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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 4, 2005.
    Resolved, That the Rules of the House of Representatives of the One Hundred 
Eighth Congress, including applicable provisions of law or concurrent resolution 
that constituted rules of the House at the end of the One Hundred Eighth 
Congress, are adopted as the Rules of the House of Representatives of the One 
Hundred Ninth Congress, with amendments to the standing rules as provided in 
section 2 and with other orders as provided in section 3.

SEC. 2. CHANGES IN STANDING RULES.

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

SEC. 3. SEPARATE ORDERS.

    (a) Budget Matters.--
            (1) During the One Hundred Ninth Congress, references in section 306 
        of the Congressional Budget Act of 1974 to a resolution shall be 
        construed in the House of Representatives as references to a joint 
        resolution.
            (2) During the One Hundred Ninth Congress, in the case of a reported 
        bill or joint resolution considered pursuant to a special order of 
        business, a point of order under section 303 of the Congressional Budget 
        Act of 1974 shall be determined on the basis of the text made in order 
        as an original bill or joint resolution for the purpose of amendment or 
        to the text on which the previous question is ordered directly to 
        passage, as the case may be.
            (3) During the One Hundred Ninth Congress, a provision in a bill or 
        joint resolution, or in an amendment thereto or a conference report 
        thereon, that establishes prospectively for a Federal office or position 
        a specified or minimum level of compensation to be funded by annual 
        discretionary appropriations shall not be considered as providing new 
        entitlement authority under section 401 of the Congressional Budget Act 
        of 1974.
            (4)(A) During the One Hundred Ninth Congress, until a concurrent 
        resolution on the budget for fiscal year 2005 is adopted by the 
        Congress, the provisions of the conference report to accompany Senate 
        Concurrent Resolution 95 of the One Hundred Eighth Congress shall have 
        force and effect in the House as though the One Hundred Ninth Congress 
        has adopted such conference report.
            (B) The allocations of spending authority included in the conference 
        report, as adjusted during the 108th Congress, shall be considered the 
        allocations contemplated by section 302(a) of the Congressional Budget 
        Act of 1974.
    (b) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during 
the One Hundred Ninth Congress--
            (1) the Committee on Armed Services may have not more than six 
        subcommittees;
            (2) the Committee on International Relations may have not more than 
        seven subcommittees; and
            (3) the Committee on Transportation and Infrastructure may have not 
        more than six subcommittees.
    (c) Numbering of Bills.--In the One Hundred Ninth Congress, the first 10 
numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by 
the Speaker to such bills as he may designate.
            Attest:

                                                                          Clerk.
```