[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Agreed to House (ATH)]
108th CONGRESS
1st Session
H. RES. 5
Adopting rules for the One Hundred Eighth Congress.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. DeLay submitted the following resolution; which was considered and
agreed to
_______________________________________________________________________
RESOLUTION
Adopting rules for the One Hundred Eighth Congress.
Resolved, That the Rules of the House of Representatives of the One
Hundred Seventh Congress, including applicable provisions of law or
concurrent resolution that constituted 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 subparagraph:
``(3)(A) In the case of a vacancy in the office of Speaker,
the next Member on the list described in subdivision (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 may exercise such authorities of the Office
of Speaker as may be necessary and appropriate to that end.
``(B) As soon as practicable after his election and
whenever he deems appropriate thereafter, the Speaker shall
deliver to the Clerk a list of Members in the order in which
each shall act as Speaker pro tempore under subdivision (A).
``(C) For purposes of subdivision (A), a vacancy in the
office of Speaker may exist by reason of the physical inability
of the Speaker to discharge the duties of the office.''.
(b) Term of Speaker.--In rule I--
(1) strike clause 9; and
(2) redesignate clause 13 as clause 9.
(c) Recess and Convening Authorities.--In clause 12 of rule I--
(1) amend the caption to read:
``Recess and convening authorities'';
and
(2) designate the existing text as paragraph (a) and add
thereafter the following new paragraphs:
``(b) To suspend the business of the House when notified of an
imminent threat to its safety, the Speaker may declare an emergency
recess subject to the call of the Chair.
``(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 Constitution
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 Commissioner who
are members of other standing committees, including five from
the Committee on Appropriations, 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 select
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);
(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 subparagraph:
``(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 question, 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 paragraphs:
``Committee agendas
``(f) The committee shall adopt rules providing that the chairman
shall establish the agenda for meetings of the committee, 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
professional, 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 congressional or
presidential election;
``(E) no member of the staff or outside counsel may accept
public speaking engagements or write for publication 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
``(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 information, document, or
other material that is confidential, derived from executive
session, or classified and that is obtained during the course
of employment with the committee.
``(2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall
apply to shared staff.
``(3)(A) All staff members shall be appointed by an affirmative
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 during the Congress.
``(B) Subject to the approval of the Committee on House
Administration, the committee may retain counsel not employed by the
House of Representatives whenever the committee 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 investigation or other
proceeding, then such staff shall be retained only for the duration of
that particular investigation or proceeding.
``(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 personal 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 hearing held by the
committee, shall occur in executive session unless the
committee or subcommittee by an affirmative vote of a majority
of its members opens the meeting or hearing to the public; and
``(B) any hearing held by an adjudicatory subcommittee or
any sanction hearing held by the committee shall be open to the
public unless the committee 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, unless
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 matters before the committee or any
subcommittee thereof.
``Requirements to constitute a complaint
``(j) The committee shall adopt rules regarding complaints 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 regarding 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 constitutes a complaint, they shall
have 45 calendar days or five legislative days, whichever is later,
after that determination (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 applicable 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 recommendation 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 requirements 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 periods, either
the chairman or ranking minority member places on the agenda the issue
of whether to establish an investigative subcommittee, then an
investigative subcommittee may be established only by an affirmative
vote of a majority of the members of the committee.
``Duties of chairman and ranking minority member regarding information
not constituting a complaint
``(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 composed of
four Members (with equal representation from the majority and
minority parties) whenever such a subcommittee is established
pursuant to the rules of the committee;
``(B) an adjudicatory subcommittee shall be composed of the
members of the committee who did not serve on the pertinent
investigative subcommittee (with equal representation from the
majority and minority parties) whenever such a subcommittee is
established pursuant 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 subcommittee either on their own
initiative or on the initiative of the subcommittee, shall have
access to information 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 designate one
member of a subcommittee to serve as chairman and the ranking minority
member shall designate one member 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 subcommittee, but may not serve as
non-voting, ex officio members.
``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 majority of the
members of the subcommittee that there is substantial reason to believe
that a violation of the Code of Official 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 subcommittee may
authorize and issue subpoenas only when authorized 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 investigation 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 statement of
alleged violation is transmitted to the committee; 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 scheduled
vote by an investigative subcommittee on a statement 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 testimony, 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 evidence is withheld, the subcommittee shall inform the
respondent 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 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 statement of
alleged violation, the committee or any subcommittee thereof
determines that it intends to use evidence not provided to a
respondent under paragraph (1) to prove the charges contained
in the statement of alleged violation (or any amendment
thereof), such evidence shall be made immediately available to
the respondent, 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 pursuant to that
paragraph shall be made public until--
``(A) such time as a statement of alleged violation
is made public by the committee if the respondent has
waived the adjudicatory hearing; or
``(B) the commencement of an adjudicatory hearing
if the respondent has not waived an adjudicatory
hearing;
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 member
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
authorize its first subpoena or to take testimony under
oath, whichever occurs first; or
``(D) an investigative subcommittee votes to expand
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 agreement, unless the respondent
requests otherwise, shall be in writing and signed by the
respondent and respondent's counsel, the chairman and ranking
minority member of the subcommittee, and the outside counsel,
if any;
``(7) statements or information derived solely from a
respondent or his counsel during any settlement discussions
between the committee or a subcommittee thereof and the
respondent shall not be included in any report of the
subcommittee or the committee or otherwise publicly disclosed
without the consent of the respondent; 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 respondent waives
his or her right to an adjudicatory hearing, and the
respondent's waiver is approved by the committee--
``(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 writing
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 Representatives, together
with the respondent's views previously submitted
pursuant to subdivision (B) and any additional views
respondent may submit for attachment 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 the commencement of a
sanction hearing and the committee vote on whether to adopt the
report.''.
(i) Joint Referral.--In clause 2(c)(1) of rule XII, insert before
the semicolon the following: ``(except where he determines 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 impact
analysis;
``(ii) the report includes a statement from the
Joint Committee on Internal Revenue Taxation explaining
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--
``(i) an estimate prepared by the Joint Committee
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, disqualification, 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 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 minimum time for
electronic voting on any question arising without 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 administration 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.
(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 allocated 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 organization; 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 resolution on the
budget under section 301 or 304 of the Congressional Budget Act of 1974
that sets forth, as the appropriate level of the public debt for the
period to which the concurrent resolution relates, an amount that is
different from the amount of the statutory limit on the public debt
that otherwise would be in effect for that period, the Clerk shall
prepare an engrossment of a joint resolution increasing or decreasing,
as the case may be, the statutory limit on the public debt in the form
prescribed in clause 2. Upon engrossment of the joint resolution, the
vote by which the concurrent resolution on the budget was finally
agreed to in the House shall also be considered as a vote on passage of
the joint resolution in the House, and the joint resolution shall be
considered as passed by the House and duly certified and examined. The
engrossed copy shall be signed by the Clerk and transmitted to the
Senate for further legislative action.
``2. The matter after the resolving clause in a joint resolution
described in clause 1 shall be as follows: `That subsection (b) of
section 3101 of title 31, United States Code, is amended by striking
out the dollar limitation contained in such subsection and inserting in
lieu thereof ``$________''.', with the blank being filled with a dollar
limitation equal to the appropriate level of the public debt set forth
pursuant to section 301(a)(5) of the Congressional Budget Act of 1974
in the relevant concurrent resolution described in clause 1. If an
adopted concurrent resolution under clause 1 sets forth different
appropriate levels of the public debt for separate periods, only one
engrossed joint resolution shall be prepared under clause 1; and the
blank referred to in the preceding sentence shall be filled with the
limitation that is to apply for each period.
``3. (a) The report of the Committee on the Budget on a concurrent
resolution described in clause 1 and the joint explanatory statement of
the managers on a conference report to accompany such a concurrent
resolution each shall contain a clear statement of the effect the
eventual enactment of a joint resolution engrossed under this rule
would have on the statutory limit on the public debt.
(b) It shall not be in order for the House to consider a concurrent
resolution described in clause 1, or a conference report thereon,
unless the report of the Committee on the Budget or the joint
explanatory statement of the managers complies with paragraph (a).
``4. Nothing in this rule shall be construed as limiting or
otherwise affecting--
``(a) the power of the House or the Senate to consider and
pass bills or joint resolutions, without regard to the
procedures under clause 1, that would change the statutory
limit on the public debt; or
``(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the introduction,
consideration, and reporting of such bills or joint
resolutions.
``5. In this rule the term `statutory limit on the public debt'
means the maximum face amount of obligations issued under authority of
chapter 31 of title 31, United States Code, and obligations guaranteed
as to principal and interest by the United States (except such
guaranteed obligations as may be held by the Secretary of the
Treasury), as determined under section 3101(b) of such title after the
application of section 3101(a) of such title, that may be outstanding
at any one time.''.
(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 ``organization''
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''.
(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 subparagraph
(2), the Speaker may postpone further proceedings 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 further 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 resolution''
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''.
SEC. 3. SEPARATE ORDERS.
(a) Budget Matters.--
(1) During the One Hundred Eighth 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 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 previous 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 amendment thereto or a
conference report thereon, that establishes prospectively for a
Federal office or position a specified or minimum level of
compensation to be funded by annual discretionary
appropriations shall not be considered as providing new
entitlement authority within the meaning of the Congressional
Budget Act of 1974.
(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 Concurrent Resolution 353 of
the One Hundred Seventh Congress, as adopted by the House,
shall have force and effect in the House as though the One
Hundred Eighth Congress has adopted such a concurrent
resolution.
(B) The chairman of the Committee on the Budget (when
elected) shall submit for printing in the Congressional
Record--
(i) the allocations contemplated by section 302(a)
of the Congressional Budget Act of 1974 to accompany
the concurrent resolution described in subparagraph
(A), which shall be considered to be such allocations
under a concurrent resolution on the budget;
(ii) ``Accounts Identified for Advance
Appropriations'', which shall be considered to be the
programs, projects, activities, or accounts referred to
section 301(b) of House Concurrent Resolution 353 of
the One Hundred Seventh Congress, as adopted by the
House; and
(iii) an estimated unified surplus, which shall be
considered to be the estimated unified surplus set
forth in the report of the Committee on the Budget
accompanying House Concurrent Resolution 353 of the One
Hundred Seventh Congress referred to in section 211 of
such concurrent resolution.
(C) The allocation referred to in section 231(d) of House
Concurrent Resolution 353 of the One Hundred Seventh Congress,
as adopted by the House, shall be considered to be the
corresponding allocation among those submitted by the chairman
of the Committee on the Budget under subparagraph (B)(i).
(b) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X,
during the One Hundred Eighth 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 six subcommittees; and
(3) the Committee on Transportation and Infrastructure may
have not more than six subcommittees.
(c) Numbering of Bills.--In the One Hundred Eighth Congress, the
first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved
for assignment by the Speaker to such bills as he may designate when
introduced during the first session.
(d) Motions to Suspend the Rules.--During the first session of the
One Hundred Eighth Congress, the Speaker may entertain motions that the
House suspend the rules on Wednesdays through the second Wednesday in
April as though under clause 1 of rule XV.
SEC. 4. SELECT COMMITTEE ON HOMELAND SECURITY.
(a) Establishment; Composition; Vacancies.--
(1) Establishment.--During the One Hundred Eighth Congress,
there is established a Select Committee on Homeland Security.
(2) Composition.--The select committee shall be composed of
Members appointed by the Speaker, including Members appointed
on the recommendation of the Minority Leader. The Speaker shall
designate one member as chairman. Service on the select
committee shall not count against the limitations on committee
service in clause 5(b)(2) of rule X.
(3) Vacancies.--Any vacancies occurring in the membership
of the select committee shall be filled in the same manner as
the original appointment.
(b) Jurisdiction; Functions.--
(1) Legislative Jurisdiction.--The select committee may
develop recommendations and report to the House by bill or
otherwise on such matters that relate to the Homeland Security
Act of 2002 (Public Law 107-296) as may be referred to it by
the Speaker.
(2) Oversight Function.--The select committee shall review
and study on a continuing basis laws, programs, and Government
activities relating to homeland security.
(3) Rules Study.--The select committee is authorized and
directed to conduct a thorough and complete study of the
operation and implementation of the rules of the House,
including rule X, with respect to the issue of homeland
security. The select committee shall submit its recommendations
regarding any changes in the rules of the House to the
Committee on Rules not later than September 30, 2004.
(c) Procedure.--The rules of the House applicable to the standing
committees shall govern the select committee where not inconsistent
with this section.
(d) Funding.--To enable the select committee to carry out the
purposes of this resolution, the select committee may use the services
of staff of the House.
(e) Disposition of Records.--Upon dissolution of the select
committee, the records of the select committee shall become the records
of any committee designated by the Speaker.
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