H. Res. 5
In the House of Representatives, U.S.,
January 7, 2003.
Resolved, That the Rules of the House of Representa-
tives of the One Hundred Seventh Congress, including appli-
cable provisions of law or concurrent resolution that con-
stituted rules of the House at the end of the One Hundred
Seventh Congress, are adopted as the Rules of the House of
Representatives of the One Hundred Eighth Congress, with
amendments to the standing rules as provided in section 2,
and with other orders as provided in sections 3 and 4.
SEC. 2. CHANGES IN STANDING RULES.
(a) MEMBERS TO ACT AS SPEAKER PRO TEMPORE.—In
clause 8(b) of rule I, add at the end the following new sub-
paragraph:
‘‘(3)(A) In the case of a vacancy in the office of
Speaker, the next Member on the list described in sub-
division (B) shall act as Speaker pro tempore until the
election of a Speaker or a Speaker pro tempore. Pending
such election the Member acting as Speaker pro tempore
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‘‘(c) During any recess or adjournment of not more than
three days, if the Speaker is notified by the Sergeant-at-Arms
of an imminent impairment of the place of reconvening at the
time previously appointed, then he may, in consultation with
the Minority Leader—
‘‘(1) postpone the time for reconvening within the
limits of clause 4, section 5, article I of the Constitution
and notify Members accordingly; or
‘‘(2) reconvene the House before the time previously
appointed solely to declare the House in recess within
the limits of clause 4, section 5, article I of the Constitu-
tion and notify Members accordingly.
‘‘(d) The Speaker may convene the House in a place at
the seat of government other than the Hall of the House
whenever, in his opinion, the public interest shall warrant
it.’’.
(d) PRIVILEGES OF FLOOR.—In clause 2(a)(7) of rule
IV, after ‘‘consideration’’ insert a comma followed by ‘‘and
staff of the respective party leaderships when so assigned
with the approval of the Speaker’’.
(e) MEMBERSHIP OF BUDGET COMMITTEE.—In clause
5(a)(2) of rule X, amend subdivision (A)(i) to read as follows:
‘‘(i) Members, Delegates, or the Resident Commis-
sioner who are members of other standing committees,
including five from the Committee on Appropriations,
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five from the Committee on Ways and Means, and one
from the Committee on Rules;’’.
(e–1) TENURE OF CERTAIN CHAIRMEN AND RANKING
MINORITY MEMBERS.—
(1) In clause 5(a)(2) of rule X, amend subdivision
(C) to read as follows:
‘‘(C) In the case of a Member, Delegate, or
Resident Commissioner elected to serve as the
chairman or the ranking minority member of the
committee, tenure on the committee shall be limited
only by paragraph (c)(2) of this clause.’’.
(2) In clause 11(a)(4) of rule X, amend subdivision
(B) to read as follows:
‘‘(B) In the case of a Member, Delegate, or
Resident Commissioner appointed to serve as the
chairman or the ranking minority member of the se-
lect committee, tenure on the select committee shall
not be limited.’’.
(f) ASSOCIATE STAFF.—In clause 9(b) of rule X—
(1) redesignate subparagraph (2) as subparagraph
(2)(A);
(2) redesignate subparagraph (3) as subparagraph
(2)(B);
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(3) in subparagraph (2)(B), as redesignated, insert
‘‘other than the Committee on Appropriations’’ after ‘‘a
committee’’; and
(4) strike subparagraph (4).
(g) POSTPONING VOTES IN COMMITTEES.—At the end
of clause 2(h) of rule XI, add the following new subpara-
graph:
‘‘(4)(A) Each committee may adopt a rule authorizing
the chairman of a committee or subcommittee—
‘‘(i) to postpone further proceedings when a record
vote is ordered on the question of approving a measure
or matter or on adopting an amendment; and
‘‘(ii) to resume proceedings on a postponed question
at any time after reasonable notice.
‘‘(B) A rule adopted pursuant to this subparagraph shall
provide that when proceedings resume on a postponed ques-
tion, notwithstanding any intervening order for the previous
question, an underlying proposition shall remain subject to
further debate or amendment to the same extent as when the
question was postponed.’’.
(h) CODIFICATION OF FREESTANDING ETHICS RULES.—
In clause 3 of rule XI, add at the end the following new para-
graphs:
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‘‘Committee agendas
‘‘(f) The committee shall adopt rules providing that the
chairman shall establish the agenda for meetings of the com-
mittee, but shall not preclude the ranking minority member
from placing any item on the agenda.
‘‘Committee staff
‘‘(g)(1) The committee shall adopt rules providing
that—
‘‘(A) the staff be assembled and retained as a pro-
fessional, nonpartisan staff;
‘‘(B) each member of the staff shall be professional
and demonstrably qualified for the position for which he
is hired;
‘‘(C) the staff as a whole and each member of the
staff shall perform all official duties in a nonpartisan
manner;
‘‘(D) no member of the staff shall engage in any
partisan political activity directly affecting any congres-
sional or presidential election;
‘‘(E) no member of the staff or outside counsel may
accept public speaking engagements or write for publica-
tion on any subject that is in any way related to his or
her employment or duties with the committee without
specific prior approval from the chairman and ranking
minority member; and
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‘‘(F) no member of the staff or outside counsel may
make public, unless approved by an affirmative vote of
a majority of the members of the committee, any infor-
mation, document, or other material that is confidential,
derived from executive session, or classified and that is
obtained during the course of employment with the com-
mittee.
‘‘(2) Only subdivisions (C), (E), and (F) of subpara-
graph (1) shall apply to shared staff.
‘‘(3)(A) All staff members shall be appointed by an af-
firmative vote of a majority of the members of the committee.
Such vote shall occur at the first meeting of the membership
of the committee during each Congress and as necessary dur-
ing the Congress.
‘‘(B) Subject to the approval of the Committee on House
Administration, the committee may retain counsel not em-
ployed by the House of Representatives whenever the com-
mittee determines, by an affirmative vote of a majority of the
members of the committee, that the retention of outside
counsel is necessary and appropriate.
‘‘(C) If the committee determines that it is necessary to
retain staff members for the purpose of a particular inves-
tigation or other proceeding, then such staff shall be retained
only for the duration of that particular investigation or pro-
ceeding.
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‘‘(D) Outside counsel may be dismissed before the end
of a contract between the committee and such counsel only
by an affirmative vote of a majority of the members of the
committee.
‘‘(4) In addition to any other staff provided for by law,
rule, or other authority, with respect to the committee, the
chairman and ranking minority member each may appoint
one individual as a shared staff member from his or her per-
sonal staff to perform service for the committee. Such shared
staff may assist the chairman or ranking minority member on
any subcommittee on which he serves.
‘‘Meetings and hearings
‘‘(h)(1) The committee shall adopt rules providing
that—
‘‘(A) all meetings or hearings of the committee or
any subcommittee thereof, other than any hearing held
by an adjudicatory subcommittee or any sanction hear-
ing held by the committee, shall occur in executive ses-
sion unless the committee or subcommittee by an affirm-
ative vote of a majority of its members opens the meet-
ing or hearing to the public; and
‘‘(B) any hearing held by an adjudicatory sub-
committee or any sanction hearing held by the com-
mittee shall be open to the public unless the committee
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or subcommittee by an affirmative vote of a majority of
its members closes the hearing to the public.
‘‘Public disclosure
‘‘(i) The committee shall adopt rules providing that, un-
less otherwise determined by a vote of the committee, only
the chairman or ranking minority member, after consultation
with each other, may make public statements regarding mat-
ters before the committee or any subcommittee thereof.
‘‘Requirements to constitute a complaint
‘‘(j) The committee shall adopt rules regarding com-
plaints to provide that whenever information offered as a
complaint is submitted to the committee, the chairman and
ranking minority member shall have 14 calendar days or five
legislative days, whichever is sooner, to determine whether
the information meets the requirements of the rules of the
committee for what constitutes a complaint.
‘‘Duties of chairman and ranking minority member re-
garding properly filed complaints
‘‘(k)(1) The committee shall adopt rules providing that
whenever the chairman and ranking minority member jointly
determine that information submitted to the committee meets
the requirements of the rules of the committee for what con-
stitutes a complaint, they shall have 45 calendar days or five
legislative days, whichever is later, after that determination
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(unless the committee by an affirmative vote of a majority of
its members votes otherwise) to—
‘‘(A) recommend to the committee that it dispose of
the complaint, or any portion thereof, in any manner
that does not require action by the House, which may
include dismissal of the complaint or resolution of the
complaint by a letter to the Member, officer, or employee
of the House against whom the complaint is made;
‘‘(B) establish an investigative subcommittee; or
‘‘(C) request that the committee extend the applica-
ble 45-calendar day or five-legislative day period by one
additional 45-calendar day period when they determine
more time is necessary in order to make a recommenda-
tion under subdivision (A).
‘‘(2) The committee shall adopt rules providing that if
the chairman and ranking minority member jointly determine
that information submitted to the committee meets the re-
quirements of the rules of the committee for what constitutes
a complaint, and the complaint is not disposed of within the
applicable time periods under subparagraph (1), then they
shall establish an investigative subcommittee and forward the
complaint, or any portion thereof, to that subcommittee for
its consideration. However, if, at any time during those peri-
ods, either the chairman or ranking minority member places
on the agenda the issue of whether to establish an investiga-
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tive subcommittee, then an investigative subcommittee may
be established only by an affirmative vote of a majority of the
members of the committee.
‘‘Duties of chairman and ranking minority member re-
garding information not constituting a com-
plaint
‘‘(l) The committee shall adopt rules providing that
whenever the chairman and ranking minority member jointly
determine that information submitted to the committee does
not meet the requirements of the rules of the committee for
what constitutes a complaint, they may—
‘‘(1) return the information to the complainant with
a statement that it fails to meet the requirements of the
rules of the committee for what constitutes a complaint;
or
‘‘(2) recommend to the committee that it authorize
the establishment of an investigative subcommittee.
‘‘Investigative and adjudicatory subcommittees
‘‘(m) The committee shall adopt rules providing that—
‘‘(1)(A) an investigative subcommittee shall be com-
posed of four Members (with equal representation from
the majority and minority parties) whenever such a sub-
committee is established pursuant to the rules of the
committee;
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‘‘(B) an adjudicatory subcommittee shall be com-
posed of the members of the committee who did not
serve on the pertinent investigative subcommittee (with
equal representation from the majority and minority par-
ties) whenever such a subcommittee is established pursu-
ant to the rules of the committee; and
‘‘(C) notwithstanding any other provision of this
clause, the chairman and ranking minority member of
the committee may consult with an investigative sub-
committee either on their own initiative or on the initia-
tive of the subcommittee, shall have access to informa-
tion before a subcommittee with which they so consult,
and shall not thereby be precluded from serving as full,
voting members of any adjudicatory subcommittee;
‘‘(2) at the time of appointment, the chairman shall des-
ignate one member of a subcommittee to serve as chairman
and the ranking minority member shall designate one mem-
ber of the subcommittee to serve as the ranking minority
member; and
‘‘(3) the chairman and ranking minority member of the
committee may serve as members of an investigative sub-
committee, but may not serve as non-voting, ex officio mem-
bers.
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‘‘Standard of proof for adoption of statement of alleged
violation
‘‘(n) The committee shall adopt rules to provide that an
investigative subcommittee may adopt a statement of alleged
violation only if it determines by an affirmative vote of a ma-
jority of the members of the subcommittee that there is sub-
stantial reason to believe that a violation of the Code of Offi-
cial Conduct, or of a law, rule, regulation, or other standard
of conduct applicable to the performance of official duties or
the discharge of official responsibilities by a Member, officer,
or employee of the House of Representatives, has occurred.
‘‘Subcommittee powers
‘‘(o)(1) The committee shall adopt rules providing that
an investigative subcommittee or an adjudicatory sub-
committee may authorize and issue subpoenas only when au-
thorized by an affirmative vote of a majority of the members
of the subcommittee.
‘‘(2) The committee shall adopt rules providing that an
investigative subcommittee may, upon an affirmative vote of
a majority of its members, expand the scope of its investiga-
tion approved by an affirmative vote of a majority of the
members of the committee.
‘‘(3) The committee shall adopt rules to provide that—
‘‘(A) an investigative subcommittee may, upon an
affirmative vote of a majority of its members, amend its
statement of alleged violation anytime before the state-
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ment of alleged violation is transmitted to the com-
mittee; and
‘‘(B) if an investigative subcommittee amends its
statement of alleged violation, the respondent shall be
notified in writing and shall have 30 calendar days from
the date of that notification to file an answer to the
amended statement of alleged violation.
‘‘Due process rights of respondents
‘‘(p) The committee shall adopt rules to provide that—
‘‘(1) not less than 10 calendar days before a sched-
uled vote by an investigative subcommittee on a state-
ment of alleged violation, the subcommittee shall provide
the respondent with a copy of the statement of alleged
violation it intends to adopt together with all evidence it
intends to use to prove those charges which it intends
to adopt, including documentary evidence, witness testi-
mony, memoranda of witness interviews, and physical
evidence, unless the subcommittee by an affirmative vote
of a majority of its members decides to withhold certain
evidence in order to protect a witness; but if such evi-
dence is withheld, the subcommittee shall inform the re-
spondent that evidence is being withheld and of the
count to which such evidence relates;
‘‘(2) neither the respondent nor his counsel shall,
directly or indirectly, contact the subcommittee or any
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member thereof during the period of time set forth in
paragraph (1) except for the sole purpose of settlement
discussions where counsel for the respondent and the
subcommittee are present;
‘‘(3) if, at any time after the issuance of a state-
ment of alleged violation, the committee or any sub-
committee thereof determines that it intends to use evi-
dence not provided to a respondent under paragraph (1)
to prove the charges contained in the statement of al-
leged violation (or any amendment thereof), such evi-
dence shall be made immediately available to the re-
spondent, and it may be used in any further proceeding
under the rules of the committee;
‘‘(4) evidence provided pursuant to paragraph (1)
or (3) shall be made available to the respondent and his
or her counsel only after each agrees, in writing, that no
document, information, or other materials obtained pur-
suant to that paragraph shall be made public until—
‘‘(A) such time as a statement of alleged viola-
tion is made public by the committee if the respond-
ent has waived the adjudicatory hearing; or
‘‘(B) the commencement of an adjudicatory
hearing if the respondent has not waived an adju-
dicatory hearing;
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but the failure of respondent and his counsel to so agree
in writing, and their consequent failure to receive the
evidence, shall not preclude the issuance of a statement
of alleged violation at the end of the period referred to
in paragraph (1);
‘‘(5) a respondent shall receive written notice
whenever—
‘‘(A) the chairman and ranking minority mem-
ber determine that information the committee has
received constitutes a complaint;
‘‘(B) a complaint or allegation is transmitted
to an investigative subcommittee;
‘‘(C) an investigative subcommittee votes to au-
thorize its first subpoena or to take testimony under
oath, whichever occurs first; or
‘‘(D) an investigative subcommittee votes to ex-
pand the scope of its investigation;
‘‘(6) whenever an investigative subcommittee adopts
a statement of alleged violation and a respondent enters
into an agreement with that subcommittee to settle a
complaint on which that statement is based, that agree-
ment, unless the respondent requests otherwise, shall be
in writing and signed by the respondent and respond-
ent’s counsel, the chairman and ranking minority mem-
ber of the subcommittee, and the outside counsel, if any;
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‘‘(7) statements or information derived solely from
a respondent or his counsel during any settlement dis-
cussions between the committee or a subcommittee
thereof and the respondent shall not be included in any
report of the subcommittee or the committee or other-
wise publicly disclosed without the consent of the re-
spondent; and
‘‘(8) whenever a motion to establish an investigative
subcommittee does not prevail, the committee shall
promptly send a letter to the respondent informing him
of such vote.
‘‘Committee reporting requirements
‘‘(q) The committee shall adopt rules to provide that—
‘‘(1) whenever an investigative subcommittee does
not adopt a statement of alleged violation and transmits
a report to that effect to the committee, the committee
may by an affirmative vote of a majority of its members
transmit such report to the House of Representatives;
‘‘(2) whenever an investigative subcommittee adopts
a statement of alleged violation, the respondent admits
to the violations set forth in such statement, the re-
spondent waives his or her right to an adjudicatory hear-
ing, and the respondent’s waiver is approved by the
committee—
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‘‘(A) the subcommittee shall prepare a report
for transmittal to the committee, a final draft of
which shall be provided to the respondent not less
than 15 calendar days before the subcommittee
votes on whether to adopt the report;
‘‘(B) the respondent may submit views in writ-
ing regarding the final draft to the subcommittee
within seven calendar days of receipt of that draft;
‘‘(C) the subcommittee shall transmit a report
to the committee regarding the statement of alleged
violation together with any views submitted by the
respondent pursuant to subdivision (B), and the
committee shall make the report together with the
respondent’s views available to the public before the
commencement of any sanction hearing; and
‘‘(D) the committee shall by an affirmative
vote of a majority of its members issue a report and
transmit such report to the House of Representa-
tives, together with the respondent’s views pre-
viously submitted pursuant to subdivision (B) and
any additional views respondent may submit for at-
tachment to the final report; and
‘‘(3) members of the committee shall have not less
than 72 hours to review any report transmitted to the
committee by an investigative subcommittee before both
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the commencement of a sanction hearing and the com-
mittee vote on whether to adopt the report.’’.
(i) JOINT REFERRAL.—In clause 2(c)(1) of rule XII, in-
sert before the semicolon the following: ‘‘(except where he de-
termines that extraordinary circumstances justify review by
more than one committee as though primary)’’.
(j) MACROECONOMIC ANALYSES OF TAX PROPOSALS.—
In clause 3(h) of rule XIII, strike subparagraphs (2) and (3)
and insert in lieu thereof the following:
‘‘(2)(A) It shall not be in order to consider a bill
or joint resolution reported by the Committee on Ways
and Means that proposes to amend the Internal Revenue
Code of 1986 unless—
‘‘(i) the report includes a macroeconomic im-
pact analysis;
‘‘(ii) the report includes a statement from the
Joint Committee on Internal Revenue Taxation ex-
plaining why a macroeconomic impact analysis is
not calculable; or
‘‘(iii) the chairman of the Committee on Ways
and Means causes a macroeconomic impact analysis
to be printed in the Congressional Record before
consideration of the bill or joint resolution.
‘‘(B) In subdivision (A), the term ‘macroeconomic
impact analysis’ means—
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‘‘(i) an estimate prepared by the Joint Com-
mittee on Internal Revenue Taxation of the changes
in economic output, employment, capital stock, and
tax revenues expected to result from enactment of
the proposal; and
‘‘(ii) a statement from the Joint Committee on
Internal Revenue Taxation identifying the critical
assumptions and the source of data underlying that
estimate.’’.
(k) PERSONAL ELECTRONIC EQUIPMENT ON FLOOR.—
In clause 5 of rule XVII, strike ‘‘any personal’’ and all that
follows in the penultimate sentence and insert in lieu thereof
‘‘a wireless telephone or personal computer on the floor of the
House.’’.
(l) ACCOUNTING FOR VACANCIES.—In clause 5 of rule
XX, add after paragraph (b) the following new paragraph:
‘‘(c) Upon the death, resignation, expulsion, disqualifica-
tion, or removal of a Member, the whole number of the House
shall be adjusted accordingly. The Speaker shall announce
the adjustment to the House. Such an announcement shall
not be subject to appeal. In the case of a death, the Speaker
may lay before the House such documentation from Federal,
State, or local officials as he deems pertinent.’’.
(m) PROCEEDINGS DURING CALL OF HOUSE.—In clause
6(c) of rule XX, strike ‘‘the Speaker may entertain a motion
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that the House adjourn’’ and insert in lieu thereof ‘‘a motion
that the House adjourn shall be in order’’.
(n) FIVE-MINUTE VOTING
IN SERIES.—In rule XX,
amend clause 9 to read as follows:
‘‘9. The Speaker may reduce to five minutes the min-
imum time for electronic voting on any question arising with-
out intervening business after an electronic vote on another
question if notice of possible five-minute voting for a given
series of votes was issued before the preceding electronic
vote.’’.
(o) CERTAIN TAX OR TARIFF PROVISIONS.—In clause
5(a) of rule XXI, designate the existing text as subparagraph
(1) and add thereafter the following new subparagraph:
‘‘(2) For purposes of paragraph (1), a tax or tariff
measure includes an amendment proposing a limitation
on funds in a general appropriation bill for the adminis-
tration of a tax or tariff.’’.
(p) MOTIONS TO INSTRUCT DURING CONFERENCE.—In
clause 7(c)(1) of rule XXII, strike ‘‘20 calendar days’’ and
insert in lieu thereof ‘‘20 calendar days and 10 legislative
days’’.
(q) PRACTICE OF MEDICINE.—In clause 2 of rule XXV,
insert ‘‘except for the practice of medicine’’ after ‘‘fiduciary
relationship’’ in both places it appears.
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(r) GIFTS OF PERISHABLE FOOD.—In clause 5(a)(1)(B)
of rule XXV, before the last sentence insert the following:
‘‘The value of perishable food sent to an office shall be allo-
cated among the individual recipients and not to the Member,
Delegate, or Resident Commissioner.’’.
(s) CHARITY TRAVEL.—In clause 5(a)(4)(C) of rule
XXV, insert before the period the following:
‘‘unless—
‘‘(i) all of the net proceeds of the event are for the
benefit of an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code;
‘‘(ii) reimbursement for the transportation and
lodging in connection with the event is paid by such or-
ganization; and
‘‘(iii) the offer of free attendance at the event is
made by such organization’’.
(t) PUBLIC
DEBT-LIMIT
LEGISLATION.—Redesignate
rule XXVII as rule XXVIII and insert after rule XXVI the
following new rule:
‘‘RULE XXVII
‘‘STATUTORY LIMIT ON PUBLIC DEBT
‘‘1. Upon adoption by Congress of a concurrent resolu-
tion on the budget under section 301 or 304 of the Congres-
sional Budget Act of 1974 that sets forth, as the appropriate
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level of the public debt for the period to which the concurrent
resolution relates, an amount that is different from the
amount of the statutory limit on the public debt that other-
wise would be in effect for that period, the Clerk shall pre-
pare an engrossment of a joint resolution increasing or de-
creasing, as the case may be, the statutory limit on the public
debt in the form prescribed in clause 2. Upon engrossment
of the joint resolution, the vote by which the concurrent reso-
lution on the budget was finally agreed to in the House shall
also be considered as a vote on passage of the joint resolution
in the House, and the joint resolution shall be considered as
passed by the House and duly certified and examined. The
engrossed copy shall be signed by the Clerk and transmitted
to the Senate for further legislative action.
‘‘2. The matter after the resolving clause in a joint reso-
lution described in clause 1 shall be as follows: ‘That sub-
section (b) of section 3101 of title 31, United States Code,
is amended by striking out the dollar limitation contained in
such subsection and inserting in lieu thereof ‘‘$llll’’.’,
with the blank being filled with a dollar limitation equal to
the appropriate level of the public debt set forth pursuant to
section 301(a)(5) of the Congressional Budget Act of 1974
in the relevant concurrent resolution described in clause 1. If
an adopted concurrent resolution under clause 1 sets forth
different appropriate levels of the public debt for separate pe-
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riods, only one engrossed joint resolution shall be prepared
under clause 1; and the blank referred to in the preceding
sentence shall be filled with the limitation that is to apply for
each period.
‘‘3. (a) The report of the Committee on the Budget on
a concurrent resolution described in clause 1 and the joint ex-
planatory statement of the managers on a conference report
to accompany such a concurrent resolution each shall contain
a clear statement of the effect the eventual enactment of a
joint resolution engrossed under this rule would have on the
statutory limit on the public debt.
(b) It shall not be in order for the House to consider a
concurrent resolution described in clause 1, or a conference
report thereon, unless the report of the Committee on the
Budget or the joint explanatory statement of the managers
complies with paragraph (a).
‘‘4. Nothing in this rule shall be construed as limiting
or otherwise affecting—
‘‘(a) the power of the House or the Senate to con-
sider and pass bills or joint resolutions, without regard
to the procedures under clause 1, that would change the
statutory limit on the public debt; or
‘‘(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the intro-
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duction, consideration, and reporting of such bills or
joint resolutions.
‘‘5. In this rule the term ‘statutory limit on the public
debt’ means the maximum face amount of obligations issued
under authority of chapter 31 of title 31, United States Code,
and obligations guaranteed as to principal and interest by the
United States (except such guaranteed obligations as may be
held by the Secretary of the Treasury), as determined under
section 3101(b) of such title after the application of section
3101(a) of such title, that may be outstanding at any one
time.’’.
(u) TECHNICAL AND CODIFYING CHANGES.—
(1) In clause 2(g) of rule II—
(A) strike ‘‘do’’ in each place it appears and
insert in lieu thereof ‘‘perform’’; and
(B) strike ‘‘done’’ and insert in lieu thereof
‘‘performed’’.
(2) In clause 1(g)(6) of rule X, strike ‘‘organiza-
tion’’ and insert in lieu thereof ‘‘organizations’’.
(3) In clause 3(a)(1)(B) of rule XIII, strike ‘‘or
(4)’’.
(4) In clause 3 of rule XVIII, strike ‘‘All bills’’ and
insert in lieu thereof ‘‘All public bills’’.
(5) In clause 2(a) of rule XX, strike ‘‘9 or 10’’ and
insert in lieu thereof ‘‘8 or 9’’.
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(6) In clause 8 of rule XX—
(A) amend paragraph (a)(1) to read as follows:
‘‘(a)(1) When a recorded vote is ordered, or the yeas and
nays are ordered, or a vote is objected to under clause 6—
‘‘(A) on any of the questions specified in subpara-
graph (2), the Speaker may postpone further pro-
ceedings to a designated place in the legislative schedule
within two additional legislative days; and
‘‘(B) on the question of agreeing to the Speaker’s
approval of the Journal, the Speaker may postpone fur-
ther proceedings to a designated place in the legislative
schedule on that legislative day.’’; and
(B) in paragraph (a)(2), strike ‘‘the’’ before
‘‘subparagraph (1)’’.
(7) In clause 8 of rule XX—
(A) in paragraph (b) strike ‘‘in the order in
which it was considered’’; and
(B) in paragraph (d) strike ‘‘in the order in
which they were considered’’.
(8) In clause 1 of rule XXII, strike ‘‘bill or resolu-
tion’’ in each place it appears and insert in lieu thereof
‘‘proposition’’.
(9) In clause 12(a)(2) of rule XXII, strike ‘‘by a
record vote’’ and insert in lieu thereof ‘‘by the yeas and
nays’’.
•HRES 5 EH
SEC. 3. SEPARATE ORDERS.
(a) BUDGET MATTERS.—
(1) During the One Hundred Eighth Congress, ref-
erences 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 Eighth 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 pre-
vious question is ordered directly to passage, as the case
may be.
(3) During the One Hundred Eighth Congress, a
provision in a bill or joint resolution, or in an amend-
ment thereto or a conference report thereon, that estab-
lishes prospectively for a Federal office or position a
specified or minimum level of compensation to be funded
by annual discretionary appropriations shall not be con-
sidered as providing new entitlement authority within
the meaning of the Congressional Budget Act of 1974.
(4)(A) During the One Hundred Eighth Congress,
pending the adoption of a concurrent resolution on the
budget for fiscal year 2003, the provisions of House