IV

106TH CONGRESS

1ST SESSION H. RES. 5

Adopting rules for the One Hundred Sixth Congress in recodified form.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. ARMEY submitted the following resolution; which was considered and

agreed to

RESOLUTION

Adopting rules for the One Hundred Sixth Congress in

recodified form.

1 Resolved, That the Rules of the House of Representa2 tives of the One Hundred Fifth Congress, including appli3 cable provisions of law or concurrent resolution that con4 stituted rules of the House at the end of the One Hundred

5 Fifth Congress, are adopted as the Rules of the House

6 of Representatives of the One Hundred Sixth Congress,

7 with amendments to the standing rules, and with other

8 orders, as follows:

9 SECTION 1. CHANGES IN STANDING RULES.

10 Amend the standing rules to read as follows:
2

HRES 5 ATH

1 RULES OF THE HOUSE OF REPRESENTATIVES

2 RULE I.

3 THE SPEAKER.

4 Approval of the Journal

5 1. The Speaker shall take the Chair on every legisla6 tive day precisely at the hour to which the House last ad7 journed and immediately call the House to order. Having

8 examined and approved the Journal of the last day’s pro9 ceedings, the Speaker shall announce to the House his ap10 proval thereof. The Speaker’s approval of the Journal

11 shall be deemed agreed to unless a Member, Delegate, or

12 Resident Commissioner demands a vote thereon. If such

13 a vote is decided in the affirmative, it shall not be subject

14 to a motion to reconsider. If such a vote is decided in the

15 negative, then one motion that the Journal be read shall

16 be privileged, shall be decided without debate, and shall

17 not be subject to a motion to reconsider.

18 Preservation of order

19 2. The Speaker shall preserve order and decorum

20 and, in case of disturbance or disorderly conduct in the

21 galleries or in the lobby, may cause the same to be cleared.

22 Control of Capitol facilities

23 3. Except as otherwise provided by rule or law, the

24 Speaker shall have general control of the Hall of the

25 House, the corridors and passages in the part of the Cap-
3

HRES 5 ATH

1 itol assigned to the use of the House, and the disposal

2 of unappropriated rooms in that part of the Capitol.

3 Signature of documents

4 4. The Speaker shall sign all acts and joint resolu5 tions passed by the two Houses and all writs, warrants,

6 and subpoenas of, or issued by order of, the House. The

7 Speaker may sign enrolled bills and joint resolutions

8 whether or not the House is in session.

9 Questions of order

10 5. The Speaker shall decide all questions of order,

11 subject to appeal by a Member, Delegate, or Resident

12 Commissioner. On such an appeal a Member, Delegate,

13 or Resident Commissioner may not speak more than once

14 without permission of the House.

15 Form of a question

16 6. The Speaker shall rise to put a question but may

17 state it sitting. The Speaker shall put a question in this

18 form: ‘‘Those in favor (of the question), say ‘Aye.’ ’’; and

19 after the affirmative voice is expressed, ‘‘Those opposed,

20 say ‘No.’ ’’. After a vote by voice under this clause, the

21 Speaker may use such voting procedures as may be in22 voked under rule XX.
4

HRES 5 ATH

1 Discretion to vote

2 7. The Speaker is not required to vote in ordinary

3 legislative proceedings, except when his vote would be deci4 sive or when the House is engaged in voting by ballot.

5 Speaker pro tempore

6 8. (a) The Speaker may appoint a Member to perform

7 the duties of the Chair. Except as specified in paragraph

8 (b), such an appointment may not extend beyond three

9 legislative days.

10 (b)(1) In the case of his illness, the Speaker may ap11 point a Member to perform the duties of the Chair for

12 a period not exceeding 10 days, subject to the approval

13 of the House. If the Speaker is absent and has omitted

14 to make such an appointment, then the House shall elect

15 a Speaker pro tempore to act during the absence of the

16 Speaker.

17 (2) With the approval of the House, the Speaker may

18 appoint a Member to act as Speaker pro tempore only to

19 sign enrolled bills and joint resolutions for a specified pe20 riod of time.

21 Term limit

22 9. A person may not serve as Speaker for more than

23 four consecutive Congresses (disregarding for this purpose

24 any service for less than a full session in any Congress).
5

HRES 5 ATH

1 Designation of travel

2 10. The Speaker may designate a Member, Delegate,

3 Resident Commissioner, officer, or employee of the House

4 to travel on the business of the House within or without

5 the United States, whether the House is meeting, has re6 cessed, or has adjourned. Expenses for such travel may

7 be paid from applicable accounts of the House described

8 in clause 1(i)(1) of rule X on vouchers approved and

9 signed solely by the Speaker.

10 Committee appointment

11 11. The Speaker shall appoint all select, joint, and

12 conference committees ordered by the House. At any time

13 after an original appointment, the Speaker may remove

14 Members, Delegates, or the Resident Commissioner from,

15 or appoint additional Members, Delegates, or the Resident

16 Commissioner to, a select or conference committee. In ap17 pointing Members, Delegates, or the Resident Commis18 sioner to conference committees, the Speaker shall appoint

19 no less than a majority who generally supported the House

20 position as determined by the Speaker, shall name those

21 who are primarily responsible for the legislation, and shall,

22 to the fullest extent feasible, include the principal pro23 ponents of the major provisions of the bill or resolution

24 passed or adopted by the House.
6

HRES 5 ATH

1 Declaration of recess

2 12. To suspend the business of the House for a short

3 time when no question is pending before the House, the

4 Speaker may declare a recess subject to the call of the

5 Chair.

6 Other responsibilities

7 13. The Speaker, in consultation with the Minority

8 Leader, shall develop through an appropriate entity of the

9 House a system for drug testing in the House. The system

10 may provide for the testing of a Member, Delegate, Resi11 dent Commissioner, officer, or employee of the House, and

12 otherwise shall be comparable in scope to the system for

13 drug testing in the executive branch pursuant to Executive

14 Order 12564 (Sept. 15, 1986). The expenses of the system

15 may be paid from applicable accounts of the House for

16 official expenses.

17 RULE II.

18 OTHER OFFICERS AND OFFICIALS.

19 Elections

20 1. There shall be elected at the commencement of

21 each Congress, to continue in office until their successors

22 are chosen and qualified, a Clerk, a Sergeant-at-Arms, a

23 Chief Administrative Officer, and a Chaplain. Each of

24 these officers shall take an oath to support the Constitu25 tion of the United States, and for the true and faithful

26 exercise of the duties of his office to the best of his knowl-
7

HRES 5 ATH

1 edge and ability, and to keep the secrets of the House.

2 Each of these officers shall appoint all of the employees

3 of his department provided for by law. The Clerk, Ser4 geant-at-Arms, and Chief Administrative Officer may be

5 removed by the House or by the Speaker.

6 Clerk

7 2. (a) At the commencement of the first session of

8 each Congress, the Clerk shall call the Members, Dele9 gates, and Resident Commissioner to order and proceed

10 to record their presence by States in alphabetical order,

11 either by call of the roll or by use of the electronic voting

12 system. Pending the election of a Speaker or Speaker pro

13 tempore, the Clerk shall preserve order and decorum and

14 decide all questions of order, subject to appeal by a Mem15 ber, Delegate, or Resident Commissioner.

16 (b) At the commencement of every regular session of

17 Congress, the Clerk shall make and cause to be printed

18 and delivered to each Member, Delegate, and the Resident

19 Commissioner a list of the reports that any officer or De20 partment is required to make to Congress, citing the law

21 or resolution in which the requirement may be contained

22 and placing under the name of each officer the list of re23 ports he is required to make.

24 (c) The Clerk shall—
8

HRES 5 ATH

1 (1) note all questions of order, with the deci2 sions thereon, the record of which shall be appended

3 to the Journal of each session;

4 (2) enter on the Journal the hour at which the

5 House adjourns;

6 (3) complete the printing and distribution of

7 the Journal to Members, Delegates, and the Resi8 dent Commissioner, together with an accurate and

9 complete index, as soon as possible after the close of

10 a session; and

11 (4) send a printed copy of the Journal to the

12 executive of and to each branch of the legislature of

13 every State as may be requested by such State offi14 cials.

15 (d) The Clerk shall attest and affix the seal of the

16 House to all writs, warrants, and subpoenas issued by

17 order of the House and certify the passage of all bills and

18 joint resolutions.

19 (e) The Clerk shall cause the calendars of the House

20 to be printed and distributed each legislative day.

21 (f) The Clerk shall—

22 (1) retain in the library at the Office of the

23 Clerk for the use of the Members, Delegates, Resi24 dent Commissioner, and officers of the House, and
9

HRES 5 ATH

1 not to be withdrawn therefrom, two copies of all the

2 books and printed documents deposited there; and

3 (2) deliver or mail to any Member, Delegate, or

4 the Resident Commissioner an extra copy, in binding

5 of good quality, of each document requested by that

6 Member, Delegate, or Resident Commissioner that

7 has been printed by order of either House of Con8 gress in any Congress in which the Member, Dele9 gate, or Resident Commissioner served.

10 (g) The Clerk shall provide for his temporary absence

11 or disability by designating an official in the Office of the

12 Clerk to sign all papers that may require the official signa13 ture of the Clerk and to do all other official acts that the

14 Clerk may be required to do under the rules and practices

15 of the House, except such official acts as are provided for

16 by statute. Official acts done by the designated official

17 shall be under the name of the Clerk. The designation

18 shall be in writing and shall be laid before the House and

19 entered on the Journal.

20 (h) The Clerk may receive messages from the Presi21 dent and from the Senate at any time when the House

22 is not in session.

23 (i)(1) The Clerk shall supervise the staff and manage

24 the office of a Member, Delegate, or Resident Commis25 sioner who has died, resigned, or been expelled until a suc-
10

HRES 5 ATH

1 cessor is elected. The Clerk shall perform similar duties

2 in the event that a vacancy is declared by the House in

3 any congressional district because of the incapacity of the

4 person representing such district or other reason. When5 ever the Clerk is acting as a supervisory authority over

6 such staff, he shall have authority to terminate employees

7 and, with the approval of the Committee on House Admin8 istration, may appoint such staff as is required to operate

9 the office until a successor is elected.

10 (2) For 60 days following the death of a former

11 Speaker, the Clerk shall maintain on the House payroll,

12 and shall supervise in the same manner, staff appointed

13 under House Resolution 1238, Ninety-first Congress (as

14 enacted into permanent law by chapter VIII of the Supple15 mental Appropriations Act, 1971) (2 U.S.C. 31b–5).

16 (j) In addition to any other reports required by the

17 Speaker or the Committee on House Administration, the

18 Clerk shall report to the Committee on House Administra19 tion not later than 45 days following the close of each

20 semiannual period ending on June 30 or on December 31

21 on the financial and operational status of each function

22 under the jurisdiction of the Clerk. Each report shall in23 clude financial statements and a description or expla24 nation of current operations, the implementation of new
11

HRES 5 ATH

1 policies and procedures, and future plans for each func2 tion.

3 (k) The Clerk shall fully cooperate with the appro4 priate offices and persons in the performance of reviews

5 and audits of financial records and administrative oper6 ations.

7 Sergeant-at-Arms

8 3. (a) The Sergeant-at-Arms shall attend the House

9 during its sittings and maintain order under the direction

10 of the Speaker or other presiding officer. The Sergeant11 at-Arms shall execute the commands of the House, and

12 all processes issued by authority thereof, directed to him

13 by the Speaker.

14 (b) The symbol of the office of the Sergeant-at-Arms

15 shall be the mace, which shall be borne by him while en16 forcing order on the floor.

17 (c) The Sergeant-at-Arms shall enforce strictly the

18 rules relating to the privileges of the Hall of the House

19 and be responsible to the House for the official conduct

20 of his employees.

21 (d) The Sergeant-at-Arms may not allow a person to

22 enter the room over the Hall of the House during its

23 sittings; and from 15 minutes before the hour of the meet24 ing of the House each day until 10 minutes after adjourn-
12

HRES 5 ATH

1 ment, he shall see that the floor is cleared of all persons

2 except those privileged to remain.

3 (e) In addition to any other reports required by the

4 Speaker or the Committee on House Administration, the

5 Sergeant-at-Arms shall report to the Committee on House

6 Administration not later than 45 days following the close

7 of each semiannual period ending on June 30 or on De8 cember 31 on the financial and operational status of each

9 function under the jurisdiction of the Sergeant-at-Arms.

10 Each report shall include financial statements and a de11 scription or explanation of current operations, the imple12 mentation of new policies and procedures, and future

13 plans for each function.

14 (f) The Sergeant-at-Arms shall fully cooperate with

15 the appropriate offices and persons in the performance of

16 reviews and audits of financial records and administrative

17 operations.

18 Chief Administrative Officer

19 4. (a) The Chief Administrative Officer shall have

20 operational and financial responsibility for functions as as21 signed by the Committee on House Administration and

22 shall be subject to the policy direction and oversight of

23 the Committee on House Administration.

24 (b) In addition to any other reports required by the

25 Committee on House Administration, the Chief Adminis-
13

HRES 5 ATH

1 trative Officer shall report to the Committee on House Ad2 ministration not later than 45 days following the close of

3 each semiannual period ending on June 30 or December

4 31 on the financial and operational status of each function

5 under the jurisdiction of the Chief Administrative Officer.

6 Each report shall include financial statements and a de7 scription or explanation of current operations, the imple8 mentation of new policies and procedures, and future

9 plans for each function.

10 (c) The Chief Administrative Officer shall fully co11 operate with the appropriate offices and persons in the

12 performance of reviews and audits of financial records and

13 administrative operations.

14 Chaplain

15 5. The Chaplain shall offer a prayer at the com16 mencement of each day’s sitting of the House.

17 Office of Inspector General

18 6. (a) There is established an Office of Inspector

19 General.

20 (b) The Inspector General shall be appointed for a

21 Congress by the Speaker, the Majority Leader, and the

22 Minority Leader, acting jointly.

23 (c) Subject to the policy direction and oversight of

24 the Committee on House Administration, the Inspector

25 General shall only—
14

HRES 5 ATH

1 (1) conduct periodic audits of the financial and

2 administrative functions of the House and of joint

3 entities;

4 (2) inform the officers or other officials who are

5 the subject of an audit of the results of that audit

6 and suggesting appropriate curative actions;

7 (3) simultaneously notify the Speaker, the Ma8 jority Leader, the Minority Leader, and the chair9 man and ranking minority member of the Committee

10 on House Administration in the case of any financial

11 irregularity discovered in the course of carrying out

12 responsibilities under this clause;

13 (4) simultaneously submit to the Speaker, the

14 Majority Leader, the Minority Leader, and the

15 chairman and ranking minority member of the Com16 mittee on House Administration a report of each

17 audit conducted under this clause; and

18 (5) report to the Committee on Standards of

19 Official Conduct information involving possible viola20 tions by a Member, Delegate, Resident Commis21 sioner, officer, or employee of the House of any rule

22 of the House or of any law applicable to the per23 formance of official duties or the discharge of official

24 responsibilities that may require referral to the ap-
15

HRES 5 ATH

1 propriate Federal or State authorities under clause

2 3(a)(3) of rule XI.

3 Office of the Historian

4 7. There is established an Office of the Historian of

5 the House of Representatives. The Speaker shall appoint

6 and set the annual rate of pay for employees of the Office

7 of the Historian.

8 Office of General Counsel

9 8. There is established an Office of General Counsel

10 for the purpose of providing legal assistance and represen11 tation to the House. Legal assistance and representation

12 shall be provided without regard to political affiliation.

13 The Office of General Counsel shall function pursuant to

14 the direction of the Speaker, who shall consult with a Bi15 partisan Legal Advisory Group, which shall include the

16 majority and minority leaderships. The Speaker shall ap17 point and set the annual rate of pay for employees of the

18 Office of General Counsel.

19 RULE III.

20 THE MEMBERS, DELEGATES, AND RESIDENT

21 COMMISSIONER OF PUERTO RICO.

22 Voting

23 1. Every Member shall be present within the Hall of

24 the House during its sittings, unless excused or necessarily

25 prevented, and shall vote on each question put, unless he
16

HRES 5 ATH

1 has a direct personal or pecuniary interest in the event

2 of such question.

3 2. (a) A Member may not authorize any other person

4 to cast his vote or record his presence in the House or

5 the Committee of the Whole House on the state of the

6 Union.

7 (b) No other person may cast a Member’s vote or

8 record a Member’s presence in the House or the Commit9 tee of the Whole House on the state of the Union.

10 Delegates and the Resident Commissioner

11 3. (a) Each Delegate and the Resident Commissioner

12 shall be elected to serve on standing committees in the

13 same manner as Members of the House and shall possess

14 in such committees the same powers and privileges as the

15 other members of the committee.

16 (b) The Delegates and the Resident Commissioner

17 may be appointed to any select committee and to any con18 ference committee.

19 RULE IV.

20 THE HALL OF THE HOUSE.

21 Use and admittance

22 1. The Hall of the House shall be used only for the

23 legislative business of the House and for caucus and con24 ference meetings of its Members, except when the House

25 agrees to take part in any ceremonies to be observed there-
17

HRES 5 ATH

1 in. The Speaker may not entertain a motion for the sus2 pension of this clause.

3 2. (a) Only the following persons shall be admitted

4 to the Hall of the House or rooms leading thereto:

5 (1) Members of Congress, Members-elect, and

6 contestants in election cases during the pendency of

7 their cases on the floor.

8 (2) The Delegates and the Resident Commis9 sioner.

10 (3) The President and Vice President of the

11 United States and their private secretaries.

12 (4) Justices of the Supreme Court.

13 (5) Elected officers and minority employees

14 nominated as elected officers of the House.

15 (6) The Parliamentarian.

16 (7) Staff of committees when business from

17 their committee is under consideration.

18 (8) Not more than one person from the staff of

19 a Member, Delegate, or Resident Commissioner

20 when that Member, Delegate, or Resident Commis21 sioner has an amendment under consideration (sub22 ject to clause 5).

23 (9) The Architect of the Capitol.

24 (10) The Librarian of Congress and the assist25 ant in charge of the Law Library.
18

HRES 5 ATH

1 (11) The Secretary and Sergeant-at-Arms of

2 the Senate.

3 (12) Heads of departments.

4 (13) Foreign ministers.

5 (14) Governors of States.

6 (15) Former Members, Delegates, and Resident

7 Commissioners; former Parliamentarians of the

8 House; and former elected officers and minority em9 ployees nominated as elected officers of the House

10 (subject to clause 4).

11 (16) One attorney to accompany a Member,

12 Delegate, or Resident Commissioner who is the re13 spondent in an investigation undertaken by the

14 Committee on Standards of Official Conduct when a

15 recommendation of that committee is under consid16 eration in the House.

17 (17) Such persons as have, by name, received

18 the thanks of Congress.

19 (b) The Speaker may not entertain a unanimous con20 sent request or a motion to suspend this clause.

21 3. (a) Except as provided in paragraph (b), all per22 sons not entitled to the privilege of the floor during the

23 session shall be excluded at all times from the Hall of the

24 House and the cloakrooms.
19

HRES 5 ATH

1 (b) Until 15 minutes of the hour of the meeting of

2 the House, persons employed in its service, accredited

3 members of the press entitled to admission to the press

4 gallery, and other persons on request of a Member, Dele5 gate, or Resident Commissioner by card or in writing, may

6 be admitted to the Hall of the House.

7 4. (a) Former Members, Delegates, and Resident

8 Commissioners; former Parliamentarians of the House;

9 and former elected officers and minority employees nomi10 nated as elected officers of the House shall be entitled to

11 the privilege of admission to the Hall of the House and

12 rooms leading thereto only if—

13 (1) they do not have any direct personal or pe14 cuniary interest in any legislative measure pending

15 before the House or reported by a committee; and

16 (2) they are not in the employ of, or do not rep17 resent, any party or organization for the purpose of

18 influencing, directly or indirectly, the passage, de19 feat, or amendment of any legislative measure pend20 ing before the House, reported by a committee, or

21 under consideration in any of its committees or sub22 committees.

23 (b) The Speaker shall promulgate such regulations as

24 may be necessary to implement this rule and to ensure

25 its enforcement.
20

HRES 5 ATH

1 5. A person from the staff of a Member, Delegate,

2 or Resident Commissioner may be admitted to the Hall

3 of the House or rooms leading thereto under clause 2 only

4 upon prior notice to the Speaker. Such persons, and per5 sons from the staff of committees admitted under clause

6 2, may not engage in efforts in the Hall of the House

7 or rooms leading thereto to influence Members with regard

8 to the legislation being amended. Such persons shall re9 main at the desk and are admitted only to advise the

10 Member, Delegate, Resident Commissioner, or committee

11 responsible for their admission. A person who violates this

12 clause may be excluded during the session from the Hall

13 of the House and rooms leading thereto by the Speaker.

14 Gallery

15 6. (a) The Speaker shall set aside a portion of the

16 west gallery for the use of the President, the members of

17 the Cabinet, justices of the Supreme Court, foreign min18 isters and suites, and the members of their respective fam19 ilies. The Speaker shall set aside another portion of the

20 same gallery for the accommodation of persons to be ad21 mitted on the cards of Members, Delegates, or the Resi22 dent Commissioner.

23 (b) The Speaker shall set aside the southerly half of

24 the east gallery for the use of the families of Members

25 of Congress. The Speaker shall control one bench. On the
21

HRES 5 ATH

1 request of a Member, Delegate, Resident Commissioner,

2 or Senator, the Speaker shall issue a card of admission

3 to his family, which may include their visitors. No other

4 person shall be admitted to this section.

5 Prohibition on campaign contributions

6 7. A Member, Delegate, Resident Commissioner, offi7 cer, or employee of the House, or any other person entitled

8 to admission to the Hall of the House or rooms leading

9 thereto by this rule, may not knowingly distribute a politi10 cal campaign contribution in the Hall of the House or

11 rooms leading thereto.

12 RULE V.

13 BROADCASTING THE HOUSE.

14 1. The Speaker shall administer a system subject to

15 his direction and control for closed-circuit viewing of floor

16 proceedings of the House in the offices of all Members,

17 Delegates, the Resident Commissioner, and committees

18 and in such other places in the Capitol and the House

19 Office Buildings as he considers appropriate. Such system

20 may include other telecommunications functions as the

21 Speaker considers appropriate. Any such telecommuni22 cations shall be subject to rules and regulations issued by

23 the Speaker.

24 2. (a) The Speaker shall administer a system subject

25 to his direction and control for complete and unedited
22

HRES 5 ATH

1 audio and visual broadcasting and recording of the pro2 ceedings of the House. The Speaker shall provide for the

3 distribution of such broadcasts and recordings to news

4 media, for the storage of audio and video recordings of

5 the proceedings, and for the closed-captioning of the pro6 ceedings for hearing-impaired persons.

7 (b) All television and radio broadcasting stations, net8 works, services, and systems (including cable systems)

9 that are accredited to the House Radio and Television

10 Correspondents’ Galleries, and all radio and television cor11 respondents who are so accredited, shall be provided ac12 cess to the live coverage of the House.

13 (c) Coverage made available under this clause, includ14 ing any recording thereof—

15 (1) may not be used for any political purpose;

16 (2) may not be used in any commercial adver17 tisement; and

18 (3) may not be broadcast with commercial

19 sponsorship except as part of a bona fide news pro20 gram or public affairs documentary program.

21 3. The Speaker may delegate any of his responsibil22 ities under this rule to such legislative entity as he consid23 ers appropriate.
23

HRES 5 ATH

1 RULE VI.

2 OFFICIAL REPORTERS AND NEWS MEDIA GALLERIES.

3 Official reporters

4 1. Subject to the direction and control of the Speaker,

5 the Clerk shall appoint, and may remove for cause, the

6 official reporters of the House, including stenographers of

7 committees, and shall supervise the execution of their du8 ties.

9 News media galleries

10 2. A portion of the gallery over the Speaker’s chair

11 as may be necessary to accommodate representatives of

12 the press wishing to report debates and proceedings shall

13 be set aside for their use. Reputable reporters and cor14 respondents shall be admitted thereto under such regula15 tions as the Speaker may prescribe from time to time. The

16 Standing Committee of Correspondents for the Press Gal17 lery, and the Executive Committee of Correspondents for

18 the Periodical Press Gallery, shall supervise such galleries,

19 including the designation of its employees, subject to the

20 direction and control of the Speaker. The Speaker may

21 assign one seat on the floor to Associated Press reporters

22 and one to United Press International reporters, and may

23 regulate their occupation. The Speaker may admit to the

24 floor, under such regulations as he may prescribe, one ad25 ditional representative of each press association.
24

HRES 5 ATH

1 3. A portion of the gallery as may be necessary to

2 accommodate reporters of news to be disseminated by

3 radio, television, and similar means of transmission, wish4 ing to report debates and proceedings, shall be set aside

5 for their use. Reputable reporters and correspondents

6 shall be admitted thereto under such regulations as the

7 Speaker may prescribe. The Executive Committee of the

8 Radio and Television Correspondents’ Galleries shall su9 pervise such gallery, including the designation of its em10 ployees, subject to the direction and control of the Speak11 er. The Speaker may admit to the floor, under such regu12 lations as he may prescribe, one representative of the Na13 tional Broadcasting Company, one of the Columbia Broad14 casting System, and one of the American Broadcasting

15 Company.

16 RULE VII.

17 RECORDS OF THE HOUSE.

18 Archiving

19 1. (a) At the end of each Congress, the chairman of

20 each committee shall transfer to the Clerk any noncurrent

21 records of such committee, including the subcommittees

22 thereof.

23 (b) At the end of each Congress, each officer of the

24 House elected under rule II shall transfer to the Clerk
25

HRES 5 ATH

1 any noncurrent records made or acquired in the course

2 of the duties of such officer.

3 2. The Clerk shall deliver the records transferred

4 under clause 1, together with any other noncurrent

5 records of the House, to the Archivist of the United States

6 for preservation at the National Archives and Records Ad7 ministration. Records so delivered are the permanent

8 property of the House and remain subject to this rule and

9 any order of the House.

10 Public availability

11 3. (a) The Clerk shall authorize the Archivist to make

12 records delivered under clause 2 available for public use,

13 subject to paragraph (b), clause 4, and any order of the

14 House.

15 (b)(1) A record shall immediately be made available

16 if it was previously made available for public use by the

17 House or a committee or a subcommittee.

18 (2) An investigative record that contains personal

19 data relating to a specific living person (the disclosure of

20 which would be an unwarranted invasion of personal pri21 vacy), an administrative record relating to personnel, or

22 a record relating to a hearing that was closed under clause

23 2(g)(2) of rule XI shall be made available if it has been

24 in existence for 50 years.
26

HRES 5 ATH

1 (3) A record for which a time, schedule, or condition

2 for availability is specified by order of the House shall be

3 made available in accordance with that order. Except as

4 otherwise provided by order of the House, a record of a

5 committee for which a time, schedule, or condition for

6 availability is specified by order of the committee (entered

7 during the Congress in which the record is made or ac8 quired by the committee) shall be made available in ac9 cordance with the order of the committee.

10 (4) A record (other than a record referred to in sub11 paragraph (1), (2), or (3)) shall be made available if it

12 has been in existence for 30 years.

13 4. (a) A record may not be made available for public

14 use under clause 3 if the Clerk determines that such avail15 ability would be detrimental to the public interest or incon16 sistent with the rights and privileges of the House. The

17 Clerk shall notify in writing the chairman and ranking mi18 nority member of the Committee on House Administration

19 of any such determination.

20 (b) A determination of the Clerk under paragraph (a)

21 is subject to later orders of the House and, in the case

22 of a record of a committee, later orders of the committee.

23 5. (a) This rule does not supersede rule VIII or clause

24 9 of rule X and does not authorize the public disclosure
27

HRES 5 ATH

1 of any record if such disclosure is prohibited by law or

2 executive order of the President.

3 (b) The Committee on House Administration may

4 prescribe guidelines and regulations governing the applica5 bility and implementation of this rule.

6 (c) A committee may withdraw from the National Ar7 chives and Records Administration any record of the com8 mittee delivered to the Archivist under this rule. Such a

9 withdrawal shall be on a temporary basis and for official

10 use of the committee.

11 Definition of record

12 6. In this rule the term ‘‘record’’ means any official,

13 permanent record of the House (other than a record of

14 an individual Member, Delegate, or Resident Commis15 sioner), including—

16 (a) with respect to a committee, an official, per17 manent record of the committee (including any

18 record of a legislative, oversight, or other activity of

19 such committee or a subcommittee thereof); and

20 (b) with respect to an officer of the House

21 elected under rule II, an official, permanent record

22 made or acquired in the course of the duties of such

23 officer.
28

HRES 5 ATH

1 Withdrawal of papers

2 7. A memorial or other paper presented to the House

3 may not be withdrawn from its files without its leave. If

4 withdrawn certified copies thereof shall be left in the office

5 of the Clerk. When an act passes for the settlement of

6 a claim, the Clerk may transmit to the officer charged

7 with the settlement thereof the papers on file in his office

8 relating to such claim. The Clerk may lend temporarily

9 to an officer or bureau of the executive departments any

10 papers on file in his office relating to any matter pending

11 before such officer or bureau, taking proper receipt there12 for.

13 RULE VIII.

14 RESPONSE TO SUBPOENAS.

15 1. When a Member, Delegate, Resident Commis16 sioner, officer, or employee of the House is properly served

17 with a subpoena or other judicial order directing appear18 ance as a witness relating to the official functions of the

19 House or for the production or disclosure of any document

20 relating to the official functions of the House, such Mem21 ber, Delegate, Resident Commissioner, officer, or em22 ployee shall comply, consistently with the privileges and

23 rights of the House, with the subpoena or other judicial

24 order as hereinafter provided, unless otherwise determined

25 under this rule.
29

HRES 5 ATH

1 2. Upon receipt of a properly served subpoena or

2 other judicial order described in clause 1, a Member, Dele3 gate, Resident Commissioner, officer, or employee of the

4 House shall promptly notify the Speaker of its receipt in

5 writing. Such notification shall promptly be laid before the

6 House by the Speaker. During a period of recess or ad7 journment of longer than three days, notification to the

8 House is not required until the reconvening of the House,

9 when the notification shall promptly be laid before the

10 House by the Speaker.

11 3. Once notification has been laid before the House,

12 the Member, Delegate, Resident Commissioner, officer, or

13 employee of the House shall determine whether the

14 issuance of the subpoena or other judicial order described

15 in clause 1 is a proper exercise of jurisdiction by the court,

16 is material and relevant, and is consistent with the privi17 leges and rights of the House. Such Member, Delegate,

18 Resident Commissioner, officer, or employee shall notify

19 the Speaker before seeking judicial determination of these

20 matters.

21 4. Upon determination whether a subpoena or other

22 judicial order described in clause 1 is a proper exercise

23 of jurisdiction by the court, is material and relevant, and

24 is consistent with the privileges and rights of the House,

25 the Member, Delegate, Resident Commissioner, officer, or
30

HRES 5 ATH

1 employee of the House shall immediately notify the Speak2 er of the determination in writing.

3 5. The Speaker shall inform the House of a deter4 mination whether a subpoena or other judicial order de5 scribed in clause 1 is a proper exercise of jurisdiction by

6 the court, is material and relevant, and is consistent with

7 the privileges and rights of the House. In so informing

8 the House, the Speaker shall generally describe the

9 records or information sought. During a period of recess

10 or adjournment of longer than three days, such notifica11 tion is not required until the reconvening of the House,

12 when the notification shall promptly be laid before the

13 House by the Speaker.

14 6. (a) Except as specified in paragraph (b) or other15 wise ordered by the House, upon notification to the House

16 that a subpoena or other judicial order described in clause

17 1 is a proper exercise of jurisdiction by the court, is mate18 rial and relevant, and is consistent with the privileges and

19 rights of the House, the Member, Delegate, Resident Com20 missioner, officer, or employee of the House shall comply

21 with the subpoena or other judicial order by supplying cer22 tified copies.

23 (b) Under no circumstances may minutes or tran24 scripts of executive sessions, or evidence of witnesses in

25 respect thereto, be disclosed or copied. During a period
31

HRES 5 ATH

1 of recess or adjournment of longer than three days, the

2 Speaker may authorize compliance or take such other ac3 tion as he considers appropriate under the circumstances.

4 Upon the reconvening of the House, all matters that tran5 spired under this clause shall promptly be laid before the

6 House by the Speaker.

7 7. A copy of this rule shall be transmitted by the

8 Clerk to the court when a subpoena or other judicial order

9 described in clause 1 is issued and served on a Member,

10 Delegate, Resident Commissioner, officer, or employee of

11 the House.

12 8. Nothing in this rule shall be construed to deprive,

13 condition, or waive the constitutional or legal privileges or

14 rights applicable or available at any time to a Member,

15 Delegate, Resident Commissioner, officer, or employee of

16 the House, or of the House itself, or the right of such

17 Member, Delegate, Resident Commissioner, officer, or em18 ployee, or of the House itself, to assert such privileges or

19 rights before a court in the United States.

20 RULE IX.

21 QUESTIONS OF PRIVILEGE.

22 1. Questions of privilege shall be, first, those affecting

23 the rights of the House collectively, its safety, dignity, and

24 the integrity of its proceedings; and second, those affecting

25 the rights, reputation, and conduct of Members, Dele-
32

HRES 5 ATH

1 gates, or the Resident Commissioner, individually, in their

2 representative capacity only.

3 2. (a)(1) A resolution reported as a question of the

4 privileges of the House, or offered from the floor by the

5 Majority Leader or the Minority Leader as a question of

6 the privileges of the House, or offered as privileged under

7 clause 1, section 7, article I of the Constitution, shall have

8 precedence of all other questions except motions to ad9 journ. A resolution offered from the floor by a Member,

10 Delegate, or Resident Commissioner other than the Major11 ity Leader or the Minority Leader as a question of the

12 privileges of the House shall have precedence of all other

13 questions except motions to adjourn only at a time or

14 place, designated by the Speaker, in the legislative sched15 ule within two legislative days after the day on which the

16 proponent announces to the House his intention to offer

17 the resolution and the form of the resolution. Oral an18 nouncement of the form of the resolution may be dis19 pensed with by unanimous consent.

20 (2) The time allotted for debate on a resolution of21 fered from the floor as a question of the privileges of the

22 House shall be equally divided between (A) the proponent

23 of the resolution, and (B) the Majority Leader, the Minor24 ity Leader, or a designee, as determined by the Speaker.
33

HRES 5 ATH

1 (b) A question of personal privilege shall have prece2 dence of all other questions except motions to adjourn.

3 RULE X.

4 ORGANIZATION OF COMMITTEES.

5 Committees and their legislative jurisdictions

6 1. There shall be in the House the following standing

7 committees, each of which shall have the jurisdiction and

8 related functions assigned by this clause and clauses 2,

9 3, and 4. All bills, resolutions, and other matters relating

10 to subjects within the jurisdiction of the standing commit11 tees listed in this clause shall be referred to those commit12 tees, in accordance with clause 2 of rule XII, as follows:

13 (a) Committee on Agriculture.

14 (1) Adulteration of seeds, insect pests, and

15 protection of birds and animals in forest re16 serves.

17 (2) Agriculture generally.

18 (3) Agricultural and industrial chemistry.

19 (4) Agricultural colleges and experiment

20 stations.

21 (5) Agricultural economics and research.

22 (6) Agricultural education extension serv23 ices.

24 (7) Agricultural production and marketing

25 and stabilization of prices of agricultural prod-
34

HRES 5 ATH

1 ucts, and commodities (not including distribu2 tion outside of the United States).

3 (8) Animal industry and diseases of ani4 mals.

5 (9) Commodity exchanges.

6 (10) Crop insurance and soil conservation.

7 (11) Dairy industry.

8 (12) Entomology and plant quarantine.

9 (13) Extension of farm credit and farm se10 curity.

11 (14) Inspection of livestock, poultry, meat

12 products, and seafood and seafood products.

13 (15) Forestry in general and forest re14 serves other than those created from the public

15 domain.

16 (16) Human nutrition and home econom17 ics.

18 (17) Plant industry, soils, and agricultural

19 engineering.

20 (18) Rural electrification.

21 (19) Rural development.

22 (20) Water conservation related to activi23 ties of the Department of Agriculture.

24 (b) Committee on Appropriations.
35

HRES 5 ATH

1 (1) Appropriation of the revenue for the

2 support of the Government.

3 (2) Rescissions of appropriations contained

4 in appropriation Acts.

5 (3) Transfers of unexpended balances.

6 (4) Bills and joint resolutions reported by

7 other committees that provide new entitlement

8 authority as defined in section 3(9) of the Con9 gressional Budget Act of 1974 and referred to

10 the committee under clause 4(a)(2).

11 (c) Committee on Armed Services.

12 (1) Ammunition depots; forts; arsenals;

13 and Army, Navy, and Air Force reservations

14 and establishments.

15 (2) Common defense generally.

16 (3) Conservation, development, and use of

17 naval petroleum and oil shale reserves.

18 (4) The Department of Defense generally,

19 including the Departments of the Army, Navy,

20 and Air Force, generally.

21 (5) Interoceanic canals generally, including

22 measures relating to the maintenance, oper23 ation, and administration of interoceanic canals.

24 (6) Merchant Marine Academy and State

25 Maritime Academies.
36

HRES 5 ATH

1 (7) Military applications of nuclear energy.

2 (8) Tactical intelligence and intelligence-re3 lated activities of the Department of Defense.

4 (9) National security aspects of merchant

5 marine, including financial assistance for the

6 construction and operation of vessels, mainte7 nance of the U.S. shipbuilding and ship repair

8 industrial base, cabotage, cargo preference, and

9 merchant marine officers and seamen as these

10 matters relate to the national security.

11 (10) Pay, promotion, retirement, and other

12 benefits and privileges of members of the armed

13 forces.

14 (11) Scientific research and development in

15 support of the armed services.

16 (12) Selective service.

17 (13) Size and composition of the Army,

18 Navy, Marine Corps, and Air Force.

19 (14) Soldiers’ and sailors’ homes.

20 (15) Strategic and critical materials nec21 essary for the common defense.

22 (d) Committee on Banking and Finan23 cial Services.

24 (1) Banks and banking, including deposit

25 insurance and Federal monetary policy.
37

HRES 5 ATH

1 (2) Bank capital markets activities gen2 erally.

3 (3) Depository institutions securities activi4 ties generally, including activities of any affili5 ates (except for functional regulation under ap6 plicable securities laws not involving safety and

7 soundness).

8 (4) Economic stabilization, defense produc9 tion, renegotiation, and control of the price of

10 commodities, rents, and services.

11 (5) Financial aid to commerce and indus12 try (other than transportation).

13 (6) International finance.

14 (7) International financial and monetary

15 organizations.

16 (8) Money and credit, including currency

17 and this issuance of notes and redemption

18 thereof; gold and silver, including the coinage

19 thereof; valuation and revaluation of the dollar.

20 (9) Public and private housing.

21 (10) Urban development.

22 (e) Committee on the Budget.

23 (1) Concurrent resolutions on the budget

24 (as defined in section 3(4) of the Congressional

25 Budget Act of 1974), other matters required to
38

HRES 5 ATH

1 be referred to the committee under titles III

2 and IV of that Act, and other measures setting

3 forth appropriate levels of budget totals for the

4 United States Government.

5 (2) Budget process generally.

6 (3) Establishment, extension, and enforce7 ment of special controls over the Federal budg8 et, including the budgetary treatment of off9 budget Federal agencies and measures provid10 ing exemption from reduction under any order

11 issued under part C of the Balanced Budget

12 and Emergency Deficit Control Act of 1985.

13 (f) Committee on Commerce.

14 (1) Biomedical research and development.

15 (2) Consumer affairs and consumer protec16 tion.

17 (3) Health and health facilities (except

18 health care supported by payroll deductions).

19 (4) Interstate energy compacts.

20 (5) Interstate and foreign commerce gen21 erally.

22 (6) Exploration, production, storage, sup23 ply, marketing, pricing, and regulation of en24 ergy resources, including all fossil fuels, solar
39

HRES 5 ATH

1 energy, and other unconventional or renewable

2 energy resources.

3 (7) Conservation of energy resources.

4 (8) Energy information generally.

5 (9) The generation and marketing of

6 power (except by federally chartered or Federal

7 regional power marketing authorities); reliabil8 ity and interstate transmission of, and rate9 making for, all power; and siting of generation

10 facilities (except the installation of interconnec11 tions between Government waterpower

12 projects).

13 (10) General management of the Depart14 ment of Energy and management and all func15 tions of the Federal Energy Regulatory Com16 mission.

17 (11) National energy policy generally.

18 (12) Public health and quarantine.

19 (13) Regulation of the domestic nuclear

20 energy industry, including regulation of re21 search and development reactors and nuclear

22 regulatory research.

23 (14) Regulation of interstate and foreign

24 communications.

25 (15) Securities and exchanges.
40

HRES 5 ATH

1 (16) Travel and tourism.

2 The committee shall have the same jurisdiction with

3 respect to regulation of nuclear facilities and of use

4 of nuclear energy as it has with respect to regulation

5 of nonnuclear facilities and of use of nonnuclear en6 ergy.

7 (g) Committee on Education and the

8 Workforce.

9 (1) Child labor.

10 (2) Gallaudet University and Howard Uni11 versity and Hospital.

12 (3) Convict labor and the entry of goods

13 made by convicts into interstate commerce.

14 (4) Food programs for children in schools.

15 (5) Labor standards and statistics.

16 (6) Education or labor generally.

17 (7) Mediation and arbitration of labor dis18 putes.

19 (8) Regulation or prevention of importa20 tion of foreign laborers under contract.

21 (9) Workers’ compensation.

22 (10) Vocational rehabilitation.

23 (11) Wages and hours of labor.

24 (12) Welfare of miners.

25 (13) Work incentive programs.
41

HRES 5 ATH

1 (h) Committee on Government Re2 form.

3 (1) Federal civil service, including inter4 governmental personnel; and the status of offi5 cers and employees of the United States, in6 cluding their compensation, classification, and

7 retirement.

8 (2) Municipal affairs of the District of Co9 lumbia in general (other than appropriations).

10 (3) Federal paperwork reduction.

11 (4) Government management and account12 ing measures generally.

13 (5) Holidays and celebrations.

14 (6) Overall economy, efficiency, and man15 agement of government operations and activi16 ties, including Federal procurement.

17 (7) National archives.

18 (8) Population and demography generally,

19 including the Census.

20 (9) Postal service generally, including

21 transportation of the mails.

22 (10) Public information and records.

23 (11) Relationship of the Federal Govern24 ment to the States and municipalities generally.
42

HRES 5 ATH

1 (12) Reorganizations in the executive

2 branch of the Government.

3 (i) Committee on House Administra4 tion.

5 (1) Appropriations from accounts for com6 mittee salaries and expenses (except for the

7 Committee on Appropriations); House Informa8 tion Resources; and allowance and expenses of

9 Members, Delegates, the Resident Commis10 sioner, officers, and administrative offices of the

11 House.

12 (2) Auditing and settling of all accounts

13 described in subparagraph (1).

14 (3) Employment of persons by the House,

15 including staff for Members, Delegates, the

16 Resident Commissioner, and committees; and

17 reporters of debates, subject to rule VI.

18 (4) Except as provided in paragraph

19 (q)(11), the Library of Congress, including

20 management thereof; the House Library; statu21 ary and pictures; acceptance or purchase of

22 works of art for the Capitol; the Botanic Gar23 den; and purchase of books and manuscripts.
43

HRES 5 ATH

1 (5) The Smithsonian Institution and the

2 incorporation of similar institutions (except as

3 provided in paragraph (q)(11)).

4 (6) Expenditure of accounts described in

5 subparagraph (1).

6 (7) Franking Commission.

7 (8) Printing and correction of the Congres8 sional Record.

9 (9) Accounts of the House generally.

10 (10) Assignment of office space for Mem11 bers, Delegates, the Resident Commissioner,

12 and committees.

13 (11) Disposition of useless executive pa14 pers.

15 (12) Election of the President, Vice Presi16 dent, Members, Senators, Delegates, or the

17 Resident Commissioner; corrupt practices; con18 tested elections; credentials and qualifications;

19 and Federal elections generally.

20 (13) Services to the House, including the

21 House Restaurant, parking facilities, and ad22 ministration of the House Office Buildings and

23 of the House wing of the Capitol.

24 (14) Travel of Members, Delegates, and

25 the Resident Commissioner.
44

HRES 5 ATH

1 (15) Raising, reporting, and use of cam2 paign contributions for candidates for office of

3 Representative, of Delegate, and of Resident

4 Commissioner.

5 (16) Compensation, retirement, and other

6 benefits of the Members, Delegates, the Resi7 dent Commissioner, officers, and employees of

8 Congress.

9 (j) Committee on International Rela10 tions.

11 (1) Relations of the United States with

12 foreign nations generally.

13 (2) Acquisition of land and buildings for

14 embassies and legations in foreign countries.

15 (3) Establishment of boundary lines be16 tween the United States and foreign nations.

17 (4) Export controls, including nonprolifera18 tion of nuclear technology and nuclear hard19 ware.

20 (5) Foreign loans.

21 (6) International commodity agreements

22 (other than those involving sugar), including all

23 agreements for cooperation in the export of nu24 clear technology and nuclear hardware.
45

HRES 5 ATH

1 (7) International conferences and con2 gresses.

3 (8) International education.

4 (9) Intervention abroad and declarations of

5 war.

6 (10) Diplomatic service.

7 (11) Measures to foster commercial inter8 course with foreign nations and to safeguard

9 American business interests abroad.

10 (12) International economic policy.

11 (13) Neutrality.

12 (14) Protection of American citizens

13 abroad and expatriation.

14 (15) The American National Red Cross.

15 (16) Trading with the enemy.

16 (17) United Nations organizations.

17 (k) Committee on the Judiciary.

18 (1) The judiciary and judicial proceedings,

19 civil and criminal.

20 (2) Administrative practice and procedure.

21 (3) Apportionment of Representatives.

22 (4) Bankruptcy, mutiny, espionage, and

23 counterfeiting.

24 (5) Civil liberties.

25 (6) Constitutional amendments.
46

HRES 5 ATH

1 (7) Federal courts and judges, and local

2 courts in the Territories and possessions.

3 (8) Immigration and naturalization.

4 (9) Interstate compacts generally.

5 (10) Claims against the United States.

6 (11) Meetings of Congress; attendance of

7 Members, Delegates, and the Resident Commis8 sioner; and their acceptance of incompatible of9 fices.

10 (12) National penitentiaries.

11 (13) Patents, the Patent and Trademark

12 Office, copyrights, and trademarks.

13 (14) Presidential succession.

14 (15) Protection of trade and commerce

15 against unlawful restraints and monopolies.

16 (16) Revision and codification of the Stat17 utes of the United States.

18 (17) State and territorial boundary lines.

19 (18) Subversive activities affecting the in20 ternal security of the United States.

21 (l) Committee on Resources.

22 (1) Fisheries and wildlife, including re23 search, restoration, refuges, and conservation.

24 (2) Forest reserves and national parks cre25 ated from the public domain.
47

HRES 5 ATH

1 (3) Forfeiture of land grants and alien

2 ownership, including alien ownership of mineral

3 lands.

4 (4) Geological Survey.

5 (5) International fishing agreements.

6 (6) Interstate compacts relating to appor7 tionment of waters for irrigation purposes.

8 (7) Irrigation and reclamation, including

9 water supply for reclamation projects and ease10 ments of public lands for irrigation projects;

11 and acquisition of private lands when necessary

12 to complete irrigation projects.

13 (8) Native Americans generally, including

14 the care and allotment of Native American

15 lands and general and special measures relating

16 to claims that are paid out of Native American

17 funds.

18 (9) Insular possessions of the United

19 States generally (except those affecting the rev20 enue and appropriations).

21 (10) Military parks and battlefields, na22 tional cemeteries administered by the Secretary

23 of the Interior, parks within the District of Co24 lumbia, and the erection of monuments to the

25 memory of individuals.
48

HRES 5 ATH

1 (11) Mineral land laws and claims and en2 tries thereunder.

3 (12) Mineral resources of public lands.

4 (13) Mining interests generally.

5 (14) Mining schools and experimental sta6 tions.

7 (15) Marine affairs, including coastal zone

8 management (except for measures relating to

9 oil and other pollution of navigable waters).

10 (16) Oceanography.

11 (17) Petroleum conservation on public

12 lands and conservation of the radium supply in

13 the United States.

14 (18) Preservation of prehistoric ruins and

15 objects of interest on the public domain.

16 (19) Public lands generally, including

17 entry, easements, and grazing thereon.

18 (20) Relations of the United States with

19 Native Americans and Native American tribes.

20 (21) Trans-Alaska Oil Pipeline (except

21 ratemaking).

22 (m) Committee on Rules.

23 (1) Rules and joint rules (other than those

24 relating to the Code of Official Conduct) and

25 the order of business of the House.
49

HRES 5 ATH

1 (2) Recesses and final adjournments of

2 Congress.

3 (n) Committee on Science.

4 (1) All energy research, development, and

5 demonstration, and projects therefor, and all

6 federally owned or operated nonmilitary energy

7 laboratories.

8 (2) Astronautical research and develop9 ment, including resources, personnel, equip10 ment, and facilities.

11 (3) Civil aviation research and develop12 ment.

13 (4) Environmental research and develop14 ment.

15 (5) Marine research.

16 (6) Commercial application of energy tech17 nology.

18 (7) National Institute of Standards and

19 Technology, standardization of weights and

20 measures, and the metric system.

21 (8) National Aeronautics and Space Ad22 ministration.

23 (9) National Space Council.

24 (10) National Science Foundation.

25 (11) National Weather Service.
50

HRES 5 ATH

1 (12) Outer space, including exploration

2 and control thereof.

3 (13) Science scholarships.

4 (14) Scientific research, development, and

5 demonstration, and projects therefor.

6 (o) Committee on Small Business.

7 (1) Assistance to and protection of small

8 business, including financial aid, regulatory

9 flexibility, and paperwork reduction.

10 (2) Participation of small-business enter11 prises in Federal procurement and Government

12 contracts.

13 (p) Committee on Standards of Offi14 cial Conduct.

15 The Code of Official Conduct.

16 (q) Committee on Transportation and

17 Infrastructure.

18 (1) Coast Guard, including lifesaving serv19 ice, lighthouses, lightships, ocean derelicts, and

20 the Coast Guard Academy.

21 (2) Federal management of emergencies

22 and natural disasters.

23 (3) Flood control and improvement of riv24 ers and harbors.

25 (4) Inland waterways.
51

HRES 5 ATH

1 (5) Inspection of merchant marine vessels,

2 lights and signals, lifesaving equipment, and

3 fire protection on such vessels.

4 (6) Navigation and laws relating thereto,

5 including pilotage.

6 (7) Registering and licensing of vessels and

7 small boats.

8 (8) Rules and international arrangements

9 to prevent collisions at sea.

10 (9) The Capitol Building and the Senate

11 and House Office Buildings.

12 (10) Construction or maintenance of roads

13 and post roads (other than appropriations

14 therefor).

15 (11) Construction or reconstruction, main16 tenance, and care of buildings and grounds of

17 the Botanic Garden, the Library of Congress,

18 and the Smithsonian Institution.

19 (12) Merchant marine (except for national

20 security aspects thereof).

21 (13) Purchase of sites and construction of

22 post offices, customhouses, Federal court23 houses, and Government buildings within the

24 District of Columbia.
52

HRES 5 ATH

1 (14) Oil and other pollution of navigable

2 waters, including inland, coastal, and ocean wa3 ters.

4 (15) Marine affairs, including coastal zone

5 management, as they relate to oil and other pol6 lution of navigable waters.

7 (16) Public buildings and occupied or im8 proved grounds of the United States generally.

9 (17) Public works for the benefit of navi10 gation, including bridges and dams (other than

11 international bridges and dams).

12 (18) Related transportation regulatory

13 agencies.

14 (19) Roads and the safety thereof.

15 (20) Transportation, including civil avia16 tion, railroads, water transportation, transpor17 tation safety (except automobile safety), trans18 portation infrastructure, transportation labor,

19 and railroad retirement and unemployment (ex20 cept revenue measures related thereto).

21 (21) Water power.

22 (r) Committee on Veterans’ Affairs.

23 (1) Veterans’ measures generally.

24 (2) Cemeteries of the United States in

25 which veterans of any war or conflict are or
53

HRES 5 ATH

1 may be buried, whether in the United States or

2 abroad (except cemeteries administered by the

3 Secretary of the Interior).

4 (3) Compensation, vocational rehabilita5 tion, and education of veterans.

6 (4) Life insurance issued by the Govern7 ment on account of service in the Armed

8 Forces.

9 (5) Pensions of all the wars of the United

10 States, general and special.

11 (6) Readjustment of servicemen to civil

12 life.

13 (7) Soldiers’ and sailors’ civil relief.

14 (8) Veterans’ hospitals, medical care, and

15 treatment of veterans.

16 (s) Committee on Ways and Means.

17 (1) Customs, collection districts, and ports

18 of entry and delivery.

19 (2) Reciprocal trade agreements.

20 (3) Revenue measures generally.

21 (4) Revenue measures relating to insular

22 possessions.

23 (5) Bonded debt of the United States, sub24 ject to the last sentence of clause 4(f).

25 (6) Deposit of public monies.
54

HRES 5 ATH

1 (7) Transportation of dutiable goods.

2 (8) Tax exempt foundations and charitable

3 trusts.

4 (9) National social security (except health

5 care and facilities programs that are supported

6 from general revenues as opposed to payroll de7 ductions and except work incentive programs).

8 General oversight responsibilities

9 2. (a) The various standing committees shall have

10 general oversight responsibilities as provided in paragraph

11 (b) in order to assist the House in—

12 (1) its analysis, appraisal, and evaluation of—

13 (A) the application, administration, execu14 tion, and effectiveness of Federal laws; and

15 (B) conditions and circumstances that may

16 indicate the necessity or desirability of enacting

17 new or additional legislation; and

18 (2) its formulation, consideration, and enact19 ment of changes in Federal laws, and of such addi20 tional legislation as may be necessary or appro21 priate.

22 (b)(1) In order to determine whether laws and pro23 grams addressing subjects within the jurisdiction of a

24 committee are being implemented and carried out in ac25 cordance with the intent of Congress and whether they
55

HRES 5 ATH

1 should be continued, curtailed, or eliminated, each stand2 ing committee (other than the Committee on Appropria3 tions) shall review and study on a continuing basis—

4 (A) the application, administration, execution,

5 and effectiveness of laws and programs addressing

6 subjects within its jurisdiction;

7 (B) the organization and operation of Federal

8 agencies and entities having responsibilities for the

9 administration and execution of laws and programs

10 addressing subjects within its jurisdiction;

11 (C) any conditions or circumstances that may

12 indicate the necessity or desirability of enacting new

13 or additional legislation addressing subjects within

14 its jurisdiction (whether or not a bill or resolution

15 has been introduced with respect thereto); and

16 (D) future research and forecasting on subjects

17 within its jurisdiction.

18 (2) Each committee to which subparagraph (1) ap19 plies having more than 20 members shall establish an

20 oversight subcommittee, or require its subcommittees to

21 conduct oversight in their respective jurisdictions, to assist

22 in carrying out its responsibilities under this clause. The

23 establishment of an oversight subcommittee does not limit

24 the responsibility of a subcommittee with legislative juris25 diction in carrying out its oversight responsibilities.
56

HRES 5 ATH

1 (c) Each standing committee shall review and study

2 on a continuing basis the impact or probable impact of

3 tax policies affecting subjects within its jurisdiction as de4 scribed in clauses 1 and 3.

5 (d)(1) Not later than February 15 of the first session

6 of a Congress, each standing committee shall, in a meeting

7 that is open to the public and with a quorum present,

8 adopt its oversight plan for that Congress. Such plan shall

9 be submitted simultaneously to the Committee on Govern10 ment Reform and to the Committee on House Administra11 tion. In developing its plan each committee shall, to the

12 maximum extent feasible—

13 (A) consult with other committees that have ju14 risdiction over the same or related laws, programs,

15 or agencies within its jurisdiction with the objective

16 of ensuring maximum coordination and cooperation

17 among committees when conducting reviews of such

18 laws, programs, or agencies and include in its plan

19 an explanation of steps that have been or will be

20 taken to ensure such coordination and cooperation;

21 (B) give priority consideration to including in

22 its plan the review of those laws, programs, or agen23 cies operating under permanent budget authority or

24 permanent statutory authority; and
57

HRES 5 ATH

1 (C) have a view toward ensuring that all signifi2 cant laws, programs, or agencies within its jurisdic3 tion are subject to review every 10 years.

4 (2) Not later than March 31 in the first session of

5 a Congress, after consultation with the Speaker, the Ma6 jority Leader, and the Minority Leader, the Committee on

7 Government Reform shall report to the House the over8 sight plans submitted by committees together with any

9 recommendations that it, or the House leadership group

10 described above, may make to ensure the most effective

11 coordination of oversight plans and otherwise to achieve

12 the objectives of this clause.

13 (e) The Speaker, with the approval of the House, may

14 appoint special ad hoc oversight committees for the pur15 pose of reviewing specific matters within the jurisdiction

16 of two or more standing committees.

17 Special oversight functions

18 3. (a) The Committee on Appropriations shall con19 duct such studies and examinations of the organization

20 and operation of executive departments and other execu21 tive agencies (including an agency the majority of the

22 stock of which is owned by the United States) as it consid23 ers necessary to assist it in the determination of matters

24 within its jurisdiction.
58

HRES 5 ATH

1 (b) The Committee on the Budget shall study on a

2 continuing basis the effect on budget outlays of relevant

3 existing and proposed legislation and report the results of

4 such studies to the House on a recurring basis.

5 (c) The Committee on Commerce shall review and

6 study on a continuing basis laws, programs, and Govern7 ment activities relating to nuclear and other energy and

8 nonmilitary nuclear energy research and development in9 cluding the disposal of nuclear waste.

10 (d) The Committee on Education and the Workforce

11 shall review, study, and coordinate on a continuing basis

12 laws, programs, and Government activities relating to do13 mestic educational programs and institutions and pro14 grams of student assistance within the jurisdiction of

15 other committees.

16 (e) The Committee on Government Reform shall re17 view and study on a continuing basis the operation of Gov18 ernment activities at all levels with a view to determining

19 their economy and efficiency.

20 (f) The Committee on International Relations shall

21 review and study on a continuing basis laws, programs,

22 and Government activities relating to customs administra23 tion, intelligence activities relating to foreign policy, inter24 national financial and monetary organizations, and inter25 national fishing agreements.
59

HRES 5 ATH

1 (g) The Committee on Armed Services shall review

2 and study on a continuing basis laws, programs, and Gov3 ernment activities relating to international arms control

4 and disarmament and the education of military depend5 ents in schools.

6 (h) The Committee on Resources shall review and

7 study on a continuing basis laws, programs, and Govern8 ment activities relating to Native Americans.

9 (i) The Committee on Rules shall review and study

10 on a continuing basis the congressional budget process,

11 and the committee shall report its findings and rec12 ommendations to the House from time to time.

13 (j) The Committee on Science shall review and study

14 on a continuing basis laws, programs, and Government ac15 tivities relating to nonmilitary research and development.

16 (k) The Committee on Small Business shall study

17 and investigate on a continuing basis the problems of all

18 types of small business.

19 Additional functions of committees

20 4. (a)(1)(A) The Committee on Appropriations shall,

21 within 30 days after the transmittal of the Budget to Con22 gress each year, hold hearings on the Budget as a whole

23 with particular reference to—
60

HRES 5 ATH

1 (i) the basic recommendations and budgetary

2 policies of the President in the presentation of the

3 Budget; and

4 (ii) the fiscal, financial, and economic assump5 tions used as bases in arriving at total estimated ex6 penditures and receipts.

7 (B) In holding hearings under subdivision (A), the

8 committee shall receive testimony from the Secretary of

9 the Treasury, the Director of the Office of Management

10 and Budget, the Chairman of the Council of Economic Ad11 visers, and such other persons as the committee may de12 sire.

13 (C) A hearing under subdivision (A), or any part

14 thereof, shall be held in open session, except when the

15 committee, in open session and with a quorum present,

16 determines by record vote that the testimony to be taken

17 at that hearing on that day may be related to a matter

18 of national security. The committee may by the same pro19 cedure close one subsequent day of hearing. A transcript

20 of all such hearings shall be printed and a copy thereof

21 furnished to each Member, Delegate, and the Resident

22 Commissioner.

23 (D) A hearing under subdivision (A), or any part

24 thereof, may be held before a joint meeting of the commit25 tee and the Committee on Appropriations of the Senate
61

HRES 5 ATH

1 in accordance with such procedures as the two committees

2 jointly may determine.

3 (2) Pursuant to section 401(b)(2) of the Congres4 sional Budget Act of 1974, when a committee reports a

5 bill or joint resolution that provides new entitlement au6 thority as defined in section 3(9) of that Act, and enact7 ment of the bill or joint resolution, as reported, would

8 cause a breach of the committee’s pertinent allocation of

9 new budget authority under section 302(a) of that Act,

10 the bill or joint resolution may be referred to the Commit11 tee on Appropriations with instructions to report it with

12 recommendations (which may include an amendment lim13 iting the total amount of new entitlement authority pro14 vided in the bill or joint resolution). If the Committee on

15 Appropriations fails to report a bill or joint resolution so

16 referred within 15 calendar days (not counting any day

17 on which the House is not in session), the committee auto18 matically shall be discharged from consideration of the bill

19 or joint resolution, and the bill or joint resolution shall

20 be placed on the appropriate calendar.

21 (3) In addition, the Committee on Appropriations

22 shall study on a continuing basis those provisions of law

23 that (on the first day of the first fiscal year for which

24 the congressional budget process is effective) provide

25 spending authority or permanent budget authority and
62

HRES 5 ATH

1 shall report to the House from time to time its rec2 ommendations for terminating or modifying such provi3 sions.

4 (4) In the manner provided by section 302 of the

5 Congressional Budget Act of 1974, the Committee on Ap6 propriations (after consulting with the Committee on Ap7 propriations of the Senate) shall subdivide any allocations

8 made to it in the joint explanatory statement accompany9 ing the conference report on such concurrent resolution,

10 and promptly report the subdivisions to the House as soon

11 as practicable after a concurrent resolution on the budget

12 for a fiscal year is agreed to.

13 (b) The Committee on the Budget shall—

14 (1) review on a continuing basis the conduct by

15 the Congressional Budget Office of its functions and

16 duties;

17 (2) hold hearings and receive testimony from

18 Members, Senators, Delegates, the Resident Com19 missioner, and such appropriate representatives of

20 Federal departments and agencies, the general pub21 lic, and national organizations as it considers desir22 able in developing concurrent resolutions on the

23 budget for each fiscal year;

24 (3) make all reports required of it by the Con25 gressional Budget Act of 1974;
63

HRES 5 ATH

1 (4) study on a continuing basis those provisions

2 of law that exempt Federal agencies or any of their

3 activities or outlays from inclusion in the Budget of

4 the United States Government, and report to the

5 House from time to time its recommendations for

6 terminating or modifying such provisions;

7 (5) study on a continuing basis proposals de8 signed to improve and facilitate the congressional

9 budget process, and report to the House from time

10 to time the results of such studies, together with its

11 recommendations; and

12 (6) request and evaluate continuing studies of

13 tax expenditures, devise methods of coordinating tax

14 expenditures, policies, and programs with direct

15 budget outlays, and report the results of such stud16 ies to the House on a recurring basis.

17 (c)(1) The Committee on Government Reform shall—

18 (A) receive and examine reports of the Comp19 troller General of the United States and submit to

20 the House such recommendations as it considers

21 necessary or desirable in connection with the subject

22 matter of the reports;

23 (B) evaluate the effects of laws enacted to reor24 ganize the legislative and executive branches of the

25 Government; and
64

HRES 5 ATH

1 (C) study intergovernmental relationships be2 tween the United States and the States and munici3 palities and between the United States and inter4 national organizations of which the United States is

5 a member.

6 (2) In addition to its duties under subparagraph (1),

7 the Committee on Government Reform may at any time

8 conduct investigations of any matter without regard to

9 clause 1, 2, 3, or this clause conferring jurisdiction over

10 the matter to another standing committee. The findings

11 and recommendations of the committee in such an inves12 tigation shall be made available to any other standing

13 committee having jurisdiction over the matter involved and

14 shall be included in the report of any such other committee

15 when required by clause 3(c)(4) of rule XIII.

16 (d)(1) The Committee on House Administration

17 shall—

18 (A) examine all bills, amendments, and joint

19 resolutions after passage by the House and, in co20 operation with the Senate, examine all bills and joint

21 resolutions that have passed both Houses to see that

22 they are correctly enrolled and forthwith present

23 those bills and joint resolutions that originated in

24 the House to the President in person after their sig25 nature by the Speaker and the President of the Sen-
65

HRES 5 ATH

1 ate, and report to the House the fact and date of

2 their presentment;

3 (B) provide policy direction for, and oversight

4 of, the Clerk, Sergeant-at-Arms, Chief Administra5 tive Officer, and Inspector General;

6 (C) have the function of accepting on behalf of

7 the House a gift, except as otherwise provided by

8 law, if the gift does not involve a duty, burden, or

9 condition, or is not made dependent on some future

10 performance by the House; and

11 (D) promulgate regulations to carry out sub12 division (C).

13 (2) An employing office of the House may enter into

14 a settlement of a complaint under the Congressional Ac15 countability Act of 1995 that provides for the payment

16 of funds only after receiving the joint approval of the

17 chairman and ranking minority member of the Committee

18 on House Administration concerning the amount of such

19 payment.

20 (e)(1) Each standing committee shall, in its consider21 ation of all public bills and public joint resolutions within

22 its jurisdiction, ensure that appropriations for continuing

23 programs and activities of the Federal Government and

24 the government of the District of Columbia will be made

25 annually to the maximum extent feasible and consistent
66

HRES 5 ATH

1 with the nature, requirement, and objective of the pro2 grams and activities involved. In this subparagraph pro3 grams and activities of the Federal Government and the

4 government of the District of Columbia includes programs

5 and activities of any department, agency, establishment,

6 wholly owned Government corporation, or instrumentality

7 of the Federal Government or of the government of the

8 District of Columbia.

9 (2) Each standing committee shall review from time

10 to time each continuing program within its jurisdiction for

11 which appropriations are not made annually to ascertain

12 whether the program should be modified to provide for an13 nual appropriations.

14 Budget Act responsibilities

15 (f)(1) Each standing committee shall submit to the

16 Committee on the Budget not later than six weeks after

17 the President submits his budget, or at such time as the

18 Committee on the Budget may request—

19 (A) its views and estimates with respect to all

20 matters to be set forth in the concurrent resolution

21 on the budget for the ensuing fiscal year that are

22 within its jurisdiction or functions; and

23 (B) an estimate of the total amounts of new

24 budget authority, and budget outlays resulting there25 from, to be provided or authorized in all bills and
67

HRES 5 ATH

1 resolutions within its jurisdiction that it intends to

2 be effective during that fiscal year.

3 (2) The views and estimates submitted by the Com4 mittee on Ways and Means under subparagraph (1) shall

5 include a specific recommendation, made after holding

6 public hearings, as to the appropriate level of the public

7 debt that should be set forth in the concurrent resolution

8 on the budget and serve as the basis for an increase or

9 decrease in the statutory limit on such debt under the pro10 cedures provided by rule XXIII.

11 Election and membership of standing committees

12 5. (a)(1) The standing committees specified in clause

13 1 shall be elected by the House within seven calendar days

14 after the commencement of each Congress, from nomina15 tions submitted by the respective party caucus or con16 ference. A resolution proposing to change the composition

17 of a standing committee shall be privileged if offered by

18 direction of the party caucus or conference concerned.

19 (2)(A) The Committee on the Budget shall be com20 posed of members as follows:

21 (i) Members, Delegates, or the Resident Com22 missioner who are members of other standing com23 mittees, including five who are members of the Com24 mittee on Appropriations and five who are members

25 of the Committee on Ways and Means;
68

HRES 5 ATH

1 (ii) one Member from the elected leadership of

2 the majority party; and

3 (iii) one Member from the elected leadership of

4 the minority party.

5 (B) Except as permitted by subdivision (C), a mem6 ber of the Committee on the Budget other than one from

7 the elected leadership of a party may not serve on the com8 mittee during more than four Congresses in a period of

9 six successive Congresses (disregarding for this purpose

10 any service for less than a full session in a Congress).

11 (C) A member of the Committee on the Budget who

12 served as either the chairman or the ranking minority

13 member of the committee in the immediately previous

14 Congress and who did not serve in that respective capacity

15 in an earlier Congress may serve as either the chairman

16 or the ranking minority member of the committee during

17 one additional Congress.

18 (3)(A) The Committee on Standards of Official Con19 duct shall be composed of 10 members, five from the ma20 jority party and five from the minority party.

21 (B) Except as permitted by subdivision (C), a mem22 ber of the Committee on Standards of Official Conduct

23 may not serve on the committee during more than three

24 Congresses in a period of five successive Congresses (dis-
69

HRES 5 ATH

1 regarding for this purpose any service for less than a full

2 session in a Congress).

3 (C) A member of the Committee on Standards of Of4 ficial Conduct may serve on the committee during a fourth

5 Congress in a period of five successive Congresses only as

6 either the chairman or the ranking minority member of

7 the committee.

8 (4)(A) At the beginning of a Congress, the Speaker

9 or his designee and the Minority Leader or his designee

10 each shall name 10 Members, Delegates, or the Resident

11 Commissioner from his respective party who are not mem12 bers of the Committee on Standards of Official Conduct

13 to be available to serve on investigative subcommittees of

14 that committee during that Congress. The lists of Mem15 bers, Delegates, or the Resident Commissioner so named

16 shall be announced to the House.

17 (B) Whenever the chairman and the ranking minority

18 member of the Committee on Standards of Official Con19 duct jointly determine that Members, Delegates, or the

20 Resident Commissioner named under subdivision (A)

21 should be assigned to serve on an investigative subcommit22 tee of that committee, each of them shall select an equal

23 number of such Members, Delegates, or Resident Commis24 sioner from his respective party to serve on that sub25 committee.
70

HRES 5 ATH

1 (b)(1) Membership on a standing committee during

2 the course of a Congress shall be contingent on continuing

3 membership in the party caucus or conference that nomi4 nated the Member, Delegate, or Resident Commissioner

5 concerned for election to such committee. Should a Mem6 ber, Delegate, or Resident Commissioner cease to be a

7 member of a particular party caucus or conference, that

8 Member, Delegate, or Resident Commissioner shall auto9 matically cease to be a member of each standing commit10 tee to which he was elected on the basis of nomination

11 by that caucus or conference. The chairman of the rel12 evant party caucus or conference shall notify the Speaker

13 whenever a Member, Delegate, or Resident Commissioner

14 ceases to be a member of that caucus or conference. The

15 Speaker shall notify the chairman of each affected com16 mittee that the election of such Member, Delegate, or

17 Resident Commissioner to the committee is automatically

18 vacated under this subparagraph.

19 (2)(A) Except as specified in subdivision (B), a Mem20 ber, Delegate, or Resident Commissioner may not serve

21 simultaneously as a member of more than two standing

22 committees or more than four subcommittees of the stand23 ing committees.

24 (B)(i) Ex officio service by a chairman or ranking

25 minority member of a committee on each of its subcommit-
71

HRES 5 ATH

1 tees under a committee rule does not count against the

2 limitation on subcommittee service.

3 (ii) Service on an investigative subcommittee of the

4 Committee on Standards of Official Conduct under para5 graph (a)(4) does not count against the limitation on sub6 committee service.

7 (iii) Any other exception to the limitations in subdivi8 sion (A) must be approved by the House on the rec9 ommendation of the relevant party caucus or conference.

10 (C) In this subparagraph the term ′′subcommittee′′

11 includes a panel (other than a special oversight panel of

12 the Committee on Armed Services), task force, special

13 subcommittee, or other subunit of a standing committee

14 that is established for a cumulative period longer than six

15 months in a Congress.

16 (c)(1) One of the members of each standing commit17 tee shall be elected by the House, on the nomination of

18 the majority party caucus or conference, as chairman

19 thereof. In the temporary absence of the chairman, the

20 member next in rank (and so on, as often as the case shall

21 happen) shall act as chairman. Rank shall be determined

22 by the order members are named in resolutions electing

23 them to the committee. In the case of a permanent va24 cancy in the elected chairmanship of a committee, the

25 House shall elect another chairman.
72

HRES 5 ATH

1 (2) A member of a standing committee may not serve

2 as chairman of the same standing committee, or of the

3 same subcommittee of a standing committee, during more

4 than three consecutive Congresses (disregarding for this

5 purpose any service for less than a full session in a Con6 gress).

7 (d)(1) Except as permitted by subparagraph (2), a

8 committee may have not more than five subcommittees.

9 (2) A committee that maintains a subcommittee on

10 oversight may have not more than six subcommittees. The

11 Committee on Appropriations may have not more than 13

12 subcommittees. The Committee on Government Reform

13 may have not more than seven subcommittees.

14 (e) The House shall fill a vacancy on a standing com15 mittee by election on the nomination of the respective

16 party caucus or conference.

17 Expense resolutions

18 6. (a) Whenever a committee, commission, or other

19 entity (other than the Committee on Appropriations) is

20 granted authorization for the payment of its expenses (in21 cluding staff salaries) for a Congress, such authorization

22 initially shall be procured by one primary expense resolu23 tion reported by the Committee on House Administration.

24 A primary expense resolution may include a reserve fund

25 for unanticipated expenses of committees. An amount
73

HRES 5 ATH

1 from such a reserve fund may be allocated to a committee

2 only by the approval of the Committee on House Adminis3 tration. A primary expense resolution reported to the

4 House may not be considered in the House unless a print5 ed report thereon was available on the previous calendar

6 day. For the information of the House, such report shall—

7 (1) state the total amount of the funds to be

8 provided to the committee, commission, or other en9 tity under the primary expense resolution for all an10 ticipated activities and programs of the committee,

11 commission, or other entity; and

12 (2) to the extent practicable, contain such gen13 eral statements regarding the estimated foreseeable

14 expenditures for the respective anticipated activities

15 and programs of the committee, commission, or

16 other entity as may be appropriate to provide the

17 House with basic estimates of the expenditures con18 templated by the primary expense resolution.

19 (b) After the date of adoption by the House of a pri20 mary expense resolution for a committee, commission, or

21 other entity for a Congress, authorization for the payment

22 of additional expenses (including staff salaries) in that

23 Congress may be procured by one or more supplemental

24 expense resolutions reported by the Committee on House

25 Administration, as necessary. A supplemental expense res-
74

HRES 5 ATH

1 olution reported to the House may not be considered in

2 the House unless a printed report thereon was available

3 on the previous calendar day. For the information of the

4 House, such report shall—

5 (1) state the total amount of additional funds

6 to be provided to the committee, commission, or

7 other entity under the supplemental expense resolu8 tion and the purposes for which those additional

9 funds are available; and

10 (2) state the reasons for the failure to procure

11 the additional funds for the committee, commission,

12 or other entity by means of the primary expense res13 olution.

14 (c) The preceding provisions of this clause do not

15 apply to—

16 (1) a resolution providing for the payment from

17 committee salary and expense accounts of the House

18 of sums necessary to pay compensation for staff

19 services performed for, or to pay other expenses of,

20 a committee, commission, or other entity at any time

21 after the beginning of an odd-numbered year and be22 fore the date of adoption by the House of the pri23 mary expense resolution described in paragraph (a)

24 for that year; or
75

HRES 5 ATH

1 (2) a resolution providing each of the standing

2 committees in a Congress additional office equip3 ment, airmail and special-delivery postage stamps,

4 supplies, staff personnel, or any other specific item

5 for the operation of the standing committees, and

6 containing an authorization for the payment from

7 committee salary and expense accounts of the House

8 of the expenses of any of the foregoing items pro9 vided by that resolution, subject to and until enact10 ment of the provisions of the resolution as perma11 nent law.

12 (d) From the funds made available for the appoint13 ment of committee staff by a primary or additional ex14 pense resolution, the chairman of each committee shall en15 sure that sufficient staff is made available to each sub16 committee to carry out its responsibilities under the rules

17 of the committee and that the minority party is treated

18 fairly in the appointment of such staff.

19 (e) Funds authorized for a committee under this

20 clause and clauses 7 and 8 are for expenses incurred in

21 the activities of the committee.

22 Interim funding

23 7. (a) For the period beginning at noon on January

24 3 and ending at midnight on March 31 in each odd-num25 bered year, such sums as may be necessary shall be paid
76

HRES 5 ATH

1 out of the committee salary and expense accounts of the

2 House for continuance of necessary investigations and

3 studies by—

4 (1) each standing and select committee estab5 lished by these rules; and

6 (2) except as specified in paragraph (b), each

7 select committee established by resolution.

8 (b) In the case of the first session of a Congress,

9 amounts shall be made available under this paragraph for

10 a select committee established by resolution in the preced11 ing Congress only if—

12 (1) a resolution proposing to reestablish such

13 select committee is introduced in the present Con14 gress; and

15 (2) the House has not adopted a resolution of

16 the preceding Congress providing for termination of

17 funding for investigations and studies by such select

18 committee.

19 (c) Each committee described in paragraph (a) shall

20 be entitled for each month during the period specified in

21 paragraph (a) to 9 percent (or such lesser percentage as

22 may be determined by the Committee on House Adminis23 tration) of the total annualized amount made available

24 under expense resolutions for such committee in the pre25 ceding session of Congress.
77

HRES 5 ATH

1 (d) Payments under this paragraph shall be made on

2 vouchers authorized by the committee involved, signed by

3 the chairman of the committee, except as provided in para4 graph (e), and approved by the Committee on House Ad5 ministration.

6 (e) Notwithstanding any provision of law, rule of the

7 House, or other authority, from noon on January 3 of the

8 first session of a Congress until the election by the House

9 of the committee concerned in that Congress, payments

10 under this paragraph shall be made on vouchers signed

11 by—

12 (1) the member of the committee who served as

13 chairman of the committee at the expiration of the

14 preceding Congress; or

15 (2) if the chairman is not a Member, Delegate,

16 or Resident Commissioner in the present Congress,

17 then the ranking member of the committee as it was

18 constituted at the expiration of the preceding Con19 gress who is a member of the majority party in the

20 present Congress.

21 (f)(1) The authority of a committee to incur expenses

22 under this paragraph shall expire upon adoption by the

23 House of a primary expense resolution for the committee.
78

HRES 5 ATH

1 (2) Amounts made available under this paragraph

2 shall be expended in accordance with regulations pre3 scribed by the Committee on House Administration.

4 (3) This clause shall be effective only insofar as it

5 is not inconsistent with a resolution reported by the Com6 mittee on House Administration and adopted by the

7 House after the adoption of these rules.

8 Travel

9 8. (a) Local currencies owned by the United States

10 shall be made available to the committee and its employees

11 engaged in carrying out their official duties outside the

12 United States or its territories or possessions. Appro13 priated funds, including those authorized under this clause

14 and clauses 6 and 8, may not be expended for the purpose

15 of defraying expenses of members of a committee or its

16 employees in a country where local currencies are available

17 for this purpose.

18 (b) The following conditions shall apply with respect

19 to travel outside the United States or its territories or pos20 sessions:

21 (1) A member or employee of a committee may

22 not receive or expend local currencies for subsistence

23 in a country for a day at a rate in excess of the

24 maximum per diem set forth in applicable Federal

25 law.
79

HRES 5 ATH

1 (2) A member or employee shall be reimbursed

2 for his expenses for a day at the lesser of—

3 (A) the per diem set forth in applicable

4 Federal law; or

5 (B) the actual, unreimbursed expenses

6 (other than for transportation) he incurred dur7 ing that day.

8 (3) Each member or employee of a committee

9 shall make to the chairman of the committee an

10 itemized report showing the dates each country was

11 visited, the amount of per diem furnished, the cost

12 of transportation furnished, and funds expended for

13 any other official purpose and shall summarize in

14 these categories the total foreign currencies or ap15 propriated funds expended. Each report shall be

16 filed with the chairman of the committee not later

17 than 60 days following the completion of travel for

18 use in complying with reporting requirements in ap19 plicable Federal law and shall be open for public in20 spection.

21 (c)(1) In carrying out the activities of a committee

22 outside the United States in a country where local cur23 rencies are unavailable, a member or employee of a com24 mittee may not receive reimbursement for expenses (other
80

HRES 5 ATH

1 than for transportation) in excess of the maximum per

2 diem set forth in applicable Federal law.

3 (2) A member or employee shall be reimbursed for

4 his expenses for a day, at the lesser of—

5 (A) the per diem set forth in applicable Federal

6 law; or

7 (B) the actual unreimbursed expenses (other

8 than for transportation) he incurred during that

9 day.

10 (3) A member or employee of a committee may not

11 receive reimbursement for the cost of any transportation

12 in connection with travel outside the United States unless

13 the member or employee actually paid for the transpor14 tation.

15 (d) The restrictions respecting travel outside the

16 United States set forth in paragraph (c) also shall apply

17 to travel outside the United States by a Member, Delegate,

18 Resident Commissioner, officer, or employee of the House

19 authorized under any standing rule.

20 Committee staffs

21 9. (a)(1) Subject to subparagraph (2) and paragraph

22 (f), each standing committee may appoint, by majority

23 vote, not more than 30 professional staff members to be

24 compensated from the funds provided for the appointment

25 of committee staff by primary and additional expense reso-
81

HRES 5 ATH

1 lutions. Each professional staff member appointed under

2 this subparagraph shall be assigned to the chairman and

3 the ranking minority member of the committee, as the

4 committee considers advisable.

5 (2) Subject to paragraph (f) whenever a majority of

6 the minority party members of a standing committee

7 (other than the Committee on Standards of Official Con8 duct or the Permanent Select Committee on Intelligence)

9 so request, not more than 10 persons (or one-third of the

10 total professional committee staff appointed under this

11 clause, whichever is fewer) may be selected, by majority

12 vote of the minority party members, for appointment by

13 the committee as professional staff members under sub14 paragraph (1). The committee shall appoint persons so se15 lected whose character and qualifications are acceptable

16 to a majority of the committee. If the committee deter17 mines that the character and qualifications of a person

18 so selected are unacceptable, a majority of the minority

19 party members may select another person for appointment

20 by the committee to the professional staff until such ap21 pointment is made. Each professional staff member ap22 pointed under this subparagraph shall be assigned to such

23 committee business as the minority party members of the

24 committee consider advisable.
82

HRES 5 ATH

1 (b)(1) The professional staff members of each stand2 ing committee—

3 (A) may not engage in any work other than

4 committee business during congressional working

5 hours; and

6 (B) may not be assigned a duty other than one

7 pertaining to committee business.

8 (2) Subparagraph (1) does not apply to staff des9 ignated by a committee as ‘‘associate’’ or ‘‘shared’’ staff

10 who are not paid exclusively by the committee, provided

11 that the chairman certifies that the compensation paid by

12 the committee for any such staff is commensurate with

13 the work performed for the committee in accordance with

14 clause 8 of rule XXIV.

15 (3) The use of any ‘‘associate’’ or ‘‘shared’’ staff by

16 a committee shall be subject to the review of, and to any

17 terms, conditions, or limitations established by, the Com18 mittee on House Administration in connection with the re19 porting of any primary or additional expense resolution.

20 (4) This paragraph does not apply to the Committee

21 on Appropriations.

22 (c) Each employee on the professional or investigative

23 staff of a standing committee shall be entitled to pay at

24 a single gross per annum rate, to be fixed by the chairman
83

HRES 5 ATH

1 and that does not exceed the maximum rate of pay as in

2 effect from time to time under applicable provisions of law.

3 (d) Subject to appropriations hereby authorized, the

4 Committee on Appropriations may appoint by majority

5 vote such staff as it determines to be necessary (in addi6 tion to the clerk of the committee and assistants for the

7 minority). The staff appointed under this paragraph, other

8 than minority assistants, shall possess such qualifications

9 as the committee may prescribe.

10 (e) A committee may not appoint to its staff an ex11 pert or other personnel detailed or assigned from a depart12 ment or agency of the Government except with the written

13 permission of the Committee on House Administration.

14 (f) If a request for the appointment of a minority pro15 fessional staff member under paragraph (a) is made when

16 no vacancy exists for such an appointment, the committee

17 nevertheless may appoint under paragraph (a) a person

18 selected by the minority and acceptable to the committee.

19 A person so appointed shall serve as an additional member

20 of the professional staff of the committee until such a va21 cancy occurs (other than a vacancy in the position of head

22 of the professional staff, by whatever title designated), at

23 which time that person is considered as appointed to that

24 vacancy. Such a person shall be paid from the applicable

25 accounts of the House described in clause 1(i)(1) of rule
84

HRES 5 ATH

1 X. If such a vacancy occurs on the professional staff when

2 seven or more persons have been so appointed who are

3 eligible to fill that vacancy, a majority of the minority

4 party members shall designate which of those persons

5 shall fill the vacancy.

6 (g) Each staff member appointed pursuant to a re7 quest by minority party members under paragraph (a),

8 and each staff member appointed to assist minority mem9 bers of a committee pursuant to an expense resolution de10 scribed in paragraph (a) of clause 6, shall be accorded eq11 uitable treatment with respect to the fixing of the rate

12 of pay, the assignment of work facilities, and the acces13 sibility of committee records.

14 (h) Paragraph (a) may not be construed to authorize

15 the appointment of additional professional staff members

16 of a committee pursuant to a request under paragraph (a)

17 by the minority party members of that committee if 10

18 or more professional staff members provided for in para19 graph (a)(1) who are satisfactory to a majority of the mi20 nority party members are otherwise assigned to assist the

21 minority party members.

22 (i) Notwithstanding paragraph (a)(2), a committee

23 may employ nonpartisan staff, in lieu of or in addition

24 to committee staff designated exclusively for the majority

25 or minority party, by an affirmative vote of a majority
85

HRES 5 ATH

1 of the members of the majority party and of a majority

2 of the members of the minority party.

3 Select and joint committees

4 10. (a) Membership on a select or joint committee

5 appointed by the Speaker under clause 11 of rule I during

6 the course of a Congress shall be contingent on continuing

7 membership in the party caucus or conference of which

8 the Member, Delegate, or Resident Commissioner con9 cerned was a member at the time of appointment. Should

10 a Member, Delegate, or Resident Commissioner cease to

11 be a member of that caucus or conference, that Member,

12 Delegate, or Resident Commissioner shall automatically

13 cease to be a member of any select or joint committee to

14 which he is assigned. The chairman of the relevant party

15 caucus or conference shall notify the Speaker whenever a

16 Member, Delegate, or Resident Commissioner ceases to be

17 a member of a party caucus or conference. The Speaker

18 shall notify the chairman of each affected select or joint

19 committee that the appointment of such Member, Dele20 gate, or Resident Commissioner to the select or joint com21 mittee is automatically vacated under this paragraph.

22 (b) Each select or joint committee, other than a con23 ference committee, shall comply with clause 2(a) of rule

24 XI unless specifically exempted by law.
86

HRES 5 ATH

1 Permanent Select Committee on Intelligence

2 11. (a)(1) There is established a Permanent Select

3 Committee on Intelligence (hereafter in this clause re4 ferred to as the ‘‘select committee’’). The select committee

5 shall be composed of not more than 16 Members, Dele6 gates, or the Resident Commissioner, of whom not more

7 than nine may be from the same party. The select commit8 tee shall include at least one Member, Delegate, or the

9 Resident Commissioner from each of the following com10 mittees:

11 (A) the Committee on Appropriations;

12 (B) the Committee on Armed Services;

13 (C) the Committee on International Relations;

14 and

15 (D) the Committee on the Judiciary.

16 (2) The Speaker and the Minority Leader shall be

17 ex officio members of the select committee but shall have

18 no vote in the select committee and may not be counted

19 for purposes of determining a quorum thereof.

20 (3) The Speaker and Minority Leader each may des21 ignate a member of his leadership staff to assist him in

22 his capacity as ex officio member, with the same access

23 to committee meetings, hearings, briefings, and materials

24 as employees of the select committee and subject to the

25 same security clearance and confidentiality requirements

26 as employees of the select committee under this clause.
87

HRES 5 ATH

1 (4)(A) Except as permitted by subdivision (B), a

2 Member, Delegate, or Resident Commissioner, other than

3 the Speaker or the Minority Leader, may not serve as a

4 member of the select committee during more than four

5 Congresses in a period of six successive Congresses (dis6 regarding for this purpose any service for less than a full

7 session in a Congress).

8 (B) A member of the select committee who served as

9 either the chairman or the ranking minority member of

10 the select committee in the immediately previous Congress

11 and who did not serve in that respective capacity in an

12 earlier Congress may serve as either the chairman or the

13 ranking minority member of the select committee during

14 one additional Congress.

15 (b)(1) There shall be referred to the select committee

16 proposed legislation, messages, petitions, memorials, and

17 other matters relating to the following:

18 (A) The Central Intelligence Agency, the Direc19 tor of Central Intelligence, and the National Foreign

20 Intelligence Program as defined in section 3(6) of

21 the National Security Act of 1947.

22 (B) Intelligence and intelligence-related activi23 ties of all other departments and agencies of the

24 Government, including the tactical intelligence and
88

HRES 5 ATH

1 intelligence-related activities of the Department of

2 Defense.

3 (C) The organization or reorganization of a de4 partment or agency of the Government to the extent

5 that the organization or reorganization relates to a

6 function or activity involving intelligence or intel7 ligence-related activities.

8 (D) Authorizations for appropriations, both di9 rect and indirect, for the following:

10 (i) The Central Intelligence Agency, the

11 Director of Central Intelligence, and the Na12 tional Foreign Intelligence Program as defined

13 in section 3(6) of the National Security Act of

14 1947.

15 (ii) Intelligence and intelligence-related ac16 tivities of all other departments and agencies of

17 the Government, including the tactical intel18 ligence and intelligence-related activities of the

19 Department of Defense.

20 (iii) A department, agency, subdivision, or

21 program that is a successor to an agency or

22 program named or referred to in (i) or (ii).

23 (2) Proposed legislation initially reported by the se24 lect committee (other than provisions solely involving mat25 ters specified in subparagraph (1)(A) or subparagraph
89

HRES 5 ATH

1 (1)(D)(i)) containing any matter otherwise within the ju2 risdiction of a standing committee shall be referred by the

3 Speaker to that standing committee. Proposed legislation

4 initially reported by another committee that contains mat5 ter within the jurisdiction of the select committee shall be

6 referred by the Speaker to the select committee if re7 quested by the chairman of the select committee.

8 (3) Nothing in this clause shall be construed as pro9 hibiting or otherwise restricting the authority of any other

10 committee to study and review an intelligence or intel11 ligence-related activity to the extent that such activity di12 rectly affects a matter otherwise within the jurisdiction of

13 that committee.

14 (4) Nothing in this clause shall be construed as

15 amending, limiting, or otherwise changing the authority

16 of a standing committee to obtain full and prompt access

17 to the product of the intelligence and intelligence-related

18 activities of a department or agency of the Government

19 relevant to a matter otherwise within the jurisdiction of

20 that committee.

21 (c)(1) For purposes of accountability to the House,

22 the select committee shall make regular and periodic re23 ports to the House on the nature and extent of the intel24 ligence and intelligence-related activities of the various de25 partments and agencies of the United States. The select
90

HRES 5 ATH

1 committee shall promptly call to the attention of the

2 House, or to any other appropriate committee, a matter

3 requiring the attention of the House or another commit4 tee. In making such report, the select committee shall pro5 ceed in a manner consistent with paragraph (g) to protect

6 national security.

7 (2) The select committee shall obtain annual reports

8 from the Director of the Central Intelligence Agency, the

9 Secretary of Defense, the Secretary of State, and the Di10 rector of the Federal Bureau of Investigation. Such re11 ports shall review the intelligence and intelligence-related

12 activities of the agency or department concerned and the

13 intelligence and intelligence-related activities of foreign

14 countries directed at the United States or its interests.

15 An unclassified version of each report may be made avail16 able to the public at the discretion of the select committee.

17 Nothing herein shall be construed as requiring the public

18 disclosure in such reports of the names of persons engaged

19 in intelligence or intelligence-related activities for the

20 United States or the divulging of intelligence methods em21 ployed or the sources of information on which the reports

22 are based or the amount of funds authorized to be appro23 priated for intelligence and intelligence-related activities.

24 (3) Within six weeks after the President submits a

25 budget under section 1105(a) of title 31, United States
91

HRES 5 ATH

1 Code, or at such time as the Committee on the Budget

2 may request, the select committee shall submit to the

3 Committee on the Budget the views and estimates de4 scribed in section 301(d) of the Congressional Budget Act

5 of 1974 regarding matters within the jurisdiction of the

6 select committee.

7 (d)(1) Except as specified in subparagraph (2),

8 clauses 6(a), (b), and (c) and 8(a), (b), and (c) of this

9 rule, and clauses 1, 2, and 4 of rule XI shall apply to

10 the select committee to the extent not inconsistent with

11 this clause.

12 (2) Notwithstanding the requirements of the first

13 sentence of clause 2(g)(2) of rule XI, in the presence of

14 the number of members required under the rules of the

15 select committee for the purpose of taking testimony or

16 receiving evidence, the select committee may vote to close

17 a hearing whenever a majority of those present determines

18 that the testimony or evidence would endanger the na19 tional security.

20 (e) An employee of the select committee, or a person

21 engaged by contract or otherwise to perform services for

22 or at the request of the select committee, may not be given

23 access to any classified information by the select commit24 tee unless such employee or person has—
92

HRES 5 ATH

1 (1) agreed in writing and under oath to be

2 bound by the Rules of the House, including the ju3 risdiction of the Committee on Standards of Official

4 Conduct and of the select committee concerning the

5 security of classified information during and after

6 the period of his employment or contractual agree7 ment with the select committee; and

8 (2) received an appropriate security clearance,

9 as determined by the select committee in consulta10 tion with the Director of Central Intelligence, that is

11 commensurate with the sensitivity of the classified

12 information to which such employee or person will be

13 given access by the select committee.

14 (f) The select committee shall formulate and carry

15 out such rules and procedures as it considers necessary

16 to prevent the disclosure, without the consent of each per17 son concerned, of information in the possession of the se18 lect committee that unduly infringes on the privacy or that

19 violates the constitutional rights of such person. Nothing

20 herein shall be construed to prevent the select committee

21 from publicly disclosing classified information in a case in

22 which it determines that national interest in the disclosure

23 of classified information clearly outweighs any infringe24 ment on the privacy of a person.
93

HRES 5 ATH

1 (g)(1) The select committee may disclose publicly any

2 information in its possession after a determination by the

3 select committee that the public interest would be served

4 by such disclosure. With respect to the disclosure of infor5 mation for which this paragraph requires action by the

6 select committee—

7 (A) the select committee shall meet to vote on

8 the matter within five days after a member of the

9 select committee requests a vote; and

10 (B) a member of the select committee may not

11 make such a disclosure before a vote by the select

12 committee on the matter, or after a vote by the se13 lect committee on the matter except in accordance

14 with this paragraph.

15 (2)(A) In a case in which the select committee votes

16 to disclose publicly any information that has been classi17 fied under established security procedures, that has been

18 submitted to it by the executive branch, and that the exec19 utive branch requests be kept secret, the select committee

20 shall notify the President of such vote.

21 (B) The select committee may disclose publicly such

22 information after the expiration of a five-day period fol23 lowing the day on which notice of the vote to disclose is

24 transmitted to the President unless, before the expiration

25 of the five-day period, the President, personally in writing,
94

HRES 5 ATH

1 notifies the select committee that he objects to the disclo2 sure of such information, provides his reasons therefor,

3 and certifies that the threat to the national interest of the

4 United States posed by the disclosure is of such gravity

5 that it outweighs any public interest in the disclosure.

6 (C) If the President, personally in writing, notifies

7 the select committee of his objections to the disclosure of

8 information as provided in subdivision (B), the select com9 mittee may, by majority vote, refer the question of the

10 disclosure of such information, with a recommendation

11 thereon, to the House. The select committee may not pub12 licly disclose such information without leave of the House.

13 (D) Whenever the select committee votes to refer the

14 question of disclosure of any information to the House

15 under subdivision (C), the chairman shall, not later than

16 the first day on which the House is in session following

17 the day on which the vote occurs, report the matter to

18 the House for its consideration.

19 (E) If the chairman of the select committee does not

20 offer in the House a motion to consider in closed session

21 a matter reported under subdivision (D) within four cal22 endar days on which the House is in session after the rec23 ommendation described in subdivision (C) is reported,

24 then such a motion shall be privileged when offered by

25 a Member, Delegate, or Resident Commissioner. In either
95

HRES 5 ATH

1 case such a motion shall be decided without debate or in2 tervening motion except one that the House adjourn.

3 (F) Upon adoption by the House of a motion to re4 solve into closed session as described in subdivision (E),

5 the Speaker may declare a recess subject to the call of

6 the Chair. At the expiration of the recess, the pending

7 question, in closed session, shall be, ‘‘Shall the House ap8 prove the recommendation of the select committee?’’.

9 (G) Debate on the question described in subdivision

10 (F) shall be limited to two hours equally divided and con11 trolled by the chairman and ranking minority member of

12 the select committee. After such debate the previous ques13 tion shall be considered as ordered on the question of ap14 proving the recommendation without intervening motion

15 except one motion that the House adjourn. The House

16 shall vote on the question in open session but without di17 vulging the information with respect to which the vote is

18 taken. If the recommendation of the select committee is

19 not approved, then the question is considered as recommit20 ted to the select committee for further recommendation.

21 (3)(A) Information in the possession of the select

22 committee relating to the lawful intelligence or intel23 ligence-related activities of a department or agency of the

24 United States that has been classified under established

25 security procedures, and that the select committee has de-
96

HRES 5 ATH

1 termined should not be disclosed under subparagraph (1)

2 or (2), may not be made available to any person by a

3 Member, Delegate, Resident Commissioner, officer, or em4 ployee of the House except as provided in subdivision (B).

5 (B) The select committee shall, under such regula6 tions as it may prescribe, make information described in

7 subdivision (A) available to a committee or a Member,

8 Delegate, or Resident Commissioner, and permit a Mem9 ber, Delegate, or Resident Commissioner to attend a hear10 ing of the select committee that is closed to the public.

11 Whenever the select committee makes such information

12 available, it shall keep a written record showing, in the

13 case of particular information, which committee or which

14 Member, Delegate, or Resident Commissioner received the

15 information. A Member, Delegate, or Resident Commis16 sioner who, and a committee that, receives information

17 under this subdivision may not disclose the information

18 except in a closed session of the House.

19 (4) The Committee on Standards of Official Conduct

20 shall investigate any unauthorized disclosure of intel21 ligence or intelligence-related information by a Member,

22 Delegate, Resident Commissioner, officer, or employee of

23 the House in violation of subparagraph (3) and report to

24 the House concerning any allegation that it finds to be

25 substantiated.
97

HRES 5 ATH

1 (5) Upon the request of a person who is subject to

2 an investigation described in subparagraph (4), the Com3 mittee on Standards of Official Conduct shall release to

4 such person at the conclusion of its investigation a sum5 mary of its investigation, together with its findings. If, at

6 the conclusion of its investigation, the Committee on

7 Standards of Official Conduct determines that there has

8 been a significant breach of confidentiality or unauthor9 ized disclosure by a Member, Delegate, Resident Commis10 sioner, officer, or employee of the House, it shall report

11 its findings to the House and recommend appropriate ac12 tion. Recommendations may include censure, removal

13 from committee membership, or expulsion from the House,

14 in the case of a Member, or removal from office or employ15 ment or punishment for contempt, in the case of an officer

16 or employee.

17 (h) The select committee may permit a personal rep18 resentative of the President, designated by the President

19 to serve as a liaison to the select committee, to attend

20 any closed meeting of the select committee.

21 (i) Subject to the Rules of the House, funds may not

22 be appropriated for a fiscal year, with the exception of

23 a bill or joint resolution continuing appropriations, or an

24 amendment thereto, or a conference report thereon, to, or

25 for use of, a department or agency of the United States
98

HRES 5 ATH

1 to carry out any of the following activities, unless the

2 funds shall previously have been authorized by a bill or

3 joint resolution passed by the House during the same or

4 preceding fiscal year to carry out such activity for such

5 fiscal year:

6 (1) The activities of the Central Intelligence

7 Agency and the Director of Central Intelligence.

8 (2) The activities of the Defense Intelligence

9 Agency.

10 (3) The activities of the National Security

11 Agency.

12 (4) The intelligence and intelligence-related ac13 tivities of other agencies and subdivisions of the De14 partment of Defense.

15 (5) The intelligence and intelligence-related ac16 tivities of the Department of State.

17 (6) The intelligence and intelligence-related ac18 tivities of the Federal Bureau of Investigation, in19 cluding all activities of the Intelligence Division.

20 (j)(1) In this clause the term ‘‘intelligence and intel21 ligence-related activities’’ includes—

22 (A) the collection, analysis, production, dissemi23 nation, or use of information that relates to a for24 eign country, or a government, political group,

25 party, military force, movement, or other association
99

HRES 5 ATH

1 in a foreign country, and that relates to the defense,

2 foreign policy, national security, or related policies of

3 the United States and other activity in support of

4 the collection, analysis, production, dissemination, or

5 use of such information;

6 (B) activities taken to counter similar activities

7 directed against the United States;

8 (C) covert or clandestine activities affecting the

9 relations of the United States with a foreign govern10 ment, political group, party, military force, move11 ment, or other association;

12 (D) the collection, analysis, production, dissemi13 nation, or use of information about activities of per14 sons within the United States, its territories and

15 possessions, or nationals of the United States abroad

16 whose political and related activities pose, or may be

17 considered by a department, agency, bureau, office,

18 division, instrumentality, or employee of the United

19 States to pose, a threat to the internal security of

20 the United States; and

21 (E) covert or clandestine activities directed

22 against persons described in subdivision (D).

23 (2) In this clause the term ‘‘department or agency’’

24 includes any organization, committee, council, establish25 ment, or office within the Federal Government.
100

HRES 5 ATH

1 (3) For purposes of this clause, reference to a depart2 ment, agency, bureau, or subdivision shall include a ref3 erence to any successor department, agency, bureau, or

4 subdivision to the extent that a successor engages in intel5 ligence or intelligence-related activities now conducted by

6 the department, agency, bureau, or subdivision referred to

7 in this clause.

8 (k) Clause 12(a) of rule XXII does not apply to meet9 ings of a conference committee respecting legislation (or

10 any part thereof) reported by the Permanent Select Com11 mittee on Intelligence.

12 RULE XI.

13 PROCEDURES OF COMMITTEES AND UNFINISHED

14 BUSINESS.

15 In general

16 1. (a)(1)(A) Except as provided in subdivision (B),

17 the Rules of the House are the rules of its committees

18 and subcommittees so far as applicable.

19 (B) A motion to recess from day to day, and a motion

20 to dispense with the first reading (in full) of a bill or reso21 lution, if printed copies are available, each shall be privi22 leged in committees and subcommittees and shall be de23 cided without debate.
101

HRES 5 ATH

1 (2) Each subcommittee is a part of its committee and

2 is subject to the authority and direction of that committee

3 and to its rules, so far as applicable.

4 (b)(1) Each committee may conduct at any time such

5 investigations and studies as it considers necessary or ap6 propriate in the exercise of its responsibilities under rule

7 X. Subject to the adoption of expense resolutions as re8 quired by clause 6 of rule X, each committee may incur

9 expenses, including travel expenses, in connection with

10 such investigations and studies.

11 (2) A proposed investigative or oversight report shall

12 be considered as read in committee if it has been available

13 to the members for at least 24 hours (excluding Satur14 days, Sundays, or legal holidays except when the House

15 is in session on such a day).

16 (3) A report of an investigation or study conducted

17 jointly by more than one committee may be filed jointly,

18 provided that each of the committees complies independ19 ently with all requirements for approval and filing of the

20 report.

21 (4) After an adjournment sine die of the last regular

22 session of a Congress, an investigative or oversight report

23 may be filed with the Clerk at any time, provided that

24 a member who gives timely notice of intention to file sup25 plemental, minority, or additional views shall be entitled
102

HRES 5 ATH

1 to not less than seven calendar days in which to submit

2 such views for inclusion in the report.

3 (c) Each committee may have printed and bound such

4 testimony and other data as may be presented at hearings

5 held by the committee or its subcommittees. All costs of

6 stenographic services and transcripts in connection with

7 a meeting or hearing of a committee shall be paid from

8 the applicable accounts of the House described in clause

9 1(i)(1) of rule X.

10 (d)(1) Each committee shall submit to the House not

11 later than January 2 of each odd-numbered year a report

12 on the activities of that committee under this rule and rule

13 X during the Congress ending at noon on January 3 of

14 such year.

15 (2) Such report shall include separate sections sum16 marizing the legislative and oversight activities of that

17 committee during that Congress.

18 (3) The oversight section of such report shall include

19 a summary of the oversight plans submitted by the com20 mittee under clause 2(d) of rule X, a summary of the ac21 tions taken and recommendations made with respect to

22 each such plan, a summary of any additional oversight ac23 tivities undertaken by that committee, and any rec24 ommendations made or actions taken thereon.
103

HRES 5 ATH

1 (4) After an adjournment sine die of the last regular

2 session of a Congress, the chairman of a committee may

3 file an activities report under subparagraph (1) with the

4 Clerk at any time and without approval of the committee,

5 provided that—

6 (A) a copy of the report has been available to

7 each member of the committee for at least seven cal8 endar days; and

9 (B) the report includes any supplemental, mi10 nority, or additional views submitted by a member of

11 the committee.

12 Adoption of written rules

13 2. (a)(1) Each standing committee shall adopt writ14 ten rules governing its procedure. Such rules—

15 (A) shall be adopted in a meeting that is open

16 to the public unless the committee, in open session

17 and with a quorum present, determines by record

18 vote that all or part of the meeting on that day shall

19 be closed to the public;

20 (B) may not be inconsistent with the Rules of

21 the House or with those provisions of law having the

22 force and effect of Rules of the House; and

23 (C) shall in any event incorporate all of the suc24 ceeding provisions of this clause to the extent appli25 cable.
104

HRES 5 ATH

1 (2) Each committee shall submit its rules for publica2 tion in the Congressional Record not later than 30 days

3 after the committee is elected in each odd-numbered year.

4 Regular meeting days

5 (b) Each standing committee shall establish regular

6 meeting days for the conduct of its business, which shall

7 be not less frequent than monthly. Each such committee

8 shall meet for the consideration of a bill or resolution

9 pending before the committee or the transaction of other

10 committee business on all regular meeting days fixed by

11 the committee unless otherwise provided by written rule

12 adopted by the committee.

13 Additional and special meetings

14 (c)(1) The chairman of each standing committee may

15 call and convene, as he considers necessary, additional and

16 special meetings of the committee for the consideration of

17 a bill or resolution pending before the committee or for

18 the conduct of other committee business, subject to such

19 rules as the committee may adopt. The committee shall

20 meet for such purpose under that call of the chairman.

21 (2) Three or more members of a standing committee

22 may file in the offices of the committee a written request

23 that the chairman call a special meeting of the committee.

24 Such request shall specify the measure or matter to be

25 considered. Immediately upon the filing of the request, the
105

HRES 5 ATH

1 clerk of the committee shall notify the chairman of the

2 filing of the request. If the chairman does not call the re3 quested special meeting within three calendar days after

4 the filing of the request (to be held within seven calendar

5 days after the filing of the request) a majority of the mem6 bers of the committee may file in the offices of the commit7 tee their written notice that a special meeting of the com8 mittee will be held. The written notice shall specify the

9 date and hour of the special meeting and the measure or

10 matter to be considered. The committee shall meet on that

11 date and hour. Immediately upon the filing of the notice,

12 the clerk of the committee shall notify all members of the

13 committee that such special meeting will be held and in14 form them of its date and hour and the measure or matter

15 to be considered. Only the measure or matter specified in

16 that notice may be considered at that special meeting.

17 Temporary absence of chairman

18 (d) A member of the majority party on each standing

19 committee or subcommittee thereof shall be designated by

20 the chairman of the full committee as the vice chairman

21 of the committee or subcommittee, as the case may be,

22 and shall preside during the absence of the chairman from

23 any meeting. If the chairman and vice chairman of a com24 mittee or subcommittee are not present at any meeting
106

HRES 5 ATH

1 of the committee or subcommittee, the ranking majority

2 member who is present shall preside at that meeting.

3 Committee records

4 (e)(1)(A) Each committee shall keep a complete

5 record of all committee action which shall include—

6 (i) in the case of a meeting or hearing tran7 script, a substantially verbatim account of remarks

8 actually made during the proceedings, subject only

9 to technical, grammatical, and typographical correc10 tions authorized by the person making the remarks

11 involved; and

12 (ii) a record of the votes on any question on

13 which a record vote is demanded.

14 (B)(i) Except as provided in subdivision (B)(ii) and

15 subject to paragraph (k)(7), the result of each such record

16 vote shall be made available by the committee for inspec17 tion by the public at reasonable times in its offices. Infor18 mation so available for public inspection shall include a

19 description of the amendment, motion, order, or other

20 proposition, the name of each member voting for and each

21 member voting against such amendment, motion, order,

22 or proposition, and the names of those members of the

23 committee present but not voting.

24 (ii) The result of any record vote taken in executive

25 session in the Committee on Standards of Official Conduct
107

HRES 5 ATH

1 may not be made available for inspection by the public

2 without an affirmative vote of a majority of the members

3 of the committee.

4 (2)(A) Except as provided in subdivision (B), all com5 mittee hearings, records, data, charts, and files shall be

6 kept separate and distinct from the congressional office

7 records of the member serving as its chairman. Such

8 records shall be the property of the House, and each Mem9 ber, Delegate, and the Resident Commissioner shall have

10 access thereto.

11 (B) A Member, Delegate, or Resident Commissioner,

12 other than members of the Committee on Standards of

13 Official Conduct, may not have access to the records of

14 that committee respecting the conduct of a Member, Dele15 gate, Resident Commissioner, officer, or employee of the

16 House without the specific prior permission of that com17 mittee.

18 (3) Each committee shall include in its rules stand19 ards for availability of records of the committee delivered

20 to the Archivist of the United States under rule VII. Such

21 standards shall specify procedures for orders of the com22 mittee under clause 3(b)(3) and clause 4(b) of rule VII,

23 including a requirement that nonavailability of a record

24 for a period longer than the period otherwise applicable
108

HRES 5 ATH

1 under that rule shall be approved by vote of the commit2 tee.

3 (4) Each committee shall make its publications avail4 able in electronic form to the maximum extent feasible.

5 Prohibition against proxy voting

6 (f) A vote by a member of a committee or subcommit7 tee with respect to any measure or matter may not be cast

8 by proxy.

9 Open meetings and hearings

10 (g)(1) Each meeting for the transaction of business,

11 including the markup of legislation, by a standing commit12 tee or subcommittee thereof (other than the Committee

13 on Standards of Official Conduct or its subcommittee)

14 shall be open to the public, including to radio, television,

15 and still photography coverage, except when the committee

16 or subcommittee, in open session and with a majority

17 present, determines by record vote that all or part of the

18 remainder of the meeting on that day shall be in executive

19 session because disclosure of matters to be considered

20 would endanger national security, would compromise sen21 sitive law enforcement information, would tend to defame,

22 degrade, or incriminate any person, or otherwise would

23 violate a law or rule of the House. Persons, other than

24 members of the committee and such noncommittee Mem25 bers, Delegates, Resident Commissioner, congressional
109

HRES 5 ATH

1 staff, or departmental representatives as the committee

2 may authorize, may not be present at a business or mark3 up session that is held in executive session. This subpara4 graph does not apply to open committee hearings, which

5 are governed by clause 4(a)(1) of rule X or by subpara6 graph (2).

7 (2)(A) Each hearing conducted by a committee or

8 subcommittee (other than the Committee on Standards of

9 Official Conduct or its subcommittees) shall be open to

10 the public, including to radio, television, and still photog11 raphy coverage, except when the committee or subcommit12 tee, in open session and with a majority present, deter13 mines by record vote that all or part of the remainder of

14 that hearing on that day shall be closed to the public be15 cause disclosure of testimony, evidence, or other matters

16 to be considered would endanger national security, would

17 compromise sensitive law enforcement information, or

18 would violate a law or rule of the House.

19 (B) Notwithstanding the requirements of subdivision

20 (A), in the presence of the number of members required

21 under the rules of the committee for the purpose of taking

22 testimony, a majority of those present may—

23 (i) agree to close the hearing for the sole pur24 pose of discussing whether testimony or evidence to

25 be received would endanger national security, would
110

HRES 5 ATH

1 compromise sensitive law enforcement information,

2 or would violate clause 2(k)(5); or

3 (ii) agree to close the hearing as provided in

4 clause 2(k)(5).

5 (C) A Member, Delegate, or Resident Commissioner

6 may not be excluded from nonparticipatory attendance at

7 a hearing of a committee or subcommittee (other than the

8 Committee on Standards of Official Conduct or its sub9 committees) unless the House by majority vote authorizes

10 a particular committee or subcommittee, for purposes of

11 a particular series of hearings on a particular article of

12 legislation or on a particular subject of investigation, to

13 close its hearings to Members, Delegates, and the Resident

14 Commissioner by the same procedures specified in this

15 subparagraph for closing hearings to the public.

16 (D) The committee or subcommittee may vote by the

17 same procedure described in this subparagraph to close

18 one subsequent day of hearing, except that the Committee

19 on Appropriations, the Committee on Armed Services, and

20 the Permanent Select Committee on Intelligence, and the

21 subcommittees thereof, may vote by the same procedure

22 to close up to five additional, consecutive days of hearings.

23 (3) The chairman of each committee (other than the

24 Committee on Rules) shall make public announcement of

25 the date, place, and subject matter of a committee hearing
111

HRES 5 ATH

1 at least one week before the commencement of the hear2 ing. If the chairman of the committee, with the concur3 rence of the ranking minority member, determines that

4 there is good cause to begin a hearing sooner, or if the

5 committee so determines by majority vote in the presence

6 of the number of members required under the rules of the

7 committee for the transaction of business, the chairman

8 shall make the announcement at the earliest possible date.

9 An announcement made under this subparagraph shall be

10 published promptly in the Daily Digest and made available

11 in electronic form.

12 (4) Each committee shall, to the greatest extent prac13 ticable, require witnesses who appear before it to submit

14 in advance written statements of proposed testimony and

15 to limit their initial presentations to the committee to brief

16 summaries thereof. In the case of a witness appearing in

17 a nongovernmental capacity, a written statement of pro18 posed testimony shall include a curriculum vitae and a dis19 closure of the amount and source (by agency and pro20 gram) of each Federal grant (or subgrant thereof) or con21 tract (or subcontract thereof) received during the current

22 fiscal year or either of the two previous fiscal years by

23 the witness or by an entity represented by the witness.

24 (5)(A) Except as provided in subdivision (B), a point

25 of order does not lie with respect to a measure reported
112

HRES 5 ATH

1 by a committee on the ground that hearings on such meas2 ure were not conducted in accordance with this clause.

3 (B) A point of order on the ground described in sub4 division (A) may be made by a member of the committee

5 that reported the measure if such point of order was time6 ly made and improperly disposed of in the committee.

7 (6) This paragraph does not apply to hearings of the

8 Committee on Appropriations under clause 4(a)(1) of

9 rule X.

10 Quorum requirements

11 (h)(1) A measure or recommendation may not be re12 ported by a committee unless a majority of the committee

13 is actually present.

14 (2) Each committee may fix the number of its mem15 bers to constitute a quorum for taking testimony and re16 ceiving evidence, which may not be less than two.

17 (3) Each committee (other than the Committee on

18 Appropriations, the Committee on the Budget, and the

19 Committee on Ways and Means) may fix the number of

20 its members to constitute a quorum for taking any action

21 other than the reporting of a measure or recommendation,

22 which may not be less than one-third of the members.
113

HRES 5 ATH

1 Limitation on committee sittings

2 (i) A committee may not sit during a joint session

3 of the House and Senate or during a recess when a joint

4 meeting of the House and Senate is in progress.

5 Calling and questioning of witnesses

6 (j)(1) Whenever a hearing is conducted by a commit7 tee on a measure or matter, the minority members of the

8 committee shall be entitled, upon request to the chairman

9 by a majority of them before the completion of the hear10 ing, to call witnesses selected by the minority to testify

11 with respect to that measure or matter during at least

12 one day of hearing thereon.

13 (2)(A) Subject to subdivisions (B) and (C), each com14 mittee shall apply the five-minute rule during the ques15 tioning of witnesses in a hearing until such time as each

16 member of the committee who so desires has had an op17 portunity to question each witness.

18 (B) A committee may adopt a rule or motion permit19 ting a specified number of its members to question a wit20 ness for longer than five minutes. The time for extended

21 questioning of a witness under this subdivision shall be

22 equal for the majority party and the minority party and

23 may not exceed one hour in the aggregate.

24 (C) A committee may adopt a rule or motion permit25 ting committee staff for its majority and minority party

26 members to question a witness for equal specified periods.
114

HRES 5 ATH

1 The time for extended questioning of a witness under this

2 subdivision shall be equal for the majority party and the

3 minority party and may not exceed one hour in the aggre4 gate.

5 Investigative hearing procedures

6 (k)(1) The chairman at an investigative hearing shall

7 announce in an opening statement the subject of the inves8 tigation.

9 (2) A copy of the committee rules and of this clause

10 shall be made available to each witness.

11 (3) Witnesses at investigative hearings may be ac12 companied by their own counsel for the purpose of advis13 ing them concerning their constitutional rights.

14 (4) The chairman may punish breaches of order and

15 decorum, and of professional ethics on the part of counsel,

16 by censure and exclusion from the hearings; and the com17 mittee may cite the offender to the House for contempt.

18 (5) Whenever it is asserted that the evidence or testi19 mony at an investigative hearing may tend to defame, de20 grade, or incriminate any person—

21 (A) notwithstanding paragraph (g)(2), such tes22 timony or evidence shall be presented in executive

23 session if, in the presence of the number of members

24 required under the rules of the committee for the

25 purpose of taking testimony, the committee deter-
115

HRES 5 ATH

1 mines by vote of a majority of those present that

2 such evidence or testimony may tend to defame, de3 grade, or incriminate any person; and

4 (B) the committee shall proceed to receive such

5 testimony in open session only if the committee, a

6 majority being present, determines that such evi7 dence or testimony will not tend to defame, degrade,

8 or incriminate any person.

9 In either case the committee shall afford such person an

10 opportunity voluntarily to appear as a witness, and receive

11 and dispose of requests from such person to subpoena ad12 ditional witnesses.

13 (6) Except as provided in subparagraph (5), the

14 chairman shall receive and the committee shall dispose of

15 requests to subpoena additional witnesses.

16 (7) Evidence or testimony taken in executive session,

17 and proceedings conducted in executive session, may be

18 released or used in public sessions only when authorized

19 by the committee, a majority being present.

20 (8) In the discretion of the committee, witnesses may

21 submit brief and pertinent sworn statements in writing for

22 inclusion in the record. The committee is the sole judge

23 of the pertinence of testimony and evidence adduced at

24 its hearing.
116

HRES 5 ATH

1 (9) A witness may obtain a transcript copy of his tes2 timony given at a public session or, if given at an executive

3 session, when authorized by the committee.

4 Supplemental, minority, or additional views

5 (l) If at the time of approval of a measure or matter

6 by a committee (other than the Committee on Rules) a

7 member of the committee gives notice of intention to file

8 supplemental, minority, or additional views for inclusion

9 in the report to the House thereon, that member shall be

10 entitled to not less than two additional calendar days after

11 the day of such notice (excluding Saturdays, Sundays, and

12 legal holidays except when the House is in session on such

13 a day) to file such views, in writing and signed by that

14 member, with the clerk of the committee.

15 Power to sit and act; subpoena power

16 (m)(1) For the purpose of carrying out any of its

17 functions and duties under this rule and rule X (including

18 any matters referred to it under clause 2 of rule XII),

19 a committee or subcommittee is authorized (subject to

20 subparagraph (2)(A))—

21 (A) to sit and act at such times and places

22 within the United States, whether the House is in

23 session, has recessed, or has adjourned, and to hold

24 such hearings as it considers necessary; and
117

HRES 5 ATH

1 (B) to require, by subpoena or otherwise, the

2 attendance and testimony of such witnesses and the

3 production of such books, records, correspondence,

4 memoranda, papers, and documents as it considers

5 necessary.

6 (2) The chairman of the committee, or a member des7 ignated by the chairman, may administer oaths to wit8 nesses.

9 (3)(A)(i) Except as provided in subdivision (A)(ii), a

10 subpoena may be authorized and issued by a committee

11 or subcommittee under subparagraph (1)(B) in the con12 duct of an investigation or series of investigations or ac13 tivities only when authorized by the committee or sub14 committee, a majority being present. The power to author15 ize and issue subpoenas under subparagraph (1)(B) may

16 be delegated to the chairman of the committee under such

17 rules and under such limitations as the committee may

18 prescribe. Authorized subpoenas shall be signed by the

19 chairman of the committee or by a member designated by

20 the committee.

21 (ii) In the case of a subcommittee of the Committee

22 on Standards of Official Conduct, a subpoena may be au23 thorized and issued only by an affirmative vote of a major24 ity of its members.
118

HRES 5 ATH

1 (B) A subpoena duces tecum may specify terms of

2 return other than at a meeting or hearing of the commit3 tee or subcommittee authorizing the subpoena.

4 (C) Compliance with a subpoena issued by a commit5 tee or subcommittee under subparagraph (1)(B) may be

6 enforced only as authorized or directed by the House.

7 Committee on Standards of Official Conduct

8 3. (a) The Committee on Standards of Official Con9 duct has the following functions:

10 (1) The committee may recommend to the

11 House from time to time such administrative actions

12 as it may consider appropriate to establish or en13 force standards of official conduct for Members, Del14 egates, the Resident Commissioner, officers, and em15 ployees of the House. A letter of reproval or other

16 administrative action of the committee pursuant to

17 an investigation under subparagraph (2) shall only

18 be issued or implemented as a part of a report re19 quired by such subparagraph.

20 (2) The committee may investigate, subject to

21 paragraph (b), an alleged violation by a Member,

22 Delegate, Resident Commissioner, officer, or em23 ployee of the House of the Code of Official Conduct

24 or of a law, rule, regulation, or other standard of

25 conduct applicable to the conduct of such Member,
119

HRES 5 ATH

1 Delegate, Resident Commissioner, officer, or em2 ployee in the performance of his duties or the dis3 charge of his responsibilities. After notice and hear4 ing (unless the right to a hearing is waived by the

5 Member, Delegate, Resident Commissioner, officer

6 or employee), the committee shall report to the

7 House its findings of fact and recommendations, if

8 any, for the final disposition of any such investiga9 tion and such action as the committee may consider

10 appropriate in the circumstances.

11 (3) The committee may report to the appro12 priate Federal or State authorities, either with the

13 approval of the House or by an affirmative vote of

14 two-thirds of the members of the committee, any

15 substantial evidence of a violation by a Member,

16 Delegate, Resident Commissioner, officer, or em17 ployee of the House, of a law applicable to the per18 formance of his duties or the discharge of his re19 sponsibilities that may have been disclosed in a com20 mittee investigation.

21 (4) The committee may consider the request of

22 a Member, Delegate, Resident Commissioner, officer,

23 or employee of the House for an advisory opinion

24 with respect to the general propriety of any current

25 or proposed conduct of such Member, Delegate,
120

HRES 5 ATH

1 Resident Commissioner, officer, or employee. With

2 appropriate deletions to ensure the privacy of the

3 person concerned, the committee may publish such

4 opinion for the guidance of other Members, Dele5 gates, the Resident Commissioner, officers, and em6 ployees of the House.

7 (5) The committee may consider the request of

8 a Member, Delegate, Resident Commissioner, officer,

9 or employee of the House for a written waiver in ex10 ceptional circumstances with respect to clause 4 of

11 rule XXIV.

12 (b)(1)(A) Unless approved by an affirmative vote of

13 a majority of its members, the Committee on Standards

14 of Official Conduct may not report a resolution, report,

15 recommendation, or advisory opinion relating to the offi16 cial conduct of a Member, Delegate, Resident Commis17 sioner, officer or employee of the House, or, except as pro18 vided in subparagraph (2), undertake an investigation of

19 such conduct.

20 (B)(i) Upon the receipt of information offered as a

21 complaint that is in compliance with this rule and the

22 rules of the committee, the chairman and ranking minority

23 member jointly may appoint members to serve as an inves24 tigative subcommittee.
121

HRES 5 ATH

1 (ii) The chairman and ranking minority member of

2 the committee jointly may gather additional information

3 concerning alleged conduct that is the basis of a complaint

4 or of information offered as a complaint until they have

5 established an investigative subcommittee or either of

6 them has placed on the agenda of the committee the issue

7 of whether to establish an investigative subcommittee.

8 (2) Except in the case of an investigation undertaken

9 by the committee on its own initiative, the committee may

10 undertake an investigation relating to the official conduct

11 of an individual Member, Delegate, Resident Commis12 sioner, officer, or employee of the House only—

13 (A) upon receipt of information offered as a

14 complaint, in writing and under oath, from a Mem15 ber, Delegate, or Resident Commissioner and trans16 mitted to the committee by such Member, Delegate,

17 or Resident Commissioner; or

18 (B) upon receipt of information offered as a

19 complaint, in writing and under oath, from a person

20 not a Member, Delegate, or Resident Commissioner

21 provided that a Member, Delegate, or Resident Com22 missioner certifies in writing to the committee that

23 he believes the information is submitted in good

24 faith and warrants the review and consideration of

25 the committee.
122

HRES 5 ATH

1 If a complaint is not disposed of within the applicable peri2 ods set forth in the rules of the Committee on Standards

3 of Official Conduct, the chairman and ranking minority

4 member shall establish jointly an investigative subcommit5 tee and forward the complaint, or any portion thereof, to

6 that subcommittee for its consideration. However, if at

7 any time during those periods either the chairman or

8 ranking minority member places on the agenda the issue

9 of whether to establish an investigative subcommittee,

10 then an investigative subcommittee may be established

11 only by an affirmative vote of a majority of the members

12 of the committee.

13 (3) The committee may not undertake an investiga14 tion of an alleged violation of a law, rule, regulation, or

15 standard of conduct that was not in effect at the time of

16 the alleged violation. The committee may not undertake

17 an investigation of such an alleged violation that occurred

18 before the third previous Congress unless the committee

19 determines that the alleged violation is directly related to

20 an alleged violation that occurred in a more recent Con21 gress.

22 (4) A member of the committee shall be ineligible to

23 participate as a member of the committee in a committee

24 proceeding relating to the member’s official conduct.

25 Whenever a member of the committee is ineligible to act
123

HRES 5 ATH

1 as a member of the committee under the preceding sen2 tence, the Speaker shall designate a Member, Delegate,

3 or Resident Commissioner from the same political party

4 as the ineligible member to act in any proceeding of the

5 committee relating to that conduct.

6 (5) A member of the committee may disqualify him7 self from participating in an investigation of the conduct

8 of a Member, Delegate, Resident Commissioner, officer,

9 or employee of the House upon the submission in writing

10 and under oath of an affidavit of disqualification stating

11 that the member cannot render an impartial and unbiased

12 decision in the case in which the member seeks to be dis13 qualified. If the committee approves and accepts such affi14 davit of disqualification, the chairman shall so notify the

15 Speaker and request the Speaker to designate a Member,

16 Delegate, or Resident Commissioner from the same politi17 cal party as the disqualifying member to act in any pro18 ceeding of the committee relating to that case.

19 (6) Information or testimony received, or the contents

20 of a complaint or the fact of its filing, may not be publicly

21 disclosed by any committee or staff member unless specifi22 cally authorized in each instance by a vote of the full com23 mittee.

24 (7) The committee shall have the functions des25 ignated in titles I and V of the Ethics in Government Act
124

HRES 5 ATH

1 of 1978, in sections 7342, 7351, and 7353 of title 5,

2 United States Code, and in clause 11(g)(4) of rule X.

3 (c)(1) Notwithstanding clause 2(g)(1) of rule XI,

4 each meeting of the Committee on Standards of Official

5 Conduct or a subcommittee thereof shall occur in executive

6 session unless the committee or subcommittee, by an af7 firmative vote of a majority of its members, opens the

8 meeting to the public.

9 (2) Notwithstanding clause 2(g)(2) of rule XI, each

10 hearing of an adjudicatory subcommittee or sanction hear11 ing of the Committee on Standards of Official Conduct

12 shall be held in open session unless the committee or sub13 committee, in open session by an affirmative vote of a ma14 jority of its members, closes all or part of the remainder

15 of the hearing on that day to the public.

16 (d) Before a member, officer, or employee of the

17 Committee on Standards of Official Conduct, including

18 members of a subcommittee of the committee selected

19 under clause 5(a)(4) of rule X and shared staff, may have

20 access to information that is confidential under the rules

21 of the committee, the following oath (or affirmation) shall

22 be executed:

23 ‘‘I do solemnly swear (or affirm) that I will not

24 disclose, to any person or entity outside the Commit25 tee on Standards of Official Conduct, any informa-
125

HRES 5 ATH

1 tion received in the course of my service with the

2 committee, except as authorized by the committee or

3 in accordance with its rules.’’

4 Copies of the executed oath shall be retained by the Clerk

5 as part of the records of the House. This paragraph estab6 lishes a standard of conduct within the meaning of para7 graph (a)(2). Breaches of confidentiality shall be inves8 tigated by the Committee on Standards of Official Con9 duct and appropriate action shall be taken.

10 (e)(1) If a complaint or information offered as a com11 plaint is deemed frivolous by an affirmative vote of a ma12 jority of the members of the Committee on Standards of

13 Official Conduct, the committee may take such action as

14 it, by an affirmative vote of a majority of its members,

15 considers appropriate in the circumstances.

16 (2) Complaints filed before the One Hundred Fifth

17 Congress may not be deemed frivolous by the Committee

18 on Standards of Official Conduct.

19 Audio and visual coverage of committee proceedings

20 4. (a) The purpose of this clause is to provide a

21 means, in conformity with acceptable standards of dignity,

22 propriety, and decorum, by which committee hearings or

23 committee meetings that are open to the public may be

24 covered by audio and visual means—
126

HRES 5 ATH

1 (1) for the education, enlightenment, and infor2 mation of the general public, on the basis of accu3 rate and impartial news coverage, regarding the op4 erations, procedures, and practices of the House as

5 a legislative and representative body, and regarding

6 the measures, public issues, and other matters be7 fore the House and its committees, the consideration

8 thereof, and the action taken thereon; and

9 (2) for the development of the perspective and

10 understanding of the general public with respect to

11 the role and function of the House under the Con12 stitution as an institution of the Federal Govern13 ment.

14 (b) In addition, it is the intent of this clause that

15 radio and television tapes and television film of any cov16 erage under this clause may not be used, or made available

17 for use, as partisan political campaign material to promote

18 or oppose the candidacy of any person for elective public

19 office.

20 (c) It is, further, the intent of this clause that the

21 general conduct of each meeting (whether of a hearing or

22 otherwise) covered under authority of this clause by audio

23 or visual means, and the personal behavior of the commit24 tee members and staff, other Government officials and

25 personnel, witnesses, television, radio, and press media
127

HRES 5 ATH

1 personnel, and the general public at the hearing or other

2 meeting, shall be in strict conformity with and observance

3 of the acceptable standards of dignity, propriety, courtesy,

4 and decorum traditionally observed by the House in its

5 operations, and may not be such as to—

6 (1) distort the objects and purposes of the hear7 ing or other meeting or the activities of committee

8 members in connection with that hearing or meeting

9 or in connection with the general work of the com10 mittee or of the House; or

11 (2) cast discredit or dishonor on the House, the

12 committee, or a Member, Delegate, or Resident

13 Commissioner or bring the House, the committee, or

14 a Member, Delegate, or Resident Commissioner into

15 disrepute.

16 (d) The coverage of committee hearings and meetings

17 by audio and visual means shall be permitted and con18 ducted only in strict conformity with the purposes, provi19 sions, and requirements of this clause.

20 (e) Whenever a hearing or meeting conducted by a

21 committee or subcommittee is open to the public, those

22 proceedings shall be open to coverage by audio and visual

23 means. A committee or subcommittee chairman may not

24 limit the number of television or still cameras to fewer

25 than two representatives from each medium (except for
128

HRES 5 ATH

1 legitimate space or safety considerations, in which case

2 pool coverage shall be authorized).

3 (f) Each committee shall adopt written rules to gov4 ern its implementation of this clause. Such rules shall con5 tain provisions to the following effect:

6 (1) If audio or visual coverage of the hearing or

7 meeting is to be presented to the public as live cov8 erage, that coverage shall be conducted and pre9 sented without commercial sponsorship.

10 (2) The allocation among the television media

11 of the positions or the number of television cameras

12 permitted by a committee or subcommittee chairman

13 in a hearing or meeting room shall be in accordance

14 with fair and equitable procedures devised by the

15 Executive Committee of the Radio and Television

16 Correspondents’ Galleries.

17 (3) Television cameras shall be placed so as not

18 to obstruct in any way the space between a witness

19 giving evidence or testimony and any member of the

20 committee or the visibility of that witness and that

21 member to each other.

22 (4) Television cameras shall operate from fixed

23 positions but may not be placed in positions that ob24 struct unnecessarily the coverage of the hearing or

25 meeting by the other media.
129

HRES 5 ATH

1 (5) Equipment necessary for coverage by the

2 television and radio media may not be installed in,

3 or removed from, the hearing or meeting room while

4 the committee is in session.

5 (6)(A) Except as provided in subdivision (B),

6 floodlights, spotlights, strobelights, and flashguns

7 may not be used in providing any method of cov8 erage of the hearing or meeting.

9 (B) The television media may install additional

10 lighting in a hearing or meeting room, without cost

11 to the Government, in order to raise the ambient

12 lighting level in a hearing or meeting room to the

13 lowest level necessary to provide adequate television

14 coverage of a hearing or meeting at the current state

15 of the art of television coverage.

16 (7) In the allocation of the number of still pho17 tographers permitted by a committee or subcommit18 tee chairman in a hearing or meeting room, pref19 erence shall be given to photographers from Associ20 ated Press Photos and United Press International

21 Newspictures. If requests are made by more of the

22 media than will be permitted by a committee or sub23 committee chairman for coverage of a hearing or

24 meeting by still photography, that coverage shall be

25 permitted on the basis of a fair and equitable pool
130

HRES 5 ATH

1 arrangement devised by the Standing Committee of

2 Press Photographers.

3 (8) Photographers may not position themselves

4 between the witness table and the members of the

5 committee at any time during the course of a hear6 ing or meeting.

7 (9) Photographers may not place themselves in

8 positions that obstruct unnecessarily the coverage of

9 the hearing by the other media.

10 (10) Personnel providing coverage by the tele11 vision and radio media shall be currently accredited

12 to the Radio and Television Correspondents’ Gal13 leries.

14 (11) Personnel providing coverage by still pho15 tography shall be currently accredited to the Press

16 Photographers’ Gallery.

17 (12) Personnel providing coverage by the tele18 vision and radio media and by still photography shall

19 conduct themselves and their coverage activities in

20 an orderly and unobtrusive manner.

21 Pay of witnesses

22 5. Witnesses appearing before the House or any of

23 its committees shall be paid the same per diem rate as

24 established, authorized, and regulated by the Committee

25 on House Administration for Members, Delegates, the
131

HRES 5 ATH

1 Resident Commissioner, and employees of the House, plus

2 actual expenses of travel to or from the place of examina3 tion. Such per diem may not be paid when a witness has

4 been summoned at the place of examination.

5 Unfinished business of the session

6 6. All business of the House at the end of one session

7 shall be resumed at the commencement of the next session

8 of the same Congress in the same manner as if no ad9 journment had taken place.

10 RULE XII.

11 RECEIPT AND REFERRAL OF MEASURES AND MATTERS.

12 Messages

13 1. Messages received from the Senate, or from the

14 President, shall be entered on the Journal and published

15 in the Congressional Record of the proceedings of that

16 day.

17 Referral

18 2. (a) The Speaker shall refer each bill, resolution,

19 or other matter that relates to a subject listed under a

20 standing committee named in clause 1 of rule X in accord21 ance with the provisions of this clause.

22 (b) The Speaker shall refer matters under paragraph

23 (a) in such manner as to ensure to the maximum extent

24 feasible that each committee that has jurisdiction under

25 clause 1 of rule X over the subject matter of a provision
132

HRES 5 ATH

1 thereof may consider such provision and report to the

2 House thereon. Precedents, rulings, or procedures in effect

3 before the Ninety-Fourth Congress shall be applied to re4 ferrals under this clause only to the extent that they will

5 contribute to the achievement of the objectives of this

6 clause.

7 (c) In carrying out paragraphs (a) and (b) with re8 spect to the referral of a matter, the Speaker—

9 (1) shall designate a committee of primary ju10 risdiction;

11 (2) may refer the matter to one or more addi12 tional committees for consideration in sequence, ei13 ther initially or after the matter has been reported

14 by the committee of primary jurisdiction;

15 (3) may refer portions of the matter reflecting

16 different subjects and jurisdictions to one or more

17 additional committees;

18 (4) may refer the matter to a special, ad hoc

19 committee appointed by the Speaker with the ap20 proval of the House, and including members of the

21 committees of jurisdiction, for the specific purpose

22 of considering that matter and reporting to the

23 House thereon;

24 (5) may subject a referral to appropriate time

25 limitations; and
133

HRES 5 ATH

1 (6) may make such other provision as may be

2 considered appropriate.

3 (d) A bill for the payment or adjudication of a private

4 claim against the Government may not be referred to a

5 committee other than the Committee on International Re6 lations or the Committee on the Judiciary, except by unan7 imous consent.

8 Petitions, memorials, and private bills

9 3. If a Member, Delegate, or Resident Commissioner

10 has a petition, memorial, or private bill to present, he shall

11 endorse his name, deliver it to the Clerk, and may specify

12 the reference or disposition to be made thereof. Such peti13 tion, memorial, or private bill (except when judged by the

14 Speaker to be obscene or insulting) shall be entered on

15 the Journal with the name of the Member, Delegate, or

16 Resident Commissioner presenting it and shall be printed

17 in the Congressional Record.

18 4. A private bill or private resolution (including an

19 omnibus claim or pension bill), or amendment thereto,

20 may not be received or considered in the House if it au21 thorizes or directs—

22 (a) the payment of money for property dam23 ages, for personal injuries or death for which suit

24 may be instituted under the Tort Claims Procedure

25 provided in title 28, United States Code, or for a
134

HRES 5 ATH

1 pension (other than to carry out a provision of law

2 or treaty stipulation);

3 (b) the construction of a bridge across a navi4 gable stream; or

5 (c) the correction of a military or naval record.

6 Prohibition on commemorations

7 5. (a) A bill or resolution, or an amendment thereto,

8 may not be introduced or considered in the House if it

9 establishes or expresses a commemoration.

10 (b) In this clause the term ‘‘commemoration’’ means

11 a remembrance, celebration, or recognition for any pur12 pose through the designation of a specified period of time.

13 Excluded matters

14 6. A petition, memorial, bill, or resolution excluded

15 under this rule shall be returned to the Member, Delegate,

16 or Resident Commissioner from whom it was received. A

17 petition or private bill that has been inappropriately re18 ferred may, by direction of the committee having posses19 sion of it, be properly referred in the manner originally

20 presented. An erroneous reference of a petition or private

21 bill under this clause does not confer jurisdiction on a

22 committee to consider or report it.

23 Sponsorship

24 7. (a) All other bills, memorials, petitions, and resolu25 tions, endorsed with the names of Members, Delegates, or
135

HRES 5 ATH

1 the Resident Commissioner introducing them, may be de2 livered to the Speaker to be referred. The titles and ref3 erences of all bills, memorials, petitions, resolutions, and

4 other documents referred under this rule shall be entered

5 on the Journal and printed in the Congressional Record.

6 An erroneous reference may be corrected by the House

7 in accordance with rule X on any day immediately after

8 the Pledge of Allegiance to the Flag by unanimous consent

9 or motion. Such a motion shall be privileged if offered by

10 direction of a committee to which the bill has been erro11 neously referred or by direction of a committee claiming

12 jurisdiction and shall be decided without debate.

13 (b)(1) The primary sponsor of a public bill or public

14 resolution may name cosponsors. The name of a cosponsor

15 added after the initial printing of a bill or resolution shall

16 appear in the next printing of the bill or resolution on

17 the written request of the primary sponsor. Such a request

18 may be submitted to the Speaker at any time until the

19 last committee authorized to consider and report the bill

20 or resolution reports it to the House or is discharged from

21 its consideration.

22 (2) The name of a cosponsor of a bill or resolution

23 may be deleted by unanimous consent. The Speaker may

24 entertain such a request only by the Member, Delegate,

25 or Resident Commissioner whose name is to be deleted or
136

HRES 5 ATH

1 by the primary sponsor of the bill or resolution, and only

2 until the last committee authorized to consider and report

3 the bill or resolution reports it to the House or is dis4 charged from its consideration. The Speaker may not en5 tertain a request to delete the name of the primary spon6 sor of a bill or resolution. A deletion shall be indicated

7 by date in the next printing of the bill or resolution.

8 (3) The addition or deletion of the name of a cospon9 sor of a bill or resolution shall be entered on the Journal

10 and printed in the Congressional Record of that day.

11 (4) A bill or resolution shall be reprinted on the writ12 ten request of the primary sponsor. Such a request may

13 be submitted to the Speaker only when 20 or more cospon14 sors have been added since the last printing of the bill

15 or resolution.

16 (5) When a bill or resolution is introduced ‘‘by re17 quest,’’ those words shall be entered on the Journal and

18 printed in the Congressional Record.

19 Executive communications

20 8. Estimates of appropriations and all other commu21 nications from the executive departments intended for the

22 consideration of any committees of the House shall be ad23 dressed to the Speaker for referral as provided in clause

24 2 of rule XIV.
137

HRES 5 ATH

1 RULE XIII.

2 CALENDARS AND COMMITTEE REPORTS.

3 Calendars

4 1. (a) All business reported by committees shall be

5 referred to one of the following three calendars:

6 (1) A Calendar of the Committee of the Whole

7 House on the state of the Union, to which shall be

8 referred public bills and public resolutions raising

9 revenue, involving a tax or charge on the people, di10 rectly or indirectly making appropriations of money

11 or property or requiring such appropriations to be

12 made, authorizing payments out of appropriations

13 already made, releasing any liability to the United

14 States for money or property, or referring a claim

15 to the Court of Claims.

16 (2) A House Calendar, to which shall be re17 ferred all public bills and public resolutions not re18 quiring referral to the Calendar of the Committee of

19 the Whole House on the state of the Union.

20 (3) A Private Calendar as provided in clause 5

21 of rule XV, to which shall be referred all private bills

22 and private resolutions.

23 (b) There is established a Corrections Calendar as

24 provided in clause 6 of rule XV.
138

HRES 5 ATH

1 (c) There is established a Calendar of Motions to Dis2 charge Committees as provided in clause 2 of rule XV.

3 Filing and printing of reports

4 2. (a)(1) Except as provided in subparagraph (2), all

5 reports of committees (other than those filed from the

6 floor as privileged) shall be delivered to the Clerk for

7 printing and reference to the proper calendar under the

8 direction of the Speaker in accordance with clause 1. The

9 title or subject of each report shall be entered on the Jour10 nal and printed in the Congressional Record.

11 (2) A bill or resolution reported adversely shall be laid

12 on the table unless a committee to which the bill or resolu13 tion was referred requests at the time of the report its

14 referral to an appropriate calendar under clause 1 or un15 less, within three days thereafter, a Member, Delegate, or

16 Resident Commissioner makes such a request.

17 (b)(1) It shall be the duty of the chairman of each

18 committee to report or cause to be reported promptly to

19 the House a measure or matter approved by the committee

20 and to take or cause to be taken steps necessary to bring

21 the measure or matter to a vote.

22 (2) In any event, the report of a committee on a

23 measure that has been approved by the committee shall

24 be filed within seven calendar days (exclusive of days on

25 which the House is not in session) after the day on which
139

HRES 5 ATH

1 a written request for the filing of the report, signed by

2 a majority of the members of the committee, has been filed

3 with the clerk of the committee. The clerk of the commit4 tee shall immediately notify the chairman of the filing of

5 such a request. This subparagraph does not apply to a

6 report of the Committee on Rules with respect to a rule,

7 joint rule, or order of business of the House, or to the

8 reporting of a resolution of inquiry addressed to the head

9 of an executive department.

10 (c) All supplemental, minority, or additional views

11 filed under clause 2(l) of rule XI by one or more members

12 of a committee shall be included in, and shall be a part

13 of, the report filed by the committee with respect to a

14 measure or matter. When time guaranteed by clause 2(l)

15 of rule XI has expired (or, if sooner, when all separate

16 views have been received), the committee may arrange to

17 file its report with the Clerk not later than one hour after

18 the expiration of such time. This clause and provisions of

19 clause 2(l) of rule XI do not preclude the immediate filing

20 or printing of a committee report in the absence of a time21 ly request for the opportunity to file supplemental, minor22 ity, or additional views as provided in clause 2(l) of rule

23 XI.
140

HRES 5 ATH

1 Content of reports

2 3. (a)(1) Except as provided in subparagraph (2), the

3 report of a committee on a measure or matter shall be

4 printed in a single volume that—

5 (A) shall include all supplemental, minority, or

6 additional views that have been submitted by the

7 time of the filing of the report; and

8 (B) shall bear on its cover a recital that any

9 such supplemental, minority, or additional views

10 (and any material submitted under paragraph (c)(3)

11 or (4)) are included as part of the report.

12 (2) A committee may file a supplemental report for

13 the correction of a technical error in its previous report

14 on a measure or matter.

15 (b) With respect to each record vote on a motion to

16 report a measure or matter of a public nature, and on

17 any amendment offered to the measure or matter, the

18 total number of votes cast for and against, and the names

19 of members voting for and against, shall be included in

20 the committee report. The preceding sentence does not

21 apply to votes taken in executive session by the Committee

22 on Standards of Official Conduct.

23 (c) The report of a committee on a measure that has

24 been approved by the committee shall include, separately

25 set out and clearly identified, the following:
141

HRES 5 ATH

1 (1) Oversight findings and recommendations

2 under clause 2(b)(1) of rule X.

3 (2) The statement required by section 308(a) of

4 the Congressional Budget Act of 1974, except that

5 an estimate of new budget authority shall include,

6 when practicable, a comparison of the total esti7 mated funding level for the relevant programs to the

8 appropriate levels under current law.

9 (3) An estimate and comparison prepared by

10 the Director of the Congressional Budget Office

11 under section 402 of the Congressional Budget Act

12 of 1974 if timely submitted to the committee before

13 the filing of the report.

14 (4) A summary of oversight findings and rec15 ommendations by the Committee on Government Re16 form under clause 4(c)(2) of rule X if such findings

17 and recommendations have been submitted to the re18 porting committee in time to allow it to consider

19 such findings and recommendations during its delib20 erations on the measure.

21 (d) Each report of a committee on a public bill or

22 public joint resolution shall contain the following:

23 (1) A statement citing the specific powers

24 granted to Congress in the Constitution to enact the

25 law proposed by the bill or joint resolution.
142

HRES 5 ATH

1 (2)(A) An estimate by the committee of the

2 costs that would be incurred in carrying out the bill

3 or joint resolution in the fiscal year in which it is

4 reported and in each of the five fiscal years following

5 that fiscal year (or for the authorized duration of

6 any program authorized by the bill or joint resolu7 tion if less than five years);

8 (B) A comparison of the estimate of costs de9 scribed in subdivision (A) made by the committee

10 with any estimate of such costs made by a Govern11 ment agency and submitted to such committee; and

12 (C) When practicable, a comparison of the total

13 estimated funding level for the relevant programs

14 with the appropriate levels under current law.

15 (3)(A) In subparagraph (2) the term ‘‘Govern16 ment agency’’ includes any department, agency, es17 tablishment, wholly owned Government corporation,

18 or instrumentality of the Federal Government or the

19 government of the District of Columbia.

20 (B) Subparagraph (2) does not apply to the

21 Committee on Appropriations, the Committee on

22 House Administration, the Committee on Rules, or

23 the Committee on Standards of Official Conduct,

24 and does not apply when a cost estimate and com25 parison prepared by the Director of the Congres-
143

HRES 5 ATH

1 sional Budget Office under section 402 of the Con2 gressional Budget Act of 1974 has been included in

3 the report under paragraph (c)(3).

4 (e)(1) Whenever a committee reports a bill or joint

5 resolution proposing to repeal or amend a statute or part

6 thereof, it shall include in its report or in an accompanying

7 document—

8 (A) the text of a statute or part thereof that is

9 proposed to be repealed; and

10 (B) a comparative print of any part of the bill

11 or joint resolution proposing to amend the statute

12 and of the statute or part thereof proposed to be

13 amended, showing by appropriate typographical de14 vices the omissions and insertions proposed.

15 (2) If a committee reports a bill or joint resolution

16 proposing to repeal or amend a statute or part thereof

17 with a recommendation that the bill or joint resolution be

18 amended, the comparative print required by subparagraph

19 (1) shall reflect the changes in existing law proposed to

20 be made by the bill or joint resolution as proposed to be

21 amended.

22 (f)(1) A report of the Committee on Appropriations

23 on a general appropriation bill shall include—

24 (A) a concise statement describing the effect of

25 any provision of the accompanying bill that directly
144

HRES 5 ATH

1 or indirectly changes the application of existing law;

2 and

3 (B) a list of all appropriations contained in the

4 bill for expenditures not previously authorized by law

5 (except classified intelligence or national security

6 programs, projects, or activities).

7 (2) Whenever the Committee on Appropriations re8 ports a bill or joint resolution including matter specified

9 in clause 1(b)(2) or (3) of rule X, it shall include—

10 (A) in the bill or joint resolution, separate

11 headings for ‘‘Rescissions’’ and ‘‘Transfers of Unex12 pended Balances’’; and

13 (B) in the report of the committee, a separate

14 section listing such rescissions and transfers.

15 (g) Whenever the Committee on Rules reports a reso16 lution proposing to repeal or amend a standing rule of the

17 House, it shall include in its report or in an accompanying

18 document—

19 (1) the text of any rule or part thereof that is

20 proposed to be repealed; and

21 (2) a comparative print of any part of the reso22 lution proposing to amend the rule and of the rule

23 or part thereof proposed to be amended, showing by

24 appropriate typographical devices the omissions and

25 insertions proposed.
145

HRES 5 ATH

1 (h)(1) It shall not be in order to consider a bill or

2 joint resolution reported by the Committee on Ways and

3 Means that proposes to amend the Internal Revenue Code

4 of 1986 unless—

5 (A) the report includes a tax complexity analy6 sis prepared by the Joint Committee on Internal

7 Revenue Taxation in accordance with section

8 4022(b) of the Internal Revenue Service Restructur9 ing and Reform Act of 1998; or

10 (B) the chairman of the Committee on Ways

11 and Means causes such a tax complexity analysis to

12 be printed in the Congressional Record before con13 sideration of the bill or joint resolution.

14 (2) A report from the Committee on Ways and Means

15 on a bill or joint resolution designated by the Majority

16 Leader, after consultation with the Minority Leader, as

17 major tax legislation may include a dynamic estimate of

18 the changes in Federal revenues expected to result from

19 enactment of the legislation. The Joint Committee on In20 ternal Revenue Taxation shall render a dynamic estimate

21 of such legislation only in response to a timely request

22 from the chairman of the Committee on Ways and Means,

23 after consultation with the ranking minority member. A

24 dynamic estimate under this paragraph may be used only

25 for informational purposes.
146

HRES 5 ATH

1 (3) In this paragraph the term ‘‘dynamic estimate’’

2 means a projection based in any part on assumptions con3 cerning probable effects of macroeconomic feedback. A dy4 namic estimate shall include a statement identifying all

5 such assumptions.

6 Availability of reports

7 4. (a)(1) Except as specified in subparagraph (2), it

8 shall not be in order to consider in the House a measure

9 or matter reported by a committee until the third calendar

10 day (excluding Saturdays, Sundays, or legal holidays ex11 cept when the House is in session on such a day) on which

12 each report of a committee on that measure or matter has

13 been available to Members, Delegates, and the Resident

14 Commissioner.

15 (2) Subparagraph (1) does not apply to—

16 (A) a resolution providing a rule, joint rule, or

17 order of business reported by the Committee on

18 Rules considered under clause 6;

19 (B) a resolution providing amounts from the

20 applicable accounts described in clause 1(i)(1) of

21 rule X reported by the Committee on House Admin22 istration considered under clause 6 of rule X;

23 (C) a resolution presenting a question of the

24 privileges of the House reported by any committee;
147

HRES 5 ATH

1 (D) a measure for the declaration of war, or the

2 declaration of a national emergency, by Congress;

3 and

4 (E) a measure providing for the disapproval of

5 a decision, determination, or action by a Government

6 agency that would become, or continue to be, effec7 tive unless disapproved or otherwise invalidated by

8 one or both Houses of Congress. In this subdivision

9 the term ‘‘Government agency’’ includes any depart10 ment, agency, establishment, wholly owned Govern11 ment corporation, or instrumentality of the Federal

12 Government or of the government of the District of

13 Columbia.

14 (b) A committee that reports a measure or matter

15 shall make every reasonable effort to have its hearings

16 thereon (if any) printed and available for distribution to

17 Members, Delegates, and the Resident Commissioner be18 fore the consideration of the measure or matter in the

19 House.

20 (c) A general appropriation bill reported by the Com21 mittee on Appropriations may not be considered in the

22 House until the third calendar day (excluding Saturdays,

23 Sundays, and legal holidays except when the House is in

24 session on such a day) on which printed hearings of the
148

HRES 5 ATH

1 Committee on Appropriations thereon have been available

2 to Members, Delegates, and the Resident Commissioner.

3 Privileged reports, generally

4 5. (a) The following committees shall have leave to

5 report at any time on the following matters, respectively:

6 (1) The Committee on Appropriations, on gen7 eral appropriation bills and on joint resolutions con8 tinuing appropriations for a fiscal year after Sep9 tember 15 in the preceding fiscal year.

10 (2) The Committee on the Budget, on the mat11 ters required to be reported by such committee

12 under titles III and IV of the Congressional Budget

13 Act of 1974.

14 (3) The Committee on House Administration,

15 on enrolled bills, on contested elections, on matters

16 referred to it concerning printing for the use of the

17 House or the two Houses, on expenditure of the ap18 plicable accounts of the House described in clause

19 1(i)(1) of rule X, and on matters relating to preser20 vation and availability of noncurrent records of the

21 House under rule VII.

22 (4) The Committee on Rules, on rules, joint

23 rules, and the order of business.

24 (5) The Committee on Standards of Official

25 Conduct, on resolutions recommending action by the
149

HRES 5 ATH

1 House with respect to a Member, Delegate, Resident

2 Commissioner, officer, or employee of the House as

3 a result of an investigation by the committee relat4 ing to the official conduct of such Member, Delegate,

5 Resident Commissioner, officer, or employee.

6 (b) A report filed from the floor as privileged under

7 paragraph (a) may be called up as a privileged question

8 by direction of the reporting committee, subject to any re9 quirement concerning its availability to Members, Dele10 gates, and the Resident Commissioner under clause 4 or

11 concerning the timing of its consideration under clause 6.

12 Privileged reports by the Committee on Rules

13 6. (a) A report by the Committee on Rules on a rule,

14 joint rule, or the order of business may not be called up

15 for consideration on the same day it is presented to the

16 House except—

17 (1) when so determined by a vote of two-thirds

18 of the Members voting, a quorum being present;

19 (2) in the case of a resolution proposing only to

20 waive a requirement of clause 4 or of clause 8 of

21 rule XXII concerning the availability of reports; or

22 (3) during the last three days of a session of

23 Congress.

24 (b) Pending the consideration of a report by the Com25 mittee on Rules on a rule, joint rule, or the order of busi-
150

HRES 5 ATH

1 ness, the Speaker may entertain one motion that the

2 House adjourn. After the result of such a motion is an3 nounced, the Speaker may not entertain any other dilatory

4 motion until the report shall have been disposed of.

5 (c) The Committee on Rules may not report—

6 (1) a rule or order proposing that business

7 under clause 7 of rule XV be set aside by a vote of

8 less than two-thirds of the Members voting, a

9 quorum being present;

10 (2) a rule or order that would prevent the mo11 tion to recommit a bill or joint resolution from being

12 made as provided in clause 2(b) of rule XIX, includ13 ing a motion to recommit with instructions to report

14 back an amendment otherwise in order, if offered by

15 the Minority Leader or a designee, except with re16 spect to a Senate bill or resolution for which the text

17 of a House-passed measure has been substituted.

18 (d) The Committee on Rules shall present to the

19 House reports concerning rules, joint rules, and the order

20 of business, within three legislative days of the time when

21 they are ordered. If such a report is not considered imme22 diately, it shall be referred to the calendar. If such a re23 port on the calendar is not called up by the member of

24 the committee who filed the report within seven legislative

25 days, any member of the committee may call it up as a
151

HRES 5 ATH

1 privileged question on the day after the calendar day on

2 which the member announces to the House his intention

3 to do so. The Speaker shall recognize a member of the

4 committee who rises for that purpose.

5 (e) An adverse report by the Committee on Rules on

6 a resolution proposing a special order of business for the

7 consideration of a public bill or public joint resolution may

8 be called up as a privileged question by a Member, Dele9 gate, or Resident Commissioner on a day when it is in

10 order to consider a motion to discharge committees under

11 clause 2 of rule XV.

12 (f) If the House has adopted a resolution making in

13 order a motion to consider a bill or resolution, and such

14 a motion has not been offered within seven calendar days

15 thereafter, such a motion shall be privileged if offered by

16 direction of all reporting committees having initial juris17 diction of the bill or resolution.

18 (g) Whenever the Committee on Rules reports a reso19 lution providing for the consideration of a measure, it shall

20 (to the maximum extent possible) specify in the resolution

21 the object of any waiver of a point of order against the

22 measure or against its consideration.

23 Resolutions of inquiry

24 7. A report on a resolution of inquiry addressed to

25 the head of an executive department may be filed from
152

HRES 5 ATH

1 the floor as privileged. If such a resolution is not reported

2 to the House within 14 legislative days after its introduc3 tion, a motion to discharge a committee from its consider4 ation shall be privileged.

5 RULE XIV.

6 ORDER AND PRIORITY OF BUSINESS.

7 1. The daily order of business (unless varied by the

8 application of other rules and except for the disposition

9 of matters of higher precedence) shall be as follows:

10 First. Prayer by the Chaplain.

11 Second. Reading and approval of the Journal,

12 unless postponed under clause 9(a) of rule XX.

13 Third. The Pledge of Allegiance to the Flag.

14 Fourth. Correction of reference of public bills.

15 Fifth. Disposal of business on the Speaker’s

16 table as provided in clause 2.

17 Sixth. Unfinished business as provided in

18 clause 3.

19 Seventh. The morning hour for the consider20 ation of bills called up by committees as provided in

21 clause 4.

22 Eighth. Motions that the House resolve into the

23 Committee of the Whole House on the state of the

24 Union subject to clause 5.

25 Ninth. Orders of the day.
153

HRES 5 ATH

1 2. Business on the Speaker’s table shall be disposed

2 of as follows:

3 (a) Messages from the President shall be re4 ferred to the appropriate committees without debate.

5 (b) Communications addressed to the House,

6 including reports and communications from heads of

7 departments and bills, resolutions, and messages

8 from the Senate, may be referred to the appropriate

9 committees in the same manner and with the same

10 right of correction as public bills and public resolu11 tions presented by Members, Delegates, or the Resi12 dent Commissioner.

13 (c) Motions to dispose of Senate amendments

14 on the Speaker’s table may be entertained as pro15 vided in clauses 1, 2, and 4 of rule XXII.

16 (d) Senate bills and resolutions substantially

17 the same as House measures already favorably re18 ported and not required to be considered in the

19 Committee of the Whole House on the state of the

20 Union may be disposed of by motion. Such a motion

21 shall be privileged if offered by direction of all re22 porting committees having initial jurisdiction of the

23 House measure.

24 3. Consideration of unfinished business in which the

25 House may have been engaged at an adjournment, except
154

HRES 5 ATH

1 business in the morning hour and proceedings postponed

2 under clause 9 of rule XX, shall be resumed as soon as

3 the business on the Speaker’s table is finished, and at the

4 same time each day thereafter until disposed of. The con5 sideration of all other unfinished business shall be re6 sumed whenever the class of business to which it belongs

7 shall be in order under the rules.

8 4. After the unfinished business has been disposed

9 of, the Speaker shall call each standing committee in regu10 lar order and then select committees. Each committee

11 when named may call up for consideration a bill or resolu12 tion reported by it on a previous day and on the House

13 Calendar. If the Speaker does not complete the call of the

14 committees before the House passes to other business, the

15 next call shall resume at the point it left off, giving pref16 erence to the last bill or resolution under consideration.

17 A committee that has occupied the call for two days may

18 not call up another bill or resolution until the other com19 mittees have been called in their turn.

20 5. After consideration of bills or resolutions under

21 clause 4 for one hour, it shall be in order, pending consid22 eration thereof, to entertain a motion that the House re23 solve into the Committee of the Whole House on the state

24 of the Union or, when authorized by a committee, that

25 the House resolve into the Committee of the Whole House
155

HRES 5 ATH

1 on the state of the Union to consider a particular bill.

2 Such a motion shall be subject to only one amendment

3 designating another bill. If such a motion is decided in

4 the negative, another such motion may not be considered

5 until the matter that was pending when such motion was

6 offered is disposed of.

7 6. All questions relating to the priority of business

8 shall be decided by a majority without debate.

9 RULE XV.

10 BUSINESS IN ORDER ON SPECIAL DAYS.

11 Suspensions, Mondays and Tuesdays

12 1. (a) A rule may not be suspended except by a vote

13 of two-thirds of the Members voting, a quorum being

14 present. The Speaker may not entertain a motion that the

15 House suspend the rules except on Mondays and Tuesdays

16 and during the last six days of a session of Congress.

17 (b) Pending a motion that the House suspend the

18 rules, the Speaker may entertain one motion that the

19 House adjourn. After the result of such a motion is an20 nounced, the Speaker may not entertain any other motion

21 until the vote is taken on the suspension.

22 (c) A motion that the House suspend the rules is de23 batable for 40 minutes, one-half in favor of the motion

24 and one-half in opposition thereto.
156

HRES 5 ATH

1 Discharge motions, second and fourth Mondays

2 2. (a) Motions to discharge committees shall be in

3 order on the second and fourth Mondays of a month.

4 (b)(1) A Member may present to the Clerk a motion

5 in writing to discharge—

6 (A) a committee from consideration of a public

7 bill or public resolution that has been referred to it

8 for 30 legislative days; or

9 (B) the Committee on Rules from consideration

10 of a resolution that has been referred to it for seven

11 legislative days and that proposes a special order of

12 business for the consideration of a public bill or pub13 lic resolution that has been reported by a standing

14 committee or has been referred to a standing com15 mittee for 30 legislative days.

16 (2) Only one motion may be presented for a bill or

17 resolution. A Member may not file a motion to discharge

18 the Committee on Rules from consideration of a resolution

19 providing for the consideration of more than one public

20 bill or public resolution or admitting or effecting a non21 germane amendment to a public bill or public resolution.

22 (c) A motion presented under paragraph (b) shall be

23 placed in the custody of the Clerk, who shall arrange a

24 convenient place for the signatures of Members. A signa25 ture may be withdrawn by a Member in writing at any

26 time before a motion is entered on the Journal. The Clerk
157

HRES 5 ATH

1 shall make signatures a matter of public record, causing

2 the names of the Members who have signed a discharge

3 motion during a week to be published in a portion of the

4 Congressional Record designated for that purpose on the

5 last legislative day of the week and making cumulative

6 lists of such names available each day for public inspection

7 in an appropriate office of the House. The Clerk shall de8 vise a means for making such lists available to offices of

9 the House and to the public in electronic form. When a

10 majority of the total membership of the House shall have

11 signed the motion, it shall be entered on the Journal,

12 printed with the signatures thereto in the Record, and re13 ferred to the Calendar of Motions to Discharge Commit14 tees.

15 (d)(1) On the second and fourth Mondays of a month

16 (except during the last six days of a session of Congress),

17 immediately after the Pledge of Allegiance to the Flag,

18 a motion to discharge that has been on the calendar for

19 at least seven legislative days shall be privileged if called

20 up by a Member whose signature appears thereon. When

21 such a motion is called up, the House shall proceed to

22 its consideration under this paragraph without intervening

23 motion except one motion to adjourn. Privileged motions

24 to discharge shall have precedence in the order of their

25 entry on the Journal.
158

HRES 5 ATH

1 (2) When a motion to discharge is called up, the bill

2 or resolution to which it relates shall be read by title only.

3 The motion is debatable for 20 minutes, one-half in favor

4 of the motion and one-half in opposition thereto.

5 (e)(1) If a motion prevails to discharge the Commit6 tee on Rules from consideration of a resolution, the House

7 shall immediately consider the resolution, pending which

8 the Speaker may entertain one motion that the House ad9 journ. After the result of such a motion to adjourn is an10 nounced, the Speaker may not entertain any other dilatory

11 motion until the resolution has been disposed of. If the

12 resolution is adopted, the House shall immediately proceed

13 to its execution.

14 (2) If a motion prevails to discharge a standing com15 mittee from consideration of a public bill or public resolu16 tion, a motion that the House proceed to the immediate

17 consideration of such bill or resolution shall be privileged

18 if offered by a Member whose signature appeared on the

19 motion to discharge. The motion to proceed is not debat20 able. If the motion to proceed is adopted, the bill or resolu21 tion shall be considered immediately under the general

22 rules of the House. If unfinished before adjournment of

23 the day on which it is called up, the bill or resolution shall

24 remain the unfinished business until it is disposed of. If

25 the motion to proceed is rejected, the bill or resolution
159

HRES 5 ATH

1 shall be referred to the appropriate calendar, where it shall

2 have the same status as if the committee from which it

3 was discharged had duly reported it to the House.

4 (f)(1) When a motion to discharge originated under

5 this clause has once been acted on by the House, it shall

6 not be in order to entertain during the same session of

7 Congress—

8 (A) a motion to discharge a committee from

9 consideration of that bill or resolution or of any

10 other bill or resolution that, by relating in substance

11 to or dealing with the same subject matter, is sub12 stantially the same; or

13 (B) a motion to discharge the Committee on

14 Rules from consideration of a resolution providing a

15 special order of business for the consideration of

16 that bill or resolution or of any other bill or resolu17 tion that, by relating in substance to or dealing with

18 the same subject matter, is substantially the same.

19 (2) A motion to discharge on the Calendar of Motions

20 to Discharge Committees that is rendered out of order

21 under subparagraph (1) shall be stricken from that cal22 endar.
160

HRES 5 ATH

1 Adverse report by the Committee on Rules, second and

2 fourth Mondays

3 3. An adverse report by the Committee on Rules on

4 a resolution proposing a special order of business for the

5 consideration of a public bill or public joint resolution may

6 be called up under clause 6(e) of rule XIII as a privileged

7 question by a Member, Delegate, or Resident Commis8 sioner on a day when it is in order to consider a motion

9 to discharge committees under clause 2.

10 District of Columbia business, second and fourth

11 Mondays

12 4. The second and fourth Mondays of a month shall

13 be set apart for the consideration of such District of Co14 lumbia business as may be called up by the Committee

15 on Government Reform after the disposition of motions

16 to discharge committees and after the disposal of such

17 business on the Speaker’s table as requires reference only.

18 Private Calendar, first and third Tuesdays

19 5. (a) On the first Tuesday of a month, the Speaker

20 shall direct the Clerk to call the bills and resolutions on

21 the Private Calendar after disposal of such business on

22 the Speaker’s table as requires reference only. If two or

23 more Members, Delegates, or the Resident Commissioner

24 object to the consideration of a bill or resolution so called,

25 it shall be recommitted to the committee that reported it.

26 No other business shall be in order before completion of
161

HRES 5 ATH

1 the call of the Private Calendar on this day unless two2 thirds of the Members voting, a quorum being present,

3 agree to a motion that the House dispense with the call.

4 (b)(1) On the third Tuesday of a month, after the

5 disposal of such business on the Speaker’s table as re6 quires reference only, the Speaker may direct the Clerk

7 to call the bills and resolutions on the Private Calendar.

8 Preference shall be given to omnibus bills containing the

9 texts of bills or resolutions that have previously been ob10 jected to on a call of the Private Calendar. If two or more

11 Members, Delegates, or the Resident Commissioner object

12 to the consideration of a bill or resolution so called (other

13 than an omnibus bill), it shall be recommitted to the com14 mittee that reported it. Two-thirds of the Members voting,

15 a quorum being present, may adopt a motion that the

16 House dispense with the call on this day.

17 (2) Omnibus bills shall be read for amendment by

18 paragraph. No amendment shall be in order except to

19 strike or to reduce amounts of money or to provide limita20 tions. An item or matter stricken from an omnibus bill

21 may not thereafter during the same session of Congress

22 be included in an omnibus bill. Upon passage such an om23 nibus bill shall be resolved into the several bills and resolu24 tions of which it is composed. The several bills and resolu25 tions, with any amendments adopted by the House, shall
162

HRES 5 ATH

1 be engrossed, when necessary, and otherwise considered

2 as passed severally by the House as distinct bills and reso3 lutions.

4 (c) The Speaker may not entertain a reservation of

5 the right to object to the consideration of a bill or resolu6 tion under this clause. A bill or resolution considered

7 under this clause shall be considered in the House as in

8 the Committee of the Whole. A motion to dispense with

9 the call of the Private Calendar under this clause shall

10 be privileged. Debate on such a motion shall be limited

11 to five minutes in support and five minutes in opposition.

12 Corrections Calendar, second and fourth Tuesdays

13 6. (a) After a bill has been favorably reported and

14 placed on either the Union or House Calendar, the Speak15 er, after consultation with the Minority Leader, may direct

16 the Clerk also to place the bill on the ‘‘Corrections Cal17 endar.’’ At any time on the second and fourth Tuesdays

18 of a month, the Speaker may direct the Clerk to call a

19 bill that has been on the Corrections Calendar for three

20 legislative days.

21 (b) A bill called from the Corrections Calendar shall

22 be considered in the House, is debatable for one hour

23 equally divided and controlled by the chairman and rank24 ing minority member of the primary committee of jurisdic25 tion, and shall not be subject to amendment except those
163

HRES 5 ATH

1 recommended by the primary committee of jurisdiction or

2 offered by the chairman of the primary committee or a

3 designee. The previous question shall be considered as or4 dered on the bill and any amendments thereto to final pas5 sage without intervening motion except one motion to re6 commit with or without instructions.

7 (c) The approval of three-fifths of the Members vot8 ing, a quorum being present, shall be required to pass a

9 bill called from the Corrections Calendar. The rejection

10 of a bill so called, or the sustaining of a point of order

11 against it or against its consideration, does not cause its

12 removal from the Calendar to which it was originally re13 ferred.

14 Calendar Call of Committees, Wednesdays

15 7. (a) On Wednesday of each week, business shall not

16 be in order before completion of the call of the committees

17 (except as provided by clause 4 of rule XIV) unless two18 thirds of the Members voting, a quorum being present,

19 agree to a motion that the House dispense with the call.

20 Such a motion shall be privileged. Debate on such a mo21 tion shall be limited to five minutes in support and five

22 minutes in opposition.

23 (b) A bill or resolution on either the House or the

24 Union Calendar, except bills or resolutions that are privi25 leged under the Rules of the House, may be called under
164

HRES 5 ATH

1 this clause. A bill or resolution called up from the Union

2 Calendar shall be considered in the Committee of the

3 Whole House on the state of the Union without motion,

4 subject to clause 3 of rule XVI. General debate on a meas5 ure considered under this clause shall be confined to the

6 measure and may not exceed two hours equally divided

7 between a proponent and an opponent.

8 (c) When a committee has occupied the call under

9 this clause on one Wednesday, it shall not be in order on

10 a succeeding Wednesday to consider unfinished business

11 previously called up by that committee until the other

12 committees have been called in their turn unless—

13 (1) the previous question has been ordered on

14 such unfinished business; or

15 (2) the House adopts a motion to dispense with

16 the call under paragraph (a).

17 (d) If any committee has not been called under this

18 clause during a session of a Congress, then at the next

19 session of that Congress the call shall resume where it left

20 off at the end of the preceding session.

21 (e) This rule does not apply during the last two weeks

22 of a session of Congress.

23 (f) The Speaker may not entertain a motion for a

24 recess on a Wednesday except during the last two weeks

25 of a session of Congress.
165

HRES 5 ATH

1 RULE XVI.

2 MOTIONS AND AMENDMENTS.

3 Motions

4 1. Every motion entertained by the Speaker shall be

5 reduced to writing on the demand of a Member, Delegate,

6 or Resident Commissioner and, unless it is withdrawn the

7 same day, shall be entered on the Journal with the name

8 of the Member, Delegate, or Resident Commissioner offer9 ing it. A dilatory motion may not be entertained by the

10 Speaker.

11 Withdrawal

12 2. When a motion is entertained, the Speaker shall

13 state it or cause it to be read aloud by the Clerk before

14 it is debated. The motion then shall be in the possession

15 of the House but may be withdrawn at any time before

16 a decision or amendment thereon.

17 Question of consideration

18 3. When a motion or proposition is entertained, the

19 question, ‘‘Will the House now consider it?’’ may not be

20 put unless demanded by a Member, Delegate, or Resident

21 Commissioner.

22 Precedence of motions

23 4. (a) When a question is under debate, only the fol24 lowing motions may be entertained (which shall have prec25 edence in the following order):
166

HRES 5 ATH

1 (1) To adjourn.

2 (2) To lay on the table.

3 (3) For the previous question.

4 (4) To postpone to a day certain.

5 (5) To refer.

6 (6) To amend.

7 (7) To postpone indefinitely.

8 (b) A motion to adjourn, to lay on the table, or for

9 the previous question shall be decided without debate. A

10 motion to postpone to a day certain, to refer, or to post11 pone indefinitely, being decided, may not be allowed again

12 on the same day at the same stage of the question.

13 (c)(1) It shall be in order at any time for the Speaker,

14 in his discretion, to entertain a motion—

15 (A) that the Speaker be authorized to declare

16 a recess; or

17 (B) that when the House adjourns it stand ad18 journed to a day and time certain.

19 (2) Either motion shall be of equal privilege with the

20 motion to adjourn and shall be decided without debate.

21 Divisibility

22 5. (a) Except as provided in paragraph (b), a ques23 tion shall be divided on the demand of a Member, Dele24 gate, or Resident Commissioner before the question is put
167

HRES 5 ATH

1 if it includes propositions so distinct in substance that,

2 one being taken away, a substantive proposition remains.

3 (b)(1) A motion or resolution to elect members to a

4 standing committee of the House, or to a joint standing

5 committee, is not divisible.

6 (2) A resolution or order reported by the Committee

7 on Rules providing a special order of business is not divis8 ible.

9 (c) A motion to strike and insert is not divisible, but

10 rejection of a motion to strike does not preclude another

11 motion to amend.

12 Amendments

13 6. When an amendable proposition is under consider14 ation, a motion to amend and a motion to amend that

15 amendment shall be in order, and it also shall be in order

16 to offer a further amendment by way of substitute for the

17 original motion to amend, to which one amendment may

18 be offered but which may not be voted on until the original

19 amendment is perfected. An amendment may be with20 drawn in the House at any time before a decision or

21 amendment thereon. An amendment to the title of a bill

22 or resolution shall not be in order until after its passage

23 or adoption and shall be decided without debate.
168

HRES 5 ATH

1 Germaneness

2 7. No motion or proposition on a subject different

3 from that under consideration shall be admitted under

4 color of amendment.

5 Readings

6 8. Bills and joint resolutions are subject to readings

7 as follows:

8 (a) A first reading is in full when the bill or

9 joint resolution is first considered.

10 (b) A second reading occurs only when the bill

11 or joint resolution is read for amendment in a Com12 mittee of the Whole House on the state of the Union

13 under clause 5 of rule XVIII.

14 (c) A third reading precedes passage when the

15 Speaker states the question: ‘‘Shall the bill [or joint

16 resolution] be engrossed [when applicable] and read

17 a third time?’’ If that question is decided in the af18 firmative, then the bill or joint resolution shall be

19 read the final time by title and then the question

20 shall be put on its passage.

21 RULE XVII.

22 DECORUM AND DEBATE.

23 Decorum

24 1. (a) A Member, Delegate, or Resident Commis25 sioner who desires to speak or deliver a matter to the

26 House shall rise and respectfully address himself to ‘‘Mr.
169

HRES 5 ATH

1 Speaker’’ and, on being recognized, may address the

2 House from any place on the floor. When invited by the

3 Chair, a Member, Delegate, or Resident Commissioner

4 may speak from the Clerk’s desk.

5 (b)(1) Remarks in debate shall be confined to the

6 question under debate, avoiding personality.

7 (2)(A) Except as provided in subdivision (B), debate

8 may not include characterizations of Senate action or inac9 tion, references to individual Members of the Senate, or

10 quotations from Senate proceedings.

11 (B) Debate may include references to actions taken

12 by the Senate or by committees thereof that are a matter

13 of public record; references to the pendency or sponsorship

14 in the Senate of bills, resolutions, and amendments; fac15 tual descriptions relating to Senate action or inaction con16 cerning a measure then under debate in the House; and

17 quotations from Senate proceedings on a measure then

18 under debate in the House that are relevant to the making

19 of legislative history establishing the meaning of that

20 measure.

21 Recognition

22 2. When two or more Members, Delegates, or the

23 Resident Commissioner rise at once, the Speaker shall

24 name the Member, Delegate, or Resident Commissioner

25 who is first to speak. A Member, Delegate, or Resident
170

HRES 5 ATH

1 Commissioner may not occupy more than one hour in de2 bate on a question in the House or in the Committee of

3 the Whole House on the state of the Union except as oth4 erwise provided in this rule.

5 Managing Debate

6 3. (a) The Member, Delegate, or Resident Commis7 sioner who calls up a measure may open and close debate

8 thereon. When general debate extends beyond one day,

9 that Member, Delegate, or Resident Commissioner shall

10 be entitled to one hour to close without regard to the time

11 used in opening.

12 (b) Except as provided in paragraph (a), a Member,

13 Delegate, or Resident Commissioner may not speak more

14 than once to the same question without leave of the House.

15 (c) A manager of a measure who opposes an amend16 ment thereto is entitled to close controlled debate thereon.

17 Call to order

18 4. (a) If a Member, Delegate, or Resident Commis19 sioner, in speaking or otherwise, transgresses the Rules

20 of the House, the Speaker shall, or a Member, Delegate,

21 or Resident Commissioner may, call to order the offending

22 Member, Delegate, or Resident Commissioner, who shall

23 immediately sit down unless permitted on motion of an24 other Member, Delegate, or the Resident Commissioner to

25 explain. If a Member, Delegate, or Resident Commissioner
171

HRES 5 ATH

1 is called to order, the Member, Delegate, or Resident Com2 missioner making the call to order shall indicate the words

3 excepted to, which shall be taken down in writing at the

4 Clerk’s desk and read aloud to the House.

5 (b) The Speaker shall decide the validity of a call to

6 order. The House, if appealed to, shall decide the question

7 without debate. If the decision is in favor of the Member,

8 Delegate, or Resident Commissioner called to order, the

9 Member, Delegate, or Resident Commissioner shall be at

10 liberty to proceed, but not otherwise. If the case requires

11 it, an offending Member, Delegate, or Resident Commis12 sioner shall be liable to censure or such other punishment

13 as the House may consider proper. A Member, Delegate,

14 or Resident Commissioner may not be held to answer a

15 call to order, and may not be subject to the censure of

16 the House therefor, if further debate or other business has

17 intervened.

18 Comportment

19 5. When the Speaker is putting a question or address20 ing the House, a Member, Delegate, or Resident Commis21 sioner may not walk out of or across the Hall. When a

22 Member, Delegate, or Resident Commissioner is speaking,

23 a Member, Delegate, or Resident Commissioner may not

24 pass between the person speaking and the Chair. During

25 the session of the House, a Member, Delegate, or Resident
172

HRES 5 ATH

1 Commissioner may not wear a hat or remain by the

2 Clerk’s desk during the call of the roll or the counting

3 of ballots. A person may not smoke or use any personal,

4 electronic office equipment, including cellular phones and

5 computers, on the floor of the House. The Sergeant-at6 Arms is charged with the strict enforcement of this clause.

7 Exhibits

8 6. When the use of an exhibit in debate is objected

9 to by a Member, Delegate, or Resident Commissioner, its

10 use shall be decided without debate by a vote of the House.

11 Galleries

12 7. During a session of the House, it shall not be in

13 order for a Member, Delegate, or Resident Commissioner

14 to introduce to or to bring to the attention of the House

15 an occupant in the galleries of the House. The Speaker

16 may not entertain a request for the suspension of this rule

17 by unanimous consent or otherwise.

18 Congressional Record

19 8. (a) The Congressional Record shall be a substan20 tially verbatim account of remarks made during the pro21 ceedings of the House, subject only to technical, grammat22 ical, and typographical corrections authorized by the Mem23 ber, Delegate, or Resident Commissioner making the re24 marks.
173

HRES 5 ATH

1 (b) Unparliamentary remarks may be deleted only by

2 permission or order of the House.

3 (c) This clause establishes a standard of conduct

4 within the meaning of clause 3(a)(2) of rule XI.

5 Secret sessions

6 9. When confidential communications are received

7 from the President, or when the Speaker or a Member,

8 Delegate, or Resident Commissioner informs the House

9 that he has communications that he believes ought to be

10 kept secret for the present, the House shall be cleared of

11 all persons except the Members, Delegates, Resident Com12 missioner, and officers of the House for the reading of

13 such communications, and debates and proceedings there14 on, unless otherwise ordered by the House.

15 RULE XVIII.

16 THE COMMITTEE OF THE WHOLE HOUSE ON THE

17 STATE OF THE UNION.

18 Resolving into the Committee of the Whole

19 1. Whenever the House resolves into the Committee

20 of the Whole House on the state of the Union, the Speaker

21 shall leave the chair after appointing a Chairman to pre22 side. In case of disturbance or disorderly conduct in the

23 galleries or lobby, the Chairman may cause the same to

24 be cleared.
174

HRES 5 ATH

1 2. (a) Except as provided in paragraph (b) and in

2 clause 7 of rule XV, the House resolves into the Commit3 tee of the Whole House on the state of the Union by mo4 tion. When such a motion is entertained, the Speaker shall

5 put the question without debate: ‘‘Shall the House resolve

6 itself into the Committee of the Whole House on the state

7 of the Union for consideration of this matter?’’, naming

8 it.

9 (b) After the House has adopted a resolution reported

10 by the Committee on Rules providing a special order of

11 business for the consideration of a measure in the Com12 mittee of the Whole House on the state of the Union, the

13 Speaker may at any time, when no question is pending

14 before the House, declare the House resolved into the

15 Committee of the Whole for the consideration of that

16 measure without intervening motion, unless the special

17 order of business provides otherwise.

18 Measures requiring initial consideration in the Com19 mittee of the Whole

20 3. All bills, resolutions, or Senate amendments (as

21 provided in clause 3 of rule XXII) involving a tax or

22 charge on the people, raising revenue, directly or indirectly

23 making appropriations of money or property or requiring

24 such appropriations to be made, authorizing payments out

25 of appropriations already made, releasing any liability to
175

HRES 5 ATH

1 the United States for money or property, or referring a

2 claim to the Court of Claims, shall be first considered in

3 the Committee of the Whole House on the state of the

4 Union. A bill, resolution, or Senate amendment that fails

5 to comply with this clause is subject to a point of order

6 against its consideration.

7 Order of business

8 4. (a) Subject to subparagraph (b) business on the

9 calendar of the Committee of the Whole House on the

10 state of the Union may be taken up in regular order, or

11 in such order as the Committee may determine, unless the

12 measure to be considered was determined by the House

13 at the time of resolving into the Committee of the Whole.

14 (b) Motions to resolve into the Committee of the

15 Whole for consideration of bills and joint resolutions mak16 ing general appropriations have precedence under this

17 clause.

18 Reading for amendment

19 5. (a) Before general debate commences on a measure

20 in the Committee of the Whole House on the state of the

21 Union, it shall be read in full. When general debate is con22 cluded or closed by order of the House, the measure under

23 consideration shall be read for amendment. A Member,

24 Delegate, or Resident Commissioner who offers an amend25 ment shall be allowed five minutes to explain it, after
176

HRES 5 ATH

1 which the Member, Delegate, or Resident Commissioner

2 who shall first obtain the floor shall be allowed five min3 utes to speak in opposition to it. There shall be no further

4 debate thereon, but the same privilege of debate shall be

5 allowed in favor of and against any amendment that may

6 be offered to an amendment. An amendment, or an

7 amendment to an amendment, may be withdrawn by its

8 proponent only by the unanimous consent of the Commit9 tee of the Whole.

10 (b) When a Member, Delegate, or Resident Commis11 sioner offers an amendment in the Committee of the

12 Whole House on the state of the Union, the Clerk shall

13 promptly transmit five copies of the amendment to the

14 majority committee table and five copies to the minority

15 committee table. The Clerk also shall deliver at least one

16 copy of the amendment to the majority cloakroom and at

17 least one copy to the minority cloakroom.

18 Quorum and voting

19 6. (a) A quorum of a Committee of the Whole House

20 on the state of the Union is 100 Members. The first time

21 that a Committee of the Whole finds itself without a

22 quorum during a day, the Chairman shall invoke the pro23 cedure for a quorum call set forth in clause 2 of rule XX,

24 unless he elects to invoke an alternate procedure set forth

25 in clause 3 or clause 4(a) of rule XX. If a quorum appears,
177

HRES 5 ATH

1 the Committee of the Whole shall continue its business.

2 If a quorum does not appear, the Committee of the Whole

3 shall rise, and the Chairman shall report the names of ab4 sentees to the House.

5 (b)(1) The Chairman may refuse to entertain a point

6 of order that a quorum is not present during general de7 bate.

8 (2) After a quorum has once been established on a

9 day, the Chairman may entertain a point of order that

10 a quorum is not present only when the Committee of the

11 Whole House on the state of the Union is operating under

12 the five-minute rule and the Chairman has put the pend13 ing proposition to a vote.

14 (3) Upon sustaining a point of order that a quorum

15 is not present, the Chairman may announce that, following

16 a regular quorum call under paragraph (a), the minimum

17 time for electronic voting on the pending question shall

18 be five minutes.

19 (c) When ordering a quorum call in the Committee

20 of the Whole House on the state of the Union, the Chair21 man may announce an intention to declare that a quorum

22 is constituted at any time during the quorum call when

23 he determines that a quorum has appeared. If the Chair24 man interrupts the quorum call by declaring that a

25 quorum is constituted, proceedings under the quorum call
178

HRES 5 ATH

1 shall be considered as vacated, and the Committee of the

2 Whole shall continue its sitting and resume its business.

3 (d) A quorum is not required in the Committee of

4 the Whole House on the state of the Union for adoption

5 of a motion that the Committee rise.

6 (e) In the Committee of the Whole House on the state

7 of the Union, the Chairman shall order a recorded vote

8 on a request supported by at least 25 Members.

9 (f) In the Committee of the Whole House on the state

10 of the Union, the Chairman may reduce to five minutes

11 the minimum time for electronic voting without any inter12 vening business or debate on any or all pending amend13 ments after a record vote has been taken on the first pend14 ing amendment.

15 Dispensing with the reading of an amendment

16 7. It shall be in order in the Committee of the Whole

17 House on the state of the Union to move that the Commit18 tee of the Whole dispense with the reading of an amend19 ment that has been printed in the bill or resolution as re20 ported by a committee, or an amendment that a Member,

21 Delegate, or Resident Commissioner has caused to be

22 printed in the Congressional Record. Such a motion shall

23 be decided without debate.
179

HRES 5 ATH

1 Closing debate

2 8. (a) Subject to paragraph (b) at any time after the

3 Committee of the Whole House on the state of the Union

4 has begun five-minute debate on amendments to any por5 tion of a bill or resolution, it shall be in order to move

6 that the Committee of the Whole close all debate on that

7 portion of the bill or resolution or on the pending amend8 ments only. Such a motion shall be decided without de9 bate. The adoption of such a motion does not preclude

10 further amendment, to be decided without debate.

11 (b) If the Committee of the Whole House on the state

12 of the Union closes debate on any portion of a bill or reso13 lution before there has been debate on an amendment that

14 a Member, Delegate, or Resident Commissioner has

15 caused to be printed in the Congressional Record at least

16 one day before its consideration, the Member, Delegate,

17 or Resident Commissioner who caused the amendment to

18 be printed in the Record shall be allowed five minutes to

19 explain it, after which the Member, Delegate, or Resident

20 Commissioner who shall first obtain the floor shall be al21 lowed five minutes to speak in opposition to it. There shall

22 be no further debate thereon.

23 (c) Material submitted for printing in the Congres24 sional Record under this rule shall indicate the full text

25 of the proposed amendment, the name of the Member,

26 Delegate, or Resident Commissioner proposing it, the
180

HRES 5 ATH

1 number of the bill or resolution to which it will be offered,

2 and the point in the bill or resolution or amendment there3 to where the amendment is intended to be offered. The

4 amendment shall appear in a portion of the Record des5 ignated for that purpose. Amendments to a specified

6 measure submitted for printing in that portion of the

7 Record shall be numbered in the order printed.

8 Striking the enacting clause

9 9. A motion that the Committee of the Whole House

10 on the state of the Union rise and report a bill or resolu11 tion to the House with the recommendation that the enact12 ing or resolving clause be stricken shall have precedence

13 of a motion to amend, and, if carried in the House, shall

14 constitute a rejection of the bill or resolution. Whenever

15 a bill or resolution is reported from the Committee of the

16 Whole with such adverse recommendation and the rec17 ommendation is rejected by the House, the bill or resolu18 tion shall stand recommitted to the Committee of the

19 Whole without further action by the House. Before the

20 question of concurrence is submitted, it shall be in order

21 to move that the House refer the bill or resolution to a

22 committee, with or without instructions. If a bill or resolu23 tion is so referred, then when it is again reported to the

24 House it shall be referred to the Committee of the Whole

25 without debate.
181

HRES 5 ATH

1 Concurrent resolution on the budget

2 10. (a) At the conclusion of general debate in the

3 Committee of the Whole House on the state of the Union

4 on a concurrent resolution on the budget under section

5 305(a) of the Congressional Budget Act of 1974, the con6 current resolution shall be considered as read for amend7 ment.

8 (b) It shall not be in order in the House or in the

9 Committee of the Whole House on the state of the Union

10 to consider an amendment to a concurrent resolution on

11 the budget, or an amendment thereto, unless the concur12 rent resolution, as amended by such amendment or

13 amendments—

14 (1) would be mathematically consistent except

15 as limited by paragraph (c); and

16 (2) would contain all the matter set forth in

17 paragraphs (1) through (5) of section 301(a) of the

18 Congressional Budget Act of 1974.

19 (c)(1) Except as specified in subparagraph (2), it

20 shall not be in order in the House or in the Committee

21 of the Whole House on the state of the Union to consider

22 an amendment to a concurrent resolution on the budget,

23 or an amendment thereto, that proposes to change the

24 amount of the appropriate level of the public debt set forth

25 in the concurrent resolution, as reported.
182

HRES 5 ATH

1 (2) Amendments to achieve mathematical consistency

2 under section 305(a)(5) of the Congressional Budget Act

3 of 1974, if offered by direction of the Committee on the

4 Budget, may propose to adjust the amount of the appro5 priate level of the public debt set forth in the concurrent

6 resolution, as reported, to reflect changes made in other

7 figures contained in the concurrent resolution.

8 Unfunded mandates

9 11. (a) In the Committee of the Whole House on the

10 state of the Union, an amendment proposing only to strike

11 an unfunded mandate from the portion of the bill then

12 open to amendment, if otherwise in order, may be pre13 cluded from consideration only by specific terms of a spe14 cial order of the House.

15 (b) In this clause the term ‘‘unfunded mandate’’

16 means a Federal intergovernmental mandate the direct

17 costs of which exceed the threshold otherwise specified for

18 a reported bill or joint resolution in section 424(a)(1) of

19 the Congressional Budget Act of 1974.

20 Applicability of Rules of the House

21 12. The Rules of the House are the rules of the Com22 mittee of the Whole House on the state of the Union so

23 far as applicable.
183

HRES 5 ATH

1 RULE XIX.

2 MOTIONS FOLLOWING THE AMENDMENT STAGE.

3 Previous question

4 1. (a) There shall be a motion for the previous ques5 tion, which, being ordered, shall have the effect of cutting

6 off all debate and bringing the House to a direct vote on

7 the immediate question or questions on which it has been

8 ordered. Whenever the previous question has been ordered

9 on an otherwise debatable question on which there has

10 been no debate, it shall be in order to debate that question

11 for 40 minutes, equally divided and controlled by a pro12 ponent of the question and an opponent. The previous

13 question may be moved and ordered on a single question,

14 on a series of questions allowable under the rules, or on

15 an amendment or amendments, or may embrace all au16 thorized motions or amendments and include the bill or

17 resolution to its passage, adoption, or rejection.

18 (b) Incidental questions of order arising during the

19 pendency of a motion for the previous question shall be

20 decided, whether on appeal or otherwise, without debate.

21 Recommit

22 2. (a) After the previous question has been ordered

23 on passage or adoption of a measure, or pending a motion

24 to that end, it shall be in order to move that the House

25 recommit (or commit, as the case may be) the measure,
184

HRES 5 ATH

1 with or without instructions, to a standing or select com2 mittee. For such a motion to recommit, the Speaker shall

3 give preference in recognition to a Member, Delegate, or

4 Resident Commissioner who is opposed to the measure.

5 (b) Except as provided in paragraph (c), if a motion

6 that the House recommit a bill or joint resolution on which

7 the previous question has been ordered to passage includes

8 instructions, it shall be debatable for 10 minutes equally

9 divided between the proponent and an opponent.

10 (c) On demand of the floor manager for the majority,

11 it shall be in order to debate the motion for one hour

12 equally divided and controlled by the proponent and an

13 opponent.

14 Reconsideration

15 3. When a motion has been carried or lost, it shall

16 be in order on the same or succeeding day for a Member

17 on the prevailing side of the question to enter a motion

18 for the reconsideration thereof. The entry of such a motion

19 shall take precedence over all other questions except the

20 consideration of a conference report or a motion to ad21 journ, and may not be withdrawn after such succeeding

22 day without the consent of the House. Once entered, a

23 motion may be called up for consideration by any Member.

24 During the last six days of a session of Congress, such

25 a motion shall be disposed of when entered.
185

HRES 5 ATH

1 4. A bill, petition, memorial, or resolution referred to

2 a committee, or reported therefrom for printing and re3 commitment, may not be brought back to the House on

4 a motion to reconsider.

5 RULE XX.

6 VOTING AND QUORUM CALLS.

7 1. (a) The House shall divide after the Speaker has

8 put a question to a vote by voice as provided in clause

9 6 of rule I if the Speaker is in doubt or division is de10 manded. Those in favor of the question shall first rise

11 from their seats to be counted, and then those opposed.

12 (b) If a Member, Delegate, or Resident Commissioner

13 requests a recorded vote, and that request is supported

14 by at least one-fifth of a quorum, the vote shall be taken

15 by electronic device unless the Speaker invokes another

16 procedure for recording votes provided in this rule. A re17 corded vote taken in the House under this paragraph shall

18 be considered a vote by the yeas and nays.

19 (c) In case of a tie vote, a question shall be lost.

20 2. (a) Unless the Speaker directs otherwise, the Clerk

21 shall conduct a record vote or quorum call by electronic

22 device. In such a case the Clerk shall enter on the Journal

23 and publish in the Congressional Record, in alphabetical

24 order in each category, the names of Members recorded

25 as voting in the affirmative, the names of Members re-
186

HRES 5 ATH

1 corded as voting in the negative, and the names of Mem2 bers answering present as if they had been called in the

3 manner provided in clause 3. Except as otherwise per4 mitted under clause 9 or 10 of this rule or under clause

5 6 of rule XVIII, the minimum time for a record vote or

6 quorum call by electronic device shall be 15 minutes.

7 (b) When the electronic voting system is inoperable

8 or is not used, the Speaker or Chairman may direct the

9 Clerk to conduct a record vote or quorum call as provided

10 in clause 3 or 4.

11 3. The Speaker may direct the Clerk to conduct a

12 record vote or quorum call by call of the roll. In such a

13 case the Clerk shall call the names of Members, alphabeti14 cally by surname. When two or more have the same sur15 name, the name of the State (and, if necessary to distin16 guish among Members from the same State, the given

17 names of the Members) shall be added. After the roll has

18 been called once, the Clerk shall call the names of those

19 not recorded, alphabetically by surname. Members appear20 ing after the second call, but before the result is an21 nounced, may vote or announce a pair.

22 4. (a) The Speaker may direct a record vote or

23 quorum call to be conducted by tellers. In such a case the

24 tellers named by the Speaker shall record the names of

25 the Members voting on each side of the question or record
187

HRES 5 ATH

1 their presence, as the case may be, which the Clerk shall

2 enter on the Journal and publish in the Congressional

3 Record. Absentees shall be noted, but the doors may not

4 be closed except when ordered by the Speaker. The mini5 mum time for a record vote or quorum call by tellers shall

6 be 15 minutes.

7 (b) On the demand of a Member, or at the suggestion

8 of the Speaker, the names of Members sufficient to make

9 a quorum in the Hall of the House who do not vote shall

10 be noted by the Clerk, entered on the Journal, reported

11 to the Speaker with the names of the Members voting,

12 and be counted and announced in determining the pres13 ence of a quorum to do business.

14 5. (a) In the absence of a quorum, a majority com15 prising at least 15 Members, which may include the

16 Speaker, may compel the attendance of absent Members.

17 (b) Subject to clause 7(b) a majority of those present

18 may order the Sergeant-at-Arms to send officers ap19 pointed by him to arrest those Members for whom no suf20 ficient excuse is made and shall secure and retain their

21 attendance. The House shall determine on what condition

22 they shall be discharged. Unless the House otherwise di23 rects, the Members who voluntarily appear shall be admit24 ted immediately to the Hall of the House and shall report
188

HRES 5 ATH

1 their names to the Clerk to be entered on the Journal as

2 present.

3 6. (a) When a quorum fails to vote on a question,

4 a quorum is not present, and objection is made for that

5 cause (unless the House shall adjourn)—

6 (1) there shall be a call of the House;

7 (2) the Sergeant-at-Arms shall proceed forth8 with to bring in absent Members; and

9 (3) the yeas and nays on the pending question

10 shall at the same time be considered as ordered.

11 (b) The Clerk shall record Members by the yeas and

12 nays on the pending question, using such procedure as the

13 Speaker may invoke under clause 2, 3, or 4. Each Member

14 arrested under this clause shall be brought by the Ser15 geant-at-Arms before the House, whereupon he shall be

16 noted as present, discharged from arrest, and given an op17 portunity to vote; and his vote shall be recorded. If those

18 voting on the question and those who are present and de19 cline to vote together make a majority of the House, the

20 Speaker shall declare that a quorum is constituted, and

21 the pending question shall be decided as the requisite ma22 jority of those voting shall have determined. Thereupon

23 further proceedings under the call shall be considered as

24 dispensed with.
189

HRES 5 ATH

1 (c) At any time after Members have had the requisite

2 opportunity to respond by the yeas and nays, but before

3 a result has been announced, the Speaker may entertain

4 a motion that the House adjourn if seconded by a majority

5 of those present, to be ascertained by actual count by the

6 Speaker. If the House adjourns on such a motion, all pro7 ceedings under this clause shall be considered as vacated.

8 7. (a) The Speaker may not entertain a point of order

9 that a quorum is not present unless a question has been

10 put to a vote.

11 (b) Subject to paragraph (c) the Speaker may recog12 nize a Member, Delegate, or Resident Commissioner to

13 move a call of the House at any time. When a quorum

14 is established pursuant to a call of the House, further pro15 ceedings under the call shall be considered as dispensed

16 with unless the Speaker recognizes for a motion to compel

17 attendance of Members under clause 5(b).

18 (c) A call of the House shall not be in order after

19 the previous question is ordered unless the Speaker deter20 mines by actual count that a quorum is not present.

21 Postponement of proceedings

22 8. (a)(1) When a recorded vote is ordered, or the yeas

23 and nays are ordered, or a vote is objected to under clause

24 6 on any of the questions specified in subparagraph (2),

25 the Speaker may postpone further proceedings on that
190

HRES 5 ATH

1 question to a designated place in the legislative schedule

2 on that legislative day (in the case of the question of

3 agreeing to the Speaker’s approval of the Journal) or

4 within two legislative days (in the case of any other ques5 tion).

6 (2) The questions described in the subparagraph (1)

7 are as follows:

8 (A) The question of passing a bill or joint reso9 lution.

10 (B) The question of adopting a resolution or

11 concurrent resolution.

12 (C) The question of agreeing to a motion to in13 struct managers on the part of the House (except

14 that proceedings may not resume on such a motion

15 under clause 7(c) of rule XXII if the managers have

16 filed a report in the House).

17 (D) The question of agreeing to a conference

18 report.

19 (E) The question of agreeing to a motion to re20 commit a bill considered under clause 6 of rule XV.

21 (F) The question of ordering the previous ques22 tion on a question described in subdivision (A), (B),

23 (C), (D), or (E).

24 (G) The question of agreeing to an amendment

25 to a bill considered under clause 6 of rule XV.
191

HRES 5 ATH

1 (H) The question of agreeing to a motion to

2 suspend the rules.

3 (b) At the time designated by the Speaker for further

4 proceedings on questions postponed under paragraph (a),

5 the Speaker shall resume proceedings on each postponed

6 question in the order in which it was considered.

7 (c) The Speaker may reduce to five minutes the mini8 mum time for electronic voting on a question postponed

9 under this clause, or on a question incidental thereto, that

10 follows another electronic vote without intervening busi11 ness, so long as the minimum time for electronic voting

12 on the first in any series of questions is 15 minutes.

13 (d) If the House adjourns on a legislative day des14 ignated for further proceedings on questions postponed

15 under this clause without disposing of such questions, then

16 on the next legislative day the unfinished business is the

17 disposition of such questions in the order in which they

18 were considered.

19 Five-minute votes

20 9. The Speaker may reduce to five minutes the mini21 mum time for electronic voting—

22 (a) after a record vote on a motion for the pre23 vious question, on any underlying question that fol24 lows without intervening business, or on a question

25 incidental thereto;
192

HRES 5 ATH

1 (b) after a record vote on an amendment re2 ported from the Committee of the Whole House on

3 the state of the Union, on any subsequent amend4 ment to that bill or resolution reported from the

5 Committee of the Whole, or on a question incidental

6 thereto;

7 (c) after a record vote on a motion to recommit

8 a bill, resolution, or conference report, on the ques9 tion of passage or adoption, as the case may be, of

10 such bill, resolution, or conference report, or on a

11 question incidental thereto, if the question of pas12 sage or adoption follows without intervening busi13 ness the vote on the motion to recommit; or

14 (d) as provided in clause 6(b)(3) of rule XVIII,

15 clause 6(f) of rule XVIII, or clause 8 of this rule.

16 Automatic yeas and nays

17 10. The yeas and nays shall be considered as ordered

18 when the Speaker puts the question on passage of a bill

19 or joint resolution, or on adoption of a conference report,

20 making general appropriations, or increasing Federal in21 come tax rates (within the meaning of clause 5 of rule

22 XXI), or on final adoption of a concurrent resolution on

23 the budget or conference report thereon.
193

HRES 5 ATH

1 Ballot votes

2 11. In a case of ballot for election, a majority of the

3 votes shall be necessary to an election. When there is not

4 such a majority on the first ballot, the process shall be

5 repeated until a majority is obtained. In all balloting

6 blanks shall be rejected, may not be counted in the enu7 meration of votes, and may not be reported by the tellers.

8 RULE XXI.

9 RESTRICTIONS ON CERTAIN BILLS.

10 Reservation of certain points of order

11 1. At the time a general appropriation bill is reported,

12 all points of order against provisions therein shall be con13 sidered as reserved.

14 General appropriation bills and amendments

15 2. (a)(1) An appropriation may not be reported in

16 a general appropriation bill, and may not be in order as

17 an amendment thereto, for an expenditure not previously

18 authorized by law, except to continue appropriations for

19 public works and objects that are already in progress.

20 (2) A reappropriation of unexpended balances of ap21 propriations may not be reported in a general appropria22 tion bill, and may not be in order as an amendment there23 to, except to continue appropriations for public works and

24 objects that are already in progress. This subparagraph

25 does not apply to transfers of unexpended balances within

26 the department or agency for which they were originally
194

HRES 5 ATH

1 appropriated that are reported by the Committee on Ap2 propriations.

3 (b) A provision changing existing law may not be re4 ported in a general appropriation bill, including a provi5 sion making the availability of funds contingent on the re6 ceipt or possession of information not required by existing

7 law for the period of the appropriation, except germane

8 provisions that retrench expenditures by the reduction of

9 amounts of money covered by the bill (which may include

10 those recommended to the Committee on Appropriations

11 by direction of a legislative committee having jurisdiction

12 over the subject matter) and except rescissions of appro13 priations contained in appropriation Acts.

14 (c) An amendment to a general appropriation bill

15 shall not be in order if changing existing law, including

16 an amendment making the availability of funds contingent

17 on the receipt or possession of information not required

18 by existing law for the period of the appropriation. Except

19 as provided in paragraph (d), an amendment proposing

20 a limitation not specifically contained or authorized in ex21 isting law for the period of the limitation shall not be in

22 order during consideration of a general appropriation bill.

23 (d) After a general appropriation bill has been read

24 for amendment, a motion that the Committee of the Whole

25 House on the state of the Union rise and report the bill
195

HRES 5 ATH

1 to the House with such amendments as may have been

2 adopted shall, if offered by the Majority Leader or a des3 ignee, have precedence over motions to amend the bill. If

4 such a motion to rise and report is rejected or not offered,

5 amendments proposing limitations not specifically con6 tained or authorized in existing law for the period of the

7 limitation or proposing germane amendments that re8 trench expenditures by reductions of amounts of money

9 covered by the bill may be considered.

10 (e) A provision other than an appropriation des11 ignated an emergency under section 251(b)(2) or section

12 252(e) of the Balanced Budget and Emergency Deficit

13 Control Act, a rescission of budget authority, or a reduc14 tion in direct spending or an amount for a designated

15 emergency may not be reported in an appropriation bill

16 or joint resolution containing an emergency designation

17 under section 251(b)(2) or section 252(e) of such Act and

18 may not be in order as an amendment thereto.

19 (f) During the reading of an appropriation bill for

20 amendment in the Committee of the Whole House on the

21 state of the Union, it shall be in order to consider en bloc

22 amendments proposing only to transfer appropriations

23 among objects in the bill without increasing the levels of

24 budget authority or outlays in the bill. When considered

25 en bloc under this paragraph, such amendments may
196

HRES 5 ATH

1 amend portions of the bill not yet read for amendment

2 (following disposition of any points of order against such

3 portions) and is not subject to a demand for division of

4 the question in the House or in the Committee of the

5 Whole.

6 Transportation obligation limitations

7 3. It shall not be in order to consider a bill, joint

8 resolution, amendment, or conference report that would

9 cause obligation limitations to be below the level for any

10 fiscal year set forth in section 8103 of the Transportation

11 Equity Act for the 21st Century, as adjusted, for the high12 way category or the mass transit category, as applicable.

13 Appropriations on legislative bills

14 4. A bill or joint resolution carrying an appropriation

15 may not be reported by a committee not having jurisdic16 tion to report appropriations, and an amendment propos17 ing an appropriation shall not be in order during the con18 sideration of a bill or joint resolution reported by a com19 mittee not having that jurisdiction. A point of order

20 against an appropriation in such a bill, joint resolution,

21 or amendment thereto may be raised at any time during

22 pendency of that measure for amendment.

23 Tax and tariff measures and amendments

24 5. (a) A bill or joint resolution carrying a tax or tariff

25 measure may not be reported by a committee not having
197

HRES 5 ATH

1 jurisdiction to report tax or tariff measures, and an

2 amendment in the House or proposed by the Senate carry3 ing a tax or tariff measure shall not be in order during

4 the consideration of a bill or joint resolution reported by

5 a committee not having that jurisdiction. A point of order

6 against a tax or tariff measure in such a bill, joint resolu7 tion, or amendment thereto may be raised at any time dur8 ing pendency of that measure for amendment.

9 Passage of tax rate increases

10 (b) A bill or joint resolution, amendment, or con11 ference report carrying a Federal income tax rate increase

12 may not be considered as passed or agreed to unless so

13 determined by a vote of not less than three-fifths of the

14 Members voting, a quorum being present. In this para15 graph the term ‘‘Federal income tax rate increase’’ means

16 any amendment to subsection (a), (b), (c), (d), or (e) of

17 section 1, or to section 11(b) or 55(b), of the Internal Rev18 enue Code of 1986, that imposes a new percentage as a

19 rate of tax and thereby increases the amount of tax im20 posed by any such section.

21 Consideration of retroactive tax rate increases

22 (c) It shall not be in order to consider a bill, joint

23 resolution, amendment, or conference report carrying a

24 retroactive Federal income tax rate increase. In this

25 paragraph—
198

HRES 5 ATH

1 (1) the term ‘‘Federal income tax rate in2 crease’’ means any amendment to subsection (a),

3 (b), (c), (d), or (e) of section 1, or to section 11(b)

4 or 55(b), of the Internal Revenue Code of 1986, that

5 imposes a new percentage as a rate of tax and there6 by increases the amount of tax imposed by any such

7 section; and

8 (2) a Federal income tax rate increase is retro9 active if it applies to a period beginning before the

10 enactment of the provision.

11 RULE XXII.

12 HOUSE AND SENATE RELATIONS.

13 Senate amendments

14 1. A motion to disagree to Senate amendments to a

15 House bill or resolution and to request or agree to a con16 ference with the Senate, or a motion to insist on House

17 amendments to a Senate bill or resolution and to request

18 or agree to a conference with the Senate, shall be privi19 leged in the discretion of the Speaker if offered by direc20 tion of the primary committee and of all reporting commit21 tees that had initial referral of the bill or resolution.

22 2. A motion to dispose of House bills with Senate

23 amendments not requiring consideration in the Committee

24 of the Whole House on the state of the Union shall be

25 privileged.
199

HRES 5 ATH

1 3. Except as permitted by clause 1, before the stage

2 of disagreement, a Senate amendment to a House bill or

3 resolution shall be subject to the point of order that it

4 must first be considered in the Committee of the Whole

5 House on the state of the Union if, originating in the

6 House, it would be subject to such a point under clause

7 3 of rule XVIII.

8 4. When the stage of disagreement has been reached

9 on a bill or resolution with House or Senate amendments,

10 a motion to dispose of any amendment shall be privileged.

11 5. (a) Managers on the part of the House may not

12 agree to a Senate amendment described in paragraph (b)

13 unless specific authority to agree to the amendment first

14 is given by the House by a separate vote with respect

15 thereto. If specific authority is not granted, the Senate

16 amendment shall be reported in disagreement by the con17 ference committee back to the two Houses for disposition

18 by separate motion.

19 (b) The managers on the part of the House may not

20 agree to a Senate amendment described in paragraph (a)

21 that—

22 (1) would violate clause 2(a)(1) or (c) of rule

23 XXI if originating in the House; or

24 (2) proposes an appropriation on a bill other

25 than a general appropriation bill.
200

HRES 5 ATH

1 6. A Senate amendment carrying a tax or tariff meas2 ure in violation of clause 5(a) of rule XXI may not be

3 agreed to.

4 Conference reports; amendments reported in disagree5 ment

6 7. (a) The presentation of a conference report shall

7 be in order at any time except during a reading of the

8 Journal or the conduct of a record vote, a vote by division,

9 or a quorum call.

10 (b)(1) Subject to subparagraph (2) the time allotted

11 for debate on a motion to instruct managers on the part

12 of the House shall be equally divided between the majority

13 and minority parties.

14 (2) If the proponent of a motion to instruct managers

15 on the part of the House and the Member, Delegate, or

16 Resident Commissioner of the other party identified under

17 subparagraph (1) both support the motion, one-third of

18 the time for debate thereon shall be allotted to a Member,

19 Delegate, or Resident Commissioner who opposes the mo20 tion on demand of that Member, Delegate, or Resident

21 Commissioner.

22 (c)(1) A motion to instruct managers on the part of

23 the House, or a motion to discharge all managers on the

24 part of the House and to appoint new conferees, shall be

25 privileged—
201

HRES 5 ATH

1 (A) after a conference committee has been ap2 pointed for 20 calendar days without making a re3 port; and

4 (B) on the first legislative day after the cal5 endar day on which the Member, Delegate, or Resi6 dent Commissioner offering the motion announces to

7 the House his intention to do so and the form of the

8 motion.

9 (2) The Speaker may designate a time in the legisla10 tive schedule on that legislative day for consideration of

11 a motion described in subparagraph (1).

12 (3) During the last six days of a session of Congress,

13 the period of time specified in subparagraph (1)(A) shall

14 be 36 hours.

15 (d) Each conference report to the House shall be

16 printed as a report of the House. Each such report shall

17 be accompanied by a joint explanatory statement prepared

18 jointly by the managers on the part of the House and the

19 managers on the part of the Senate. The joint explanatory

20 statement shall be sufficiently detailed and explicit to in21 form the House of the effects of the report on the matters

22 committed to conference.

23 8. (a)(1) Except as specified in subparagraph (2), it

24 shall not be in order to consider a conference report

25 until—
202

HRES 5 ATH

1 (A) the third calendar day (excluding Satur2 days, Sundays, or legal holidays except when the

3 House is in session on such a day) on which the con4 ference report and the accompanying joint explana5 tory statement have been available to Members, Del6 egates, and the Resident Commissioner in the Con7 gressional Record; and

8 (B) copies of the conference report and the ac9 companying joint explanatory statement have been

10 available to Members, Delegates, and the Resident

11 Commissioner for at least two hours.

12 (2) Subparagraph (1)(A) does not apply during the

13 last six days of a session of Congress.

14 (b)(1) Except as specified in subparagraph (2), it

15 shall not be in order to consider a motion to dispose of

16 a Senate amendment reported in disagreement by a con17 ference committee until—

18 (A) the third calendar day (excluding Satur19 days, Sundays, or legal holidays except when the

20 House is in session on such a day) on which the re21 port in disagreement and any accompanying state22 ment have been available to Members, Delegates,

23 and the Resident Commissioner in the Congressional

24 Record; and
203

HRES 5 ATH

1 (B) copies of the report in disagreement and

2 any accompanying statement, together with the text

3 of the Senate amendment, have been available to

4 Members, Delegates, and the Resident Commissioner

5 for at least two hours.

6 (2) Subparagraph (1)(A) does not apply during the

7 last six days of a session of Congress.

8 (3) During consideration of a Senate amendment re9 ported in disagreement by a conference committee on a

10 general appropriation bill, a motion to insist on disagree11 ment to the Senate amendment shall be preferential to any

12 other motion to dispose of that amendment if the original

13 motion offered by the floor manager proposes to change

14 existing law and the motion to insist is offered before de15 bate on the original motion by the chairman of the com16 mittee having jurisdiction of the subject matter of the

17 amendment or a designee. Such a preferential motion shall

18 be separately debatable for one hour equally divided be19 tween its proponent and the proponent of the original mo20 tion. The previous question shall be considered as ordered

21 on the preferential motion to its adoption without inter22 vening motion.

23 (c) A conference report or a Senate amendment re24 ported in disagreement by a conference committee that
204

HRES 5 ATH

1 has been available as provided in paragraph (a) or (b)

2 shall be considered as read when called up.

3 (d)(1) Subject to subparagraph (2), the time allotted

4 for debate on a conference report or on a motion to dispose

5 of a Senate amendment reported in disagreement by a

6 conference committee shall be equally divided between the

7 majority and minority parties.

8 (2) If the floor manager for the majority and the floor

9 manager for the minority both support the conference re10 port or motion, one-third of the time for debate thereon

11 shall be allotted to a Member, Delegate, or Resident Com12 missioner who opposes the conference report or motion on

13 demand of that Member, Delegate, or Resident Commis14 sioner.

15 (e) Under clause 6(a)(2) of rule XIII, a resolution

16 proposing only to waive a requirement of this clause con17 cerning the availability of reports to Members, Delegates,

18 and the Resident Commissioner may be considered by the

19 House on the same day it is reported by the Committee

20 on Rules.

21 9. Whenever a disagreement to an amendment has

22 been committed to a conference committee, the managers

23 on the part of the House may propose a substitute that

24 is a germane modification of the matter in disagreement.

25 The introduction of any language presenting specific addi-
205

HRES 5 ATH

1 tional matter not committed to the conference committee

2 by either House does not constitute a germane modifica3 tion of the matter in disagreement. Moreover, a conference

4 report may not include matter not committed to the con5 ference committee by either House and may not include

6 a modification of specific matter committed to the con7 ference committee by either or both Houses if that modi8 fication is beyond the scope of that specific matter as com9 mitted to the conference committee.

10 10. (a)(1) A Member, Delegate, or Resident Commis11 sioner may raise a point of order against nongermane mat12 ter, as specified in subparagraph (2), before the com13 mencement of debate on—

14 (A) a conference report;

15 (B) a motion that the House recede from its

16 disagreement to a Senate amendment reported in

17 disagreement by a conference committee and concur

18 therein, with or without amendment; or

19 (C) a motion that the House recede from its

20 disagreement to a Senate amendment on which the

21 stage of disagreement has been reached and concur

22 therein, with or without amendment.

23 (2) A point of order against nongermane matter is

24 one asserting that a proposition described in subparagraph

25 (1) contains specified matter that would violate clause 7
206

HRES 5 ATH

1 of rule XVI if it were offered in the House as an amend2 ment to the underlying measure in the form it was passed

3 by the House.

4 (b) If a point of order under paragraph (a) is sus5 tained, a motion that the House reject the nongermane

6 matter identified by the point of order shall be privileged.

7 Such a motion is debatable for 40 minutes, one-half in

8 favor of the motion and one-half in opposition thereto.

9 (c) After disposition of a point of order under para10 graph (a) or a motion to reject under paragraph (b), any

11 further points of order under paragraph (a) not covered

12 by a previous point of order, and any consequent motions

13 to reject under paragraph (b), shall be likewise disposed

14 of.

15 (d)(1) If a motion to reject under paragraph (b) is

16 adopted, then after disposition of all points of order under

17 paragraph (a) and any consequent motions to reject under

18 paragraph (b), the conference report or motion, as the

19 case may be, shall be considered as rejected and the mat20 ter remaining in disagreement shall be disposed of under

21 subparagraph (2) or (3), as the case may be.

22 (2) After the House has adopted one or more motions

23 to reject nongermane matter contained in a conference re24 port under the preceding provisions of this clause—
207

HRES 5 ATH

1 (A) if the conference report accompanied a

2 House measure amended by the Senate, the pending

3 question shall be whether the House shall recede and

4 concur in the Senate amendment with an amend5 ment consisting of so much of the conference report

6 as was not rejected; and

7 (B) if the conference report accompanied a Sen8 ate measure amended by the House, the pending

9 question shall be whether the House shall insist fur10 ther on the House amendment.

11 (3) After the House has adopted one or more motions

12 to reject nongermane matter contained in a motion that

13 the House recede and concur in a Senate amendment, with

14 or without amendment, the following motions shall be

15 privileged and shall have precedence in the order stated:

16 (A) A motion that the House recede and concur

17 in the Senate amendment with an amendment in

18 writing then available on the floor.

19 (B) A motion that the House insist on its dis20 agreement to the Senate amendment and request a

21 further conference with the Senate.

22 (C) A motion that the House insist on its dis23 agreement to the Senate amendment.

24 (e) If, on a division of the question on a motion de25 scribed in paragraph (a)(1)(B) or (C), the House agrees
208

HRES 5 ATH

1 to recede, then a Member, Delegate, or Resident Commis2 sioner may raise a point of order against nongermane mat3 ter, as specified in paragraph (a)(2), before the commence4 ment of debate on concurring in the Senate amendment,

5 with or without amendment. A point of order under this

6 paragraph shall be disposed of according to the preceding

7 provisions of this clause in the same manner as a point

8 of order under paragraph (a).

9 11. It shall not be in order to consider a conference

10 report to accompany a bill or joint resolution that proposes

11 to amend the Internal Revenue Code of 1986 unless—

12 (a) the joint explanatory statement of the man13 agers includes a tax complexity analysis prepared by

14 the Joint Committee on Internal Revenue Taxation

15 in accordance with section 4022(b) of the Internal

16 Revenue Service Restructuring and Reform Act of

17 1998; or

18 (b) the chairman of the Committee on Ways

19 and Means causes such a tax complexity analysis to

20 be printed in the Congressional Record before con21 sideration of the conference report.

22 12. (a)(1) Subject to subparagraph (2), a meeting of

23 each conference committee shall be open to the public.

24 (2) In open session of the House, a motion that man25 agers on the part of the House be permitted to close to
209

HRES 5 ATH

1 the public a meeting or meetings of their conference com2 mittee shall be privileged, shall be decided without debate,

3 and shall be decided by a record vote.

4 (b) A point of order that a conference committee

5 failed to comply with paragraph (a) may be raised imme6 diately after the conference report is read or considered

7 as read. If such a point of order is sustained, the con8 ference report shall be considered as rejected, the House

9 shall be considered to have insisted on its amendments or

10 on disagreement to the Senate amendments, as the case

11 may be, and to have requested a further conference with

12 the Senate, and the Speaker may appoint new conferees

13 without intervening motion.

14 RULE XXIII.

15 STATUTORY LIMIT ON PUBLIC DEBT.

16 1. Upon adoption by Congress of a concurrent resolu17 tion on the budget under section 301 or 304 of the Con18 gressional Budget Act of 1974 that sets forth, as the ap19 propriate level of the public debt for the period to which

20 the concurrent resolution relates, an amount that is dif21 ferent from the amount of the statutory limit on the public

22 debt that otherwise would be in effect for that period, the

23 Clerk shall prepare an engrossment of a joint resolution

24 increasing or decreasing, as the case may be, the statutory

25 limit on the public debt in the form prescribed in clause
210

HRES 5 ATH

1 2. Upon engrossment of the joint resolution, the vote by

2 which the concurrent resolution on the budget was finally

3 agreed to in the House shall also be considered as a vote

4 on passage of the joint resolution in the House, and the

5 joint resolution shall be considered as passed by the House

6 and duly certified and examined. The engrossed copy shall

7 be signed by the Clerk and transmitted to the Senate for

8 further legislative action.

9 2. The matter after the resolving clause in a joint

10 resolution described in clause 1 shall be as follows: ‘‘That

11 subsection (b) of section 3101 of title 31, United States

12 Code, is amended by striking out the dollar limitation con13 tained in such subsection and inserting in lieu thereof

14 ‘$ ’.’’, with the blank being filled with a dollar limita15 tion equal to the appropriate level of the public debt set

16 forth pursuant to section 301(a)(5) of the Congressional

17 Budget Act of 1974 in the relevant concurrent resolution

18 described in clause 1. If an adopted concurrent resolution

19 under clause 1 sets forth different appropriate levels of

20 the public debt for separate periods, only one engrossed

21 joint resolution shall be prepared under clause 1; and the

22 blank referred to in the preceding sentence shall be filled

23 with the limitation that is to apply for each period.

24 3. (a) The report of the Committee on the Budget

25 on a concurrent resolution described in clause 1 and the
211

HRES 5 ATH

1 joint explanatory statement of the managers on a con2 ference report to accompany such a concurrent resolution

3 each shall contain a clear statement of the effect the even4 tual enactment of a joint resolution engrossed under this

5 rule would have on the statutory limit on the public debt.

6 (b) It shall not be in order for the House to consider

7 a concurrent resolution described in clause 1, or a con8 ference report thereon, unless the report of the Committee

9 on the Budget or the joint explanatory statement of the

10 managers complies with paragraph (a).

11 4. Nothing in this rule shall be construed as limiting

12 or otherwise affecting—

13 (a) the power of the House or the Senate to

14 consider and pass bills or joint resolutions, without

15 regard to the procedures under clause 1, that would

16 change the statutory limit on the public debt; or

17 (b) the rights of Members, Delegates, the Resi18 dent Commissioner, or committees with respect to

19 the introduction, consideration, and reporting of

20 such bills or joint resolutions.

21 5. In this rule the term ‘‘statutory limit on the public

22 debt’’ means the maximum face amount of obligations

23 issued under authority of chapter 31 of title 31, United

24 States Code, and obligations guaranteed as to principal

25 and interest by the United States (except such guaranteed
212

HRES 5 ATH

1 obligations as may be held by the Secretary of the Treas2 ury), as determined under section 3101(b) of such title

3 after the application of section 3101(a) of such title, that

4 may be outstanding at any one time.

5 RULE XXIV.

6 CODE OF OFFICIAL CONDUCT.

7 There is hereby established by and for the House the

8 following code of conduct, to be known as the ‘‘Code of

9 Official Conduct’’:

10 1. A Member, Delegate, Resident Commis11 sioner, officer, or employee of the House shall con12 duct himself at all times in a manner that shall re13 flect creditably on the House.

14 2. A Member, Delegate, Resident Commis15 sioner, officer, or employee of the House shall ad16 here to the spirit and the letter of the Rules of the

17 House and to the rules of duly constituted commit18 tees thereof.

19 3. A Member, Delegate, Resident Commis20 sioner, officer, or employee of the House may not re21 ceive compensation and may not permit compensa22 tion to accrue to his beneficial interest from any

23 source, the receipt of which would occur by virtue of

24 influence improperly exerted from his position in

25 Congress.
213

HRES 5 ATH

1 4. A Member, Delegate, Resident Commis2 sioner, officer, or employee of the House may not ac3 cept gifts except as provided by clause 5 of rule

4 XXVI.

5 5. A Member, Delegate, Resident Commis6 sioner, officer, or employee of the House may not ac7 cept an honorarium for a speech, a writing for publi8 cation, or other similar activity, except as otherwise

9 provided under rule XXVI.

10 6. A Member, Delegate, or Resident

11 Commissioner—

12 (a) shall keep his campaign funds separate

13 from his personal funds;

14 (b) may not convert campaign funds to

15 personal use in excess of an amount represent16 ing reimbursement for legitimate and verifiable

17 campaign expenditures; and

18 (c) may not expend funds from his cam19 paign account that are not attributable to bona

20 fide campaign or political purposes.

21 7. A Member, Delegate, or Resident Commis22 sioner shall treat as campaign contributions all pro23 ceeds from testimonial dinners or other fund-raising

24 events.
214

HRES 5 ATH

1 8. (a) A Member, Delegate, Resident Commis2 sioner, or officer of the House may not retain an

3 employee who does not perform duties for the offices

4 of the employing authority commensurate with the

5 compensation he receives.

6 (b) In the case of a committee employee who

7 works under the direct supervision of a member of

8 the committee other than a chairman, the chairman

9 may require that such member affirm in writing that

10 the employee has complied with clause 8(a) (subject

11 to clause 7 of rule X) as evidence of compliance by

12 the chairman with this clause and with clause 7 of

13 rule X.

14 9. A Member, Delegate, Resident Commis15 sioner, officer, or employee of the House may not

16 discharge and may not refuse to hire an individual,

17 or otherwise discriminate against an individual with

18 respect to compensation, terms, conditions, or privi19 leges of employment, because of the race, color, reli20 gion, sex (including marital or parental status), dis21 ability, age, or national origin of such individual, but

22 may take into consideration the domicile or political

23 affiliation of such individual.

24 10. A Member, Delegate, or Resident Commis25 sioner who has been convicted by a court of record
215

HRES 5 ATH

1 for the commission of a crime for which a sentence

2 of two or more years’ imprisonment may be imposed

3 should refrain from participation in the business of

4 each committee of which he is a member, and a

5 Member should refrain from voting on any question

6 at a meeting of the House or of the Committee of

7 the Whole House on the state of the Union, unless

8 or until judicial or executive proceedings result in re9 instatement of the presumption of his innocence or

10 until he is reelected to the House after the date of

11 such conviction.

12 11. A Member, Delegate, or Resident Commis13 sioner may not authorize or otherwise allow an indi14 vidual, group, or organization not under the direc15 tion and control of the House to use the words

16 ‘‘Congress of the United States,’’ ‘‘House of Rep17 resentatives,’’ or ‘‘Official Business,’’ or any com18 bination of words thereof, on any letterhead or enve19 lope.

20 12. (a) Except as provided in paragraph (b), an

21 employee of the House who is required to file a re22 port under rule XXVII may not participate person23 ally and substantially as an employee of the House

24 in a contact with an agency of the executive or judi25 cial branches of Government with respect to non-
216

HRES 5 ATH

1 legislative matters affecting any nongovernmental

2 person in which the employee has a significant fi3 nancial interest.

4 (b) Paragraph (a) does not apply if an em5 ployee first advises his employing authority of a sig6 nificant financial interest described in paragraph (a)

7 and obtains from his employing authority a written

8 waiver stating that the participation of the employee

9 in the activity described in paragraph (a) is nec10 essary. A copy of each such waiver shall be filed with

11 the Committee on Standards of Official Conduct.

12 13. Before a Member, Delegate, Resident Com13 missioner, officer, or employee of the House may

14 have access to classified information, the following

15 oath (or affirmation) shall be executed:

16 ‘‘I do solemnly swear (or affirm) that I will

17 not disclose any classified information received

18 in the course of my service with the House of

19 Representatives, except as authorized by the

20 House of Representatives or in accordance with

21 its Rules.’’

22 Copies of the executed oath (or affirmation) shall be

23 retained by the Clerk as part of the records of the

24 House.
217

HRES 5 ATH

1 14. (a) In this Code of Official Conduct, the

2 term ‘‘officer or employee of the House’’ means an

3 individual whose compensation is disbursed by the

4 Chief Administrative Officer.

5 (b) An individual whose services are com6 pensated by the House pursuant to a consultant con7 tract shall be considered an employee of the House

8 for purposes of clauses 1, 2, 3, 4, 8, 9, and 13 of

9 this rule.

10 RULE XXV.

11 LIMITATIONS ON USE OF OFFICIAL FUNDS.

12 Limitations on use of official and unofficial accounts

13 1. A Member, Delegate, or Resident Commissioner

14 may not maintain, or have maintained for his use, an un15 official office account. Funds may not be paid into an un16 official office account.

17 2. Notwithstanding any other provision of this rule,

18 if an amount from the Official Expenses Allowance of a

19 Member, Delegate, or Resident Commissioner is paid into

20 the House Recording Studio revolving fund for tele21 communications satellite services, the Member, Delegate,

22 or Resident Commissioner may accept reimbursement

23 from nonpolitical entities in that amount for transmission

24 to the Clerk for credit to the Official Expenses Allowance.
218

HRES 5 ATH

1 3. In this rule the term ‘‘unofficial office account’’

2 means an account or repository in which funds are re3 ceived for the purpose of defraying otherwise unreim4 bursed expenses allowable under section 162(a) of the In5 ternal Revenue Code of 1986 as ordinary and necessary

6 in the operation of a congressional office, and includes a

7 newsletter fund referred to in section 527(g) of the Inter8 nal Revenue Code of 1986.

9 Limitations on use of the frank

10 4. A Member, Delegate, or Resident Commissioner

11 shall mail franked mail under section 3210(d) of title 39,

12 United States Code at the most economical rate of postage

13 practicable.

14 5. Before making a mass mailing, a Member, Dele15 gate, or Resident Commissioner shall submit a sample or

16 description of the mail matter involved to the House Com17 mission on Congressional Mailing Standards for an advi18 sory opinion as to whether the proposed mailing is in com19 pliance with applicable provisions of law, rule, or regula20 tion.

21 6. A mass mailing that is otherwise frankable by a

22 Member, Delegate, or Resident Commissioner under the

23 provisions of section 3210(e) of title 39, United States

24 Code, is not frankable unless the cost of preparing and
219

HRES 5 ATH

1 printing it is defrayed exclusively from funds made avail2 able in an appropriation Act.

3 7. A Member, Delegate, or Resident Commissioner

4 may not send a mass mailing outside the congressional

5 district from which he was elected.

6 8. In the case of a Member, Delegate, or Resident

7 Commissioner, a mass mailing is not frankable under sec8 tion 3210 of title 39, United States Code, when it is post9 marked less than 60 days before the date of a primary

10 or general election (whether regular, special, or runoff) in

11 which he is a candidate for public office. If the mail matter

12 is of a type that is not customarily postmarked, the date

13 on which it would have been postmarked, if it were of a

14 type customarily postmarked, applies.

15 9. In this rule the term ‘‘mass mailing’’ means, with

16 respect to a session of Congress, a mailing of newsletters

17 or other pieces of mail with substantially identical content

18 (whether such pieces of mail are deposited singly or in

19 bulk, or at the same time or different times), totaling more

20 than 500 pieces of mail in that session, except that such

21 term does not include a mailing—

22 (a) of matter in direct response to a commu23 nication from a person to whom the matter is

24 mailed;
220

HRES 5 ATH

1 (b) from a Member, Delegate, or Resident Com2 missioner to other Members, Delegates, the Resident

3 Commissioner, or Senators, or to Federal, State, or

4 local government officials; or

5 (c) of a news release to the communications

6 media.

7 Prohibition on use of funds by Members not elected to

8 succeeding Congress

9 10. Funds from the applicable accounts described in

10 clause 1(i)(1) of rule X, including funds from committee

11 expense resolutions, and funds in any local currencies

12 owned by the United States may not be made available

13 for travel by a Member, Delegate, Resident Commissioner,

14 or Senator after the date of a general election in which

15 he was not elected to the succeeding Congress or, in the

16 case of a Member, Delegate, or Resident Commissioner

17 who is not a candidate in a general election, after the ear18 lier of the date of such general election or the adjournment

19 sine die of the last regular session of the Congress.
221

HRES 5 ATH

1 RULE XXVI.

2 LIMITATIONS ON OUTSIDE EARNED INCOME AND

3 ACCEPTANCE OF GIFTS.

4 Outside earned income; honoraria

5 1. (a) Except as provided by paragraph (b), a Mem6 ber, Delegate, Resident Commissioner, officer, or em7 ployee of the House may not—

8 (1) have outside earned income attributable to

9 a calendar year that exceeds 15 percent of the an10 nual rate of basic pay for level II of the Executive

11 Schedule under section 5313 of title 5, United

12 States Code, as of January 1 of that calendar year;

13 or

14 (2) receive any honorarium, except that an offi15 cer or employee of the House who is paid at a rate

16 less than 120 percent of the minimum rate of basic

17 pay for GS-15 of the General Schedule may receive

18 an honorarium unless the subject matter is directly

19 related to the official duties of the individual, the

20 payment is made because of the status of the indi21 vidual with the House, or the person offering the

22 honorarium has interests that may be substantially

23 affected by the performance or nonperformance of

24 the official duties of the individual.
222

HRES 5 ATH

1 (b) In the case of an individual who becomes a Mem2 ber, Delegate, Resident Commissioner, officer, or em3 ployee of the House, such individual may not have outside

4 earned income attributable to the portion of a calendar

5 year that occurs after such individual becomes a Member,

6 Delegate, Resident Commissioner, officer, or employee

7 that exceeds 15 percent of the annual rate of basic pay

8 for level II of the Executive Schedule under section 5313

9 of title 5, United States Code, as of January 1 of that

10 calendar year multiplied by a fraction, the numerator of

11 which is the number of days the individual is a Member,

12 Delegate, Resident Commissioner, officer, or employee

13 during that calendar year and the denominator of which

14 is 365.

15 (c) A payment in lieu of an honorarium that is made

16 to a charitable organization on behalf of a Member, Dele17 gate, Resident Commissioner, officer, or employee of the

18 House may not be received by that Member, Delegate,

19 Resident Commissioner, officer, or employee. Such a pay20 ment may not exceed $2,000 or be made to a charitable

21 organization from which the Member, Delegate, Resident

22 Commissioner, officer, or employee or a parent, sibling,

23 spouse, child, or dependent relative of the Member, Dele24 gate, Resident Commissioner, officer, or employee, derives

25 a financial benefit.
223

HRES 5 ATH

1 2. A Member, Delegate, Resident Commissioner, offi2 cer, or employee of the House may not—

3 (a) receive compensation for affiliating with or

4 being employed by a firm, partnership, association,

5 corporation, or other entity that provides profes6 sional services involving a fiduciary relationship;

7 (b) permit his name to be used by such a firm,

8 partnership, association, corporation, or other entity;

9 (c) receive compensation for practicing a profes10 sion that involves a fiduciary relationship;

11 (d) serve for compensation as an officer or

12 member of the board of an association, corporation,

13 or other entity; or

14 (e) receive compensation for teaching, without

15 the prior notification and approval of the Committee

16 on Standards of Official Conduct.

17 Copyright royalties

18 3. (a) A Member, Delegate, Resident Commissioner,

19 officer, or employee of the House may not receive an ad20 vance payment on copyright royalties. This paragraph

21 does not prohibit a literary agent, researcher, or other in22 dividual (other than an individual employed by the House

23 or a relative of a Member, Delegate, Resident Commis24 sioner, officer, or employee) working on behalf of a Mem25 ber, Delegate, Resident Commissioner, officer, or em-
224

HRES 5 ATH

1 ployee with respect to a publication from receiving an ad2 vance payment of a copyright royalty directly from a pub3 lisher and solely for the benefit of that literary agent, re4 searcher, or other individual.

5 (b) A Member, Delegate, Resident Commissioner, of6 ficer, or employee of the House may not receive copyright

7 royalties under a contract entered into on or after January

8 1, 1996, unless that contract is first approved by the Com9 mittee on Standards of Official Conduct as complying with

10 the requirement of clause 4(d)(1)(E) (that royalties are

11 received from an established publisher under usual and

12 customary contractual terms).

13 Definitions

14 4. (a)(1) In this rule, except as provided in subpara15 graph (2), the term ‘‘officer or employee of the House’’

16 means an individual (other than a Member, Delegate, or

17 Resident Commissioner) whose pay is disbursed by the

18 Chief Administrative Officer, who is paid at a rate equal

19 to or greater than 120 percent of the minimum rate of

20 basic pay for GS-15 of the General Schedule, and who is

21 so employed for more than 90 days in a calendar year;

22 and

23 (2) when used with respect to an honorarium, the

24 term ‘‘officer or employee of the House’’ means an individ25 ual (other than a Member, Delegate, or Resident Commis-
225

HRES 5 ATH

1 sioner) whose salary is disbursed by the Chief Administra2 tive Officer.

3 (b) In this rule the term ‘‘honorarium’’ means a pay4 ment of money or a thing of value for an appearance,

5 speech, or article (including a series of appearances,

6 speeches, or articles) by a Member, Delegate, Resident

7 Commissioner, officer, or employee of the House, exclud8 ing any actual and necessary travel expenses incurred by

9 that Member, Delegate, Resident Commissioner, officer,

10 or employee (and one relative) to the extent that such ex11 penses are paid or reimbursed by any other person. The

12 amount otherwise determined shall be reduced by the

13 amount of any such expenses to the extent that such ex14 penses are not so paid or reimbursed.

15 (c) In this rule the term ‘‘travel expenses’’ means,

16 with respect to a Member, Delegate, Resident Commis17 sioner, officer or, employee of the House, or a relative of

18 such Member, Delegate, Resident Commissioner, officer,

19 or employee, the cost of transportation, and the cost of

20 lodging and meals while away from his residence or prin21 cipal place of employment.

22 (d)(1) In this rule the term ‘‘outside earned income’’

23 means, with respect to a Member, Delegate, Resident

24 Commissioner, officer, or employee of the House, wages,

25 salaries, fees, and other amounts received or to be received
226

HRES 5 ATH

1 as compensation for personal services actually rendered,

2 but does not include —

3 (A) the salary of a Member, Delegate, Resident

4 Commissioner, officer, or employee;

5 (B) any compensation derived by a Member,

6 Delegate, Resident Commissioner, officer, or em7 ployee of the House for personal services actually

8 rendered before the adoption of this rule or before

9 he became a Member, Delegate, Resident Commis10 sioner, officer, or employee;

11 (C) any amount paid by, or on behalf of, a

12 Member, Delegate, Resident Commissioner, officer,

13 or employee of the House to a tax-qualified pension,

14 profit-sharing, or stock bonus plan and received by

15 him from such a plan;

16 (D) in the case of a Member, Delegate, Resi17 dent Commissioner, officer, or employee of the

18 House engaged in a trade or business in which he

19 or his family holds a controlling interest and in

20 which both personal services and capital are income21 producing factors, any amount received by the Mem22 ber, Delegate, Resident Commissioner, officer, or

23 employee, so long as the personal services actually

24 rendered by him in the trade or business do not gen25 erate a significant amount of income; or
227

HRES 5 ATH

1 (E) copyright royalties received from estab2 lished publishers under usual and customary con3 tractual terms; and

4 (2) outside earned income shall be determined with5 out regard to community property law.

6 (e) In this rule the term ‘‘charitable organization’’

7 means an organization described in section 170(c) of the

8 Internal Revenue Code of 1986.

9 Gifts

10 5. (a)(1) A Member, Delegate, Resident Commis11 sioner, officer, or employee of the House may not know12 ingly accept a gift except as provided in this clause.

13 (2)(A) In this clause the term ‘‘gift’’ means a gratu14 ity, favor, discount, entertainment, hospitality, loan, for15 bearance, or other item having monetary value. The term

16 includes gifts of services, training, transportation, lodging,

17 and meals, whether provided in kind, by purchase of a

18 ticket, payment in advance, or reimbursement after the

19 expense has been incurred.

20 (B)(i) A gift to a family member of a Member, Dele21 gate, Resident Commissioner, officer, or employee of the

22 House, or a gift to any other individual based on that indi23 vidual’s relationship with the Member, Delegate, Resident

24 Commissioner, officer, or employee, shall be considered a

25 gift to the Member, Delegate, Resident Commissioner, of-
228

HRES 5 ATH

1 ficer, or employee if it is given with the knowledge and

2 acquiescence of the Member, Delegate, Resident Commis3 sioner, officer, or employee and the Member, Delegate,

4 Resident Commissioner, officer, or employee has reason

5 to believe the gift was given because of his official position.

6 (ii) If food or refreshment is provided at the same

7 time and place to both a Member, Delegate, Resident

8 Commissioner, officer, or employee of the House and the

9 spouse or dependent thereof, only the food or refreshment

10 provided to the Member, Delegate, Resident Commis11 sioner, officer, or employee shall be treated as a gift for

12 purposes of this clause.

13 (3) The restrictions in subparagraph (1) do not apply

14 to the following:

15 (A) Anything for which the Member, Delegate,

16 Resident Commissioner, officer, or employee of the

17 House pays the market value, or does not use and

18 promptly returns to the donor.

19 (B) A contribution, as defined in section 301(8)

20 of the Federal Election Campaign Act of 1971 (2

21 U.S.C. 431 et seq.) that is lawfully made under that

22 Act, a lawful contribution for election to a State or

23 local government office, or attendance at a fundrais24 ing event sponsored by a political organization de-
229

HRES 5 ATH

1 scribed in section 527(e) of the Internal Revenue

2 Code of 1986.

3 (C) A gift from a relative as described in sec4 tion 109(16) of title I of the Ethics in Government

5 Act of 1978 (2 U.S.C. App. 109(16)).

6 (D)(i) Anything provided by an individual on

7 the basis of a personal friendship unless the Mem8 ber, Delegate, Resident Commissioner, officer, or

9 employee of the House has reason to believe that,

10 under the circumstances, the gift was provided be11 cause of his official position and not because of the

12 personal friendship.

13 (ii) In determining whether a gift is provided on

14 the basis of personal friendship, the Member, Dele15 gate, Resident Commissioner, officer, or employee of

16 the House shall consider the circumstances under

17 which the gift was offered, such as:

18 (I) The history of his relationship with the

19 individual giving the gift, including any pre20 vious exchange of gifts between them.

21 (II) Whether to his actual knowledge the

22 individual who gave the gift personally paid for

23 the gift or sought a tax deduction or business

24 reimbursement for the gift.
230

HRES 5 ATH

1 (III) Whether to his actual knowledge the

2 individual who gave the gift also gave the same

3 or similar gifts to other Members, Delegates,

4 the Resident Commissioners, officers, or em5 ployees of the House.

6 (E) Except as provided in paragraph (c)(3), a

7 contribution or other payment to a legal expense

8 fund established for the benefit of a Member, Dele9 gate, Resident Commissioner, officer, or employee of

10 the House that is otherwise lawfully made in accord11 ance with the restrictions and disclosure require12 ments of the Committee on Standards of Official

13 Conduct.

14 (F) A gift from another Member, Delegate,

15 Resident Commissioner, officer, or employee of the

16 House or Senate.

17 (G) Food, refreshments, lodging, transpor18 tation, and other benefits—

19 (i) resulting from the outside business or

20 employment activities of the Member, Delegate,

21 Resident Commissioner, officer, or employee of

22 the House (or other outside activities that are

23 not connected to his duties as an officeholder),

24 or of his spouse, if such benefits have not been

25 offered or enhanced because of his official posi-
231

HRES 5 ATH

1 tion and are customarily provided to others in

2 similar circumstances;

3 (ii) customarily provided by a prospective

4 employer in connection with bona fide employ5 ment discussions; or

6 (iii) provided by a political organization de7 scribed in section 527(e) of the Internal Reve8 nue Code of 1986 in connection with a fund9 raising or campaign event sponsored by such

10 organization.

11 (H) Pension and other benefits resulting from

12 continued participation in an employee welfare and

13 benefits plan maintained by a former employer.

14 (I) Informational materials that are sent to the

15 office of the Member, Delegate, Resident Commis16 sioner, officer, or employee of the House in the form

17 of books, articles, periodicals, other written mate18 rials, audiotapes, videotapes, or other forms of com19 munication.

20 (J) Awards or prizes that are given to competi21 tors in contests or events open to the public, includ22 ing random drawings.

23 (K) Honorary degrees (and associated travel,

24 food, refreshments, and entertainment) and other

25 bona fide, nonmonetary awards presented in recogni-
232

HRES 5 ATH

1 tion of public service (and associated food, refresh2 ments, and entertainment provided in the presen3 tation of such degrees and awards).

4 (L) Training (including food and refreshments

5 furnished to all attendees as an integral part of the

6 training) if such training is in the interest of the

7 House.

8 (M) Bequests, inheritances, and other transfers

9 at death.

10 (N) An item, the receipt of which is authorized

11 by the Foreign Gifts and Decorations Act, the Mu12 tual Educational and Cultural Exchange Act, or any

13 other statute.

14 (O) Anything that is paid for by the Federal

15 Government, by a State or local government, or se16 cured by the Government under a Government con17 tract.

18 (P) A gift of personal hospitality (as defined in

19 section 109(14) of the Ethics in Government Act) of

20 an individual other than a registered lobbyist or

21 agent of a foreign principal.

22 (Q) Free attendance at a widely attended event

23 permitted under subparagraph (4).

24 (R) Opportunities and benefits that are—
233

HRES 5 ATH

1 (i) available to the public or to a class con2 sisting of all Federal employees, whether or not

3 restricted on the basis of geographic consider4 ation;

5 (ii) offered to members of a group or class

6 in which membership is unrelated to congres7 sional employment;

8 (iii) offered to members of an organization,

9 such as an employees’ association or congres10 sional credit union, in which membership is re11 lated to congressional employment and similar

12 opportunities are available to large segments of

13 the public through organizations of similar size;

14 (iv) offered to a group or class that is not

15 defined in a manner that specifically discrimi16 nates among Government employees on the

17 basis of branch of Government or type of re18 sponsibility, or on a basis that favors those of

19 higher rank or rate of pay;

20 (v) in the form of loans from banks and

21 other financial institutions on terms generally

22 available to the public; or

23 (vi) in the form of reduced membership or

24 other fees for participation in organization ac25 tivities offered to all Government employees by
234

HRES 5 ATH

1 professional organizations if the only restric2 tions on membership relate to professional

3 qualifications.

4 (S) A plaque, trophy, or other item that is sub5 stantially commemorative in nature and that is in6 tended for presentation.

7 (T) Anything for which, in an unusual case, a

8 waiver is granted by the Committee on Standards of

9 Official Conduct.

10 (U) Food or refreshments of a nominal value

11 offered other than as a part of a meal.

12 (V) Donations of products from the district or

13 State that the Member, Delegate, or Resident Com14 missioner represents that are intended primarily for

15 promotional purposes, such as display or free dis16 tribution, and are of minimal value to any single re17 cipient.

18 (W) An item of nominal value such as a greet19 ing card, baseball cap, or a T-shirt.

20 (4)(A) A Member, Delegate, Resident Commissioner,

21 officer, or employee of the House may accept an offer of

22 free attendance at a widely attended convention, con23 ference, symposium, forum, panel discussion, dinner, view24 ing, reception, or similar event, provided by the sponsor

25 of the event, if—
235

HRES 5 ATH

1 (i) the Member, Delegate, Resident Commis2 sioner, officer, or employee of the House participates

3 in the event as a speaker or a panel participant, by

4 presenting information related to Congress or mat5 ters before Congress, or by performing a ceremonial

6 function appropriate to his official position; or

7 (ii) attendance at the event is appropriate to

8 the performance of the official duties or representa9 tive function of the Member, Delegate, Resident

10 Commissioner, officer, or employee of the House.

11 (B) A Member, Delegate, Resident Commissioner, of12 ficer, or employee of the House who attends an event de13 scribed in subdivision (A) may accept a sponsor’s unsolic14 ited offer of free attendance at the event for an accom15 panying individual.

16 (C) A Member, Delegate, Resident Commissioner, of17 ficer, or employee of the House, or the spouse or depend18 ent thereof, may accept a sponsor’s unsolicited offer of

19 free attendance at a charity event, except that reimburse20 ment for transportation and lodging may not be accepted

21 in connection with the event.

22 (D) In this paragraph the term ‘‘free attendance’’

23 may include waiver of all or part of a conference or other

24 fee, the provision of local transportation, or the provision

25 of food, refreshments, entertainment, and instructional
236

HRES 5 ATH

1 materials furnished to all attendees as an integral part

2 of the event. The term does not include entertainment col3 lateral to the event, nor does it include food or refresh4 ments taken other than in a group setting with all or sub5 stantially all other attendees.

6 (5) A Member, Delegate, Resident Commissioner, of7 ficer, or employee of the House may not accept a gift the

8 value of which exceeds $250 on the basis of the personal

9 friendship exception in subparagraph (3)(D) unless the

10 Committee on Standards of Official Conduct issues a writ11 ten determination that such exception applies. A deter12 mination under this subparagraph is not required for gifts

13 given on the basis of the family relationship exception in

14 subparagraph (3)(C).

15 (6) When it is not practicable to return a tangible

16 item because it is perishable, the item may, at the discre17 tion of the recipient, be given to an appropriate charity

18 or destroyed.

19 (b)(1)(A) A reimbursement (including payment in

20 kind) to a Member, Delegate, Resident Commissioner, of21 ficer, or employee of the House from a private source

22 other than a registered lobbyist or agent of a foreign prin23 cipal for necessary transportation, lodging, and related ex24 penses for travel to a meeting, speaking engagement, fact25 finding trip, or similar event in connection with his duties
237

HRES 5 ATH

1 as an officeholder shall be considered as a reimbursement

2 to the House and not a gift prohibited by this clause, if

3 the Member, Delegate, Resident Commissioner, officer, or

4 employee—

5 (i) in the case of an employee, receives advance

6 authorization, from the Member, Delegate, Resident

7 Commissioner, or officer under whose direct super8 vision the employee works, to accept reimbursement;

9 and

10 (ii) discloses the expenses reimbursed or to be

11 reimbursed and the authorization to the Clerk within

12 30 days after the travel is completed.

13 (B) For purposes of subdivision (A), events, the ac14 tivities of which are substantially recreational in nature,

15 are not considered to be in connection with the duties of

16 a Member, Delegate, Resident Commissioner, officer, or

17 employee of the House as an officeholder.

18 (2) Each advance authorization to accept reimburse19 ment shall be signed by the Member, Delegate, Resident

20 Commissioner, or officer of the House under whose direct

21 supervision the employee works and shall include—

22 (A) the name of the employee;

23 (B) the name of the person who will make the

24 reimbursement;
238

HRES 5 ATH

1 (C) the time, place, and purpose of the travel;

2 and

3 (D) a determination that the travel is in con4 nection with the duties of the employee as an office5 holder and would not create the appearance that the

6 employee is using public office for private gain.

7 (3) Each disclosure made under subparagraph (1)(A)

8 of expenses reimbursed or to be reimbursed shall be signed

9 by the Member, Delegate, Resident Commissioner, or offi10 cer (in the case of travel by that Member, Delegate, Resi11 dent Commissioner, or officer) or by the Member, Dele12 gate, Resident Commissioner, or officer under whose di13 rect supervision the employee works (in the case of travel

14 by an employee) and shall include—

15 (A) a good faith estimate of total transportation

16 expenses reimbursed or to be reimbursed;

17 (B) a good faith estimate of total lodging ex18 penses reimbursed or to be reimbursed;

19 (C) a good faith estimate of total meal expenses

20 reimbursed or to be reimbursed;

21 (D) a good faith estimate of the total of other

22 expenses reimbursed or to be reimbursed;

23 (E) a determination that all such expenses are

24 necessary transportation, lodging, and related ex25 penses as defined in subparagraph (4); and
239

HRES 5 ATH

1 (F) in the case of a reimbursement to a Mem2 ber, Delegate, Resident Commissioner, or officer, a

3 determination that the travel was in connection with

4 his duties as an officeholder and would not create

5 the appearance that the Member, Delegate, Resident

6 Commissioner, or officer is using public office for

7 private gain.

8 (4) In this paragraph the term ‘‘necessary transpor9 tation, lodging, and related expenses’’—

10 (A) includes reasonable expenses that are nec11 essary for travel for a period not exceeding four days

12 within the United States or seven days exclusive of

13 travel time outside of the United States unless ap14 proved in advance by the Committee on Standards

15 of Official Conduct;

16 (B) is limited to reasonable expenditures for

17 transportation, lodging, conference fees and mate18 rials, and food and refreshments, including reim19 bursement for necessary transportation, whether or

20 not such transportation occurs within the periods de21 scribed in subdivision (A);

22 (C) does not include expenditures for rec23 reational activities, nor does it include entertainment

24 other than that provided to all attendees as an inte25 gral part of the event, except for activities or enter-
240

HRES 5 ATH

1 tainment otherwise permissible under this clause;

2 and

3 (D) may include travel expenses incurred on be4 half of either the spouse or a child of the Member,

5 Delegate, Resident Commissioner, officer, or em6 ployee.

7 (5) The Clerk shall make available to the public all

8 advance authorizations and disclosures of reimbursement

9 filed under subparagraph (1) as soon as possible after they

10 are received.

11 (c) A gift prohibited by paragraph (a)(1) includes the

12 following:

13 (1) Anything provided by a registered lobbyist

14 or an agent of a foreign principal to an entity that

15 is maintained or controlled by a Member, Delegate,

16 Resident Commissioner, officer, or employee of the

17 House.

18 (2) A charitable contribution (as defined in sec19 tion 170(c) of the Internal Revenue Code of 1986)

20 made by a registered lobbyist or an agent of a for21 eign principal on the basis of a designation, rec22 ommendation, or other specification of a Member,

23 Delegate, Resident Commissioner, officer, or em24 ployee of the House (not including a mass mailing

25 or other solicitation directed to a broad category of
241

HRES 5 ATH

1 persons or entities), other than a charitable con2 tribution permitted by paragraph (d).

3 (3) A contribution or other payment by a reg4 istered lobbyist or an agent of a foreign principal to

5 a legal expense fund established for the benefit of a

6 Member, Delegate, Resident Commissioner, officer,

7 or employee of the House.

8 (4) A financial contribution or expenditure

9 made by a registered lobbyist or an agent of a for10 eign principal relating to a conference, retreat, or

11 similar event, sponsored by or affiliated with an offi12 cial congressional organization, for or on behalf of

13 Members, Delegates, the Resident Commissioner, of14 ficers, or employees of the House.

15 (d)(1) A charitable contribution (as defined in section

16 170(c) of the Internal Revenue Code of 1986) made by

17 a registered lobbyist or an agent of a foreign principal in

18 lieu of an honorarium to a Member, Delegate, Resident

19 Commissioner, officer, or employee of the House are not

20 considered a gift under this clause if it is reported as pro21 vided in subparagraph (2).

22 (2) A Member, Delegate, Resident Commissioner, of23 ficer, or employee who designates or recommends a con24 tribution to a charitable organization in lieu of an hono25 rarium described in subparagraph (1) shall report within
242

HRES 5 ATH

1 30 days after such designation or recommendation to the

2 Clerk—

3 (A) the name and address of the registered lob4 byist who is making the contribution in lieu of an

5 honorarium;

6 (B) the date and amount of the contribution;

7 and

8 (C) the name and address of the charitable or9 ganization designated or recommended by the Mem10 ber, Delegate, or Resident Commissioner.

11 The Clerk shall make public information received under

12 this subparagraph as soon as possible after it is received.

13 (e) In this clause—

14 (1) the term ‘‘registered lobbyist’’ means a lob15 byist registered under the Federal Regulation of

16 Lobbying Act or any successor statute; and

17 (2) the term ‘‘agent of a foreign principal’’

18 means an agent of a foreign principal registered

19 under the Foreign Agents Registration Act.

20 (f) All the provisions of this clause shall be inter21 preted and enforced solely by the Committee on Standards

22 of Official Conduct. The Committee on Standards of Offi23 cial Conduct is authorized to issue guidance on any matter

24 contained in this clause.
243

HRES 5 ATH

1 Claims against the Government

2 6. A person may not be an officer or employee of the

3 House, or continue in its employment, if he acts as an

4 agent for the prosecution of a claim against the Govern5 ment or if he is interested in such claim, except as an

6 original claimant or in the proper discharge of official du7 ties.

8 RULE XXVII.

9 FINANCIAL DISCLOSURE.

10 1. The Clerk shall send a copy of each report filed

11 with the Clerk under title I of the Ethics in Government

12 Act of 1978 within the seven-day period beginning on the

13 date on which the report is filed to the Committee on

14 Standards of Official Conduct. By August 1 of each year,

15 the Clerk shall compile all such reports sent to him by

16 Members within the period beginning on January 1 and

17 ending on June 15 of each year and have them printed

18 as a House document, which shall be made available to

19 the public.

20 2. For the purposes of this rule, the provisions of title

21 I of the Ethics in Government Act of 1978 shall be consid22 ered Rules of the House as they pertain to Members, Dele23 gates, the Resident Commissioner, officers, and employees

24 of the House.
244

HRES 5 ATH

1 RULE XXVIII.

2 GENERAL PROVISIONS.

3 1. The provisions of law that constituted the Rules

4 of the House at the end of the previous Congress shall

5 govern the House in all cases to which they are applicable,

6 and the rules of parliamentary practice comprised by Jef7 ferson’s Manual shall govern the House in all cases to

8 which they are applicable and in which they are not incon9 sistent with the Rules and orders of the House.

10 2. In these rules words importing the masculine gen11 der include the feminine as well.

12 SEC. 2. SEPARATE ORDERS.

13 (a) BUDGET ENFORCEMENT.—(1) Pending the adop14 tion by the Congress of a concurrent resolution on the

15 budget for fiscal year 1999—

16 (A) the chairman of the Committee on the

17 Budget, when elected, shall publish in the Congres18 sional Record budget totals contemplated by section

19 301 of the Congressional Budget Act of 1974 and

20 allocations contemplated by section 302(a) of that

21 Act for each of the fiscal years 1999 through 2003;

22 (B) those totals and levels shall be effective in

23 the House as though established under a concurrent

24 resolution on the budget and sections 301 and 302

25 of that Act; and
245

HRES 5 ATH

1 (C) the publication of those totals and levels

2 shall be considered as the completion of Congres3 sional action on a concurrent resolution on the budg4 et for fiscal year 1999.

5 (2) Pending the adoption by the Congress of a con6 current resolution on the budget for fiscal year 2000, a

7 provision in a bill or joint resolution, or in an amendment

8 thereto or a conference report thereon, that establishes

9 prospectively for a Federal office or position a specified

10 or minimum level of compensation to be funded by annual

11 discretionary appropriations shall not be considered as

12 providing new entitlement authority within the meaning

13 of the Congressional Budget Act of 1974.

14 (3) In the case of a reported bill or joint resolution

15 considered pursuant to a special order of business, a point

16 of order under section 303 of the Congressional Budget

17 Act of 1974 shall be determined on the basis of the text

18 made in order as an original bill or joint resolution for

19 the purpose of amendment or to the text on which the

20 previous question is ordered directly to passage, as the

21 case may be.

22 (b) TENURE ON BUDGET COMMITTEE.—Notwith23 standing clause 5(a)(2)(B) of rule X, during the One Hun24 dred Sixth Congress tenure on the Committee on the

25 Budget shall not be limited.
246

HRES 5 ATH

1 (c) STANDARDS COMMITTEE RULES.—Each provi2 sion of House Resolution 168 of the One Hundred Fifth

3 Congress that was not executed as a change in the stand4 ing rules is hereby reaffirmed for the One Hundred Sixth

5 Congress.

6 (d) CENSUS SUBCOMMITTEE.—Notwithstanding

7 clause 5(d) of rule X, during the One Hundred Sixth Con8 gress the Committee on Government Reform may have not

9 more than eight subcommittees.

10 (e) EXPLANATORY MATERIAL RELATING TO CODI11 FICATION OF RULES.—Upon the adoption of this resolu12 tion, the Majority Leader and the Minority Leader or their

13 designees may submit for inclusion in the Congressional

14 Record as part of the debate hereon such extraneous and

15 tabular matter as they may consider to constitute legisla16 tive history concerning the codification of the standing

17 rules.

18 (f) CONTINUATION OF SELECT COMMITTEE.—

19 (1) IN GENERAL.—Solely for the purpose of

20 completing activities directly associated with the de21 classification and public release of its report, the Se22 lect Committee on U.S. National Security and Mili23 tary/Commercial Concerns With the People’s Repub24 lic of China (hereafter referred to as the ‘‘Select

25 Committee’’), created by House Resolution 463, One
247

HRES 5 ATH

1 Hundred Fifth Congress, agreed to June 18, 1998

2 (hereafter referred to as the ‘‘Authorizing Resolu3 tion’’), may sit and act during the One Hundred

4 Sixth Congress at any time prior to April 1, 1999,

5 as it may deem appropriate, without regard to

6 whether or not the House of Representatives is in

7 session at the time.

8 (2) CONTINUATION OF POWERS AND JURISDIC9 TION.—Solely for the purpose described in para10 graph (1), the Select Committee’s jurisdiction, and

11 all other powers, authorities, responsibilities, and

12 procedures of the Select Committee and of other

13 Committees of the House of Representatives, shall

14 remain as set forth in the Authorizing Resolution,

15 except as follows:

16 (A) Section 10 of the Authorizing Resolu17 tion shall not be continued.

18 (B) Sections 8 and 9 of the Authorizing

19 Resolution shall apply only to the enforcement

20 of requests for information which are issued

21 prior to January 3, 1999, and to issuing and

22 enforcing requests for information directly re23 lated to the declassification and public release

24 of the Select Committee’s report.
248

HRES 5 ATH

1 (3) DISPOSITION OF RECORDS.—In addition to

2 the powers and authorities extended under para3 graph (2), upon the termination of the Select Com4 mittee, all records of the Select Committee shall be

5 transferred to other committees of the House of

6 Representatives, stored by the Clerk of the House of

7 Representatives, or otherwise disposed of as the Se8 lect Committee may direct, consistent with applica9 ble rules and laws concerning classified information.

10 (4) NO ADDITIONAL FUNDS.—Funds for the

11 Select Committee for carrying out activities under

12 this subsection during the One Hundred Sixth Con13 gress shall be derived solely from amounts provided

14 pursuant to the Authorizing Resolution which re15 main unobligated and unexpended as of the end of

16 the One Hundred Fifth Congress.

17 (g) NUMBERING OF BILLS.—In the One Hundred

18 Sixth Congress, the first 10 numbers for bills (H.R. 1

19 through H.R. 10) shall be reserved for assignment by the

20 Speaker to such bills as he may designate when introduced

21 before March 1, 1999.

22 SEC. 3. SPECIAL ORDER OF BUSINESS.

23 Upon the adoption of this resolution it shall be in

24 order to consider in the House a resolution amending

25 clause 5 of rule XXVI, if offered by the Majority Leader
249

HRES 5 ATH

1 or his designee. The resolution shall be considered as read

2 for amendment. The previous question shall be considered

3 as ordered on the resolution to final adoption without in4 tervening motion or demand for division of the question

5 except one hour of debate equally divided and controlled

6 by the Majority Leader and the Minority Leader or their

7 designees.

Æ