[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]
In the House of Representatives, U.S.,
January 7, 2003.
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.
Attest:
Clerk.