H. Res. 5
In the House of Representatives, U. S.,
January 5, 1993.
Resolved, That the Rules of the House of Representa-
tives of the One Hundred Second Congress, including applica-
ble provisions of law or concurrent resolution that constituted
rules of the House at the end of the One Hundred Second
Congress, are adopted as the Rules of the House of Rep-
resentatives of the One Hundred Third Congress, with the
following amendments to the standing rules, to wit:
(1) In clause 5(a) of rule I, strike ‘‘negative, if he still
doubts, or a count is required by at least one-fifth of a
quorum, he shall name one or more from each side of the
question to tell the Members in the affirmative and negative;
which being reported, he shall rise and state the decision.
However, if’’ and insert in lieu thereof ‘‘negative. If’’.
(2) At the end of rule I add the following new clauses:
‘‘11. There is established in the House of Representa-
tives an office to be known as the Office of General Counsel
for the purpose of providing legal assistance and representa-
tion to the House. Legal assistance and representation shall
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be provided without regard to political affiliation. The Office
of General Counsel shall function pursuant to the direction
of the Speaker, who shall consult with a Bipartisan Legal Ad-
visory Group, which shall include the majority and minority
leaderships. The Speaker shall appoint and set the annual
rate of pay for employees of the Office of General Counsel.
‘‘12. To suspend the business of the House for a short
time when no question is pending before the House, the
Speaker may declare a recess subject to the call of the
Chair.’’.
(3) After rule V, insert the following new rule VI:
‘‘RULE VI.
‘‘ADMINISTRATIVE OFFICIALS.
‘‘Director of Non-legislative and Financial
Services
‘‘1. (a) The Director of Non-legislative and Financial
Services shall be appointed for a Congress by the Speaker,
the majority leader, and the minority leader, acting jointly.
The Director may be removed by the House or by the Speak-
er. The Director shall be paid at the same rate of basic pay
as the elected officers of the House.
‘‘(b) The Director of Non-legislative and Financial Serv-
ices shall have extensive managerial and financial experience.
‘‘(c) Subject to the policy direction and oversight of the
Committee on House Administration, the Director shall have
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operational and financial responsibility for functions assigned
by resolution of the House.
‘‘(d) Subject to the policy direction and oversight of the
Committee on House Administration, the Director shall de-
velop employment standards that provide that all employment
decisions for functions under the Director’s supervision be
made in accordance with the non-discrimination provisions of
clause 9 of rule XLIII and of rule LI, without regard to po-
litical affiliation, and solely on the basis of fitness to perform
the duties involved. No adverse personnel action may be
taken by the Director without cause.
‘‘(e) All positions under the Director shall be subject to
the provisions of the House Employees Position Classification
Act.
‘‘Office of Inspector General
‘‘2. (a) There is established an Office of Inspector Gen-
eral.
‘‘(b) The Inspector General shall be appointed for a Con-
gress by the Speaker, the majority leader, and the minority
leader, acting jointly.
‘‘(c) Subject to the policy direction and oversight of the
Committee on House Administration, the Inspector General
shall be responsible only for—
‘‘(1) conducting periodic audits of the financial
functions under the Director of Non-legislative and Fi-
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nancial Services, Clerk, Sergeant-at-Arms, and Door-
keeper;
‘‘(2) informing the Director or other officer who is
the subject of an audit of the results of that audit and
suggesting appropriate curative actions;
‘‘(3) notifying the Speaker, the majority leader, the
minority leader, and the chairman and ranking minority
party member of the Committee on House Administra-
tion in the case of any financial irregularity discovered
in the course of carrying out responsibilities under this
rule; and
‘‘(4) submitting to the Speaker, the majority leader,
the minority leader, and the chairman and ranking mi-
nority party member of the Committee on House Admin-
istration and to the Subcommittee on Administrative
Oversight of the Committee on House Administration a
report of each audit conducted under this rule.
‘‘(d) The position of Inspector General, and all positions
under the Inspector General, shall be subject to the provi-
sions of the House Employees Position Classification Act.’’.
(4) Amend rule IX to read as follows:
‘‘QUESTIONS OF PRIVILEGE.
‘‘1. Questions of privilege shall be, first, those affecting
the rights of the House collectively, its safety, dignity, and
the integrity of its proceedings; and second, those affecting
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the rights, reputation, and conduct of Members, individually,
in their representative capacity only.
‘‘2. (a)(1) A resolution reported as a question of the
privileges of the House, or offered from the floor by the ma-
jority leader or the minority leader as a question of the privi-
leges of the House, or offered as privileged under clause 1,
section 7, article I of the Constitution, shall have precedence
of all other questions except motions to adjourn. A resolution
offered from the floor by a Member other than the majority
leader or the minority leader as a question of the privileges
of the House shall have precedence of all other questions ex-
cept motions to adjourn only at a time or place, designated
by the Speaker, in the legislative schedule within two legisla-
tive days after the day on which the proponent announces to
the House his intention to offer the resolution and the form
of the resolution.
‘‘(2) The time allotted for debate on a resolution offered
from the floor as a question of the privileges of the House
shall be equally divided between (A) the proponent of the res-
olution, and (B) the majority leader or the minority leader
or a designee, as determined by the Speaker.
‘‘(b) A question of personal privilege shall have prece-
dence of all other questions except motions to adjourn.’’.
(5) In clause 1 of rule X—
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(a) in paragraph (e)(1), strike the antepenultimate
sentence;
(b) in paragraph (l), strike ‘‘Committee on Interior
and Insular Affairs’’ and insert in lieu thereof ‘‘Commit-
tee on Natural Resources’’;
(c) in paragraph (q), strike ‘‘(3)’’;
(d) in paragraph (r)(2) strike ‘‘Bureau of Stand-
ards’’ and insert in lieu thereof ‘‘National Institute of
Standards and Technology’’;
(e) in paragraph (r)(4) strike ‘‘Aeronautics and’’;
and
(f) redesignate paragraphs (l), (m), and (n) as (n),
(l), and (m), respectively.
(6) In clause 3 of rule X—
(a) in paragraph (e), strike ‘‘Committee on Interior
and Insular Affairs’’ and insert in lieu thereof ‘‘Commit-
tee on Natural Resources’’; and
(b) in paragraph (j), amend subparagraph (3) to
read as follows:
‘‘(3) The Speaker, the majority leader, the minority
leader, and the chairman and ranking minority party member
of the Committee on House Administration shall be informed
by the chairman of the subcommittee of any matter that, by
reason of a tie vote, cannot be resolved by the subcommit-
tee.’’.
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(7) In clause 6 of rule X—
(a) in paragraph (f), insert after the first sentence
the following: ‘‘At any time after an original appoint-
ment, the Speaker may remove Members or appoint ad-
ditional Members to select and conference committees.’’;
(b) in paragraph (h), strike ‘‘that is considering leg-
islation reported from a committee on which they serve’’;
and
(c) strike paragraph (i).
(8) In clause 2 of rule XI—
(a) in paragraph (i)—
(i) strike ‘‘during five-minute rule and’’ from
the caption;
(ii) strike subparagraph (1); and
(iii) strike the designation of the remaining
text as subparagraph (2);
(b) in paragraph (l)(2)(A), strike ‘‘present.’’ and in-
sert in lieu thereof ‘‘present, which shall be deemed the
case if the records of the committee establish that a ma-
jority of the committee responded on a rollcall vote on
that question. No point of order shall lie with respect to
a measure or recommendation on the ground that it was
reported without a majority of the committee actually
present unless such point of order was timely made in
committee.’’; and
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(c) in paragraph (l)(3), strike ‘‘committee (A) shall
include the oversight findings’’ and insert in lieu thereof
‘‘committee shall include (A) the oversight findings’’.
(9) Amend rule XII to read as follows:
‘‘RESIDENT COMMISSIONER AND DELEGATES.
‘‘1. The Resident Commissioner to the United States
from Puerto Rico and each Delegate to the House shall be
elected to serve on standing committees in the same manner
as Members of the House and shall possess in such commit-
tees the same powers and privileges as the other Members.
‘‘2. In a Committee of the Whole House on the state of
the Union, the Resident Commissioner to the United States
from Puerto Rico and each Delegate to the House shall pos-
sess the same powers and privileges as Members of the
House.’’.
(10) In clause 5 of rule XIII, strike ‘‘clause 4 of rule
XXVII’’ and insert in lieu thereof ‘‘clause 3 of rule XXVII’’.
(11) In clause 5 of rule XV—
(a) insert ‘‘(a)’’ before the first sentence;
(b) strike the last two sentences; and
(c) add the following new paragraph at the end:
‘‘(b) The Speaker may, in his discretion, reduce to not
less than five minutes the time within which a rollcall vote
by electronic device may be taken—
‘‘(1) after a rollcall vote has been ordered on a mo-
tion for the previous question on a resolution reported
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by the Committee on Rules providing a special order of
business, on the question of adoption of such resolution,
if the question of adoption follows without intervening
business the vote on the motion for the previous ques-
tion;
‘‘(2) after a rollcall vote has been ordered on an
amendment reported from the Committee of the Whole
House on the state of the Union, on any subsequent
amendment to that bill or resolution reported from the
Committee of the Whole; or
‘‘(3) after a rollcall vote has been ordered on a mo-
tion to recommit a bill, resolution, or conference report
thereon, on the question of passage or adoption, as the
case may be, of such bill, resolution, or conference report
thereon, if the question of passage or adoption follows
without intervening business the vote on the motion to
recommit.’’.
(12) In rule XXI, strike clause 8.
(13) In clause 1(a) of rule XXIII, insert ‘‘Member, Resi-
dent Commissioner, or Delegate as’’ before ‘‘Chairman’’.
(14) At the end of clause 2 of rule XXIII, add the fol-
lowing new paragraph:
‘‘(d) Whenever a recorded vote on any question has been
decided by a margin within which the votes cast by the Dele-
gates and the Resident Commissioner have been decisive, the
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Committee of the Whole shall automatically rise and the
Speaker shall put that question de novo without intervening
debate or other business. Upon the announcement of the vote
on that question, the Committee of the Whole shall resume
its sitting without intervening motion.’’.
(15) In clause 1(c) of rule XXVIII, strike ‘‘(but only on
the day after the calendar day on which the Member making
the motion announces to the House his intention to do so and
the form of the motion)’’ and insert in lieu thereof ‘‘(but in
either case only at a time or place designated by the Speaker
in the legislative schedule of the day after the calendar day
on which the Member offering the motion announces to the
House his intention to do so and the form of the motion)’’.
(16) In clause 2(b) of rule XXVIII, insert ‘‘(1)’’ after
‘‘(b)’’ and add the following new subparagraph at the end:
‘‘(2) During consideration of such an amendment to a
general appropriation bill, if the original motion offered by
the floor manager proposes to change existing law, then
pending such original motion and before debate thereon one
motion to insist on disagreement to the amendment proposed
by the Senate shall be preferential to any other motion to dis-
pose of that amendment if offered by the chairman of a com-
mittee having jurisdiction of the subject matter of the amend-
ment or by a designee. Such a preferential motion shall be
separately debatable for one hour equally divided between its
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proponent and the proponent of the original motion. The pre-
vious question shall be considered as ordered on such a pref-
erential motion to its adoption without intervening motion.’’.
(17) Amend rule XXX to read as follows:
‘‘USE OF EXHIBITS.
‘‘When the use of any exhibit in debate is objected to by
any Member, it shall be determined without debate by a vote
of the House.’’.
(18) In rule XLVI, amend clause 4 to read as follows:
‘‘4. A Member may not send any mass mailing outside
the congressional district from which the Member was elect-
ed.’’.
(19) Amend rule LI to read as follows:
‘‘EMPLOYMENT PRACTICES.
‘‘1. The Committee on House Administration shall have
authority to issue rules and regulations applying the rights
and protections of the Fair Labor Standards Act in the
House, including, but not limited to, determination of exemp-
tion categories, permitting the use of compensatory time as
compensation under the maximum work week provisions of
the Act, describing the recordkeeping requirements and pro-
viding that such recordkeeping provisions do not apply with
respect to employees exempted pursuant to the Committee’s
Rules and Regulations.
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‘‘nondiscrimination in employment
‘‘2. (a) Personnel actions affecting employment positions
in the House of Representatives shall be made free from dis-
crimination based on race, color, national origin, religion, sex
(including marital or parental status), disability, or age.
‘‘(b)Interpretations under paragraph (a) shall reflect the
principles of current law, as generally applicable to employ-
ment.
‘‘(c) Paragraph (a) does not prohibit the taking into con-
sideration of—
‘‘(1) the domicile of an individual with respect to a
position under the clerk-hire allowance; or
‘‘(2) the political affiliation of an individual with re-
spect to a position under the clerk-hire allowance or a
position on the staff of a committee or a position under
all support offices, except as otherwise stated in the
Rules of the House of Representatives.
‘‘procedure
‘‘3. The procedure for consideration of alleged violations
of clause 2 consists of three steps as follows:
‘‘(a) step I, Counseling and Mediation, as set forth
in clause 5;
‘‘(b) step II, Formal Complaint, Hearing, and Re-
view by the Office of Fair Employment Practices, as set
forth in clause 6; and
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‘‘(c) step III, Final Review by Review Panel, as set
forth in clause 7.
‘‘office of fair employment practices
‘‘4. There is established an Office of Fair Employment
Practices (hereafter in this rule referred to as the ‘‘Office’’),
which shall carry out functions assigned under this rule. Em-
ployees and Hearing Officers of the Office shall be appointed
by, and serve at the pleasure of, the Chairman and the rank-
ing minority party member of the Committee on House Ad-
ministration, acting jointly, and shall be under the adminis-
trative direction of the Clerk of the House of Representatives.
The Office shall be located in the District of Columbia.
‘‘step i: counseling and mediation
‘‘5. (a) An individual aggrieved by an alleged violation
of clause 2 may request counseling by counselors in the Of-
fice, who shall provide information with respect to rights and
related matters under that clause. A request for counseling
shall be made not later than one hundred and eighty days
after the alleged violation and may be oral or written, at the
option of the individual. The period for counseling is thirty
days, unless the employee and the Office agree to reduce the
time period. The Office may not notify the employing author-
ity of the counseling before the beginning of mediation or the
flling of a formal complaint, whichever occurs first.
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‘‘(b) If, after counseling, the individual desires to pro-
ceed, the Office shall attempt to resolve the alleged violation
through mediation between the individual and the employing
authority.
‘‘step ii: formal complaint, hearing, and review
by the office of fair employment practices
‘‘6. (a) Not later than thirty days after the end of the
counseling period, the individual may file a formal complaint
with the Office. Not later than ten days after filing the for-
mal complaint, the individual may file with the Office a writ-
ten request for a hearing on the complaint.
‘‘(b) The hearing shall be conducted—
‘‘(1) not later than forty days after filing of the
written request under paragraph (a);
‘‘(2) on the record by a Hearing Officer of the Of-
fice appointed under the procedures set forth in clause
4; and
‘‘(3) to the greatest extent practicable, in accord-
ance with the principles and procedures set forth in sec-
tions 555 and 556 of title 5, United States Code.
‘‘(c) Not later than thirty days after the hearing, the Of-
fice shall issue a written decision to the parties. The decision
shall clearly state the issues raised by the complaint, and
shall contain a determination as to whether a violation of
clause 2 has occurred.
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‘‘step iii: final review by review panel
‘‘7. (a) In General. Not later than twenty days after is-
suance of the decision under clause 6, any party may seek
formal review of the decision by filing a written request with
the Office. The formal review shall be conducted by a panel
constituted at the beginning of each Congress and composed
of—
‘‘(1) two elected officers or employees of the House
of Representatives, appointed by the Speaker;
‘‘(2) two employees of the House of Representatives
appointed by the minority leader of the House of Rep-
resentatives;
‘‘(3) two members of the Committee on House Ad-
ministration (one of whom shall be appointed as chair-
man of the panel), appointed by the Chairman of that
Committee; and
‘‘(4) two members of the Committee on House Ad-
ministration, appointed by the ranking minority party
member of that Committee.
If any member of the panel withdraws from a particular re-
view, the appointing authority for such member shall appoint
another officer, employee, or Member of the House of Rep-
resentatives, as the case may be, to be a temporary member
of the panel for purposes of that review only.
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‘‘(b) The review under this clause shall consist of a hear-
ing (conducted in the manner described in clause 6(b)(3)), if
such hearing is considered necessary by the panel, and an ex-
amination of the record, together with any statements or
other documents the panel deems appropriate. A tie vote by
the panel is an affirmation of the decision of the Office. The
panel shall complete the review and submit a written decision
to the parties and to the Committee on House Administration
not later than sixty days after filing of the request under
paragraph (a), except that when the House has adjourned
sine die, in which case an extension of up to sixty additional
days is authorized.
‘‘resolution by agreement
‘‘8. If, after a formal complaint is filed under clause 6,
the parties resolve the issues involved, the parties shall enter
into a written agreement, which shall be effective—
‘‘(1) in the case of a matter under review by the Of-
fice under clause 6, if approved by the Office; and
‘‘(2) in the case of a matter under review by a panel
under clause 7, if approved by the panel.
‘‘remedies
‘‘9. The Office or a review panel, as the case may be,
may order one or more of the following remedies:
‘‘(a) monetary compensation, to be paid from the
clerk-hire allowance of a Member, or from personnel
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finds of a committee of the House or other entity, as ap-
propriate;
‘‘(b) monetary compensation, to be paid from the
contingent fund of the House of Representatives;
‘‘(c) injunctive relief;
‘‘(d) costs and attorney fees; and
‘‘(e) employment, reinstatement to employment, or
promotion (with or without back pay).
‘‘costs of attending hearings
‘‘10. An individual with respect to whom a hearing is
held under this rule shall be reimbursed for actual and rea-
sonable costs of attending the hearing, if the individual re-
sides outside the location of the hearing. Witnesses required
to attend the hearings by the Hearing Officer as necessary
to a fair and justiciable hearing shall be reimbursed for ac-
tual and reasonable costs of attending the hearing if they re-
side outside the location of the hearing. Expenses are to he
paid from the contingent fund of the House of Representa-
tives.
‘‘prohibition of intimidation
‘‘11. Any intimidation of, or reprisal against, any person
by an employing authority because of the exercise of a right
under this rule is a violation of clause 2.
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‘‘closed hearings and confidentiality
‘‘12. All hearings under this rule shall be closed. All in-
formation relating to any procedure under this rule is con-
fidential, except that a decision of the Office under clause 6
or a decision of a review panel under clause 7 shall be pub-
lished, if the decision constitutes a final disposition of the
matter.
‘‘exclusivity of procedures and remedies
‘‘13. The procedures and remedies under this rule are
exclusive except to the extent that the Rules of the House of
Representatives and the Rules of the House Committee on
Standards of Official Conduct provide for additional proce-
dures and remedies.
‘‘requests for witnesses and information
‘‘14. The Office of Fair Employment Practices and the
Fair Employment Practices Review Panel may issue, and the
addressees shall comply with, written requests for the produc-
tion of documents and the attendance of witnesses, if such re-
quests are necessary and relevant to the proper examination
of the issues.
‘‘internal procedures for resolution of possible
violations
‘‘15. It is the policy of the House of Representatives to
encourage each employing authority to establish internal pro-
cedures for examining and resolving possible violations of this
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rule. To the greatest extent practicable, the Office of Fair
Employment Practices shall take such action (consistent with
the rights of the parties) as may be necessary to encourage
initial use of such procedures.
‘‘definitions
‘‘16. As used in this rule—
‘‘(a) the term ‘‘employment position’’ means, with
respect to the House of Representatives, a position the
pay for which is disbursed by the Clerk of the House of
Representatives, or other official designated by the
House of Representatives, and any employment position
in a legislative service organization or other entity that
is paid through funds derived from the clerk-hire allow-
ance;
‘‘(b) the term ‘‘employing authority’’ means, the
Member of the House of Representatives or elected offi-
cer of the House of Representatives, or the Director of
the Congressional Budget Office, with the power to ap-
point the employee;
‘‘(c) the term ‘‘Member of the House of Representa-
tives’’ means a Representative in, or a Delegate or Resi-
dent Commissioner to, the Congress; and
‘‘(d) the term ‘‘elected officer of the House of
Representatives’’‘means an elected officer of the House
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of Representatives (other than the Speaker and the
Chaplain).’’.
(20) Strike rules LII and LIII.
Attest:
Clerk.
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