<DOC>
[House Journal, 105th Congress, 2d Session, Part 2]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:05rule2.wais]
[Page 2261-2305]
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RULES OF THE HOUSE OF REPRESENTATIVES
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ONE HUNDRED FIFTH CONGRESS
Rule I
duties of the speaker
1. The Speaker shall take the Chair on every legislative day precisely
at the hour to which the House shall have adjourned at the last sitting
and immediately call the Members to order. The Speaker, having examined
the Journal of the proceedings of the last day's sitting and approved
the same, shall announce to the House his approval of the Journal, and
the Speaker's approval of the Journal shall be deemed to be agreed to
subject to a vote on agreeing to the Speaker's approval on the demand of
any Member, which vote, if decided in the affirmative, shall not be
subject to a motion to reconsider. It shall be in order to offer one
motion that the Journal be read only if the Speaker's approval of the
Journal is not agreed to, and such motion shall be determined without
debate and shall not be subject to a motion to reconsider.
2. He shall preserve order and decorum, and, in case of disturbance or
disorderly conduct in the galleries, or in the lobby, may cause the same
to be cleared.
3. He shall have general control, except as provided by rule or law,
of the Hall of the House, and of the corridors and passages and the
disposal of the unappropriated rooms in that part of the Capitol
assigned to the use of the House, until further order.
4. He shall sign all acts, addresses, joint resolutions, writs,
warrants, and subpoenas of, or issued by order of, the House and decide
all questions of order, subject to an appeal by any Member, on which
appeal no Member shall speak more than once, unless by permission of the
House. The Speaker is authorized to sign enrolled bills whether or not
the House is in session.
5. (a) He shall rise to put a question, but may state it sitting; and
shall put questions in this form, to wit: ``As many as are in favor (as
the question may be), say `Aye'.''; and after the affirmative voice is
expressed, ``As many as are opposed, say `No'.''; if he doubts, or a
division is called for, the House shall divide; those in the affirmative
of the question shall first rise from their seats, and then those in the
negative. If any Member requests a recorded vote and that request is
supported by at least one-fifth of a quorum, such vote shall be taken by
electronic device, unless the Speaker in his discretion orders clerks to
tell the names of those voting on each side of the question, and such
names shall be recorded by electronic device or by clerks, as the case
may be, and shall be entered in the Journal, together with the names of
those not voting. A recorded vote taken pursuant to this paragraph shall
be considered a vote by the yeas and nays. Members shall have not less
than fifteen minutes to be counted from the ordering of the recorded
vote or the ordering of clerks to tell the vote.
(b)(1) On any legislative day whenever a recorded vote is ordered or
the yeas and nays are ordered, or a vote is objected to under clause 4
of rule XV on any of the following questions, the Speaker may, in his
discretion, postpone further proceedings on each such question to a
designated time or place in the legislative schedule on that legislative
day in the case of the question of agreeing to the Speaker's approval of
the Journal, or within two legislative days, in the case of the other
questions listed herein:
(A) the question of adopting a resolution;
(B) the question of passing a bill;
(C) the question of agreeing to a motion to instruct conferees as
provided in clause 1(c) of rule XXVIII: Provided, however, That
proceedings shall not resume on said question if the conferees have
filed a report in the House;
(D) the question of agreeing to a conference report;
(E) the question of agreeing to a motion to recommit a bill
considered pursuant to clause 4 of rule XIII;
(F) the question of ordering the previous question on a question
described in subdivision (A), (B), (C), (D), or (E);
(G) the question of agreeing to an amendment to a bill considered
pursuant to clause 4 of rule XIII; and
(H) the question of agreeing to a motion to suspend the rules.
(2) At the time designated by the Speaker for further consideration of
proceedings postponed under subparagraph (1), the Speaker shall put each
question on which further proceedings were postponed, in the order in
which that question was considered.
(3) At any time after the vote has been taken on the first question on
which the Speaker has postponed further proceedings under this
paragraph, the Speaker may, in his discretion, reduce to not less than
five minutes the period of time within which a rollcall vote by
electronic device on the question may be taken without any intervening
business on any or all of the additional questions on which the Speaker
has postponed further proceedings under this paragraph.
(4) If the House adjourns before all of the questions on which further
proceedings were postponed under this paragraph have been put and
determined, then, on the next following legislative day the unfinished
business shall be the disposition of all such questions, previously
undisposed of, in the order in which the questions were considered.
6. He shall not be required to vote in ordinary legislative
proceedings, except where his vote would be decisive, or where the House
is engaged in voting by ballot; and in cases of a tie vote the question
shall be lost.
7. (a) He shall have the right to name any Member to perform the
duties of the Chair, but such substitution shall not extend beyond three
legislative days, except that with the permission of the House he may
name a Member to act as Speaker pro tempore only to sign enrolled bills
and joint resolutions for a period of time specified in the designation,
notwithstanding any other provision of this clause: Provided, however,
That in case of his illness, he may make such appointment for a period
not exceeding ten days, with the approval of the House at the time the
same is made; and in his absence and omission to make such appointment,
the House shall proceed to elect a Speaker pro tempore to act during his
absence.
(b) No person may serve as Speaker for more than four consecutive
Congresses, beginning with the One Hundred Fourth Congress (disregarding
for this purpose any service for less than a full session in any
Congress).
8. He shall have the authority to designate any Member, officer or
employee of the House of Representatives to travel on the business of
the House of Representatives, as determined by him, within or without
the United States, whether the House is meeting, has recessed or has
adjourned, and all expenses for such travel may be paid for from the
applicable accounts of the House described in clause 1(h)(1) of rule X
on vouchers solely approved and signed by the Speaker. However, expenses
may not be paid from the applicable accounts of the House described in
clause 1(h)(1) of rule X for travel of a Member after the date of the
general election of Members in which the Member has not been elected to
the succeeding Congress, or in the case of a Member who is not a
candidate in such general election, the earlier of the date
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of such general election or the adjournment sine die of the last regular
session of the Congress.
9. (a) He shall devise and implement a system subject to his direction
and control for closed circuit viewing of floor proceedings of the House
of Representatives in the offices of all Members and committees and in
such other places in the Capitol and the House Office Buildings as he
deems appropriate. Such system may include other telecommunications
functions as he deems appropriate. Any such telecommunications function
shall be subject to rules and regulations issued by the Speaker.
(b)(1) He shall devise and implement a system subject to his direction
and control for complete and unedited audio and visual broadcasting and
recording of the proceedings of the House of Representatives. He shall
provide for the distribution of such broadcasts and recordings thereof
to news media, the storage of audio and video recordings of the
proceedings, and the closed captioning of the proceedings for hearing-
impaired individuals.
(2) All television and radio broadcasting stations, networks,
services, and systems (including cable systems) which are accredited to
the House radio and television correspondents' galleries, and all radio
and television correspondents who are accredited to the radio and
television correspondents' galleries shall be provided access to the
live coverage of the House of Representatives.
(3) No coverage made available under this clause nor any recording
thereof shall be used for any political purpose.
(4) Coverage made available under this clause shall not be broadcast
with commercial sponsorship except as part of bona fide news programs
and public affairs documentary programs. No part of such coverage or any
recording thereof shall be used in any commercial advertisement.
(c) He may delegate any of his responsibilities under this clause to
such legislative entity as he deems appropriate.
10. There is established in the House of Representatives an office to
be known as the Office of the Historian of the House of Representatives.
11. There is established in the House of Representatives an office to
be known as the Office of General Counsel for the purpose of providing
legal assistance and representation to the House. Legal assistance and
representation shall be provided without regard to political
affiliation. The Office of General Counsel shall function pursuant to
the direction of the Speaker, who shall consult with a Bipartisan Legal
Advisory Group, which shall include the majority and minority
leaderships. The Speaker shall appoint and set the annual rate of pay
for employees of the Office of General Counsel.
12. To suspend the business of the House for a short time when no
question is pending before the House, the Speaker may declare a recess
subject to the call of the Chair.
13. The Speaker, in consultation with the Minority Leader, shall
develop through an appropriate entity of the House a system for drug
testing in the House of Representatives. The system may provide for the
testing of any Member, officer, or employee of the House, and otherwise
shall be comparable in scope to the system for drug testing in the
executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The
expenses of the system may be paid from applicable accounts of the House
for official expenses.
Rule II
election of officers
There shall be elected by a viva voce vote, at the commencement of
each Congress, to continue in office until their successors are chosen
and qualified, a Clerk, Sergeant-at-Arms, Chief Administrative Officer,
and Chaplain, each of whom shall take an oath to support the
Constitution of the United States, and for the true and faithful
discharge of the duties of his office to the best of his knowledge and
ability, and to keep the secrets of the House; and each shall appoint
all of the employees of his department provided for by law. The Clerk,
Sergeant-at-Arms, and Chief Administrative Officer may be removed by the
House or by the Speaker.
Rule III
duties of the clerk
1. The Clerk shall, at the commencement of the first session of each
Congress, call the Members to order, proceed to call the roll of Members
by States in alphabetical order, and, pending the election of a Speaker
or Speaker pro tempore, preserve order and decorum, and decide all
questions of order subject to appeal by any Member.
2. He shall make and cause to be printed and delivered to each Member,
or mailed to his address, at the commencement of every regular session
of Congress, a list of the reports which it is the duty of any officer
or Department to make to Congress, referring to the act or resolution
and page of the volume of the laws or Journal in which it may be
contained, and placing under the name of each officer the list of
reports required of him to be made.
3. He shall note all questions of order, with the decisions thereon,
the record of which shall be printed as an appendix to the Journal of
each session; and complete, as soon after the close of the session as
possible, the printing and distribution to Members, Delegates, and the
Resident Commissioner from Puerto Rico of the Journal of the House,
together with an accurate and complete index; retain in the library at
his office, for the use of the Members, Delegates, the Resident
Commissioner from Puerto Rico and officers of the House, and not to be
withdrawn therefrom, two copies of all the books and printed documents
deposited there; send, at the end of each session, a printed copy of the
Journal thereof to the executive and to each branch of the legislature
of every State as may be requested by such State officials; deliver or
mail to any Member, Delegate, or the Resident Commissioner from Puerto
Rico an extra copy, in binding of good quality, of each document
requested by that Member, Delegate, or the Resident Commissioner which
has been printed, by order of either House of the Congress, in any
Congress in which he served; attest and affix the seal of the House to
all writs, warrants, and subpoenas issued by order of the House; and
certify to the passage of all bills and joint resolutions.
4. He shall, in case of temporary absence or disability, designate an
official in his office to sign all papers that may require the official
signature of the Clerk of the House, and to do all other acts except
such as are provided for by statute, that may be required under the
rules and practices of the House to be done by the Clerk. Such official
acts, when so done by the designated official, shall be under the name
of the Clerk of the House. The said designation shall be in writing, and
shall be laid before the House and entered on the Journal.
5. The Clerk is authorized to receive messages from the President and
from the Senate at any time that the House is not in session.
6. He shall supervise the staff and manage any office of a Member who
is deceased, has resigned, or been expelled until a successor is elected
and shall perform similar duties in the event that a vacancy is declared
by the House in any congressional district because of the incapacity of
the Member representing such district or other reason. Whenever the
Clerk is acting as a supervisory authority over such staff, he shall
have authority to terminate employees; and he may appoint, with the
approval of the Committee on House Oversight, such staff as is required
to operate the office until a successor is elected. He shall maintain on
the House payroll and supervise in the same manner staff appointed
pursuant to section 800 of Public Law 91-665 (2 U.S.C. 31b-5) for sixty
days following the death of a former Speaker.
7. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Clerk shall report to the Committee on
House Oversight not later than 45 days following the close of each
semiannual period ending on June 30 or on December 31 on the financial
and operational status of each function under the jurisdiction of the
Clerk. Each report shall include financial statements, a description or
explanation of current operations, the implementation of new policies
and procedures, and future plans for each function.
8. The Clerk shall fully cooperate with the appropriate offices and
persons in the performance of reviews and
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audits of financial records and administrative operations. <greek-l>
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Rule IV
duties of the sergeant-at-arms
1. It shall be the duty of the Sergeant-at-Arms to attend the House
during its sittings, to maintain order under the direction of the
Speaker or Chairman, and, pending the election of a Speaker or Speaker
pro tempore, under the direction of the Clerk, execute the commands of
the House, and all processes issued by authority thereof, directed to
him by the Speaker.
2. The symbol of his office shall be the mace, which shall be borne by
him while enforcing order on the floor.
3. He shall enforce strictly the rules relating to the privileges of
the Hall and be responsible to the House for the official conduct of his
employees.
4. He shall allow no person to enter the room over the Hall of the
House during its sittings; and fifteen minutes before the hour of the
meeting of the House each day he shall see that the floor is cleared of
all persons except those privileged to remain, and kept so until ten
minutes after adjournment.
5. In addition to any other reports required by the Speaker or the
Committee on House Oversight, the Sergeant-at-Arms shall report to the
Committee on House Oversight not later than 45 days following the close
of each semiannual period ending June 30 or on December 31 on the
financial and operational status of each function under the jurisdiction
of the Sergeant-at-Arms. Each report shall include financial statements,
a description or explanation of current operations, the implementation
of new policies and procedures, and future plans for each function.
6. The Sergeant-at-Arms shall fully cooperate with the appropriate
offices and persons in the performance of reviews and audits of
financial records and administrative operations.
Rule V
chief administrative officer
1. The Chief Administrative Officer of the House shall have
operational and financial responsibility for functions as assigned by
the Committee on House Oversight, and shall be subject to the policy
direction and oversight of the Committee on House Oversight.
2. In addition to any other reports required by the Committee on House
Oversight, the Chief shall report to the Committee on House Oversight
not later than 45 days following the close of each semiannual period
ending on June 30 or December 31 on the financial and operational status
of each function under the jurisdiction of the Chief. Each report shall
include financial statements, a description or explanation of current
operations, the implementation of new policies and procedures, and
future plans for each function.
3. The Chief shall fully cooperate with the appropriate offices and
persons in the performance of reviews and audits of financial records
and administrative operations.
Rule VI
office of inspector general
1. There is established an Office of Inspector General.
2. The Inspector General shall be appointed for a Congress by the
Speaker, the Majority Leader, and the Minority Leader, acting jointly.
3. Subject to the policy direction and oversight of the Committee on
House Oversight, the Inspector General shall be responsible only for--
(a) conducting periodic audits of the financial and administrative
functions of the House and joint entities;
(b) informing the Officers or other officials who are the subject of
an audit of the results of that audit and suggesting appropriate
curative actions;
(c) simultaneously notifying the Speaker, the Majority Leader, the
Minority Leader, and the chairman and ranking minority party member of
the Committee on House Oversight in the case of any financial
irregularity discovered in the course of carrying out responsibilities
under this rule;
(d) simultaneously submitting to the Speaker, the Majority Leader,
the Minority Leader, and the chairman and ranking minority party
member of the Committee on House Oversight a report of each audit
conducted under this rule; and
(e) reporting to the Committee on Standards of Official Conduct
information involving possible violations by any Member, officer, or
employee of the House of any rule of the House or of any law
applicable to the performance of official duties or the discharge of
official responsibilities which may require referral to the
appropriate Federal or State authorities pursuant to clause 4(e)(1)(C)
of rule X.
Rule VII
duties of the chaplain
The Chaplain shall attend at the commencement of each day's sitting of
the House and open the same with prayer.
Rule VIII
duties of the members
1. Every Member shall be present within the Hall of the House during
its sittings, unless excused or necessarily prevented; and shall vote on
each question put, unless he has a direct personal or pecuniary interest
in the event of such question.
2. Pairs shall be announced by the Clerk immediately before the
announcement by the Chair of the result of the vote, by the House or
Committee of the Whole from a written list furnished him, and signed by
the Member making the statement to the Clerk, which list shall be
published in the Record as a part of the proceedings, immediately
following the names of those not voting. However, pairs shall be
announced but once during the same legislative day.
3. (a) A Member may not authorize any other individual to cast his
vote or record his presence in the House or Committee of the Whole.
(b) No individual other than a Member may cast a vote or record a
Member's presence in the House or Committee of the Whole.
(c) A Member may not cast a vote for any other Member or record
another Member's presence in the House or Committee of the Whole.
Rule IX
questions of privilege
1. Questions of privilege shall be, first, those affecting the rights
of the House collectively, its safety, dignity, and the integrity of its
proceedings; and second, those affecting the rights, reputation, and
conduct of Members, individually, in their representative capacity only.
2. (a)(1) A resolution reported as a question of the privileges of the
House, or offered from the floor by the Majority Leader or the Minority
Leader as a question of the privileges of the House, or offered as
privileged under clause 1, section 7, article I of the Constitution,
shall have precedence of all other questions except motions to adjourn.
A resolution offered from the floor by a Member other than the Majority
Leader or the Minority Leader as a question of the privileges of the
House shall have precedence of all other questions except motions to
adjourn only at a time or place, designated by the Speaker, in the
legislative schedule within two legislative days after the day on which
the proponent announces to the House his intention to offer the
resolution and the form of the resolution.
(2) The time allotted for debate on a resolution offered from the
floor as a question of the privileges of the House shall be equally
divided between (A) the proponent of the resolution, and (B) the
Majority Leader or the Minority Leader or a designee, as determined by
the Speaker.
(b) A question of personal privilege shall have precedence of all
other questions except motions to adjourn.
Rule X
establishment and jurisdiction of standing committees
The Committees and Their Jurisdiction
1. There shall be in the House the following standing committees, each
of which shall have the jurisdiction and related functions assigned to
it by this clause and clauses 2, 3, and 4; and all bills, resolutions,
and other matters relating to subjects within the jurisdiction of any
standing committee as listed in this clause shall (in accordance with
and subject to clause 5) be referred to such committees, as follows:
[[Page 2264]]
(a) Committee on Agriculture.
(1) Adulteration of seeds, insect pests, and protection of birds and
animals in forest reserves.
(2) Agriculture generally.
(3) Agricultural and industrial chemistry.
(4) Agricultural colleges and experiment stations.
(5) Agricultural economics and research.
(6) Agricultural education extension services.
(7) Agricultural production and marketing and stabilization of prices
of agricultural products, and commodities (not including distribution
outside of the United States).
(8) Animal industry and diseases of animals.
(9) Commodities exchanges.
(10) Crop insurance and soil conservation.
(11) Dairy industry.
(12) Entomology and plant quarantine.
(13) Extension of farm credit and farm security.
(14) Inspection of livestock, and poultry, and meat products, and
seafood and seafood products.
(15) Forestry in general, and forest reserves other than those created
from the public domain.
(16) Human nutrition and home economics.
(17) Plant industry, soils, and agricultural engineering.
(18) Rural electrification.
(19) Rural development.
(20) Water conservation related to activities of the Department of
Agriculture.
(b) Committee on Appropriations.
(1) Appropriation of the revenue for the support of the Government.
(2) Rescissions of appropriations contained in appropriation Acts.
(3) Transfers of unexpended balances.
(4) The amount of new authority to enter into contracts under which
the United States is obligated to make outlays, the budget authority for
which is not provided in advance by appropriation Acts; new authority to
incur indebtedness (other than indebtedness in incurred under chapter 31
of title 31 of the United States Code) for the repayment of which the
United States is liable, the budget authority for which is not provided
in advance by appropriation Acts; new entitlement authority as defined
in section 3(9) of the Congressional Budget Act of 1974, including bills
and resolutions (reported by other committees) which provide new
entitlement authority as defined in section 3(9) of the Congressional
Budget Act of 1974 and are referred to the committee under clause 4(a);
authority to forego the collection by the United States of proprietary
offsetting receipts, the budget authority for which is not provided in
advance by appropriation Acts to offset such foregone receipts; and
authority to make payments by the United States (including loans,
grants, and payments from revolving funds) other than those covered by
this subparagraph, the budget authority for which is not provided in
advance by appropriation Acts.
The committee shall include separate headings for ``Rescissions'' and
``Transfers of Unexpended Balances'' in any bill or resolution as
reported from the committee under its jurisdiction specified in
subparagraph (2) or (3), with all proposed rescissions and proposed
transfers listed therein; and shall include a separate section with
respect to such rescissions or transfers in the accompanying committee
report. In addition to its jurisdiction under the preceding provisions
of this paragraph, the committee shall have the fiscal oversight
function provided for in clause 2(b)(3) and the budget hearing function
provided for in clause 4(a).
(c) Committee on Banking and Financial
Services.
(1) Banks and banking, including deposit insurance and Federal
monetary policy.
(2) Bank capital markets activities generally.
(3) Depository institution securities activities generally, including
the activities of any affiliates, except for functional regulation under
applicable securities laws not involving safety and soundness.
(4) Economic stabilization, defense production, renegotiation, and
control of the price of commodities, rents, and services.
(5) Financial aid to commerce and industry (other than
transportation).
(6) International finance.
(7) International financial and monetary organizations.
(8) Money and credit, including currency and the issuance of notes and
redemption thereof; gold and silver, including the coinage thereof;
valuation and revaluation of the dollar.
(9) Public and private housing.
(10) Urban development.
(d)(1) Committee on the Budget,
consisting of the following Members:
(A) Members who are members of other standing committees, including
five Members who are members of the Committee on Appropriations, and
five Members who are members of the Committee on Ways and Means;
(B) one Member from the leadership of the majority party; and
(C) one Member from the leadership of the minority party.
No Member other than a representative from the leadership of a party may
serve as a member of the Committee on the Budget during more than four
Congresses in any period of six successive Congresses (disregarding for
this purpose any service performed as a member of such committee for
less than a full session in any Congress), except that an incumbent
chairman or ranking minority member having served on the committee for
four Congresses and having served as chairman or ranking minority member
of the committee for not more than one Congress shall be eligible for
reelection to the committee as chairman or ranking minority member for
one additional Congress.
(2) All concurrent resolutions on the budget (as defined in section 3
of the Congressional Budget Act of 1974), other matters required to be
referred to the committee under titles III and IV of that Act, and other
measures setting forth appropriate levels of budget totals for the
United States Government.
(3) Measures relating to the budget process, generally.
(4) Measures relating to the establishment, extension, and enforcement
of special controls over the Federal budget, including the budgetary
treatment of off-budget Federal agencies and measures providing
exemption from reduction under any order issued under part C of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(5) The committee shall have the duty--
(A) to report the matters required to be reported by it under titles
III and IV of the Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on budget outlays of
relevant existing and proposed legislation and to report the results
of such studies to the House on a recurring basis;
(C) to request and evaluate continuing studies of tax expenditures;
to devise methods of coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report the results of such
studies to the House on a recurring basis; and
(D) to review, on a continuing basis, the conduct by the
Congressional Budget Office of its functions and duties.
(e) Committee on Commerce.
(1) Biomedical research and development.
(2) Consumer affairs and consumer protection.
(3) Health and health facilities, except health care supported by
payroll deductions.
(4) Interstate energy compacts.
(5) Interstate and foreign commerce generally.
(6) Measures relating to the exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources, including all
fossil fuels, solar energy, and other unconventional or renewable energy
resources.
(7) Measures relating to the conservation of energy resources.
(8) Measures relating to energy information generally.
(9) Measures relating to (A) the generation and marketing of power
(except by federally chartered or Federal regional power marketing
authorities), (B) the reliability and interstate transmission of, and
ratemaking for, all
[[Page 2265]]
power, and (C) the siting of generation facilities; except the
installation of interconnections between Government waterpower projects.
(10) Measures relating to general management of the Department of
Energy, and the management and all functions of the Federal Energy
Regulatory Commission.
(11) National energy policy generally.
(12) Public health and quarantine.
(13) Regulation of the domestic nuclear energy industry, including
regulation of research and development reactors and nuclear regulatory
research.
(14) Regulation of interstate and foreign communications.
(15) Securities and exchanges.
(16) Travel and tourism.
The committee shall have the same jurisdiction with respect to
regulation of nuclear facilities and of use of nuclear energy as it has
with respect to regulation of nonnuclear facilities and of use of
nonnuclear energy. In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general oversight
functions under clause 2(b)(1)), such committee shall have the special
oversight functions provided for in clause (3)(h) with respect to all
laws, programs, and Government activities affecting nuclear and other
energy, and nonmilitary nuclear energy and research and development
including the disposal of nuclear waste.
(f) Committee on Education and the
Workforce.
(1) Child labor.
(2) Columbia Institution for the Deaf, Dumb, and Blind; Howard
University; Freedmen's Hospital.
(3) Convict labor and the entry of goods made by convicts into
interstate commerce.
(4) Food programs for children in schools.
(5) Labor standards and statistics.
(6) Measures relating to education or labor generally.
(7) Mediation and arbitration of labor disputes.
(8) Regulation or prevention of importation of foreign laborers under
contract.
(9) United States Employees' Compensation Commission.
(10) Vocational rehabilitation.
(11) Wages and hours of labor.
(12) Welfare of miners.
(13) Work incentive programs.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(c) with respect to domestic educational
programs and institutions, and programs of student assistance, which are
within the jurisdiction of other committees.
(g) Committee on Government Reform and
Oversight.
(1) The Federal Civil Service, including intergovernmental personnel;
the status of officers and employees of the United States, including
their compensation, classification, and retirement.
(2) Measures relating to the municipal affairs of the District of
Columbia in general, other than appropriations.
(3) Federal paperwork reduction.
(4) Government management and accounting measures, generally.
(5) Holidays and celebrations.
(6) The overall economy, efficiency and management of government
operations and activities, including Federal procurement.
(7) National archives.
(8) Population and demography generally, including the Census.
(9) Postal service generally, including the transportation of the
mails.
(10) Public information and records.
(11) Relationship of the Federal Government to the States and
municipalities generally.
(12) Reorganizations in the executive branch of the Government.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its oversight functions under clause
2(b) (1) and (2)), the committee shall have the function of performing
the duties and conducting the studies which are provided for in clause
4(c).
(h) Committee on House Oversight.
(1) Appropriations from accounts for committee salaries and expenses
(except for the Committee on Appropriations), House Information
Resources, and allowances and expenses of Members, House Officers and
administrative offices of the House.
(2) Auditing and settling of all accounts described in subparagraph
(1).
(3) Employment of persons by the House, including clerks for Members
and committees, and reporters of debates.
(4) Except as provided in clause 1(q)(11), matters relating to the
Library of Congress and the House Library; statuary and pictures;
acceptance or purchase of works of art for the Capitol; the Botanic
Gardens; management of the Library of Congress; purchase of books and
manuscripts.
(5) Except as provided in clause 1(q)(11), matters relating to the
Smithsonian Institution and the incorporation of similar institutions.
(6) Expenditure of accounts described in subparagraph (1).
(7) Franking Commission.
(8) Matters relating to printing and correction of the Congressional
Record.
(9) Measures relating to accounts of the House generally.
(10) Measures relating to assignment of office space for Members and
committees.
(11) Measures relating to the disposition of useless executive papers.
(12) Measures relating to the election of the President, Vice
President, or Members of Congress; corrupt practices; contested
elections; credentials and qualifications; and Federal elections
generally.
(13) Measures relating to services to the House, including the House
Restaurant, parking facilities and administration of the House Office
Buildings and of the House wing of the Capitol.
(14) Measures relating to the travel of Members of the House.
(15) Measures relating to the raising, reporting and use of campaign
contributions for candidates for office of Representative in the House
of Representatives, of Delegate, and of Resident Commissioner to the
United States from Puerto Rico.
(16) Measures relating to the compensation, retirement and other
benefits of the Members, officers, and employees of the Congress.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the function of performing the
duties which are provided for in clause 4(d).
(i) Committee on International
Relations.
(1) Relations of the United States with foreign nations generally.
(2) Acquisition of land and buildings for embassies and legations in
foreign countries.
(3) Establishment of boundary lines between the United States and
foreign nations.
(4) Export controls, including nonproliferation of nuclear technology
and nuclear hardware.
(5) Foreign loans.
(6) International commodity agreements (other than those involving
sugar), including all agreements for cooperation in the export of
nuclear technology and nuclear hardware.
(7) International conferences and congresses.
(8) International education.
(9) Intervention abroad and declarations of war.
(10) Measures relating to the diplomatic service.
(11) Measures to foster commercial intercourse with foreign nations
and to safeguard American business interests abroad.
(12) Measures relating to international economic policy.
(13) Neutrality.
(14) Protection of American citizens abroad and expatriation.
(15) The American National Red Cross.
(16) Trading with the enemy.
(17) United Nations Organizations.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(d) with respect to customs
administration, intelligence activities relating to foreign policy,
international financial and monetary organizations, and international
fishing agreements.
[[Page 2266]]
(j) Committee on the Judiciary.
(1) The judiciary and judicial proceedings, civil and criminal.
(2) Administrative practice and procedure.
(3) Apportionment of Representatives.
(4) Bankruptcy, mutiny, espionage, and counterfeiting.
(5) Civil liberties.
(6) Constitutional amendments.
(7) Federal courts and judges, and local courts in the Territories and
possessions.
(8) Immigration and naturalization.
(9) Interstate compacts, generally.
(10) Measures relating to claims against the United States.
(11) Meetings of Congress, attendance of Members and their acceptance
of incompatible offices.
(12) National penitentiaries.
(13) Patents, the Patent Office, copyrights, and trademarks.
(14) Presidential succession.
(15) Protection of trade and commerce against unlawful restraints and
monopolies.
(16) Revision and codification of the Statutes of the United States.
(17) State and territorial boundaries.
(18) Subversive activities affecting the internal security of the
United States.
(k) Committee on National Security.
(1) Ammunition depots; forts; arsenals; Army, Navy, and Air Force
reservations and establishments.
(2) Common defense generally.
(3) Conservation, development, and use of naval petroleum and oil
shale reserves.
(4) The Department of Defense generally, including the Departments of
the Army, Navy, and Air Force generally.
(5) Interoceanic canals generally, including measures relating to the
maintenance, operation, and administration of interoceanic canals.
(6) Merchant Marine Academy, and State Maritime Academies.
(7) Military applications of nuclear energy.
(8) Tactical intelligence and intelligence related activities of the
Department of Defense.
(9) National security aspects of merchant marine, including financial
assistance for the construction and operation of vessels, the
maintenance of the U.S. shipbuilding and ship repair industrial base,
cabotage, cargo preference and merchant marine officers and seamen as
these matters relate to the national security.
(10) Pay, promotion, retirement, and other benefits and privileges of
members of the armed forces.
(11) Scientific research and development in support of the armed
services.
(12) Selective service.
(13) Size and composition of the Army, Navy, Marine Corps, and Air
Force.
(14) Soldiers' and sailors' homes.
(15) Strategic and critical materials necessary for the common
defense.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(a) with respect to international arms control
and disarmament, and military dependents education.
(l) Committee on Resources.
(1) Fisheries and wildlife, including research, restoration, refuges,
and conservation.
(2) Forest reserves and national parks created from the public domain.
(3) Forfeiture of land grants and alien ownership, including alien
ownership of mineral lands.
(4) Geological Survey.
(5) International fishing agreements.
(6) Interstate compacts relating to apportionment of waters for
irrigation purposes.
(7) Irrigation and reclamation, including water supply for reclamation
projects, and easements of public lands for irrigation projects, and
acquisition of private lands when necessary to complete irrigation
projects.
(8) Measures relating to the care and management of Indians, including
the care and allotment of Indian lands and general and special measures
relating to claims which are paid out of Indian funds.
(9) Measures relating generally to the insular possessions of the
United States, except those affecting the revenue and appropriations.
(10) Military parks and battlefields, national cemeteries administered
by the Secretary of the Interior, parks within the District of Columbia,
and the erection of monuments to the memory of individuals.
(11) Mineral land laws and claims and entries thereunder.
(12) Mineral resources of the public lands.
(13) Mining interests generally.
(14) Mining schools and experimental stations.
(15) Marine affairs (including coastal zone management), except for
measures relating to oil and other pollution of navigable waters.
(16) Oceanography.
(17) Petroleum conservation on the public lands and conservation of
the radium supply in the United States.
(18) Preservation of prehistoric ruins and objects of interest on the
public domain.
(19) Public lands generally, including entry, easements, and grazing
thereon.
(20) Relations of the United States with the Indians and the Indian
tribes.
(21) Trans-Alaska Oil Pipeline (except ratemaking).
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight
functions provided for in clause 3(e) with respect to all programs
affecting Indians.
(m) Committee on Rules.
(1) The rules and joint rules (other than rules or joint rules
relating to the Code of Official Conduct), and order of business of the
House.
(2) Recesses and final adjournments of Congress.
The Committee on Rules is authorized to sit and act whether or not the
House is in session.
(n) Committee on Science.
(1) All energy research, development, and demonstration, and projects
therefor, and all federally owned or operated nonmilitary energy
laboratories.
(2) Astronautical research and development, including resources,
personnel, equipment, and facilities.
(3) Civil aviation research and development.
(4) Environmental research and development.
(5) Marine research.
(6) Measures relating to the commercial application of energy
technology.
(7) National Institute of Standards and Technology, standardization of
weights and measures and the metric system.
(8) National Aeronautics and Space Administration.
(9) National Space Council.
(10) National Science Foundation.
(11) National Weather Service.
(12) Outer space, including exploration and control thereof.
(13) Science Scholarships.
(14) Scientific research, development, and demonstration, and projects
therefor.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(f) with respect to all nonmilitary research and
development.
(o) Committee on Small Business.
(1) Assistance to and protection of small business, including
financial aid, regulatory flexibility and paperwork reduction.
(2) Participation of small-business enterprises in Federal procurement
and Government contracts.
In addition to its legislative jurisdiction under the preceding
provisions of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the special oversight function
provided for in clause 3(g) with respect to the problems of small
business.
(p) Committee on Standards of Official
Conduct.
(1) Measures relating to the Code of Official Conduct.
In addition to its legislative jurisdiction under the preceding
provision of this paragraph (and its general oversight function under
clause 2(b)(1)), the committee shall have the functions with respect to
recommendations, studies, investigations, and reports which are provided
for in clause 4(e),
[[Page 2267]]
and the functions designated in titles I and V of the Ethics in
Government Act of 1978 and sections 7342, 7351, and 7353 of title 5,
United States Code.
(q) Committee on Transportation and
Infrastructure.
(1) Coast Guard, including lifesaving service, lighthouses,
lightships, ocean derelicts, and the Coast Guard Academy.
(2) Federal management of emergencies and natural disasters.
(3) Flood control and improvement of rivers and harbors.
(4) Inland waterways.
(5) Inspection of merchant marine vessels, lights and signals,
lifesaving equipment, and fire protection on such vessels.
(6) Navigation and the laws relating thereto, including pilotage.
(7) Registering and licensing of vessels and small boats.
(8) Rules and international arrangements to prevent collisions at sea.
(9) Measures relating to the Capitol Building and the Senate and House
Office Buildings.
(10) Measures relating to the construction or maintenance of roads and
post roads, other than appropriations therefor; but it shall not be in
order for any bill providing general legislation in relation to roads to
contain any provision for any specific road, nor for any bill in
relation to a specific road to embrace a provision in relation to any
other specific road.
(11) Measures relating to the construction or reconstruction,
maintenance, and care of the buildings and grounds of the Botanic
Gardens, the Library of Congress, and the Smithsonian Institution.
(12) Measures relating to merchant marine, except for national
security aspects of merchant marine.
(13) Measures relating to the purchase of sites and construction of
post offices, customhouses, Federal courthouses, and Government
buildings within the District of Columbia.
(14) Oil and other pollution of navigable waters, including inland,
coastal, and ocean waters.
(15) Marine affairs (including coastal zone management) as they relate
to oil and other pollution of navigable waters.
(16) Public buildings and occupied or improved grounds of the United
States generally.
(17) Public works for the benefit of navigation, including bridges and
dams (other than international bridges and dams).
(18) Related transportation regulatory agencies.
(19) Roads and the safety thereof.
(20) Transportation, including civil aviation, railroads, water
transportation, transportation safety (except automobile safety),
transportation infrastructure, transportation labor, and railroad
retirement and unemployment (except revenue measures related thereto).
(21) Water power.
(r) Committee on Veterans' Affairs.
(1) Veterans' measures generally.
(2) Cemeteries of the United States in which veterans of any war or
conflict are or may be buried, whether in the United States or abroad,
except cemeteries administered by the Secretary of the Interior.
(3) Compensation, vocational rehabilitation, and education of
veterans.
(4) Life insurance issued by the Government on account of service in
the Armed Forces.
(5) Pensions of all the wars of the United States, general and
special.
(6) Readjustment of servicemen to civil life.
(7) Soldiers' and sailors' civil relief.
(8) Veterans' hospitals, medical care, and treatment of veterans.
(s) Committee on Ways and Means.
(1) Customs, collection districts, and ports of entry and delivery.
(2) Reciprocal trade agreements.
(3) Revenue measures generally.
(4) Revenue measures relating to the insular possessions.
(5) The bonded debt of the United States (subject to the last sentence
of clause 4(g) of this rule).
(6) The deposit of public moneys.
(7) Transportation of dutiable goods.
(8) Tax exempt foundations and charitable trusts.
(9) National social security, except (A) health care and facilities
programs that are supported from general revenues as opposed to payroll
deductions and (B) work incentive programs.
General Oversight Responsibilities
2. (a) In order to assist the House in--
(1) its analysis, appraisal, and evaluation of (A) the application,
administration, execution, and effectiveness of the laws enacted by
the Congress, or (B) conditions and circumstances which may indicate
the necessity or desirability of enacting new or additional
legislation, and
(2) its formulation, consideration, and enactment of such
modifications of or changes in those laws, and of such additional
legislation, as may be necessary or appropriate,
the various standing committees shall have oversight responsibilities as
provided in paragraph (b).
(b)(1) Each standing committee (other than the Committee on
Appropriations and the Committee on the Budget) shall review and study,
on a continuing basis, the application, administration, execution, and
effectiveness of those laws, or parts of laws, the subject matter of
which is within the jurisdiction of that committee and the organization
and operation of the Federal agencies and entities having
responsibilities in or for the administration and execution thereof, in
order to determine whether such laws and the programs thereunder are
being implemented and carried out in accordance with the intent of the
Congress and whether such programs should be continued, curtailed, or
eliminated. In addition, each such committee shall review and study any
conditions or circumstances which may indicate the necessity or
desirability of enacting new or additional legislation within the
jurisdiction of that committee (whether or not any bill or resolution
has been introduced with respect thereto), and shall on a continuing
basis undertake future research and forecasting on matters within the
jurisdiction of that committee. Each such committee having more than
twenty members shall establish an oversight subcommittee, or require its
subcommittees, if any, to conduct oversight in the area of their
respective jurisdiction, to assist in carrying out its responsibilities
under this subparagraph. The establishment of oversight subcommittees
shall in no way limit the responsibility of the subcommittees with
legislative jurisdiction from carrying out their oversight
responsibilities.
(2) The Committee on Government Reform and Oversight shall review and
study, on a continuing basis, the operation of Government activities at
all levels with a view to determining their economy and efficiency.
(3) The Committee on Appropriations shall conduct such studies and
examinations of the organization and operation of executive departments
and other executive agencies (including any agency the majority of the
stock of which is owned by the Government of the United States) as it
may deem necessary to assist it in the determination of matters within
its jurisdiction.
(c) Each standing committee of the House shall have the function of
reviewing and studying on a continuing basis the impact or probable
impact of tax policies affecting subjects within its jurisdiction as
described in clauses 1 and 3.
(d)(1) Not later than February 15 of the first session of a Congress,
each standing committee of the House shall, in a meeting that is open to
the public and with a quorum present, adopt its oversight plans for that
Congress. Such plans shall be submitted simultaneously to the Committee
on Government Reform and Oversight and to the Committee on House
Oversight. In developing such plans each committee shall, to the maximum
extent feasible--
(A) consult with other committees of the House that have
jurisdiction over the same or related laws, programs, or agencies
within its jurisdiction, with the objective of ensuring that such
laws, programs, or agencies are reviewed in the same Congress and that
there is a maximum of coordination between such committees in the
conduct of such reviews; and such plans shall include an explanation
of what steps have been and will be taken to ensure such coordination
and cooperation;
(B) give priority consideration to including in its plans the review
of those laws, programs, or agencies operating under permanent budget
au
[[Page 2268]]
thority or permanent statutory authority; and
(C) have a view toward ensuring that all significant laws, programs,
or agencies within its jurisdictions are subject to review at least
once every ten years.
(2) It shall not be in order to consider any committee expense
resolution (within the meaning of clause 5 of rule XI), or any amendment
thereto, for any committee that has not submitted its oversight plans as
required by this paragraph.
(3) Not later than March 31 in the first session of a Congress, after
consultation with the Speaker, the Majority Leader, and the Minority
Leader, the Committee on Government Reform and Oversight shall report to
the House the oversight plans submitted by each committee together with
any recommendations that it, or the House leadership group referred to
above, may make to ensure the most effective coordination of such plans
and otherwise achieve the objectives of this clause.
(e) The Speaker, with the approval of the House, may appoint special
ad hoc oversight committees for the purpose of reviewing specific
matters within the jurisdiction of two or more standing committees.
Special Oversight Functions
3. (a) The Committee on National Security shall have the function of
reviewing and studying, on a continuing basis, all laws, programs, and
Government activities dealing with or involving international arms
control and disarmament and the education of military dependents in
schools.
(b) The Committee on the Budget shall have the function of--
(1) making continuing studies of the effect on budget outlays of
relevant existing and proposed legislation, and reporting the results
of such studies to the House on a recurring basis; and
(2) requesting and evaluating continuing studies of tax
expenditures, devising methods of coordinating tax expenditures,
policies, and programs with direct budget outlays, and reporting the
results of such studies to the House on a recurring basis.
(c) The Committee on Education and the Workforce shall have the
function of reviewing, studying, and coordinating, on a continuing
basis, all laws, programs, and Government activities dealing with or
involving domestic educational programs and institutions, and programs
of student assistance, which are within the jurisdiction of other
committees.
(d) The Committee on International Relations shall have the function
of reviewing and studying, on a continuing basis, all laws, programs,
and Government activities dealing with or involving customs
administration, intelligence activities relating to foreign policy,
international financial and monetary organizations, and international
fishing agreements.
(e) The Committee on Resources shall have the function of reviewing
and studying, on a continuing basis, all laws, programs, and Government
activities dealing with Indians.
(f) The Committee on Science shall have the function of reviewing and
studying, on a continuing basis, all laws, programs, and Government
activities dealing with or involving nonmilitary research and
development.
(g) The Committee on Small Business shall have the function of
studying and investigating, on a continuing basis, the problems of all
types of small business.
(h) The Committee on Commerce shall have the function of reviewing and
studying on a continuing basis, all laws, programs and Government
activities relating to nuclear and other energy, and nonmilitary nuclear
energy and research and development including the disposal of nuclear
waste.
(i) The Committee on Rules shall have the function of reviewing and
studying, on a continuing basis, the congressional budget process, and
the committee shall, from time to time, report its findings and
recommendations to the House.
Additional Functions of Committees
4. (a)(1)(A) The Committee on Appropriations shall, within thirty days
after the transmittal of the Budget to the Congress each year, hold
hearings on the Budget as a whole with particular reference to--
(i) the basic recommendations and budgetary policies of the
President in the presentation of the Budget; and
(ii) the fiscal, financial, and economic assumptions used as bases
in arriving at total estimated expenditures and receipts.
(B) In holding hearings pursuant to subdivision (A), the committee
shall receive testimony from the Secretary of the Treasury, the Director
of the Office of Management and Budget, the Chairman of the Council of
Economic Advisers, and such other persons as the committee may desire.
(C) Hearings pursuant to subdivision (A), or any part thereof, shall
be held in open session, except when the committee, in open session and
with a quorum present, determines by rollcall vote that the testimony to
be taken at that hearing on that day may be related to a matter of
national security: Provided, however, That the committee may by the same
procedure close one subsequent day of hearing. A transcript of all such
hearings shall be printed and a copy thereof furnished to each Member,
Delegate, and the Resident Commissioner from Puerto Rico.
(D) Hearings pursuant to subdivision (A), or any part thereof, may be
held before joint meetings of the committee and the Committee on
Appropriations of the Senate in accordance with such procedures as the
two committees jointly may determine.
(2) Whenever any bill or resolution which provides new entitlement
authority as defined in section 3(9) of the Congressional Budget Act of
1974 is reported by a committee of the House and the amount of new
budget authority which will be required for the fiscal year involved if
such bill or resolution is enacted as so reported exceeds the
appropriate allocation of new budget authority reported as described in
clause 4(h) in connection with the most recently agreed to concurrent
resolution on the budget for such fiscal year, such bill or resolution
shall then be referred to the Committee on Appropriations with
instructions to report it, with the committee's recommendations and (if
the committee deems it desirable) with an amendment limiting the total
amount of new entitlement authority provided in the bill or resolution,
within 15 calendar days (not counting any day on which the House is not
in session) beginning with the day following the day on which it is so
referred. If the Committee on Appropriations fails to report the bill or
resolution within such 15-day period, the committee shall be
automatically discharged from further consideration of the bill or
resolution and the bill or resolution shall be placed on the appropriate
calendar.
(3) In addition, the Committee on Appropriations shall study on a
continuing basis those provisions of law which (on the first day of the
first fiscal year for which the congressional budget process is
effective) provide spending authority of permanent budget authority, and
shall report to the House from time to time its recommendations for
terminating or modifying such provisions.
(b) The Committee on the Budget shall have the duty--
(1) to review on a continuing basis the conduct by the Congressional
Budget Office of its functions and duties;
(2) to hold hearings, and receive testimony from Members of Congress
and such appropriate representatives of Federal departments and
agencies, the general public, and national organizations as it deems
desirable, in developing the concurrent resolutions on the budget for
each fiscal year;
(3) to make all reports required of it by the Congressional Budget
Act of 1974, including the reporting of reconciliation bills and
resolutions when so required;
(4) to study on a continuing basis those provisions of law which
exempt Federal agencies or any of their activities or outlays from
inclusion in the Budget of the United States Government, and to report
to the House from time to time its recommendations for terminating or
modifying such provisions; and
(5) to study on a continuing basis proposals designed to improve and
facilitate methods of congressional budget-making, and to report to
the House from time to time the results
[[Page 2269]]
of such study together with its recommendations.
(c)(1) The Committee on Government Reform and Oversight shall have the
general function of--
(A) receiving and examining reports of the Comptroller General of
the United States and of submitting such recommendations to the House
as it deems necessary or desirable in connection with the subject
matter of such reports;
(B) evaluating the effects of laws enacted to reorganize the
legislative and executive branches of the Government; and
(C) studying intergovernmental relationships between the United
States and the States and municipalities, and between the United
States and international organizations of which the United States is a
member.
(2) In addition to its duties under subparagraph (1), the Committee on
Government Reform and Oversight may at any time conduct investigations
of any matter without regard to the provisions of clause 1, 2, or 3 (or
this clause) conferring jurisdiction over such matter upon another
standing committee. The committee's findings and recommendations in any
such investigation shall be made available to the other standing
committee or committees having jurisdiction over the matter involved
(and included in the report of any such other committee when required by
clause 2(l)(3) of rule XI).
(d)(1) The Committee on House Oversight shall have the function of--
(A) examining all bills, amendments, and joint resolutions after
passage by the House and, in cooperation with the Senate, examining
all bills and joint resolutions which shall have passed both Houses to
see that they are correctly enrolled, forthwith presenting those which
originated in the House to the President of the United States in
person after their signature by the Speaker of the House and the
President of the Senate and reporting the fact and date of such
presentation to the House;
(B) providing policy direction for, and oversight of, the Clerk,
Sergeant-at-Arms, Chief Administrative Officer, and Inspector General;
and
(C) accepting a gift, other than as otherwise provided by law, if
the gift does not involve any duty, burden, or condition, or is not
made dependent upon some future performance by the House of
Representatives and promulgating regulations to carry out this
paragraph.
(2) An employing office of the House of Representatives may enter a
settlement of a complaint under the Congressional Accountability Act of
1995 that provides for the payment of funds only after receiving the
joint approval of the chairman and the ranking minority party member of
the Committee on House Oversight concerning the amount of such payment.
(e)(1) The Committee on Standards of Official Conduct is authorized:
(A) to recommend to the House from time to time such administrative
actions as it may deem appropriate to establish or enforce standards of
official conduct for Members, officers, and employees of the House, and
any letter of reproval or other administrative action of the committee
pursuant to an investigation under subdivision (B) shall only be issued
or implemented as a part of a report required by such subdivision; (B)
to investigate, subject to subparagraph (2) of this paragraph, any
alleged violation, by a Member, officer, or employee of the House, of
the Code of Official Conduct or of any law, rule, regulation, or other
standard of conduct applicable to the conduct of such Member, officer,
or employee in the performance of his duties or the discharge of his
responsibilities, and after notice and hearing (unless the right to a
hearing is waived by the Member, officer, or employee), shall report to
the House its findings of fact and recommendations, if any, upon the
final disposition of any such investigation, and such action as the
committee may deem appropriate in the circumstances; (C) to report to
the appropriate Federal or State authorities, either with the approval
of the House or by an affirmative vote of two-thirds of the members of
the committee, any substantial evidence of a violation, by a Member,
officer, or employee of the House, of any law applicable to the
performance of his duties or the discharge of his responsibilities,
which may have been disclosed in a committee investigation; (D) to give
consideration to the request of any Member, officer, or employee of the
House for an advisory opinion with respect to the general propriety of
any current or proposed conduct of such Member, officer, or employee
and, with appropriate deletions to assure the privacy of the individual
concerned, to publish such opinion for the guidance of other Members,
officers, and employees of the House; and (E) to give consideration to
the request of any Member, officer, or employee of the House for a
written waiver in exceptional circumstances with respect to clause 4 of
rule XLIII.
(2)(A)(i) No resolution, report, recommendation, or advisory opinion
relating to the official conduct of a Member, officer, or employee of
the House shall be made by the Committee on Standards of Official
Conduct, and, except as provided by subdivision (ii), no investigation
of such conduct shall be undertaken by such committee, unless approved
by the affirmative vote of a majority of the members of the committee.
(ii)(I) Upon the receipt of information offered as a complaint that is
in compliance with this rule and the committee rules, the chairman and
ranking minority member may jointly appoint members to serve as an
investigative subcommittee.
(II) The chairman and ranking minority member of the committee may
jointly gather additional information concerning alleged conduct which
is the basis of a complaint or of information offered as a complaint
until they have established an investigative subcommittee or the
chairman or ranking minority member has placed on the committee agenda
the issue of whether to establish an investigative subcommittee.
(B) Except in the case of an investigation undertaken by the committee
on its own initiative, the committee may undertake an investigation
relating to the official conduct of an individual Member, officer, or
employee of the House of Representatives only--
(i) upon receipt of information offered as a complaint, in writing
and under oath, made by a Member of the House and transmitted to the
committee by such Member, or
(ii) upon receipt of information offered as a complaint, in writing
and under oath, from an individual not a Member of the House provided
that a Member of the House certifies in writing to the committee that
he or she believes the information is submitted in good faith and
warrants the review and consideration of the committee.
If a complaint is not disposed of within the applicable time periods set
forth in the rules of the Committee on Standards of Official Conduct,
then the chairman and ranking minority member shall jointly 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.
(C) No investigation shall be undertaken by the committee of any
alleged violation of a law, rule, regulation, or standard of conduct not
in effect at the time of the alleged violation; nor shall any
investigation be undertaken by the committee of any alleged violation
which occurred before the third previous Congress unless the committee
determines that the alleged violation is directly related to any alleged
violation which occurred in a more recent Congress.
(D) A member of the committee shall be ineligible to participate, as a
member of the committee, in any committee proceeding relating to his or
her official conduct. In any case in which a member of the committee is
ineligible to act as a member of the committee under the preceding
sentence, the Speaker of the House shall designate a Member of the House
from the same political party as the ineligible member of the committee
to act as a member of the committee in any committee
[[Page 2270]]
proceeding relating to the official conduct of such ineligible member.
(E) A member of the committee may disqualify himself from
participating in any investigation of the conduct of a Member, officer,
or employee of the House upon the submission in writing and under oath
of an affidavit of disqualification stating that he cannot render an
impartial and unbiased decision in the case in which he seeks to
disqualify himself. If the committee approves and accepts such affidavit
of disqualification, the chairman shall so notify the Speaker and
request the Speaker to designate a Member of the House from the same
political party as the disqualifying member of the committee to act as a
member of the committee in any committee proceeding relating to such
investigation.
(F) No information or testimony received, or the contents of a
complaint or the fact of its filing, shall be publicly disclosed by any
committee or staff member unless specifically authorized in each
instance by a vote of the full committee.
(3)(A) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
Committee on Standards of Official Conduct or any subcommittee thereof
shall occur in executive session, unless the committee or subcommittee
by an affirmative vote of a majority of its members opens the meeting to
the public.
(B) Notwithstanding clause 2(g)(2) of rule XI, hearings of an
adjudicatory subcommittee or sanction hearings held by the Committee on
Standards of Official Conduct shall be held in open session unless the
subcommittee or committee, in open session by an affirmative vote of a
majority of its members, closes all or part of the remainder of the
hearing on that day to the public.
(4) Before any member, officer, or employee of the Committee on
Standards of Official Conduct, including members of any subcommittee of
the committee selected pursuant to clause 6(a)(3) and shared staff, may
have access to information that is confidential under the rules of the
committee, the following oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose, to any
person or entity outside the Committee on Standards of Official
Conduct, any information received in the course of my service with the
committee, except as authorized by the committee or in accordance with
its rules.''
Copies of the executed oath shall be retained by the Clerk of the House
as part of the records of the House. This subparagraph establishes a
standard of conduct within the meaning of subparagraph (1)(B). Breaches
of confidentiality shall be investigated by the Committee on Standards
of Official Conduct and appropriate action shall be taken.
(5)(A) If a complaint or information offered as a complaint is deemed
frivolous by an affirmative vote of a majority of the members of the
Committee on Standards of Official Conduct, the committee may take such
action as it, by an affirmative vote of a majority of its members, deems
appropriate in the circumstances.
(B) Complaints filed before the One Hundred Fifth Congress may not be
deemed frivolous by the Committee on Standards of Official Conduct.
(f)(1) Each standing committee of the House shall, in its
consideration of all bills and joint resolutions of a public character
within its jurisdiction, insure that appropriations for continuing
programs and activities of the Federal Government and the District of
Columbia government will be made annually to the maximum extent feasible
and consistent with the nature, requirements, and objectives of the
programs and activities involved. For the purposes of this paragraph a
Government agency includes the organizational units of government listed
in clause 7(c) of rule XIII.
(2) Each standing committee of the House shall review, from time to
time, each continuing program within its jurisdiction for which
appropriations are not made annually in order to ascertain whether such
program could be modified so that appropriations therefor would be made
annually.
(g) Each standing committee of the House shall, not later than 6 weeks
after the President submits his budget, submit to the Committee on the
Budget (1) its views and estimates with respect to all matters to be set
forth in the concurrent resolution on the budget for the ensuing fiscal
year which are within its jurisdiction or functions, and (2) an estimate
of the total amounts of new budget authority, and budget outlays
resulting therefrom, to be provided or authorized in all bills and
resolutions within its jurisdiction which it intends to be effective
during that fiscal year. The views and estimates submitted by the
Committee on Ways and Means under the preceding sentence shall include a
specific recommendation, made after holding public hearings, as to the
appropriate level of the public debt which should be set forth in the
concurrent resolution on the budget referred to in such sentence and
serve as the basis for an increase or decrease in the statutory limit on
such debt under the procedures provided by rule XLIX.
(h) As soon as practicable after a concurrent resolution on the budget
for any fiscal year is agreed to, each standing committee of the House
(after consulting with the appropriate committee or committees of the
Senate) shall subdivide any allocations made to it in the joint
explanatory statement accompanying the conference report on such
resolution, and promptly report such subdivisions to the House, in the
manner provided by section 302 of the Congressional Budget Act of l974.
(i) Each standing committee of the House which is directed in a
concurrent resolution on the budget to determine and recommend changes
in laws, bills, or resolutions under the reconciliation process shall
promptly make such determination and recommendations, and report a
reconciliation bill or resolution (or both) to the House or submit such
recommendations to the Committee on the Budget, in accordance with the
Congressional Budget Act of l974.
Referral of Bills, Resolutions, and Other Matters to Committees
5. (a) Each bill, resolution, or other matter which relates to a
subject listed under any standing committee named in clause 1 shall be
referred by the Speaker in accordance with the provisions of this
clause.
(b) Every referral of any matter under paragraph (a) shall be made in
such manner as to assure to the maximum extent feasible that each
committee which has jurisdiction under clause 1 over the subject matter
of any provision thereof will have responsibility for considering such
provision and reporting to the House with respect thereto. Any
precedents, rulings, and procedures in effect prior to the Ninety-Fourth
Congress shall be applied with respect to referrals under this clause
only to the extent that they will contribute to the achievement of the
objectives of this clause.
(c) In carrying out paragraphs (a) and (b) with respect to any matter,
the Speaker shall designate a committee of primary jurisdiction; but
also may refer the matter to one or more additional committees, for
consideration in sequence (subject to appropriate time limitations),
either on its initial referral or after the matter has been reported by
the committee of primary jurisdiction; or may refer portions of the
matter to one or more additional committees (reflecting different
subjects and jurisdictions) for the consideration only of designated
portions; or may refer the matter to a special ad hoc committee
appointed by the Speaker with the approval of the House (with members
from the committees having jurisdiction) for the specific purpose of
considering that matter and reporting to the House thereon; or may make
such other provisions as may be considered appropriate.
Election and Membership of Committees; Chairmen; Vacancies; Select and
Conference Committees
6. (a)(1) The standing committees specified in clause 1 shall be
elected by the House within the seventh calendar day beginning after the
commencement of each Congress, from nominations submitted by the
respective party caucuses. It shall always be in order to consider
resolutions recommended by the respective party caucuses to change the
composition of standing committees.
(2) One-half of the members of the Committee on Standards of Official
Conduct shall be from the majority party and one-half shall be from the
[[Page 2271]]
minority party. No Member shall serve as a member of the Committee on
Standards of Official Conduct for more than two Congresses in any period
of three successive Congresses (disregarding for this purpose any
service performed as a member of such committee for less than a full
session in any Congress), except that a Member having served on the
committee for two Congresses shall be eligible for election to the
committee as chairman or ranking minority member for one additional
Congress. Not less than two Members from each party shall rotate off the
committee at the end of each Congress.
(3)(A) At the beginning of each Congress--
(i) the Speaker (or his designee) shall designate a list of 10
Members from the majority party; and
(ii) the Minority Leader (or his designee) shall designate a list of
10 Members from the minority party;
who are not members of the Committee on Standards of Official Conduct
and who may be assigned to serve as a member of an investigative
subcommittee of that committee during that Congress. Members so chosen
shall be announced to the House.
(B) Whenever the chairman and ranking minority member of the Committee
on Standards of Official Conduct jointly determine that Members
designated under subdivision (A) should be assigned to serve on an
investigative subcommittee of that committee, they shall each select the
same number of Members of his respective party from the list to serve on
that subcommittee.
(b)(1) Membership on standing committees during the course of a
Congress shall be contingent on continuing membership in the party
caucus or conference that nominated Members for election to such
committees. Should a Member cease to be a member of a particular party
caucus or conference, said Member shall automatically cease to be a
member of a standing committee to which he was elected on the basis of
nomination by that caucus or conference. The chairman of the relevant
party caucus or conference shall notify the Speaker whenever a Member
ceases to be a member of a party caucus or conference and the Speaker
shall notify the chairman of each standing committee on which said
Member serves, that in accord with this rule, the Member's election to
such committee is automatically vacated.
(2)(A) No Member, Delegate, or Resident Commissioner may serve
simultaneously as a member of more than two standing committees or four
subcommittees of the standing committees of the House, except that ex
officio service by a chairman and ranking minority member of a committee
on each of its subcommittees by committee rule shall not be counted
against the limitation on subcommittee service. Service on an
investigative subcommittee of the Committee on Standards of Official
Conduct pursuant to paragraph (a)(3) shall not be counted against the
limitation on subcommittee service. Any other exception to these
limitations must be approved by the House upon the recommendation of the
respective party caucus or conference.
(B) For the purposes of this subparagraph, the term ``subcommittee''
includes any panel (other than a special oversight panel of the
Committee on National Security), task force, special subcommittee, or
any subunit of a standing committee that is established for a cumulative
period longer than six months in any Congress.
(c) One of the members of each standing committee shall be elected by
the House, from nominations submitted by the majority party caucus, at
the commencement of each Congress, as chairman thereof. No Member may
serve as the chairman of the same standing committee, or as the chairman
of the same subcommittee thereof, for more than three consecutive
Congresses, beginning with the One Hundred Fourth Congress (disregarding
for this purpose any service for less than a full session in any
Congress). In the temporary absence of the chairman, the member next in
rank in the order named in the election of the committee, and so on, as
often as the case shall happen, shall act as chairman; and in case of a
permanent vacancy in the chairmanship of any such committee the House
shall elect another chairman.
(d) No committee of the House shall have more than five subcommittees
(except the Committee on Appropriations, which shall have no more than
13; the Committee on Government Reform and Oversight, which shall have
no more than seven; and the Committee on Transportation and
Infrastructure, which shall have no more than six).
(e) All vacancies in standing committees shall be filled by election
by the House from nominations, submitted by the respective party caucus
or conference.
(f) The Speaker shall appoint all select and conference committees
which shall be ordered by the House from time to time. At any time after
an original appointment, the Speaker may remove Members or appoint
additional Members to select and conference committees. In appointing
members to conference committees the Speaker shall appoint no less than
a majority of members who generally supported the House position as
determined by the Speaker. The Speaker shall name Members who are
primarily responsible for the legislation and shall, to the fullest
extent feasible, include the principal proponents of the major
provisions of the bill as it passed the House.
(g) Membership on select and joint committees during the course of a
Congress shall be contingent on continuing membership in the party
caucus or conference the Member was a member of at the time of his
appointment to a select or joint committee. Should a Member cease to be
a member of that caucus or conference, said Member shall automatically
cease to be a member of any select or joint committee to which he is
assigned. The chairman of the relevant party caucus or conference shall
notify the Speaker whenever a Member ceases to be a member of a party
caucus or conference and the Speaker shall notify the chairman of each
select or joint committee on which said Member serves, that in accord
with this rule, the Member's appointment to such committee is
automatically vacated.
(h) The Speaker may appoint the Resident Commissioner from Puerto Rico
and Delegates to the House to any select committee and to any conference
committee.
Rule XI
rules of procedure for committees
In General
1. (a)(1) The Rules of the House are the rules of its committees and
subcommittees so far as applicable, except that a motion to recess from
day to day, and a motion to dispense with the first reading (in full) of
a bill or resolution, if printed copies are available, are nondebatable
motions of high privilege in committees and subcommittees.
(2) Each subcommittee of a committee is a part of that committee, and
is subject to the authority and direction of that committee and to its
rules so far as applicable.
(b)(1) Each committee is authorized at any time to conduct such
investigations and studies as it may consider necessary or appropriate
in the exercise of its responsibilities under rule X, and (subject to
the adoption of expense resolutions as required by clause 5) to incur
expenses (including travel expenses) in connection therewith.
(2) A proposed investigative or oversight report shall be considered
as read in committee if it has been available to the members for at
least 24 hours (excluding Saturdays, Sundays, or legal holidays except
when the House is in session on such a day).
(3) A report of an investigation or study conducted jointly by more
than one committee may be filed jointly, provided that each of the
committees complies independently with all requirements for approval and
filing of the report.
(4) After an adjournment of the last regular session of a Congress
sine die, an investigative or oversight report may be filed with the
Clerk at any time, provided that if a member gives timely notice of
intention to file supplemental, minority, or additional views, that
member shall be entitled to not less than seven calendar days in which
to submit such views for inclusion with the report.
(c) Each committee is authorized to have printed and bound testimony
and other data presented at hearings held by the committee. All costs of
steno
[[Page 2272]]
graphic services and transcripts in connection with any meeting or
hearing of a committee shall be paid from the applicable accounts of the
House described in clause 1(h)(1) of rule X.
(d)(1) Each committee shall submit to the House not later than January
2 of each odd-numbered year, a report on the activities of that
committee under this rule and rule X during the Congress ending on
January 3 of such year.
(2) Such report shall include separate sections summarizing the
legislative and oversight activities of that committee during that
Congress.
(3) The oversight section of such report shall include a summary of
the oversight plans submitted by the committee pursuant to clause 2(d)
of rule X, a summary of the actions taken and recommendations made with
respect to each such plan, and a summary of any additional oversight
activities undertaken by that committee, and any recommendations made or
actions taken thereon.
(4) After an adjournment of the last regular session of a Congress
sine die, the chairman of a committee may file a report pursuant to
subparagraph (1) with the Clerk at any time and without approval of the
committee, provided that a copy of the report has been available to each
member of the committee for at least seven calendar days and includes
any supplemental, minority, or additional views submitted by a member of
the committee.
Committee Rules
<INF>Adoption</INF> of</INF> written</INF> rules
</INF> 2. (a) Each standing committee of the House shall adopt written
rules governing its procedure. Such rules--
(1) shall be adopted in a meeting which is open to the public unless
the committee, in open session and with a quorum present, determined
by rollcall vote that all or part of the meeting on that day is to be
closed to the public;
(2) shall be not inconsistent with the Rules of the House or with
those provisions of law having the force and effect of Rules of the
House; and
(3) shall in any event incorporate all of the succeeding provisions
of this clause to the extent applicable.
Each committee's rules specifying its regular meeting days, and any
other rules of a committee which are in addition to the provisions of
this clause, shall be published in the Congressional Record not later
than thirty days after the committee is elected in each odd-numbered
year. Each select or joint committee shall comply with the provisions of
this paragraph unless specifically prohibited by law.
<INF>Regular</INF> meeting</INF> days
</INF> (b) Each standing committee of the House shall adopt regular
meeting days, which shall be not less frequent than monthly, for the
conduct of its business. Each such committee shall meet, for the
consideration of any bill or resolution pending before the committee or
for the transaction of other committee business, on all regular meeting
days fixed by the committee, unless otherwise provided by written rule
adopted by the committee.
<INF>Additional</INF> and</INF> special</INF> meetings
</INF> (c)(1) The Chairman of each standing committee may call and
convene, as he or she considers necessary, additional meetings of the
committee for the consideration of any bill or resolution pending before
the committee or for the conduct of other committee business. The
committee shall meet for such purpose pursuant to that call of the
chairman.
(2) If at least three members of any standing committee desire that a
special meeting of the committee be called by the chairman, those
members may file in the offices of the committee their written request
to the chairman for that special meeting. Such request shall specify the
measure or matter to be considered. Immediately upon the filing of the
request, the clerk of the committee shall notify the chairman of the
filing of the request. If, within three calendar days after the filing
of the request, the chairman does not call the requested special
meeting, to be held within seven calendar days after the filing of the
request, a majority of the members of the committee may file in the
offices of the committee their written notice that a special meeting of
the committee will be held, specifying the date and hour of, and the
measure or matter to be considered at, that special meeting. The
committee shall meet on that date and hour. Immediately upon the filing
of the notice, the clerk of the committee shall notify all members of
the committee that such special meeting will be held and inform them of
its date and hour and the measure or matter to be considered; and only
the measure or matter specified in that notice may be considered at that
special meeting.
<INF>Vice</INF> chairman</INF> or</INF> ranking</INF> majority</INF>
member</INF> to</INF> preside</INF> in</INF> absence</INF> of</INF>
chairman
</INF> (d) A member of the majority party on any standing committee or
subcommittee thereof designated by the chairman of the full committee
shall be vice chairman of the committee or subcommittee, as the case may
be, and shall preside at any meeting during the temporary absence of the
chairman. If the chairman and vice chairman of the committee or
subcommittee are not present at any meeting of the committee or
subcommittee, the ranking member of the majority party who is present
shall preside at that meeting.
<INF>Committee</INF> records
</INF> (e)(1) Each committee shall keep a complete record of all
committee action which shall include--
(A) in the case of any meeting or hearing transcript, a
substantially verbatim account of remarks actually made during the
proceedings, subject only to technical, grammatical, and typographical
corrections authorized by the person making the remarks involved; and
(B) a record of the votes on any question on which a rollcall vote
is demanded.
The result of each such rollcall vote shall be made available by the
committee for inspection by the public at reasonable times in the
offices of the committee. Information so available for public inspection
shall include a description of the amendment, motion, order, or other
proposition and the name of each Member voting for and each Member
voting against such amendment, motion, order, or proposition, and the
names of those Members present but not voting, except that in the case
of rollcall votes in the Committee on Standards of Official Conduct
taken in executive session, the result of any such vote shall not be
made available for inspection by the public without an affirmative vote
of a majority of the members of the committee.
(2) All committee hearings, records, data, charts, and files shall be
kept separate and distinct from the congressional office records of the
Member serving as chairman of the committee; and such records shall be
the property of the House and all Members of the House shall have access
thereto, except that in the case of records in the Committee on
Standards of Official Conduct respecting the conduct of any Member,
officer, or employee of the House, no Member of the House (other than a
member of such committee) shall have access thereto without the
specific, prior approval of the committee.
(3) Each committee shall include in its rules standards for
availability of records of the committee delivered to the Archivist of
the United States under rule XXXVI. Such standards shall specify
procedures for orders of the committee under clause 3(b)(3) and clause
4(b) of rule XXXVI, including a requirement that nonavailability of a
record for a period longer than the period otherwise applicable under
that rule shall be approved by vote of the committee.
(4) Each committee shall, to the maximum extent feasible, make its
publications available in electronic form.
<INF>Prohibition</INF> against</INF> proxy</INF> voting
</INF> (f) No vote by any member of any committee or subcommittee with
respect to any measure or matter may be cast by proxy.
<INF>Open</INF> meetings</INF> and</INF> hearings
</INF> (g)(1) Each meeting for the transaction of business, including
the markup of legislation, of each standing committee or subcommittee
thereof (except the Committee on Standards of Official Conduct) shall be
open to the public, including to radio, television, and still
photography coverage, except when the committee or subcommittee, in open
session and with a majority present, determines by rollcall vote that
all or part of the remainder of the
[[Page 2273]]
meeting on that day shall be closed to the public because disclosure of
matters to be considered would endanger national security, would
compromise sensitive law enforcement information, would tend to defame,
degrade or incriminate any person, or otherwise would violate any law or
rule of the House: Provided, however, That no person other than members
of the committee and such congressional staff and such departmental
representatives as they may authorize shall be present at any business
or markup session which has been closed to the public. This paragraph
does not apply to open committee hearings which are provided for by
clause 4(a)(1) of rule X or by subparagraph (2) of this paragraph.
(2) Each hearing conducted by each committee or subcommittee thereof
(except the Committee on Standards of Official Conduct) shall be open to
the public, including to radio, television, and still photography
coverage, except when the committee or subcommittee, in open session and
with a majority present, determines by rollcall vote that all or part of
the remainder of that hearing on that day shall be closed to the public
because disclosure of testimony, evidence, or other matters to be
considered would endanger the national security, would compromise
sensitive law enforcement information, or would violate any law or rule
of the House of Representatives. Notwithstanding the requirements of the
preceding sentence, a majority of those present, there being in
attendance the requisite number required under the rules of the
committee to be present for the purpose of taking testimony,
(A) may vote to close the hearing for the sole purpose of discussing
whether testimony or evidence to be received would endanger the
national security, would compromise sensitive law enforcement
information, or violate clause 2(k)(5) of rule XI; or
(B) may vote to close the hearing, as provided in clause 2(k)(5) of
rule XI.
No Member may be excluded from nonparticipatory attendance at any
hearing of any committee or subcommittee, with the exception of the
Committee on Standards of Official Conduct, unless the House of
Representatives shall by majority vote authorize a particular committee
or subcommittee, for purposes of a particular series of hearings on a
particular article of legislation or on a particular subject of
investigation, to close its hearings to Members by the same procedures
designated in this subparagraph for closing hearings to the public:
Provided, however, That the committee or subcommittee may by the same
procedure vote to close one subsequent day of hearing except that the
Committee on Appropriations, the Committee on National Security, and the
Permanent Select Committee on Intelligence and the subcommittees therein
may, by the same procedure, vote to close up to five additional
consecutive days of hearings.
(3) The chairman of each committee of the House (except the Committee
on Rules) shall make public announcement of the date, place, and subject
matter of any committee hearing at least one week before the
commencement of the hearing. If the chairman of the committee, with the
concurrence of the ranking minority member, determines there is good
cause to begin the hearing sooner, or if the committee so determines by
majority vote, a quorum being present for the transaction of business,
the chairman shall make the announcement at the earliest possible date.
Any announcement made under this subparagraph shall be promptly
published in the Daily Digest and promptly entered into the committee
scheduling service of House Information Resources.
(4) Each committee shall, to the greatest extent practicable, require
witnesses who appear before it to submit in advance written statements
of proposed testimony and to limit their initial oral presentations to
the committee to brief summaries thereof. In the case of a witness
appearing in a nongovernmental capacity, a written statement of proposed
testimony shall include a curriculum vitae and a disclosure of the
amount and source (by agency and program) of any Federal grant (or
subgrant thereof) or contract (or subcontract thereof) received during
the current fiscal year or either of the two previous fiscal years by
the witness or by an entity represented by the witness.
(5) No point of order shall lie with respect to any measure reported
by any committee on the ground that hearings on such measure were not
conducted in accordance with the provisions of this clause; except that
a point of order on that ground may be made by any member of the
committee which reported the measure if, in the committee, such point of
order was (A) timely made and (B) improperly overruled or not properly
considered.
(6) The preceding provisions of this paragraph do not apply to the
committee hearings which are provided for by clause 4(a)(1) of rule X.
<INF>Quorum</INF> for</INF> taking</INF> testimony</INF> and</INF>
certain</INF> other</INF> action
</INF> (h)(1) Each committee may fix the number of its members to
constitute a quorum for taking testimony and receiving evidence which
shall be not less than two.
(2) Each committee (except the Committee on Appropriations, the
Committee on the Budget, and the Committee on Ways and Means) may fix
the number of its members to constitute a quorum for taking any action
other than the reporting of a measure or recommendation which shall be
not less than one-third of the members.
<INF>Limitation</INF> on</INF> committees</INF><n-iden-2> <INF>sittings
</INF> (i) No committee of the House may sit during a joint session of
the House and Senate or during a recess when a joint meeting of the
House and Senate is in progress.
<INF>Calling</INF> and</INF> interrogation</INF> of</INF> witnesses
</INF> (j)(1) Whenever any hearing is conducted by any committee upon
any measure or matter, the minority party members on the committee shall
be entitled, upon request to the chairman by a majority of them before
the completion of the hearing, to call witnesses selected by the
minority to testify with respect to that measure or matter during at
least one day of hearing thereon.
(2)(A) Subject to subdivisions (B) and (C), each committee shall apply
the five-minute rule in the interrogation of witnesses in any hearing
until such time as each member of the committee who so desires has had
an opportunity to question each witness.
(B) A committee may adopt a rule or motion permitting an equal number
of its majority and minority party members each to question a witness
for a specified period not longer than 30 minutes.
(C) A committee may adopt a rule or motion permitting committee staff
for its majority and minority party members to question a witness for
equal specified periods.
<INF>Investigative</INF> hearing</INF> procedures
</INF> (k)(1) The chairman at an investigative hearing shall announce
in an opening statement the subject of the investigation.
(2) A copy of the committee rules and this clause shall be made
available to each witness.
(3) Witnesses at investigative hearings may be accompanied by their
own counsel for the purpose of advising them concerning their
constitutional rights.
(4) The chairman may punish breaches of order and decorum, and of
professional ethics on the part of counsel, by censure and exclusion
from the hearings; and the committee may cite the offender to the House
for contempt.
(5) Whenever it is asserted that the evidence or testimony at an
investigatory hearing may tend to defame, degrade, or incriminate any
person,
(A) such testimony or evidence shall be presented in executive
session, notwithstanding the provisions of clause 2(g)(2) of this
rule, if by a majority of those present, there being in attendance the
requisite number required under the rules of the committee to be
present for the purpose of taking testimony, the committee determines
that such evidence or testimony may tend to defame, degrade, or
incriminate any person; and
(B) the committee shall proceed to receive such testimony in open
session only if the committee, a majority being present, determines
that such evidence or testimony will not tend to defame, degrade, or
incriminate any person.
[[Page 2274]]
In either case the committee shall afford such person an opportunity
voluntarily to appear as a witness, and receive and dispose of requests
from such person to subpoena additional witnesses.
(6) Except as provided in subparagraph (5), the chairman shall receive
and the committee shall dispose of requests to subpoena additional
witnesses.
(7) No evidence or testimony taken in executive session may be
released or used in public sessions without the consent of the
committee.
(8) In the discretion of the committee, witnesses may submit brief and
pertinent sworn statements in writing for inclusion in the record. The
committee is the sole judge of the pertinency of testimony and evidence
adduced at its hearing.
(9) A witness may obtain a transcript copy of his testimony given at a
public session or, if given at an executive session, when authorized by
the committee.
<INF>Committee</INF> procedures</INF> for</INF> reporting</INF> bills</INF>
and</INF> resolutions
</INF> (l)(1)(A) It shall be the duty of the chairman of each committee
to report or cause to be reported promptly to the House any measure
approved by the committee and to take or cause to be taken necessary
steps to bring a matter to a vote.
(B) In any event, the report of any committee on a measure which has
been approved by the committee shall be filed within seven calendar days
(exclusive of days on which the House is not in session) after the day
on which there has been filed with the clerk of the committee a written
request, signed by a majority of the members of the committee, for the
reporting of that measure. Upon the filing of any such request, the
clerk of the committee shall transmit immediately to the chairman of the
committee notice of the filing of that request. This subdivision does
not apply to a report of the Committee on Rules with respect to the
rules, joint rules, or order of business of the House or to the
reporting of a resolution of inquiry addressed to the head of an
executive department.
(2)(A) No measure or recommendation shall be reported from any
committee unless a majority of the committee was actually present.
(B) With respect to each rollcall vote on a motion to report any
measure or matter of a public character, and on any amendment offered to
the measure or matter, the total number of votes cast for and against,
and the names of those members voting for and against, shall be included
in the committee report on the measure or matter. The preceding sentence
shall not apply to votes taken in executive session by the Committee on
Standards of Official Conduct.
(3) The report of any committee on a measure which has been approved
by the committee shall include (A) the oversight findings and
recommendations required pursuant to clause 2(b)(1) of rule X separately
set out and clearly identified; (B) the statement required by section
308(a)(1) of the Congressional Budget Act of l974, separately set out
and clearly identified, if the measure provides new budget authority
(other than continuing appropriations), new entitlement authority as
defined in section 3(9) of such Act, new credit authority, or an
increase or decrease in revenues or tax expenditures, except that the
estimates with respect to new budget authority shall include, when
practicable, a comparison of the total estimated funding level for the
relevant program (or programs) to the appropriate levels under current
law; (C) the estimate and comparison prepared by the Director of the
Congressional Budget Office under section 402 of such Act, separately
set out and clearly identified, whenever the Director (if timely
submitted prior to the filing of the report) has submitted such estimate
and comparison to the committee; and (D) a summary of the oversight
findings and recommendations made by the Committee on Government Reform
and Oversight under clause 4(c)(2) of rule X separately set out and
clearly identified whenever such findings and recommendations have been
submitted to the legislative committee in a timely fashion to allow an
opportunity to consider such findings and recommendations during the
committee's deliberations on the measure.
(4) Each report of a committee on a bill or joint resolution of a
public character shall include a statement citing the specific powers
granted to the Congress in the Constitution to enact the law proposed by
the bill or joint resolution.
(5) If, at the time of approval of any measure or matter by any
committee, other than the Committee on Rules, any member of the
committee gives notice of intention to file supplemental, minority, or
additional views, that member shall be entitled to not less than two
additional calendar days after the day of such notice (excluding
Saturdays, Sundays, or legal holidays except when the House is in
session on such a day) in which to file such views, in writing and
signed by that member, with the clerk of the committee. All such views
so filed by one or more members of the committee shall be included
within, and shall be a part of, the report filed by the committee with
respect to that measure or matter. When time guaranteed by this
subparagraph has expired (or, if sooner, when all separate views have
been received), the committee may arrange to file its report with the
Clerk not later than one hour after the expiration of such time. The
report of the committee upon that measure or matter shall be printed in
a single volume which--
(A) shall include all supplemental, minority, or additional views
which have been submitted by the time of the filing of the report, and
(B) shall bear upon its cover a recital that any such supplemental,
minority, or additional views (and any material submitted under
subdivisions (C) and (D) of subparagraph (3)) are included as part of
the report.
This subparagraph does not preclude--
(i) the immediate filing or printing of a committee report unless
timely request for the opportunity to file supplemental, minority, or
additional views has been made as provided by this subparagraph; or
(ii) the filing by any such committee of any supplemental report
upon any measure or matter which may be required for the correction of
any technical error in a previous report made by that committee upon
that measure or matter.
(6) A measure or matter reported by any committee (except the
Committee on Rules in the case of a resolution making in order the
consideration of a bill, resolution, or other order of business), shall
not be considered in the House until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is in
session on such a day) on which the report of that committee upon that
measure or matter has been available to the Members of the House:
Provided, however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of rule XI,
a report from the Committee on Rules specifically providing for the
consideration of a reported measure or matter notwithstanding this
restriction. If hearings have been held on any such measure or matter so
reported, the committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and available for
distribution to the Members of the House prior to the consideration of
such measure or matter in the House. This subparagraph shall not apply
to--
(A) any measure for the declaration of war, or the declaration of a
national emergency, by the Congress; or
(B) any decision, determination, or action by a Government agency
which would become or continue to be, effective unless disapproved or
otherwise invalidated by one or both Houses of Congress.
For the purposes of the preceding sentence, a Government agency includes
any department, agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal Government or the
government of the District of Columbia.
(7) If, within seven calendar days after a measure has, by resolution,
been made in order for consideration by the House, no motion has been
offered that the House consider that measure, any member of the
committee which reported that measure may be recognized in the
discretion of
[[Page 2275]]
the Speaker to offer a motion that the House shall consider that
measure, if that committee has duly authorized that member to offer that
motion.
<INF>Power</INF> to</INF> sit</INF> and</INF> act</INF><gr-thn-eq>
<INF>subpoena</INF> power
</INF> (m)(1) For the purpose of carrying out any of its functions and
duties under this rule and rule X (including any matters referred to it
under clause 5 of rule X), any committee, or any subcommittee thereof,
is authorized (subject to subparagraph (2)(A) of this paragraph)--
(A) to sit and act at such times and places within the United
States, whether the House is in session, has recessed, or has
adjourned, and to hold such hearings, and
(B) to require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memorandums, papers, and documents as it deems
necessary.
The chairman of the committee, or any member designated by such
chairman, may administer oaths to any witness.
(2)(A) A subpoena may be authorized and issued by a committee or
subcommittee under subparagraph (1)(B) in the conduct of any
investigation or series of investigations or activities, only when
authorized by a majority of the members voting, a majority being
present, except in the case of a subcommittee of the Committee on
Standards of Official Conduct, a subpoena may be authorized and issued
only when authorized by an affirmative vote of a majority of its
members. The power to authorize and issue subpoenas under subparagraph
(1)(B) may be delegated to the chairman of the committee pursuant to
such rules and under such limitations as the committee may prescribe.
Authorized subpoenas shall be signed by the chairman of the committee or
by any member designated by the committee.
(B) Compliance with any subpoena issued by a committee or subcommittee
under subparagraph (1)(B) may be enforced only as authorized or directed
by the House.
<INF>Use</INF> of</INF> committee</INF> funds</INF> for</INF> travel
</INF> (n)(1) Funds authorized for a committee under clause 5 are for
expenses incurred in the committee's activities; however, local
currencies owned by the United States shall be made available to the
committee and its employees engaged in carrying out their official
duties outside the United States, its territories or possessions. No
appropriated funds, including those authorized under clause 5, shall be
expended for the purpose of defraying expenses of members of the
committee or its employees in any country where local currencies are
available for this purpose; and the following conditions shall apply
with respect to travel outside the United States or its territories or
possessions:
(A) No member or employee of the committee shall receive or expend
local currencies for subsistence in any country for any day at a rate
in excess of the maximum per diem set forth in applicable Federal law,
or if the Member or employee is reimbursed for any expenses for such
day, then the lesser of the per diem or the actual, unreimbursed
expenses (other than for transportation) incurred by the Member or
employee during that day.
(B) Each member or employee of the committee shall make to the
chairman of the committee an itemized report showing the dates each
country was visited, the amount of per diem furnished, the cost of
transportation furnished, any funds expended for any other official
purpose and shall summarize in these categories the total foreign
currencies and/or appropriated funds expended. All such individual
reports shall be filed no later than sixty days following the
completion of travel with the chairman of the committee for use in
complying with reporting requirements in applicable Federal law and
shall be open for public inspection.
(2) In carrying out the committee's activities outside of the United
States in any country where local currencies are unavailable, a member
or employee of the committee may not receive reimbursement for expenses
(other than for transportation) in excess of the maximum per diem set
forth in applicable Federal law, or if the member or employee is
reimbursed for any expenses for such day, then the lesser of the per
diem or the actual unreimbursed expenses (other than for transportation)
incurred, by the member or employee during any day.
(3) A member or employee of a committee may not receive reimbursement
for the cost of any transportation in connection with travel outside of
the United States unless the member or employee has actually paid for
the transportation.
(4) The restrictions respecting travel outside of the United States
set forth in subparagraphs (2) and (3) shall also apply to travel
outside of the United States by Members, officers, and employees of the
House authorized under clause 8 of rule I, clause 1(b) of this rule, or
any other provision of these Rules of the House of Representatives.
(5) No local currencies owned by the United States may be made
available under this paragraph for the use outside of the United States
for defraying the expenses of a member of any committee after--
(A) the date of the general election of Members in which the Member
has not been elected to the succeeding Congress; or
(B) in the case of a Member who is not a candidate in such general
election, the earlier of the date of such general election or the
adjournment sine die of the last regular session of the Congress.
Broadcasting of Committee Hearings and Meetings
3. (a) It is the purpose of this clause to provide a means, in
conformity with acceptable standards of dignity, propriety, and decorum,
by which committee hearings, or committee meetings, which are open to
the public may be covered, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage--
(1) for the education, enlightenment, and information of the general
public, on the basis of accurate and impartial news coverage,
regarding the operations, procedures, and practices of the House as a
legislative and representative body and regarding the measures, public
issues, and other matters before the House and its committees, the
consideration thereof, and the action taken thereon; and
(2) for the development of the perspective and understanding of the
general public with respect to the role and function of the House
under the Constitution of the United States as an organ of the Federal
Government.
(b) In addition, it is the intent of this clause that radio and
television tapes and television film of any coverage under this clause
shall not be used, or made available for use, as partisan political
campaign material to promote or oppose the candidacy of any person for
elective public office.
(c) It is, further, the intent of this clause that the general conduct
of each meeting (whether of a hearing or otherwise) covered, under
authority of this clause, by television broadcast, radio broadcast, and
still photography, or by any of such methods of coverage, and the
personal behavior of the committee members and staff, other Government
officials and personnel, witnesses, television, radio, and press media
personnel, and the general public at the hearing or other meeting shall
be in strict conformity with and observance of the acceptable standards
of dignity, propriety, courtesy, and decorum traditionally observed by
the House in its operations and shall not be such as to--
(1) distort the objects and purposes of the hearing or other meeting
or the activities of committee members in connection with that hearing
or meeting or in connection with the general work of the committee or
of the House; or
(2) cast discredit or dishonor on the House, the committee, or any
Member or bring the House, the committee, or any Member into
disrepute.
(d) The coverage of committee hearings and meetings by television
broadcast, radio broadcast, or still photography shall be permitted and
conducted only in strict conformity with the purposes, provisions, and
requirements of this clause.
(e) Whenever a hearing or meeting conducted by any committee or sub
[[Page 2276]]
committee of the House is open to the public, those proceedings shall be
open to coverage by television, radio, and still photography. A
committee or subcommittee chairman may not limit the number of
television or still cameras to fewer than two representatives from each
medium (except for legitimate space or safety considerations, in which
case pool coverage shall be authorized).
(f) Each committee of the House shall adopt written rules to govern
its implementation of this clause. Such rules shall include provisions
to the following effect:
(1) If the television or radio coverage of the hearing or meeting is
to be presented to the public as live coverage, that coverage shall be
conducted and presented without commercial sponsorship.
(2) The allocation among the television media of the positions of
the number of television cameras permitted by a committee or
subcommittee chairman in a hearing or meeting room shall be in
accordance with fair and equitable procedures devised by the Executive
Committee of the Radio and Television Correspondents' Galleries.
(3) Television cameras shall be placed so as not to obstruct in any
way the space between any witness giving evidence or testimony and any
member of the committee or the visibility of that witness and that
member to each other.
(4) Television cameras shall operate from fixed positions but shall
not be placed in positions which obstruct unnecessarily the coverage
of the hearing or meeting by the other media.
(5) Equipment necessary for coverage by the television and radio
media shall not be installed in, or removed from, the hearing or
meeting room while the committee is in session.
(6) Floodlights, spotlights, strobelights, and flashguns shall not
be used in providing any method of coverage of the hearing or meeting,
except that the television media may install additional lighting in
the hearing or meeting room, without cost to the Government, in order
to raise the ambient lighting level in the hearing or meeting room to
the lowest level necessary to provide adequate television coverage of
the hearing or meeting at the then current state of the art of
television coverage.
(7) In the allocation of the number of still photographers permitted
by a committee or subcommittee chairman in a hearing or meeting room,
preference shall be given to photographers from Associated Press
Photos and United Press International Newspictures. If requests are
made by more of the media than will be permitted by a committee or
subcommittee chairman for coverage of the hearing or meeting by still
photography, that coverage shall be made on the basis of a fair and
equitable pool arrangement devised by the Standing Committee of Press
Photographers.
(8) Photographers shall not position themselves, at any time during
the course of the hearing or meeting, between the witness table and
the members of the committee.
(9) Photographers shall not place themselves in positions which
obstruct unnecessarily the coverage of the hearing by the other media.
(10) Personnel providing coverage by the television and radio media
shall be then currently accredited to the Radio and Television
Correspondents' Galleries.
(11) Personnel providing coverage by still photography shall be then
currently accredited to the Press Photographers' Gallery.
(12) Personnel providing coverage by the television and radio media
and by still photography shall conduct themselves and their coverage
activities in an orderly and unobtrusive manner.
Privileged Reports and Amendments
4. (a) The following committees shall have leave to report at any time
on the matters herein stated, namely: The Committee on Appropriations--
on general appropriation bills and on joint resolutions continuing
appropriations for a fiscal year if reported after September 15
preceding the beginning of such fiscal year; the Committee on the
Budget--on the matters required to be reported by such committee under
Titles III and IV of the Congressional Budget Act of 1974; the Committee
on House Oversight--on enrolled bills, contested elections, and all
matters referred to it of printing for the use of the House or the two
Houses, and on all matters of expenditure of the applicable accounts of
the House described in clause 1(h)(1) of rule X, and on all matters
relating to preservation and availability of noncurrent records of the
House under rule XXXVI; the Committee on Rules--on rules, joint rules,
and the order of business; and the Committee on Standards of Official
Conduct--on resolutions recommending action by the House of
Representatives with respect to an individual Member, officer, or
employee of the House of Representatives as a result of any
investigation by the committee relating to the official conduct of such
Member, officer, or employee of the House of Representatives.
(b) It shall always be in order to call up for consideration a report
from the Committee on Rules on a rule, joint rule, or the order of
business (except it shall not be called up for consideration on the same
day it is presented to the House, unless so determined by a vote of not
less than two-thirds of the Members voting, but this provision shall not
apply during the last three days of the session), and, pending the
consideration thereof, the Speaker may entertain one motion that the
House adjourn; but after the result is announced the Speaker shall not
entertain any other dilatory motion until the report shall have been
fully disposed of. The Committee on Rules shall not report any rule or
order which provides that business under clause 7 of rule XXIV shall be
set aside by a vote of less than two-thirds of the Members present; nor
shall it report any rule or order which would prevent the motion to
recommit from being made as provided in clause 4 of rule XVI, including
a motion to recommit with instructions to report back an amendment
otherwise in order (if offered by the Minority Leader or a designee),
except with respect to a Senate bill or resolution for which the text of
a House-passed measure has been substituted.
(c) The Committee on Rules shall present to the House reports
concerning rules, joint rules, and order of business, within three
legislative days of the time when the bill or resolution involved is
ordered reported by the committee. If any such rule or order is not
considered immediately, it shall be referred to the calendar and, if not
called up by the Member making the report within seven legislative days
thereafter, any member of the Committee on Rules may call it up as a
question of privilege (but only on the day after the calendar day on
which such Member announces to the House his intention to do so) and the
Speaker shall recognize any member of the Committee on Rules seeking
recognition for that purpose. If the Committee on Rules makes an adverse
report on any resolution pending before the committee, providing for an
order of business for the consideration by the House of any public bill
or joint resolution, on days when it shall be in order to call up
motions to discharge committees it shall be in order for any Member of
the House to call up for consideration by the House such adverse report,
and it shall be in order to move the adoption by the House of such
resolution adversely reported notwithstanding the adverse report of the
Committee on Rules, and the Speaker shall recognize the Member seeking
recognition for that purpose as a question of the highest privilege.
(d) Whenever the Committee on Rules reports a resolution repealing or
amending any of the Rules of the House of Representatives or part
thereof it shall include in its report or in an accompanying document--
(1) the text of any part of the Rules of the House of
Representatives which is proposed to be repealed; and
(2) a comparative print of any part of the resolution making such an
amendment and any part of the Rules of the House of Representatives to
be amended, showing by an appropriate typographical device the
omissions and insertions proposed to be made.
(e) Whenever the Committee on Rules reports a resolution providing for
the consideration of any measure, it
[[Page 2277]]
shall, to the maximum extent possible, specify in the resolution the
object of any waiver of a point of order against the measure or against
its consideration.
Committee Expenses
5. (a) Whenever any committee, commission, or other entity (except the
Committee on Appropriations) is to be granted authorization for the
payment of its expenses (including all staff salaries) for a Congress,
such authorization initially shall be procured by one primary expense
resolution reported by the Committee on House Oversight. A primary
expense resolution may include a reserve fund for unanticipated expenses
of committees. An amount from such a reserve fund may be allocated to a
committee only by the approval of the Committee on House Oversight. A
primary expense resolution reported to the House shall not be considered
in the House unless a printed report on that resolution has been
available to the Members of the House for at least one calendar day
prior to the consideration of that resolution in the House. Such report
shall, for the information of the House--
(1) state the total amount of the funds to be provided to the
committee, commission or other entity under the primary expense
resolution for all anticipated activities and programs of the
committee, commission or other entity; and
(2) to the extent practicable, contain such general statements
regarding the estimated foreseeable expenditures for the respective
anticipated activities and programs of the committee, commission or
other entity as may be appropriate to provide the House with basic
estimates with respect to the expenditure generally of the funds to be
provided to the committee, commission or other entity under the
primary expense resolution.
(b) After the date of adoption by the House of any such primary
expense resolution for any such committee, commission, or other entity
for any Congress, authorization for the payment of additional expenses
(including staff salaries) in that Congress may be procured by one or
more supplemental expense resolutions reported by the Committee on House
Oversight, as necessary. Any such supplemental expense resolution
reported to the House shall not be considered in the House unless a
printed report on that resolution has been available to the Members of
the House for at least one calendar day prior to the consideration of
that resolution in the House. Such report shall, for the information of
the House--
(1) state the total amount of additional funds to be provided to the
committee, commission or other entity under the supplemental expense
resolution and the purpose or purposes for which those additional
funds are to be used by the committee, commission or other entity; and
(2) state the reason or reasons for the failure to procure the
additional funds for the committee, commission or other entity by
means of the primary expense resolution.
(c) The preceding provisions of this clause do not apply to--
(1) any resolution providing for the payment from committee salary
and expense accounts of the House of sums necessary to pay
compensation for staff services performed for, or to pay other
expenses of, any committee, commission or other entity at any time
from and after the beginning of any odd-numbered year and before the
date of adoption by the House of the primary expense resolution
providing funds to pay the expenses of that committee, commission or
other entity for that Congress; or
(2) any resolution providing in any Congress, for all of the
standing committees of the House, additional office equipment, airmail
and special delivery postage stamps, supplies, staff personnel, or any
other specific item for the operation of the standing committees, and
containing an authorization for the payment from committee salary and
expense accounts of the House of the expenses of any of the foregoing
items provided by that resolution, subject to and until enactment of
the provisions of the resolution as permanent law.
(d) From the funds made available for the appointment of committee
staff pursuant to any primary or additional expense resolution, the
chairman of each committee shall ensure that sufficient staff is made
available to each subcommittee to carry out its responsibilities under
the rules of the committee, and that the minority party is fairly
treated in the appointment of such staff.
(e) No primary expense resolution or additional expense resolution of
a committee may provide for the payment or reimbursement of expenses
incurred by any member of the committee for travel by the member after
the date of the general election of Members in which the Member is not
elected to the succeeding Congress, or in the case of a Member who is
not a candidate in such general election, the earlier of the date of
such general election or the adjournment sine die of the last regular
session of the Congress.
(f)(1) For continuance of necessary investigations and studies by--
(A) each standing committee and select committee established by
these rules; and
(B) except as provided in subparagraph (2), each select committee
established by resolution;
there shall be paid out of committee salary and expense accounts of the
House such amounts as may be necessary for the period beginning at noon
on January 3 and ending at midnight on March 31 in each odd-numbered
year.
(2) In the case of the first session of a Congress, amounts shall be
made available under this paragraph for a select committee established
by resolution in the preceding Congress only if--
(A) a reestablishing resolution for such select committee is
introduced in the present Congress; and
(B) no resolution of the preceding Congress provided for termination
of funding of investigations and studies by such select committee at
or before the end of the preceding Congress.
(3) Each committee receiving amounts under this paragraph shall be
entitled, for each month in the period specified in subparagraph (1), to
9 per centum (or such lesser per centum as may be determined by the
Committee on House Oversight) of the total annualized amount made
available under expense resolutions for such committee in the preceding
session of Congress.
(4) Payments under this paragraph shall be made on vouchers authorized
by the committee involved, signed by the chairman of such committee,
except as provided in subparagraph (5), and approved by the Committee on
House Oversight.
(5) Notwithstanding any provision of law, rule of the House, or other
authority, from noon on January 3 of the first session of a Congress,
until the election by the House of the committee involved in that
Congress, payments under this paragraph shall be made on vouchers signed
by--
(A) the chairman of such committee as constituted at the close of
the preceding Congress; or
(B) if such chairman is not a Member in the present Congress, the
ranking majority party member of such committee as constituted at the
close of the preceding Congress who is a Member in the present
Congress.
(6)(A) The authority of a committee to incur expenses under this
paragraph shall expire upon agreement by the House to a primary expense
resolution for such committee.
(B) Amounts made available under this paragraph shall be expended in
accordance with regulations prescribed by the Committee on House
Oversight.
(C) The provisions of this paragraph shall be effective only insofar
as not inconsistent with any resolution, reported by the Committee on
House Oversight and adopted after the date of adoption of these rules.
Committee Staffs
6. (a)(1) Subject to subparagraph (2) and paragraph (f), each standing
committee may appoint, by majority vote of the committee, not more than
thirty professional staff members from the funds provided for the
appointment of committee staff pursuant to primary and additional
expense resolutions. Each professional staff member appointed under this
subparagraph shall be assigned to the chairman and the
[[Page 2278]]
ranking minority party member of such committee, as the committee
considers advisable.
(2) Subject to paragraph (f) of this clause, whenever a majority of
the minority party members of a standing committee (except the Committee
on Standards of Official Conduct and the Permanent Select Committee on
Intelligence) so request, not more than ten persons (or one-third of the
total professional committee staff appointed under this clause,
whichever is less) may be selected, by majority vote of the minority
party members, for appointment by the committee as professional staff
members from among the number authorized by subparagraph (1) of this
paragraph. The committee shall appoint any persons so selected whose
character and qualifications are acceptable to a majority of the
committee. If the committee determines that the character and
qualifications of any person so selected are unacceptable to the
committee, a majority of the minority party members may select other
persons for appointment by the committee to the professional staff until
such appointment is made. Each professional staff member appointed under
this subparagraph shall be assigned to such committee business as the
minority party members of the committee consider advisable.
(b)(1) The professional staff members of each standing committee--
(A) may not engage in any work other than committee business during
congressional working hours; and
(B) may not be assigned any duties other than those pertaining to
committee business.
(2) Subparagraph (1) does not apply to any staff designated by a
committee as ``associate'' or ``shared'' staff who are not paid
exclusively by the committee, provided that the chairman certifies that
the compensation paid by the committee for any such employee is
commensurate with the work performed for the committee, in accordance
with the provisions of clause 8 of rule XLIII.
(3) The use of any ``associate'' or ``shared'' staff by any committee
shall be subject to the review of, and to any terms, conditions, or
limitations established by, the Committee on House Oversight in
connection with the reporting of any primary or additional expense
resolution.
(4) The foregoing provisions of this clause do not apply to the
Committee on Appropriations.
(c) Each employee on the professional and investigative staff of each
standing committee shall be entitled to pay at a single gross per annum
rate, to be fixed by the chairman, which does not exceed the maximum
rate of pay, as in effect from time to time, under applicable provisions
of law.
(d) Subject to appropriations hereby authorized, the Committee on
Appropriations may appoint such staff, in addition to the clerk thereof
and assistants for the minority, as it determines by majority vote to be
necessary, such personnel, other than minority assistants, to possess
such qualifications as the committee may prescribe.
(e) No committee shall appoint to its staff any experts or other
personnel detailed or assigned from any department or agency of the
Government, except with the written permission of the Committee on House
Oversight.
(f) If a request for the appointment of a minority professional staff
member under paragraph (a) is made when no vacancy exists to which that
appointment may be made, the committee nevertheless shall appoint, under
paragraph (a), the person selected by the minority and acceptable to the
committee. The person so appointed shall serve as an additional member
of the professional staff of the committee, and shall be paid from the
applicable accounts of the House described in clause 1(h)(1) of rule X,
until such a vacancy (other than a vacancy in the position of head of
the professional staff, by whatever title designated) occurs, at which
time that person shall be deemed to have been appointed to that vacancy.
If such vacancy occurs on the professional staff when seven or more
persons have been so appointed who are eligible to fill that vacancy, a
majority of the minority party members shall designate which of those
persons shall fill that vacancy.
(g) Each staff member appointed pursuant to a request by minority
party members under paragraph (a) of this clause, and each staff member
appointed to assist minority party members of a committee pursuant to an
expense resolution described in paragraph (a) of clause 5, shall be
accorded equitable treatment with respect to the fixing of his or her
rate of pay, the assignment to him or her of work facilities, and the
accessibility to him or her of committee records.
(h) Paragraph (a) shall not be construed to authorize the appointment
of additional professional staff members of a committee pursuant to a
request under such paragraph by the minority party members of that
committee if ten or more professional staff members provided for in
paragraph (a)(1) who are satisfactory to a majority of the minority
party members, are otherwise assigned to assist the minority party
members.
(i) Notwithstanding paragraph (a)(2), a committee may employ
nonpartisan staff, in lieu of or in addition to committee staff
designated exclusively for the majority or minority party, upon an
affirmative vote of a majority of the members of the majority party and
a majority of the members of the minority party.
Rule XII
resident commissioner and delegates
The Resident Commissioner to the United States from Puerto Rico and
each Delegate to the House shall be elected to serve on standing
committees in the same manner as Members of the House and shall possess
in such committees the same powers and privileges as the other Members.
Rule XIII
calendars and reports of committees
1. There shall be three calendars to which all business reported from
committees shall be referred, viz:
First. A Calendar of the Committee of the Whole House on the state of
the Union, to which shall be referred bills raising revenue, general
appropriation bills, and bills of a public character directly or
indirectly appropriating money or property.
Second. A House Calendar, to which shall be referred all bills of a
public character not raising revenue nor directly or indirectly
appropriating money or property.
Third. A Calendar of the Committee of the Whole House, to which shall
be referred all bills of a private character.
2. All reports of committees, except as provided in clause 4(a) of
rule XI, together with the views of the minority, shall be delivered to
the Clerk for printing and reference to the proper calendar under the
direction of the Speaker, in accordance with the foregoing clause, and
the titles or subject thereof shall be entered on the Journal and
printed in the Record: Provided, That bills reported adversely shall be
laid on the table, unless the committee reporting a bill, at the time,
or any Member within three days thereafter, shall request its reference
to the calendar, when it shall be referred, as provided in clause 1 of
this rule.
3. Whenever a committee reports a bill or a joint resolution repealing
or amending any statute or part thereof it shall include in its report
or in an accompanying document--
(1) The text of the statute or part thereof which is proposed to be
repealed; and
(2) A comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof proposed to be
amended, showing by stricken-through type and italic, parallel
columns, or other appropriate typographical devices the omissions and
insertions proposed to be made: Provided, however, That if a committee
reports such a bill or joint resolution with amendments or an
amendment in the nature of a substitute for the entire bill, such
report shall include a comparative print showing any changes in
existing law proposed by the amendments or substitute instead of as in
the bill as introduced.
4. (a) After a bill has been favorably reported and placed on either
the Union or House Calendar, the Speaker may, after consultation with
the Minority Leader, file with the Clerk a notice requesting that such
bill also be placed upon a special calendar to be known as the
``Corrections Calendar.'' At any time on the second and fourth Tuesdays
of each month, the Speaker
[[Page 2279]]
may direct the Clerk to call any bill that has been on the Corrections
Calendar for three legislative days.
(b) A bill so called shall be considered in the House, shall be
debatable for one hour equally divided and controlled by the chairman
and ranking minority member of the primary committee of jurisdiction
reporting the bill, and shall not be subject to amendment except those
amendments recommended by the primary committee of jurisdiction or those
offered by the chairman of the primary committee or a designee. The
previous question shall be considered as ordered on the bill and any
amendment thereto to final passage without intervening motion except one
motion to recommit with or without instructions.
(c) A three-fifths vote of the Members voting shall be required to
pass any bill called from the Corrections Calendar but the rejection of
any such bill, or the sustaining of any point of order against it or its
consideration, shall not cause it to be removed from the Calendar to
which it was originally referred.
5. There shall also be a Calendar of Motions to Discharge Committees,
as provided in clause 3 of rule XXVII.
6. Calendars shall be printed daily.
7. (a) The report accompanying each bill or joint resolution of a
public character reported by any committee shall contain--
(1) an estimate, made by such committee, of the costs which would be
incurred in carrying out such bill or joint resolution in the fiscal
year in which it is reported, and in each of the five fiscal years
following such fiscal year (or for the authorized duration of any
program authorized by such bill or joint resolution, if less than five
years);
(2) a comparison of the estimate of costs described in subparagraph
(1) of this paragraph made by such committee with any estimate of such
costs made by any Government agency and submitted to such committee;
and
(3) when practicable, a comparison of the total estimated funding
level for the relevant program (or programs) with the appropriate
levels under current law.
(b) It shall not be in order to consider any such bill or joint
resolution in the House if the report of the committee which reported
that bill or joint resolution does not comply with paragraph (a) of this
clause.
(c) For the purposes of subparagraph (2) of paragraph (a) of this
clause, a Government agency includes any department, agency,
establishment, wholly owned Government corporation, or instrumentality
of the Federal Government or the government of the District of Columbia.
(d) The preceding provisions of this clause do not apply to the
Committee on Appropriations, the Committee on House Oversight, the
Committee on Rules, and the Committee on Standards of Official Conduct,
and do not apply where a cost estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974 has been timely submitted prior to the
filing of the report and included in the report pursuant to clause
2(l)(3)(C) of rule XI.
(e)(1) A report from the Committee on Ways and Means on a bill or
joint resolution designated by the Majority Leader (after consultation
with the Minority Leader) as major tax legislation may include a dynamic
estimate of the changes in Federal revenues expected to result from
enactment of the legislation. The Joint Committee on Taxation shall
render a dynamic estimate of such legislation only in response to a
timely request from the chairman of the Committee on Ways and Means
(after consultation with the ranking minority member of the committee).
A dynamic estimate pursuant to this paragraph may be used only for
informational purposes.
(2) In this paragraph, ``dynamic estimate'' means a projection based
in any part on assumptions concerning probable effects of macroeconomic
feedback. A dynamic estimate shall include a statement identifying all
such assumptions.
Rule XIV
of decorum and debate
1. When any Member desires to speak or deliver any matter to the
House, he shall rise and respectfully address himself to ``Mr.
Speaker'', and, on being recognized, may address the House from any
place on the floor or from the Clerk's desk, and shall confine himself
to the question under debate, avoiding personality. Debate may include
references to actions taken by the Senate or by committees thereof which
are a matter of public record, references to the pendency or sponsorship
in the Senate of bills, resolutions, and amendments, factual
descriptions relating to Senate action or inaction concerning a measure
then under debate in the House, and quotations from Senate proceedings
on a measure then under debate in the House and which are relevant to
the making of legislative history establishing the meaning of that
measure, but may not include characterizations of Senate action or
inaction, other references to individual Members of the Senate, or other
quotations from Senate proceedings.
2. When two or more Members rise at once, the Speaker shall name the
Member who is first to speak; and no Member shall occupy more than one
hour in debate on any question in the House or in committee, except as
further provided in this rule.
3. The Member reporting the measure under consideration from a
committee may open and close, where general debate has been had thereon;
and if it shall extend beyond one day, he shall be entitled to one hour
to close, notwithstanding he may have used an hour in opening.
4. If any Member, in speaking or otherwise, transgress the rules of
the House, the Speaker shall, or any Member may, call him to order; in
which case he shall immediately sit down, unless permitted, on motion of
another Member, to explain, and the House shall, if appealed to, decide
on the case without debate; if the decision is in favor of the Member
called to order, he shall be at liberty to proceed, but not otherwise;
and, if the case requires it, he shall be liable to censure or such
punishment as the House may deem proper.
5. If a Member is called to order for words spoken in debate, the
Member calling him to order shall indicate the words excepted to, and
they shall be taken down in writing at the Clerk's desk and read aloud
to the House; but he shall not be held to answer, nor be subject to the
censure of the House therefor, if further debate or other business has
intervened.
6. No Member shall speak more than once to the same question without
leave of the House, unless he be the mover, proposer, or introducer of
the matter pending, in which case he shall be permitted to speak in
reply, but not until every Member choosing to speak shall have spoken.
7. While the Speaker is putting a question or addressing the House no
Member shall walk out of or across the hall, nor, when a Member is
speaking, pass between him and the Chair; and during the session of the
House no Member shall wear his hat, or remain by the Clerk's desk during
the call of the roll or the counting of ballots or smoke upon the floor
of the House; and the Sergeant-at-Arms is charged with the strict
enforcement of this clause. Neither shall any person be allowed to smoke
or to use any personal, electronic office equipment (including cellular
phones and computers) upon the floor of the House at any time.
8. It shall not be in order for any Member to introduce to or to bring
to the attention of the House during its sessions any occupant in the
galleries of the House; nor may the Speaker entertain a request for the
suspension of this rule by unanimous consent or otherwise.
9. (a) The Congressional Record shall be a substantially verbatim
account of remarks made during the proceedings of the House, subject
only to technical, grammatical, and typographical corrections authorized
by the Member making the remarks involved.
(b) Unparliamentary remarks may be deleted only by permission or order
of the House.
(c) This clause establishes a standard of conduct within the meaning
of clause 4(e)(1)(B) of rule X.
Rule XV
on calls of the roll and house
1. Subject to clause 5 of this rule, upon every roll call the names of
the
[[Page 2280]]
Members shall be called alphabetically by surname, except when two or
more have the same surname, in which case the name of the State shall be
added; and if there be two such Members from the same State, the whole
name shall be called, and after the roll has been once called, the Clerk
shall call in their alphabetical order the names of those not voting.
Members appearing after the second call, but before the result is
announced, may vote or announce a pair.
2. (a) In the absence of a quorum, fifteen Members, including the
Speaker, if there is one, shall be authorized to compel the attendance
of absent Members; and those for whom no sufficient excuse is made may,
by order of a majority of those present, subject to clause 6(e)(2) of
this rule be sent for and arrested, wherever they may be found, by
officers to be appointed by the Sergeant-at-Arms for that purpose, and
their attendance secured and retained; and the House shall determine
upon what condition they shall be discharged. Members who voluntarily
appear shall, unless the House otherwise direct, be immediately admitted
to the Hall of the House, and they shall report their names to the Clerk
to be entered upon the Journal as present.
(b) Subject to clause 5 of this rule, when a call of the House in the
absence of a quorum is ordered, the Speaker shall name one or more
clerks to tell the Members who are present. The names of those present
shall be recorded by such clerks, and shall be entered in the Journal
and the absentees noted, but the doors shall not be closed except when
so ordered by the Speaker. Members shall have not less than fifteen
minutes from the ordering of a call of the House to have their presence
recorded.
3. On the demand of any Member, or at the suggestion of the Speaker,
the names of Members sufficient to make a quorum in the Hall of the
House who do not vote shall be noted by the Clerk and recorded in the
Journal, and reported to the Speaker with the names of the Members
voting, and be counted and announced in determining the presence of a
quorum to do business.
4. Subject to clause 5 of this rule, whenever a quorum fails to vote
on any question, and a quorum is not present and objection is made for
that cause, unless the House shall adjourn there shall be a call of the
House, and the Sergeant-at-Arms shall forthwith proceed to bring in
absent Members, and the yeas and nays on the pending question shall at
the same time be considered as ordered. The Clerk shall call the roll,
and each Member as he answers to his name may vote on the pending
question, and, after the roll call is completed, each Member arrested
shall be brought by the Sergeant-at-Arms before the House, whereupon he
shall be noted as present, discharged from arrest and given an
opportunity to vote and his vote shall be recorded. If those voting on
the question and those who are present and decline to vote shall
together make a majority of the House, the Speaker shall declare that a
quorum is constituted, and the pending question shall be decided as the
majority of those voting shall appear. And thereupon further proceedings
under the call shall be considered as dispensed with. At any time after
the roll call has been completed, the Speaker may entertain a motion to
adjourn, if seconded by a majority of those present, to be ascertained
by actual count by the Speaker; and if the House adjourns, all
proceedings under this section shall be vacated.
5. (a) Unless, in his discretion, the Speaker orders the calling of
the names of Members in the manner provided for under the preceding
provisions of this rule, upon any roll call or quorum call the names of
such Members voting or present shall be recorded by electronic device.
In any such case, the Clerk shall enter in the Journal and publish in
the Congressional Record, in alphabetical order in each category, a list
of names of those Members recorded as voting in the affirmative, of
those Members recorded as voting in the negative, and of those Members
answering present, as the case may be, as if their names had been called
in the manner provided for under such preceding provisions. Members
shall have not less than fifteen minutes from the ordering of the roll
call or quorum call to have their vote or presence recorded.
(b) The Speaker may, in his discretion, reduce to not less than five
minutes the time within which a rollcall vote by electronic device may
be taken--
(1) after a rollcall vote has been ordered on a motion for the
previous question, on any underlying question that follows without
intervening business;
(2) after a rollcall vote has been ordered on an amendment reported
from the Committee of the Whole House on the state of the Union, on
any subsequent amendment to that bill or resolution reported from the
Committee of the Whole; or
(3) after a rollcall vote has been ordered on a motion to recommit a
bill, resolution, or conference report thereon, on the question of
passage or adoption, as the case may be, of such bill, resolution, or
conference report thereon, if the question of passage or adoption
follows without intervening business the vote on the motion to
recommit.
6. (a) It shall not be in order to make or entertain a point of order
that a quorum is not present--
(1) before or during the offering of prayer;
(2) during the administration of the oath of office to the Speaker
or Speaker pro tempore or a Member, Delegate, or Resident
Commissioner;
(3) during the reception of any message from the President of the
United States or the United States Senate; and
(4) during the offering, consideration, and disposition of any
motion incidental to a call of the House.
(b) A quorum shall not be required in Committee of the Whole for
agreement to a motion that the Committee rise.
(c) After the presence of a quorum is once ascertained on any day on
which the House is meeting, a point of order of no quorum may not be
made or entertained--
(1) during the reading of the Journal;
(2) during the period after a Committee of the Whole has risen after
completing its consideration of a bill or resolution and before the
Chairman of the Committee has reported the bill or resolution back to
the House; and
(3) during any period of a legislative day when the Speaker is
recognizing Members (including a Delegate or Resident Commissioner) to
address the House under special orders, with no measure or matter then
under consideration for disposition by the House.
(d) When the presence of a quorum is ascertained, a further point of
order that a quorum is not present may not thereafter be made or
entertained until additional business intervenes. For purposes of this
paragraph, the term ``business'' does not include any matter,
proceeding, or period referred to in paragraph (a), (b), or (c) of this
clause for which a quorum is not required or a point of order of no
quorum may not be made or entertained.
(e)(1) Except as provided by subparagraph (2), it shall not be in
order to make or entertain a point of order that a quorum is not present
unless the Speaker has put the pending motion or proposition to a vote.
(2) Notwithstanding subparagraph (1), it shall always be in order for
a Member to move a call of the House when recognized for that purpose by
the Speaker, and when a quorum has been established pursuant to a call
of the House, further proceedings under the call shall be considered as
dispensed with unless the Speaker, in his discretion, recognizes for a
motion under clause (2)(a) of this rule or for a motion to dispense with
further proceedings under the call.
7. The yeas and nays shall be considered as ordered when the Speaker
puts the question on final passage or adoption of any bill, joint
resolution, or conference report making general appropriations or
increasing Federal income tax rates, or on final adoption of any
concurrent resolution on the budget or conference report thereon.
Rule XVI
on motions, their precedence, etc.
1. Every motion made to the House and entertained by the Speaker shall
be reduced to writing on the demand of any Member, and shall be entered
on the Journal with the name of the Mem
[[Page 2281]]
ber making it, unless it is withdrawn the same day.
2. When a motion has been made, the Speaker shall state it or (if it
be in writing) cause it to be read aloud by the Clerk before being
debated, and it shall then be in possession of the House, but may be
withdrawn at any time before a decision or amendment.
3. When any motion or proposition is made, the question, Will the
House now consider it? shall not be put unless demanded by a Member.
4. When a question is under debate, no motion shall be received but to
adjourn, to lay on the table, for the previous question (which motions
shall be decided without debate), to postpone to a day certain, to
refer, or to amend, or postpone indefinitely; which several motions
shall have precedence in the foregoing order; and no motion to postpone
to a day certain, to refer, or to postpone indefinitely, being decided,
shall be again allowed on the same day at the same stage of the
question. After the previous question shall have been ordered on the
passage of a bill or joint resolution one motion to recommit shall be in
order, and the Speaker shall give preference in recognition for such
purpose to a Member who is opposed to the bill or joint resolution.
However, with respect to any motion to recommit with instructions after
the previous question shall have been ordered, it always shall be in
order to debate such motion for ten minutes before the vote is taken on
that motion, except that on demand of the floor manager for the majority
it shall be in order to debate such motion for one hour. One half of any
debate on such motions shall be given to debate by the mover of the
motion and one half to debate in opposition to the motion. It shall be
in order at any time during a day for the Speaker, in his discretion, to
entertain motions that (1) the Speaker be authorized to declare a
recess; and (2) when the House adjourns it stand adjourned to a day and
time certain. Either motion shall be of equal privilege with the motion
to adjourn provided for in this clause and shall be determined without
debate.
5. The hour at which the House adjourns shall be entered on the
Journal.
6. On the demand of any Member, before the question is put, a question
shall be divided if it includes propositions so distinct in substance
that one being taken away a substantive proposition shall remain:
Provided, That any motion or resolution to elect the members or any
portion of the members of the standing committees of the House and the
joint standing committees shall not be divisible, nor shall any
resolution or order reported by the Committee on Rules, providing a
special order of business be divisible.
7. A motion to strike out and insert is indivisible, but a motion to
strike out being lost shall neither preclude amendment nor motion to
strike out and insert; and no motion or proposition on a subject
different from that under consideration shall be admitted under color of
amendment.
8. Pending a motion to suspend the rules, the Speaker may entertain
one motion that the House adjourn; but after the result thereon is
announced he shall not entertain any other motion until the vote is
taken on suspension.
9. At any time after the reading of the Journal it shall be in order,
by direction of the appropriate committees, to move that the House
resolve itself into the Committee of the Whole House on the state of the
Union for the purpose of considering general appropriation bills.
10. No dilatory motion shall be entertained by the Speaker.
Rule XVII
previous question
1. There shall be a motion for the previous question, which, being
ordered by a majority of Members voting, if a quorum be present, shall
have the effect to cut off all debate and bring the House to a direct
vote upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon a
single motion, a series of motions allowable under the rules, or an
amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for, or after the previous
question shall have been ordered on its passage, for the Speaker to
entertain and submit a motion to commit, with or without instructions,
to a standing or select committee.
2. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
Speaker that a quorum is not present.
3. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.
Rule XVIII
reconsideration
1. When a motion has been made and carried or lost, it shall be in
order for any member of the majority, on the same or succeeding day, to
move for the reconsideration thereof, and such motion shall take
precedence of all other questions except the consideration of a
conference report or a motion to adjourn, and shall not be withdrawn
after the said succeeding day without the consent of the House, and
thereafter any Member may call it up for consideration: Provided, That
such motion, if made during the last six days of a session, shall be
disposed of when made.
2. No bill, petition, memorial, or resolution referred to a committee,
or reported therefrom for printing and recommitment, shall be brought
back into the House on a motion to reconsider; and all bills, petitions,
memorials, or resolutions reported from a committee shall be accompanied
by reports in writing, which shall be printed.
Rule XIX
of amendments
When a motion or proposition is under consideration a motion to amend
and a motion to amend that amendment shall be in order, and it shall
also be in order to offer a further amendment by way of substitute, to
which one amendment may be offered, but which shall not be voted on
until the original matter is perfected, but either may be withdrawn
before amendment or decision is had thereon. Amendments to the title of
a bill or resolution shall not be in order until after its passage, and
shall be decided without debate.
Rule XX
of amendments of the senate
1. Any amendment of the Senate to any House bill shall be subject to
the point of order that it shall first be considered in the Committee of
the Whole House on the state of the Union, if, originating in the House,
it would be subject to that point: Provided, however, That a motion to
disagree with the amendments of the Senate to a House bill or resolution
and request or agree to a conference with the Senate, or a motion to
insist on the House amendments to a Senate bill or resolution and
request or agree to a conference with the Senate, shall always be in
order if the Speaker, in his discretion, recognizes for that purpose and
if the motion is made by direction of the committee having jurisdiction
of the subject matter of the bill or resolution.
2. No amendment of the Senate to a general appropriation bill which
would be in violation of the provisions of clause 2 of rule XXI, if said
amendment had originated in the House, nor any amendment of the Senate
providing for an appropriation upon any bill other than a general
appropriation bill, shall be agreed to by the managers on the part of
the House unless specific authority to agree to such amendment shall be
first given by the House by a separate vote on every such amendment.
Rule XXI
on bills
1. Bills and joint resolutions on their passage shall be read the
first time by title and the second time in full, when, if the previous
question is ordered, the Speaker shall state, the question to be: Shall
the bill be engrossed and read a third time? and, if decided in the
affirmative, it shall be read the third time by title, and the question
shall then be put upon its passage.
2. (a) No appropriation shall be reported in a general appropriation
bill, or shall be in order as an amendment thereto, for any expenditure
not previously authorized by law, except to
[[Page 2282]]
continue appropriations for public works and objects which are already
in progress.
(b) No provision changing existing law shall be reported in a general
appropriation bill, including a provision making the availability of
funds contingent on the receipt or possession of information not
required by existing law for the period of the appropriation, except
germane provisions that retrench expenditures by the reduction of
amounts of money covered by the bill, which may include those
recommended to the Committee on Appropriations by direction of a
legislative committee having jurisdiction over the subject matter
thereof, and except rescissions of appropriations contained in
appropriation Acts.
(c) No amendment to a general appropriation bill shall be in order if
changing existing law, including an amendment making the availability of
funds contingent on the receipt or possession of information not
required by existing law for the period of the appropriation. Except as
provided in paragraph (d), no amendment shall be in order during
consideration of a general appropriation bill proposing a limitation not
specifically contained or authorized in existing law for the period of
the limitation.
(d) After a general appropriation bill has been read for amendment,
motions that the Committee of the Whole rise and report the bill to the
House with such amendments as may have been adopted shall, if offered by
the Majority Leader or a designee, have precedence over motions to
further amend the bill. If any such motion is rejected, amendments
proposing limitations not specifically contained or authorized in
existing law for the period of the limitation or proposing germane
amendments which retrench expenditures by reduction of amounts of money
covered by the bill may be considered; but after the vote on any such
amendment, the privileged motion made in order under this paragraph may
be renewed.
(e) No provision shall be reported in any appropriation bill or joint
resolution containing an emergency designation for purposes of section
251(b)(2)(D) or section 252(e) of the Balanced Budget and Emergency
Deficit Control Act, or shall be in order as an amendment thereto, if
the provision or amendment is not designated as an emergency, unless the
provision or amendment rescinds budget authority or reduces direct
spending, or reduces an amount for a designated emergency.
(f) During the reading of any appropriation bill for amendment in the
Committee of the Whole, it shall be in order to consider en bloc
amendments proposing only to transfer appropriations among objects in
the bill without increasing the levels of budget authority or outlays in
the bill. When considered en bloc pursuant to this paragraph, such
amendments may amend portions of the bill not yet read for amendment
(following the disposition of any points of order against such portions)
and shall not be subject to a demand for division of the question in the
House or in the Committee of the Whole.
3. A report from the Committee on Appropriations accompanying any
general appropriation bill making an appropriation for any purpose shall
contain a concise statement describing fully the effect of any provision
of the accompanying bill which directly or indirectly changes the
application of existing law, and shall contain a list of all
appropriations contained in the bill for any expenditure not previously
authorized by law (except for classified intelligence or national
security programs, projects, or activities).
4. No bill for the payment or adjudication of any private claim
against the Government shall be referred, except by unanimous consent,
to any other than the following committees, namely: To the Committee on
International Relations or to the Committee on the Judiciary.
5. (a) No bill or joint resolution carrying appropriations shall be
reported by any committee not having jurisdiction to report
appropriations, nor shall an amendment proposing an appropriation be in
order during the consideration of a bill or joint resolution reported by
a committee not having that jurisdiction. A question of order on an
appropriation in any such bill, joint resolution, or amendment thereto
may be raised at any time.
(b) No bill or joint resolution carrying a tax or tariff measure shall
be reported by any committee not having jurisdiction to report tax and
tariff measures, nor shall an amendment in the House or proposed by the
Senate carrying a tax or tariff measure be in order during the
consideration of a bill or joint resolution reported by a committee not
having that jurisdiction. A question of order on a tax or tariff measure
in any such bill, joint resolution, or amendment thereto may be raised
at any time.
(c) No bill or joint resolution, amendment, or conference report
carrying a Federal income tax rate increase shall be considered as
passed or agreed to unless so determined by a vote of not less than
three-fifths of the Members voting. For purposes of the preceding
sentence, the term ``Federal income tax rate increase'' means any
amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
imposes a new percentage as a rate of tax and thereby increases the
amount of tax imposed by any such section.
(d) It shall not be in order to consider any bill, joint resolution,
amendment, or conference report carrying a retroactive Federal income
tax rate increase. For purposes of the preceding sentence--
(1) the term ``Federal income tax rate increase'' means any
amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
imposes a new percentage as a rate of tax and thereby increases the
amount of tax imposed by any such section; and
(2) a Federal income tax rate increase is retroactive if it applies
to a period beginning prior to the enactment of the provision.
6. No general appropriation bill or amendment thereto shall be
received or considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this provision shall
not apply to appropriations in continuation of appropriations for public
works on which work has commenced, and shall not apply to transfers of
unexpended balances within the department or agency for which they were
originally appropriated, reported by the Committee on Appropriations.
7. No general appropriation bill shall be considered in the House
until printed committee hearings and a committee report thereon have
been available for the Members of the House for at least three calendar
days (excluding Saturdays, Sundays, or legal holidays except when the
House is in session on such a day).
8. At the time any appropriation bill is reported, all points of order
shall be considered as reserved.
Rule XXII
of petitions, memorials, bills, and resolutions
1. Members having petitions or memorials or bills of a private nature
to present may deliver them to the Clerk, endorsing their names and the
reference or disposition to be made thereof; and said petitions and
memorials and bills of a private nature, except such as, in the judgment
of the Speaker, are of an obscene or insulting character, shall be
entered on the Journal, with the names of the Members presenting them,
and the Clerk shall furnish a transcript of such entry to the official
reporters of debates for publication in the Record.
2. (a) No private bill or resolution (including so-called omnibus
claims or pension bills), and no amendment to any bill or resolution,
authorizing or directing (1) the payment of money for property damages,
for personal injuries or death for which suit may be instituted under
the Tort Claims Procedure as provided in title 28, United States Code,
or for a pension (other than to carry out a provision of law or treaty
stipulation); (2) the construction of a bridge across a navigable
stream; or (3) the correction of a military or naval record, shall be
received or considered in the House.
(b)(1) No bill or resolution, and no amendment to any bill or
resolution, establishing or expressing any commemoration may be
introduced or considered in the House.
(2) For purposes of this paragraph, the term ``commemoration'' means
any remembrance, celebration, or recogni
[[Page 2283]]
tion for any purpose through the designation of a specified period of
time.
3. Any petition or memorial or bill or resolution excluded under this
rule shall be returned to the Member from whom it was received; and
petitions and private bills which have been inappropriately referred
may, by the direction of the committee having possession of the same, be
properly referred in the manner originally presented; and an erroneous
reference of a petition or private bill under this clause shall not
confer jurisdiction upon the committee to consider or report the same.
4. (a) All other bills, memorials, and resolutions may, in like
manner, be delivered, endorsed with the names of Members introducing
them, to the Speaker, to be by him referred, and the titles and
references thereof and of all bills, resolutions, and documents referred
under the rules shall be entered on the Journal and printed in the
Record of the next day, and correction in case of error of reference may
be made by the House, without debate, in accordance with rule X, on any
day immediately after the reading of the Journal, by unanimous consent,
or on motion of a committee claiming jurisdiction, or on the report of
the committee to which the bill has been erroneously referred. Two or
more Members may introduce jointly any bill, or resolution to which this
paragraph applies.
(b)(1) The name of any Member shall be added as a sponsor of any bill
or resolution to which paragraph (a) applies, and shall appear as a
sponsor in the next printing of that bill or resolution: Provided, That
a request signed by such Member is submitted by the first sponsor to the
Speaker (in the same manner as provided in paragraph (a)) no later than
the day on which the last committee authorized to consider and report
such bill or resolution reports it to the House.
(2) The name of any Member listed as a sponsor of any such bill or
resolution may be deleted by unanimous consent, but only at the request
of such Member, and such deletion shall be indicated in the next
printing of the bill or resolution (together with the date on which such
name was deleted). Such consent may be granted no later than the day on
which the last committee authorized to consider and report such bill or
resolution reports it to the House: Provided, however, That the Speaker
shall not entertain a request to delete the name of the first sponsor of
any bill or resolution.
(3) The addition of the name of any Member, or the deletion of any
name by unanimous consent, of a sponsor of any such bill or resolution
shall be entered on the Journal and printed in the Record of that day.
(4) Any such bill or resolution shall be reprinted (A) if the Member
whose name is listed as the first sponsor submits to the Speaker a
written request that it be reprinted, and (B) if twenty or more Members
have been added as sponsors of that bill or resolution since it was last
printed.
5. All resolutions of inquiry addressed to the heads of executive
departments shall be reported to the House within fourteen legislative
days after presentation.
6. When a bill, resolution, or memorial is introduced ``by request'',
these words shall be entered upon the Journal and printed in the Record.
Rule XXIII
of committees of the whole house
1. (a) In all cases, in forming a Committee of the Whole House, the
Speaker shall leave his chair after appointing a Member as Chairman to
preside, who shall, in case of disturbance or disorderly conduct in the
galleries or lobby, have power to cause the same to be cleared.
(b) After the House has adopted a special order of business resolution
reported by the Committee on Rules providing for the consideration of a
measure in the Committee of the Whole House on the state of the Union,
the Speaker may at any time within his discretion, when no question is
pending before the House, declare the House resolved into the Committee
of the Whole House on the state of the Union for the consideration of
that measure without intervening motion, unless the resolution in
question provides otherwise.
2. (a) A quorum of a Committee of the Whole shall consist of one
hundred Members. The first time that a Committee of the Whole finds
itself without a quorum during any day, the Chairman shall invoke the
procedure for the call of the roll under clause 5 of rule XV, unless, in
his discretion, he orders a call of the Committee to be taken by the
procedure set forth in clause 1 or clause 2(b) of rule XV: Provided,
That the Chairman may in his discretion refuse to entertain a point of
order that a quorum is not present during general debate only. If on
such call, a quorum shall appear, the Committee shall continue its
business; but if a quorum does not appear, the Committee shall rise and
the Chairman shall report the names of the absentees to the House. After
the roll has been once called to establish a quorum during such day, the
Chairman may not entertain a point of order that a quorum is not present
unless the Committee is operating under the five-minute rule and the
Chairman has put the pending motion or proposition to a vote; and if the
Chairman sustains a point of order that a quorum is not present after
putting the question on such a motion or proposition, he may announce
that following a regular quorum call conducted pursuant to the previous
provisions of this clause, he will reduce to not less than five minutes
the period of time within which a recorded vote on the pending question
may be taken if such a vote is ordered. If, at any time during the
conduct of any quorum call in a Committee of the Whole, the Chairman
determines that a quorum is present, he may, in his discretion and
subject to his prior announcement, declare that a quorum is constituted.
Proceedings under the call shall then be considered as vacated, and the
Committee shall not rise but shall continue its sitting and resume its
business.
(b) In the Committee of the Whole, the Chair shall order a recorded
vote on request supported by at least twenty-five Members.
(c) In the Committee of the Whole, the Chairman may, in his
discretion, reduce to not less than five minutes the period of time
within which a rollcall vote by electronic device may be taken without
any intervening business or debate on any or all pending amendments
after the vote has been taken on the first pending amendment.
3. All motions or propositions involving a tax or charge upon the
people, all proceedings touching appropriations of money, or bills
making appropriations of money or property, or requiring such
appropriation to be made, or authorizing payments out of appropriations
already made, or releasing any liability to the United States for money
or property, or referring any claim to the Court of Claims, shall be
first considered in a Committee of the Whole, and a point of order under
this rule shall be good at any time before the consideration of a bill
has commenced.
4. In Committees of the Whole House business on their calendars may be
taken up in regular order, or in such order as the committee may
determine, unless the bill to be considered was determined by the House
at the time of going into committee, but bills for raising revenue,
general appropriation bills, and bills for the improvement of rivers and
harbors shall have precedence.
5. (a) When general debate is closed by order of the House, any Member
shall be allowed five minutes to explain any amendment he may offer,
after which the Member who shall first obtain the floor shall be allowed
to speak five minutes in opposition to it, and there shall be no further
debate thereon, but the same privilege of debate shall be allowed in
favor of and against any amendment that may be offered to an amendment;
and neither an amendment nor an amendment to an amendment shall be
withdrawn by the mover thereof unless by the unanimous consent of the
committee. Upon the offering of any amendment by a Member, when the
House is meeting in the Committee of the Whole, the Clerk shall promptly
transmit to the majority committee table five copies of the amendment
and five copies to the minority committee table. Further, the Clerk
shall deliver at least one copy of the amendment to the majority cloak
room and at least one copy to the minority cloak room.
(b) It shall be in order to move in the Committee of the Whole to
dispense
[[Page 2284]]
with the reading of an amendment if the amendment has been printed in
the bill as reported from a committee, or if any Member shall have
caused the amendment to be printed in the Congressional Record, and to
be submitted to the Clerk, or to any responsible staff member designated
by the Chairman, of the reporting committee or committees, at least one
day prior to floor consideration, and said motion shall be decided
without debate.
(c)(1) In the Committee of the Whole, an amendment proposing only to
strike an unfunded mandate from the portion of the bill then open to
amendment, if otherwise in order, may be precluded from consideration
only by specific terms of a special order of the House.
(2) In this paragraph, ``unfunded mandate'' means a Federal
intergovernmental mandate the direct costs of which exceed the threshold
otherwise specified for a reported bill or joint resolution in section
424(a)(1) of the Congressional Budget Act of 1974.
6. The committee may, by the vote of a majority of the members
present, at any time after the five minutes' debate has begun upon
proposed amendments to any section or paragraph of a bill, close all
debate upon such section or paragraph or, at its election, upon the
pending amendments only (which motion shall be decided without debate);
but this shall not preclude further amendment, to be decided without
debate. However, if debate is closed on any section or paragraph under
this clause before there has been debate on any amendment which any
Member shall have caused to be printed in the Congressional Record at
least one day prior to floor consideration of such amendment, the Member
who caused such amendment to be printed in the Record shall be given
five minutes in which to explain such amendment, after which the first
person to obtain the floor shall be given five minutes in opposition to
it, and there shall be no further debate thereon; but such time for
debate shall not be allowed when the offering of such amendment is
dilatory. Material placed in the Record pursuant to this provision shall
indicate the full text of the proposed amendment, the name of the
proponent Member, the number of the bill to which it will be offered and
the point in the bill or amendment thereto where the amendment is
intended to be offered, and shall appear in a portion of the Record
designated for that purpose. All amendments to a specified measure
submitted for printing in that portion of the Record shall be given
numerical designations in the order printed.
7. A motion to strike out the enacting words of a bill shall have
precedence of a motion to amend, and, if carried, shall be considered
equivalent to its rejection. Whenever a bill is reported from a
Committee of the Whole with an adverse recommendation and such
recommendation is disagreed to by the House, the bill shall stand
recommitted to the said committee without further action by the House,
but before the question of concurrence is submitted it is in order to
entertain a motion to refer the bill to any committee, with or without
instructions, and when the same is again reported to the House it shall
be referred to the Committee of the Whole without debate.
8. At the conclusion of general debate in a Committee of the Whole on
any concurrent resolution on the budget pursuant to section 305(a) of
the Congressional Budget Act of l974, the concurrent resolution shall be
considered as having been read for amendment. It shall not be in order
in the House or in a Committee of the Whole to consider an amendment to
a concurrent resolution on the budget, or any amendment to an amendment
thereto, unless the concurrent resolution as amended by such amendment
or amendments: (a) would be mathematically consistent (except to the
extent that the amendment involved is limited by the third sentence of
this clause); and (b) would contain all the matter set forth in
paragraphs (1) through (5) of section 301(a) of the Congressional Budget
Act of 1974. It shall not be in order in the House or in a Committee of
the Whole to consider an amendment to a concurrent resolution on the
budget, or any amendment to an amendment thereto, which changes the
amount of the appropriate level of the public debt set forth in the
concurrent resolution as reported; except that the amendments to achieve
mathematical consistency which are permitted under section 305(a)(6) of
the Congressional Budget Act of 1974 may include an amendment, offered
by or at the direction of the Committee on the Budget, to adjust the
amount of such level to reflect any changes made in the other figures
contained in the resolution.
9. The rules of proceeding in the House shall be observed in
Committees of the Whole House so far as they may be applicable.
Rule XXIV
order of business
1. The daily order of business shall be as follows:
First. Prayer by the Chaplain.
Second. Reading and approval of the Journal, unless postponed pursuant
to the provisions of clause 5(b)(1) of rule I.
Third. The Pledge of Allegiance to the Flag.
Fourth. Correction of reference of public bills.
Fifth. Disposal of business on the Speaker's table.
Sixth. Unfinished business.
Seventh. The morning hour for the consideration of bills called up by
committees.
Eighth. Motions to go into Committee of the Whole House on the state
of the Union.
Ninth. Orders of the day.
2. Business on the Speaker's table shall be disposed of as follows:
Messages from the President shall be referred to the appropriate
committees without debate. Reports and communications from heads of
departments, and other communications addressed to the House, and bills,
resolutions, and messages from the Senate may be referred to the
appropriate committees in the same manner and with the same right of
correction as public bills presented by Members; but House bills with
Senate amendments which do not require consideration in a Committee of
the Whole may be at once disposed of as the House may determine, as may
also Senate bills substantially the same as House bills already
favorably reported by a committee of the House, and not required to be
considered in Committee of the Whole, be disposed of in the same manner
on motion directed to be made by such committee.
3. The consideration of the unfinished business in which the House may
be engaged at an adjournment, except business in the morning hour, shall
be resumed as soon as the business on the Speaker's table is finished,
and at the same time each day thereafter until disposed of, and the
consideration of all other unfinished business shall be resumed whenever
the class of business to which it belongs shall be in order under the
rules.
4. After the unfinished business has been disposed of, the Speaker
shall call each standing committee in regular order, and then select
committees, and each committee when named may call up for consideration
any bill reported by it on a previous day and on the House Calendar, and
if the Speaker shall not complete the call of the committees before the
House passes to other business, he shall resume the next call where he
left off, giving preference to the last bill under consideration:
Provided, That whenever any committee shall have occupied the morning
hour on two days, it shall not be in order to call up any other bill
until the other committees have been called in their turn.
5. After one hour shall have been devoted to the consideration of
bills called up by committees, it shall be in order, pending
consideration or discussion thereof, to entertain a motion to go into
Committee of the Whole House on the state of the Union, or, when
authorized by a committee, to go into the Committee of the Whole House
on the state of the Union to consider a particular bill, to which motion
one amendment only, designating another bill, may be made; and if either
motion be determined in the negative, it shall not be in order to make
either motion again until the disposal of the matter under consideration
or discussion.
6. On the first Tuesday of each month after disposal of such business
on the Speaker's table as requires reference only, the Speaker shall
direct the Clerk to call the bills and resolutions on the Private
Calendar. Should objection be made by two or more Members to the
consideration of any bill or reso
[[Page 2285]]
lution so called, it shall be recommitted to the committee which
reported the bill or resolution, and no reservation of objection shall
be entertained by the Speaker. Such bills and resolutions, if
considered, shall be considered in the House as in the Committee of the
Whole. No other business shall be in order on this day unless the House,
by two-thirds vote on motion to dispense therewith, shall otherwise
determine. On such motion debate shall be limited to five minutes for
and five minutes against said motion.
On the third Tuesday of each month after the disposal of such business
on the Speaker's table as requires reference only, the Speaker may
direct the Clerk to call the bills and resolutions on the Private
Calendar, preference to be given to omnibus bills containing bills or
resolutions which have previously been objected to on a call of the
Private Calendar. All bills and resolutions on the Private Calendar so
called, if considered, shall be considered in the House as in the
Committee of the Whole. Should objection be made by two or more Members
to the consideration of any bill or resolution other than an omnibus
bill, it shall be recommitted to the committee which reported the bill
or resolution and no reservation of objection shall be entertained by
the Speaker.
Omnibus bills shall be read for amendment by paragraph, and no
amendment shall be in order except to strike out or to reduce amounts of
money stated or to provide limitations. Any item or matter stricken from
an omnibus bill shall not thereafter during the same session of Congress
be included in any omnibus bill.
Upon passage of any such omnibus bill, said bill shall be resolved
into the several bills and resolutions of which it is composed, and such
original bills and resolutions, with any amendments adopted by the
House, shall be engrossed, where necessary, and proceedings thereon had
as if said bills and resolutions had been passed in the House severally.
In the consideration of any omnibus bill the proceedings as set forth
above shall have the same force and effect as if each Senate and House
bill or resolution therein contained or referred to were considered by
the House as a separate and distinct bill or resolution.
7. On Wednesday of each week no business shall be in order except as
provided by clause 4 of this rule unless the House by a two-thirds vote
on motion to dispense therewith shall otherwise determine. On such a
motion there may be debate not to exceed five minutes for and against.
On a call of committees under this rule bills may be called up from
either the House or the Union Calendar, excepting bills which are
privileged under the rules; but bills called up from the Union Calendar
shall be considered in the Committee of the Whole House on the state of
the Union. This rule shall not apply during the last 2 weeks of the
session. It shall not be in order for the Speaker to entertain a motion
for a recess on any Wednesday except during the last 2 weeks of the
session: Provided, That not more that 2 hours of general debate shall be
permitted on any measure called up on Calendar Wednesday, and all debate
must be confined to the subject matter of the bill, the time to be
equally divided between those for and against the bill: Provided
further, That whenever any committee shall have occupied one Wednesday
it shall not be in order, unless the House by a two-thirds vote shall
otherwise determine, to consider any unfinished business previously
called up by such committee, unless the previous question had been
ordered thereon, upon any succeeding Wednesday until the other
committees have been called in their turn under this rule: Provided,
That when, during any one session of a Congress, all of the committees
of the House are not called under the Calendar Wednesday rule, at the
next session of that Congress, the call shall commence where it left off
at the end of the preceding session.
8. The second and fourth Mondays in each month, after the disposition
of motions to discharge committees and after the disposal of such
business on the Speaker's table as requires reference only, shall, when
claimed by the Committee on Government Reform and Oversight, be set
apart for the consideration of such business relating to the District of
Columbia as may be presented by said committee.
Rule XXV
priority of business
All questions relating to the priority of business shall be decided by
a majority without debate.
Rule XXVI
unfinished business of the session
All business before committees of the House at the end of one session
shall be resumed at the commencement of the next session of the same
Congress in the same manner as if no adjournment had taken place.
Rule XXVII
change or suspension of rules
1. No rule shall be suspended except by a vote of two-thirds of the
Members voting, a quorum being present; nor shall the Speaker entertain
a motion to suspend the rules except on Mondays and Tuesdays, and during
the last six days of a session.
2. When a motion to suspend the rules has been submitted to the House,
it shall be in order, before the final vote is taken thereon, to debate
the proposition to be voted upon for forty minutes, one-half of such
time to be given to debate in favor of, and one-half to debate in
opposition to, such proposition; and the same right of debate shall be
allowed whenever the previous question has been ordered on any
proposition on which there has been no debate.
3. A Member may present to the Clerk a motion in writing to discharge
a committee from the consideration of a public bill or resolution which
has been referred to it thirty days prior thereto (but only one motion
may be presented for each bill or resolution). Under this rule it shall
also be in order for a Member to file a motion to discharge the
Committee on Rules from further consideration of any resolution
providing a special rule for the consideration of a public bill or
resolution reported by a standing committee, or a special rule for the
consideration of a public bill or resolution which has remained in a
standing committee thirty or more days without action: Provided, That a
Member may not file a motion to discharge the Committee on Rules from
consideration of a resolution providing for the consideration of more
than one public bill or resolution, or admitting or effecting a
nongermane amendment to a public bill or resolution: Provided further,
That said resolution from which it is moved to discharge the Committee
on Rules has been referred to that committee at least seven days prior
to the filing of the motion to discharge. The motion shall be placed in
the custody of the Clerk, who shall arrange some convenient place for
the signature of Members. A signature may be withdrawn by a Member in
writing at any time before the motion is entered on the Journal. Once a
motion to discharge has been filed, the Clerk shall make the signatures
a matter of public record. The Clerk shall cause the names of the
Members who have signed a discharge motion during any week to be
published in a portion of the Congressional Record designated for that
purpose on the last legislative day of that week. The Clerk shall make
available each day for public inspection in an appropriate office of the
House cumulative lists of such names. The Clerk shall devise a means by
which to make such lists available to offices of the House and to the
public in electronic form. When a majority of the total membership of
the House shall have signed the motion, it shall be entered on the
Journal, printed with the signatures thereto in the Congressional
Record, and referred to the Calendar of Motions to Discharge Committees.
On the second and fourth Mondays of each month, except during the last
six days of any session of Congress, immediately after the approval of
the Journal, any Member who has signed a motion to discharge which has
been on the calendar at least seven days prior thereto, and seeks
recognition, shall be recognized for the purpose of calling up the
motion, and the House shall proceed to its consideration in the manner
herein provided without intervening motion except one motion to adjourn.
Recognition for the motions shall be in the order in which they have
been entered on the Journal.
When any motion under this rule shall be called up, the bill or
resolution
[[Page 2286]]
shall be read by title only. After twenty minutes' debate, one-half in
favor of the proposition and one-half in opposition thereto, the House
shall proceed to vote on the motion to discharge. If the motion prevails
to discharge the Committee on Rules from any resolution pending before
the committee, the House shall immediately consider such resolution, the
Speaker not entertaining any dilatory motion except one motion to
adjourn, and, if such resolution is adopted, the House shall immediately
proceed to its execution. If the motion prevails to discharge one of the
standing committees of the House from any public bill or resolution
pending before the committee, it shall then be in order for any Member
who signed the motion to move that the House proceed to the immediate
consideration of such bill or resolution (such motion not being
debatable), and such motion is hereby made of high privilege; and if it
shall be decided in the affirmative, the bill shall be immediately
considered under the general rules of the House, and if unfinished
before adjournment of the day on which it is called up it shall remain
the unfinished business until it is fully disposed of. Should the House
by vote decide against the immediate consideration of such bill or
resolution, it shall be referred to its proper calendar and be entitled
to the same rights and privileges that it would have had had the
committee to which it was referred duly reported same to the House for
its consideration: Provided, That when any perfected motion to discharge
a committee from the consideration of any public bill or resolution has
once been acted upon by the House it shall not be in order to entertain
during the same session of Congress any other motion for the discharge
from that committee of said measure, or from any other committee of any
other bill or resolution substantially the same, relating in substance
to or dealing with the same subject matter, or from the Committee on
Rules of a resolution providing a special order of business for the
consideration of any other such bill or resolution, in order that such
action by the House on a motion to discharge shall be res adjudicata for
the remainder of that session: Provided further, That if before any one
motion to discharge a committee has been acted upon by the House there
are on the Calendar of Motions to Discharge Committees other motions to
discharge committees from the consideration of bills or resolutions
substantially the same, relating in substance to or dealing with the
same subject matter, after the House shall have acted on one motion to
discharge, the remaining said motions shall be stricken from the
Calendar of Motions to Discharge Committees and not acted on during the
remainder of that session of Congress.
Rule XXVIII
conference reports
1. (a) The presentation of reports of committees of conference shall
always be in order, except when the Journal is being read, while the
roll is being called, or the House is dividing on any proposition.
(b) The time allotted for debate on any motion to instruct House
conferees shall be equally divided between the majority and minority
parties, except that if the proponent of the motion and the Member from
the other party are both supporters of the motion, one-third of such
debate time shall be allotted to a Member who is opposed to said motion.
(c) After House conferees on any bill or resolution in conference
between the House and Senate shall have been appointed for twenty
calendar days and shall have failed to make a report, it is hereby
declared to be a motion of the highest privilege to move to discharge
said House conferees and to appoint new conferees, or to instruct said
House conferees (but in either case only at a time or place designated
by the Speaker in the legislative schedule of the day after the calendar
day on which the Member offering the motion announces to the House his
intention to do so and the form of the motion); and, further, during the
last six days of any session of Congress, it shall be a privileged
motion to move to discharge, appoint, or instruct, House conferees after
House conferees shall have been appointed thirty-six hours without
having made a report.
(d) Each report made by a committee of conference to the House shall
be printed as a report of the House. As so printed, such report shall be
accompanied by an explanatory statement prepared jointly by the
conferees on the part of the House and the conferees on the part of the
Senate. Such statement shall be sufficiently detailed and explicit to
inform the House as to the effect which the amendments or propositions
contained in such report will have upon the measure to which those
amendments or propositions relate.
2. (a) It shall not be in order to consider the report of a committee
of conference until the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session on such a
day) after such report and the accompanying statement shall have been
filed in the House, and such consideration then shall be in order only
if such report and accompanying statement shall have been printed in the
daily edition of the Congressional Record for the day on which such
report and statement shall have been filed; but the preceding provisions
of this sentence do not apply during the last six days of the session.
Nor shall it be in order to consider any conference report unless copies
of the report and accompanying statement have been available to Members
for at least two hours before the beginning of such consideration:
Provided, however, That it shall always be in order to call up for
consideration, notwithstanding the provisions of clause 4(b) of rule XI,
a report from the Committee on Rules only making in order the
consideration of a conference report notwithstanding this restriction.
The time allotted for debate in the consideration of any such report
shall be equally divided between the majority party and the minority
party, except that if the floor manager for the majority and the floor
manager for the minority are both supporters of the conference report,
one third of such debate time shall be allotted to a Member who is
opposed to said conference report.
(b)(1) It shall not be in order to consider any amendment (including
an amendment in the nature of a substitute) proposed by the Senate to
any measure reported in disagreement between the two Houses by a report
of a committee of conference that the committee has been unable to
agree, until the third calendar day (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a day) after
such report and accompanying statement shall have been filed in the
House, and such consideration then shall be in order only if such report
and accompanying statement shall have been printed in the daily edition
of the Congressional Record for the day on which such report and
statement shall have been filed; but the preceding provisions of this
sentence do not apply during the last six days of the session. Nor shall
it be in order to consider any such amendment unless copies of the
report and accompanying statement, together with the text of such
amendment, have been available to Members for at least two hours before
the beginning of such consideration: Provided, however, That it shall
always be in order to call up for consideration, notwithstanding the
provisions of clause 4(b) of rule XI, a report from the Committee on
Rules only making in order the consideration of such an amendment
notwithstanding this restriction. The time allotted for debate on any
such amendment shall be equally divided between the majority party and
the minority party, except that if the floor manager for the majority
and the floor manager for the minority are both supporters of the
original motion offered by the floor manager for the majority to dispose
of the amendment, one third of such debate time shall be allotted to a
Member who is opposed to said motion.
(2) During consideration of such an amendment to a general
appropriation bill, if the original motion offered by the floor manager
proposes to change existing law, then pending such original motion and
before debate thereon one motion to insist on disagreement to the
amendment proposed by the Senate shall be preferential to any other
motion to dispose of that amendment if offered by the chairman of a
committee having jurisdiction of the
[[Page 2287]]
subject matter of the amendment or by a designee. Such a preferential
motion shall be separately debatable for one hour equally divided
between its proponent and the proponent of the original motion. The
previous question shall be considered as ordered on such a preferential
motion to its adoption without intervening motion.
(c) Any conference report and Senate amendment in disagreement which
has been available as provided in paragraphs (a) and (b) of this clause
shall be considered as having been read when called up for
consideration.
3. Whenever a disagreement to an amendment in the nature of a
substitute has been committed to a conference committee it shall be in
order for the Managers on the part of the House to propose a substitute
which is a germane modification of the matter in disagreement, but the
introduction of any language in that substitute presenting a specific
additional topic, question, issue, or proposition not committed to the
conference committee by either House shall not constitute a germane
modification of the matter in disgreement. Moreover, their report shall
not include matter not committed to the conference committee by either
House, nor shall their report include a modification of any specific
topic, question, issue, or proposition committed to the conference
committee by either or both Houses if that modification is beyond the
scope of that specific topic, question, issue, or proposition as so
committed to the conference committee.
4. (a) With respect to any report of a committee of conference called
up before the House containing any matter which would be in violation of
the provisions of clause 7 of rule XVI if such matter had been offered
as an amendment in the House, and which--
(1) is contained in any Senate amendment to that measure (including
a Senate amendment in the nature of substitute for the text of that
measure as passed by the House) accepted by the House conferees or
agreed to by the conference committee with modification; or
(2) is contained in any substitute agreed to by the conference
committee;
it shall be in order, at any time after the reading of the report has
been completed or dispensed with and before the reading of the
statement, or immediately upon consideration of a conference report if
clause 2(c) of this rule applies, to make a point of order that such
nongermane matter, as described above, which shall be specified in the
point of order, is contained in the report. For the purposes of this
clause, matter which--
(A) is contained in any substitute agreed to by the conference
committee;
(B) is not proposed by the House to be included in the measure
concerned as passed by the House; and
(C) would be in violation of clause 7 of rule XVI if such matter had
been offered in the House as an amendment to the provisions of that
measure as so proposed in the form passed by the House;
shall be considered in violation of such clause 7.
(b) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(c) Notwithstanding the final disposition of any point of order made
under paragraph (a), or of any motion to reject made pursuant to a point
of order under paragraph (b), of this clause, it shall be in order to
make further points of order on the ground stated in such paragraph (a),
and motions to reject pursuant thereto under such paragraph (b), with
respect to other nongermane matter in the report of the committee of
conference not covered by any previous point of order which has been
sustained.
(d) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this clause, the conference report shall be
considered as rejected and the question then pending before the House
shall be--
(1) whether to recede and concur in the Senate amendment with an
amendment which shall consist of that portion of the conference report
not rejected; or
(2) if the last sentence of paragraph (a) of this clause applies,
whether to insist further on the House amendment.
If all such motions to reject are defeated, then, after the allocation
of time for debate on the conference report as provided in clause 2(a)
of this rule, it shall be in order to move the previous question on the
adoption of the conference report.
5. (a)(1) With respect to any amendment (including an amendment in the
nature of a substitute) which--
(A) is proposed by the Senate to any measure and thereafter--
(i) is reported in disagreement between the two Houses by a
committee of conference; or
(ii) is before the House, the stage of disagreement having been
reached; and
(B) contains any matter which would be in violation of the
provisions of clause 7 of rule XVI if such matter had been offered as
an amendment in the House;
it shall be in order, immediately after a motion is offered that the
House recede from its disagreement to such amendment proposed by the
Senate and concur therein and before debate is commenced on such motion,
to make a point of order that such nongermane matter, as described
above, which shall be specified in the point of order, is contained in
such amendment proposed by the Senate.
(2) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(3) Notwithstanding the final disposition of any point of order made
under subparagraph (1), or of any motion to reject made pursuant to a
point of order under subparagraph (2), of this paragraph, it shall be in
order to make further points of order on the ground stated in such
subparagraph (1), and motions to reject pursuant thereto under such
subparagraph (2), with respect to other nongermane matter in the
amendment proposed by the Senate not covered by any previous point of
order which has been sustained.
(4) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this clause, the motion to recede and concur
shall be considered as rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur as provided in clause 2(b)
of this rule, it shall be in order to move the previous question on such
motion.
(b)(1) With respect to any such amendment proposed by the Senate as
described in paragraph (a) of this clause, it shall not be in order to
offer any motion that the House recede from its disagreement to such
Senate amendment and concur therein with an amendment, unless copies of
the language of the Senate amendment, as proposed to be amended by such
motion, are then available on the floor when such motion is offered and
is under consideration.
(2) Immediately after any such motion is offered and is in order and
before debate is commenced on such motion, it shall be in order to make
a
[[Page 2288]]
point of order that nongermane matter, as described in subparagraph (1)
of paragraph (a) of this clause, which shall be specified in the point
of order, is contained in the language of the Senate amendment, as
proposed to be amended by such motion, copies of which are then
available on the floor.
(3) If such point of order is sustained, it then shall be in order for
the Chair to entertain a motion, which is of high privilege, that the
House reject the nongermane matter covered by the point of order. It
shall be in order to debate such motion for forty minutes, one-half of
such time to be given to debate in favor of, and one-half in opposition
to, the motion.
(4) Notwithstanding the final disposition of any point of order under
subparagraph (2), or of any motion to reject made pursuant to a point of
order under subparagraph (3), of this paragraph, it shall be in order to
make further points of order on the ground stated in subparagraph (1) of
paragraph (a) of this clause, and motions to reject pursuant thereto
under subparagraph (3) of this paragraph, with respect to other
nongermane matter in the language of the Senate amendment, as proposed
to be amended by the motion described in subparagraph (1) of this
paragraph, not covered by any previous point of order which has been
sustained.
(5) If any such motion to reject has been adopted, after final
disposition of all points of order and motions to reject under the
preceding provisions of this paragraph, the motion to recede and concur
in the Senate amendment with an amendment shall be considered as
rejected, and further motions--
(A) to recede and concur in the Senate amendment with an amendment,
where appropriate (but the offering of which is not in order unless
copies of the language of the Senate amendment, as proposed to be
amended by such motion, are then available on the floor when such
motion is offered and is under consideration);
(B) to insist upon disagreement to the Senate amendment and request
a further conference with the Senate; and
(C) to insist upon disagreement to the Senate amendment;
shall remain of high privilege for consideration by the House. If all
such motions to reject are defeated, then, after the allocation of time
for debate on the motion to recede and concur in the Senate amendment
with an amendment as provided in clause 2(b) of this rule, it shall be
in order to move the previous question on such motion.
(c) If, on a division of a motion that the House recede and concur,
with or without amendment, from its disagreement to any such Senate
amendment as described in paragraph (a)(1) of this clause, the House
agrees to recede, then, before debate is commenced on concurring in such
Senate amendment, or on concurring therein with an amendment it shall be
in order to make and dispose of points of order and motions to reject
with respect to such Senate amendment in accordance with applicable
provisions of this clause and to effect final determination of these
matters in accordance with such provisions.
6. (a) Each conference committee meeting between the House and Senate
shall be open to the public except when the House, in open session, has
determined by a rollcall vote of a majority of those Members voting that
all or part of the meeting shall be closed to the public.
(b)(1) After the reading of the report and before the reading of the
joint statement, or immediately upon consideration of a conference
report if clause 2(c) of this rule applies, a point of order may be made
that the committee of conference making the report to the House has
failed to comply with paragraph (a) of this clause.
(2) If such point of order is sustained, the conference report shall
be considered as rejected, the House shall be considered to have
insisted upon its amendment(s) or upon disagreement to the amendment(s)
of the Senate, as the case may be, and to have requested a further
conference with the Senate, and the Speaker shall be authorized to
appoint new conferees without intervening motion.
Rule XXIX
secret session
Whenever confidential communications are received from the President
of the United States, or whenever the Speaker or any Member shall inform
the House that he has communications which he believes ought to be kept
secret for the present, the House shall be cleared of all persons except
the Members and officers thereof, and so continue during the reading of
such communications, the debates and proceedings thereon, unless
otherwise ordered by the House.
Rule XXX
use of exhibits
When the use of any exhibit in debate is objected to by any Member, it
shall be determined without debate by a vote of the House.
Rule XXXI
hall of the house
The Hall of the House shall be used only for the legislative business
of the House and for the caucus meetings of its Members, except upon
occasions where the House by resolution agrees to take part in any
ceremonies to be observed therein; and the Speaker shall not entertain a
motion for the suspension of this rule.
Rule XXXII
of admission to the floor
1. The persons hereinafter named, and none other, shall be admitted to
the Hall of the House or rooms leading thereto, viz: The President and
Vice President of the United States and their private secretaries,
judges of the Supreme Court, Members of Congress and Members-elect,
contestants in election cases during the pendency of their cases in the
House, the Secretary and Sergeant-at-Arms of the Senate, heads of
departments, foreign ministers, governors of States, the Architect of
the Capitol, the Librarian of Congress and his assistant in charge of
the Law Library, the Resident Commissioner to the United States from
Puerto Rico, each Delegate to the House, such persons as have, by name,
received the thanks of Congress, the Parliamentarian, elected officers
and elected minority employees of the House (other than Members); and
ex-Members of the House of Representatives, former Parliamentarians of
the House, and former elected officers and elected minority employees of
the House, subject to the provisions of clause 3 of this rule; and
clerks of committees when business from their committee is under
consideration and not more than one person from a Member's staff when
that Member has an amendment under consideration, subject to the
provisions of clause 4 of this rule; and one attorney to accompany any
Member who is the respondent in an investigation undertaken by the
Committee on Standards of Official Conduct when the recommendation of
such committee is under consideration; and it shall not be in order for
the Speaker to entertain a request for the suspension of this rule or to
present from the chair the request of any Member for unanimous consent.
2. There shall be excluded at all times from the Hall of the House of
Representatives and the cloakrooms all persons not entitled to the
privilege of the floor during the session, except that until fifteen
minutes of the hour of the meeting of the House persons employed in its
service, accredited members of the press entitled to admission to the
press gallery, and other persons on request of Members, by card or in
writing may be admitted.
3. Ex-Members of the House of Representatives, former Parliamentarians
of the House, and former elected officers and former elected minority
employees of the House, shall be entitled to the privilege of admission
to the Hall of the House and rooms leading thereto only if they do not
have any direct personal or pecuniary interest in any legislative
measure pending before the House or reported by any committee of the
House and only if they are not in the employ of, or do not represent,
any party or organization for the purpose of influencing, directly or
indirectly, the passage, defeat or amendment of any legislative measure
pending before the House, reported by any committee of the House or
under consideration in any of its committees or subcommittees. The
Speaker shall promulgate such regulations as may be necessary to
implement the provisions
[[Page 2289]]
of this rule and to ensure its enforcement.
4. Persons from Member's staffs admitted to the Hall of the House or
rooms leading thereto under clause 1 shall be admitted only upon prior
notification to the Speaker. No such person or clerk of a committee so
admitted under clause 1 shall engage in efforts in the Hall of the House
or rooms leading thereto to influence Members with regard to the
legislation being amended. Such persons and clerks shall remain at the
desk and are admitted only to advise the Member or committee responsible
for their admission. Any such person or clerk who violates this clause
may be excluded during the session from the Hall of the House and rooms
leading thereto by the Speaker.
5. No Member, officer, or employee of the House of Representatives, or
any other person entitled to admission to the Hall of the House or rooms
leading thereto by this rule, shall knowingly distribute any political
campaign contribution in the Hall of the House or rooms leading thereto.
Rule XXXIII
of admission to the galleries
The Speaker shall set aside a portion of the west gallery for the use
of the President of the United States, the members of his Cabinet,
justices of the Supreme Court, foreign ministers and suites, and the
members of their respective families, and shall also set aside another
portion of the same gallery for the accommodation of persons to be
admitted on the card of Members. The southerly half of the east gallery
shall be assigned exclusively for the use of the families of Members of
Congress, in which the Speaker shall control one bench, and on request
of a Member the Speaker shall issue a card of admission to his family,
which shall include their visitors, and no other person shall be
admitted to this section.
Rule XXXIV
official and other reporters
1. The appointment and removal, for cause, of the official reporters
of the House, including stenographers of committees, and the manner of
the execution of their duties shall be vested in the Clerk, subject to
the direction and control of the Speaker.
2. Such portion of the gallery over the Speaker's chair as may be
necessary to accommodate representatives of the press wishing to report
debates and proceedings shall be set aside for their use, and reputable
reporters and correspondents shall be admitted thereto under such
regulations as the Speaker may from time to time prescribe; and the
supervision of such gallery, including the designation of its employees,
shall be vested in the standing committee of correspondents, subject to
the direction and control of the Speaker; and the Speaker may assign one
seat on the floor to Associated Press reporters and one to United Press
International, and regulate the occupation of the same. And the Speaker
may admit to the floor, under such regulations as he may prescribe, one
additional representative of each press association.
3. Such portion of the gallery of the House of Representatives as may
be necessary to accommodate reporters of news to be disseminated by
radio, television, and similar means of transmission, wishing to report
debates and proceedings, shall be set aside for their use, and reputable
reporters thus engaged shall be admitted thereto under such regulations
as the Speaker may from time to time prescribe; and the supervision of
such gallery, including the designation of its employees, shall be
vested in the Executive Committee of the Radio and Television
Correspondents' Galleries, subject to the direction and control of the
Speaker; and the Speaker may admit to the floor, under such regulations
as he may prescribe, one representative of the National Broadcasting
Company, one of the Columbia Broadcasting System, one of the Mutual
Broadcasting System, and one of the American Broadcasting Company.
Rule XXXV
pay of witnesses
The rule for paying witnesses to appear before the House or any of its
committees shall be as follows: For each day a witness shall attend, the
same per diem rate as established, authorized, and regulated by the
Committee on House Oversight for Members and employees of the House, and
actual expenses of travel in coming to or going from the place of
examination; but no per diem shall be paid when a witness has been
summoned at the place of examination.
Rule XXXVI
preservation and availability of noncurrent records of the house
1. (a) At the end of each Congress, the chairman of each committee of
the House shall transfer to the Clerk any noncurrent records of such
committee, including the subcommittees thereof.
(b) At the end of each Congress, each officer of the House elected
pursuant to rule II shall transfer to the Clerk any noncurrent records
made or acquired in the course of the duties of such officer.
2. The Clerk shall deliver the records transferred pursuant to clause
1 of the rule, together with any other noncurrent records of the House,
to the Archivist of the United States for preservation at the National
Archives and Records Administration. Records so delivered are the
permanent property of the House and remain subject to this rule and the
orders of the House.
3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule,
and orders of the House, the Clerk shall authorize the Archivist of the
United States to make available for public use the records delivered to
the Archivist under clause 2 of this rule.
(b)(1) Any record that the House or a committee of the House (or a
subcommittee thereof) makes available for public use before such record
is delivered to the Archivist under clause 2 of this rule shall be made
available immediately.
(2) Any investigative record that contains personal data relating to a
specific living individual (the disclosure of which would be an
unwarranted invasion of personal privacy), any administrative record
with respect to personnel, and any record with respect to a hearing
closed pursuant to clause 2(g)(2) of rule XI shall be available if such
record has been in existence for 50 years.
(3) Any record for which a time, schedule, or condition for
availability is specified by order of the House shall be made available
in accordance with that order. Except as otherwise provided by order of
the House, any record of a committee for which a time, schedule, or
condition for availability is specified by order of the committee
(entered during the Congress in which the record is made or acquired by
the committee) shall be made available in accordance with the order of
the committee.
(4) Any record (other than a record referred to in subparagraph (1),
(2), or (3) of this paragraph) shall be made available if such record
has been in existence for 30 years.
4. (a) A record shall not be made available for public use under
clause 3 of this rule if the Clerk determines that such availability
would be detrimental to the public interest or inconsistent with the
rights and privileges of the House. The Clerk shall notify in writing
the chairman and the ranking minority party member of the Committee on
House Oversight of any determination under the preceding sentence.
(b) A determination of the Clerk under paragraph (a) is subject to
later order of the House and, in the case of a record of a committee,
later order of the committee.
5. (a) This rule does not supersede rule XLVIII or rule L and does not
authorize the public disclosure of any record if such disclosure is
prohibited by law or executive order of the President.
(b) The Committee on House Oversight may prescribe guidelines and
regulations governing the applicability and implementation of this rule.
(c) A committee may withdraw from the National Archives and Records
Administration any record of the committee delivered to the Archivist of
the United States under this rule. Such withdrawal shall be on a
temporary basis and for official use of the committee.
6. As used in the rule the term ``record'' means any official,
permanent record of the House, including--
(a) with respect to a committee of the House, an official, permanent
record of the committee (including
[[Page 2290]]
any record of a legislative, oversight, or other activity of such
committee or subcommittee thereof); and
(b) with respect to an officer of the House elected pursuant to rule
II, an official, permanent record made or acquired in the course of
the duties of such officer.
Such term does not include a record of an individual Member of the
House.
Rule XXXVII
withdrawal of papers
No memorial or other paper presented to the House shall be withdrawn
from its files without its leave, and if withdrawn therefrom certified
copies thereof shall be left in the office of the Clerk; but when an act
may pass for the settlement of a claim, the Clerk is authorized to
transmit to the officer in charge with the settlement thereof the papers
on file in his office relating to such claim, or may loan temporarily to
an officer or bureau of the executive departments any papers on file in
his office relating to any matter pending before such officer or bureau,
taking proper receipt therefor.
Rule XXXVIII
ballot
In all cases of ballot a majority of the votes given shall be
necessary to an election, and where there shall not be such a majority
on the first ballot the ballots shall be repeated until a majority be
obtained; and in all balloting blanks shall be rejected and not taken
into the count in enumeration of votes or reported by the tellers.
Rule XXXIX
messages
Messages received from the Senate and the President of the United
States, giving notice of bills passed or approved, shall be entered in
the Journal and published in the Record of that day's proceedings.
Rule XL
executive communications
Estimates of appropriations and all other communications from the
executive departments, intended for the consideration of any committees
of the House, shall be addressed to the Speaker, and by him referred as
provided by clause 2 of rule XXIV.
Rule XLI
qualifications of officers and employees
No person shall be an officer or employee of the House, or continue in
its employment, who shall be an agent for the prosecution of any claim
against the Government or be interested in such claim otherwise than as
an original claimant or than in the proper discharge of official duties.
Rule XLII
general provisions
The rules of parliamentary practice comprised in Jefferson's Manual
and the provisions of the Legislative Reorganization Act of 1946, as
amended, shall govern the House in all cases to which they are
applicable, and in which they are not inconsistent with the standing
rules and orders of the House and joint rules of the Senate and House of
Representatives.
Rule XLIII
code of official conduct
There is hereby established by and for the House of Representatives
the following code of conduct, to be known as the ``Code of Official
Conduct'':
1. A Member, officer, or employee of the House of Representatives
shall conduct himself at all times in a manner which shall reflect
creditably on the House of Representatives.
2. A Member, officer, or employee of the House of Representatives
shall adhere to the spirit and the letter of the Rules of the House of
Representatives and to the rules of duly constituted committees thereof.
3. A Member, officer, or employee of the House of Representatives
shall receive no compensation nor shall he permit any compensation to
accrue to his beneficial interest from any source, the receipt of which
would occur by virtue of influence improperly exerted from his position
in the Congress.
4. A Member, officer, or employee of the House of Representatives
shall not accept gifts except as provided by the provisions of rule LI
(Gift Rule).
5. A Member, officer, or employee of the House of Representatives
shall accept no honorarium for a speech, writing for publication, or
other similar activity.
6. A Member of the House of Representatives shall keep his campaign
funds separate from his personal funds. A Member shall convert no
campaign funds to personal use in excess of reimbursement for legitimate
and verifiable campaign expenditures and shall expend no funds from his
campaign account not attributable to bona fide campaign or political
purposes.
7. A Member of the House of Representatives shall treat as campaign
contributions all proceeds from testimonial dinners or other fund
raising events.
8. A Member or officer of the House of Representatives shall retain no
one under his payroll authority who does not perform official duties
commensurate with the compensation received in the offices of the
employing authority. In the case of committee employees who work under
the direct supervision of a Member other than a chairman, the chairman
may require that such Member affirm in writing that the employees have
complied with the preceding sentence (subject to clause 6 of rule XI) as
evidence of the chairman's compliance with this clause and with clause 6
of rule XI.
9. A Member, officer, or employee of the House of Representatives
shall not discharge or refuse to hire any individual, or otherwise
discriminate against any individual with respect to compensation, terms,
conditions, or privileges of employment, because of such individual's
race, color, religion, sex (including marital or parental status),
handicap, age, or national origin, but may take into consideration the
domicile or political affiliation of such individual.
10. A Member of the House of Representatives who has been convicted by
a court of record for the commission of a crime for which a sentence of
two or more years' imprisonment may be imposed should refrain from
participation in the business of each committee of which he is a member
and should refrain from voting on any question at a meeting of the
House, or of the Committee of the Whole House, unless or until judicial
or executive proceedings result in reinstatement of the presumption of
his innocence or until he is reelected to the House after the date of
such conviction.
11. A Member of the House of Representatives shall not authorize or
otherwise allow a non-House individual, group, or organization to use
the words ``Congress of the United States'', ``House of
Representatives'', or ``Official Business'', or any combination of words
thereof, on any letterhead or envelope.
12. (a) Except as provided by paragraph (b), any employee of the House
of Representatives who is required to file a report pursuant to rule
XLIV shall refrain from participating personally and substantially as an
employee of the House of Representatives in any contact with any agency
of the executive or judicial branch of Government with respect to
nonlegislative matters affecting any nongovernmental person in which the
employee has a significant financial interest.
(b) Paragraph (a) shall not apply if an employee first advises his
employing authority of his significant financial interest and obtains
from his employing authority a written waiver stating that the
participation of the employee is necessary. A copy of each such waiver
shall be filed with the Committee on Standards of Official Conduct.
13. Before any Member, officer, or employee of the House of
Representatives may have access to classified information, the following
oath (or affirmation) shall be executed:
``I do solemnly swear (or affirm) that I will not disclose any
classified information received in the course of my service with the
House of Representatives, except as authorized by the House of
Representatives or in accordance with its Rules.''
Copies of the executed oath shall be retained by the Clerk of the House
as part of the records of the House.
As used in this Code of Official Conduct of the House of
Representatives--(a) the terms ``Member'' and ``Member of the House of
Representatives'' include the Resident Commissioner from Puerto Rico and
each Delegate to the House; and (b) the term ``officer or employee of
the House of Representa
[[Page 2291]]
tives'' means any individual whose compensation is disbursed by the
Clerk of the House of Representatives.
Rule XLIV
financial disclosure
1. A copy of each report filed with the Clerk under title I of the
Ethics in Government Act of 1978 shall be sent by the Clerk within the
seven-day period beginning the date on which the report is filed to the
Committee on Standards of Official Conduct. By August 1 of each year,
the Clerk shall compile all such reports sent to him by Members within
the period beginning on January 1 and ending on June 15 of each year and
have them printed as a House document, which document shall be made
available to the public.
2. For the purposes of this rule, the provisions of title I of the
Ethics in Government Act of 1978 shall be deemed to be a rule of the
House as it pertains to Members, officers, and employees of the House of
Representatives.
[The pertinent parts of Title I of the Ethics in Government Act of 1978
(5 U.S.C. App. 6 Sec. Sec. 101-111) read as follows:]
title i--financial disclosure requirements of federal personnel
Persons Required to File
sec. 101. (a) Within thirty days of assuming the position of an officer
or employee described in subsection (f), an individual shall file a
report containing the information described in section 102(b) unless the
individual has left another position described in subsection (f) within
thirty days prior to assuming such new position or has already filed a
report under this title with respect to nomination for the new position
or as a candidate for the position. * * *
(c) Within thirty days of becoming a candidate as defined in section
301 of the Federal Campaign Act of 1971, in a calendar year for
nomination or election to the office of President, Vice President, or
Member of Congress, or on or before May 15 of that calendar year,
whichever is later, but in no event later than 30 days before the
election, and on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an incumbent
President, Vice President, or Member of Congress shall file a report
containing the information described in section 102(b). Notwithstanding
the preceding sentence, in any calendar year in which an individual
continues to be a candidate for any office but all elections for such
office relating to such candidacy were held in prior calendar years,
such individual need not file a report unless he becomes a candidate for
another vacancy in that office or another office during that year.
(d) Any individual who is an officer or employee described in
subsection (f) during any calendar year and performs the duties of his
position or office for a period in excess of sixty days in that calendar
year shall file on or before May 15 of the succeeding year a report
containing the information described in section 102(a).
(e) Any individual who occupies a position described in subsection (f)
shall, on or before the thirtieth day after termination of employment in
such position, file a report containing the information described in
section 102(a) covering the preceding calendar year if the report
required by subsection (d) has not been filed and covering the portion
of the calendar year in which such termination occurs up to the date the
individual left such office or position, unless such individual has
accepted employment in another position described in subsection (f).
(f) The officers and employees referred to in subsections (a), (d),
and (e) are-- * * *
(9) a Member of Congress as defined under section 109(12);
(10) an officer or employee of the Congress as defined under section
109(13); * * *
(g) Reasonable extensions of time for filing any report may be granted
under procedures prescribed by the supervising ethics office for each
branch, but the total of such extensions shall not exceed ninety days.
(h) The provisions of subsections (a), (b), and (e) shall not apply to
an individual who, as determined by the designated agency ethics
official or Secretary concerned (or in the case of a Presidential
appointee under subsection (b), the Director of the Office of Government
Ethics), the congressional ethics committees, or the Judicial
Conference, is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar year, except
that if such individual performs the duties of his office or position
for more than sixty days in a calendar year--
(1) the report required by subsections (a) and (b) shall be filed
within fifteen days of the sixtieth day, and
(2) the report required by subsection (e) shall be filed as provided
in such subsection.
(i) The supervising ethics office for each branch may grant a publicly
available request for a waiver of any reporting requirement under this
section for an individual who is expected to perform or has performed
the duties of his office or position less than one hundred and thirty
days in a calendar year, but only if the supervising ethics office
determines that--
(1) such individual is not a full-time employee of the Government,
(2) such individual is able to provide services specially needed by
the Government,
(3) it is unlikely that the individual's outside employment or
financial interests will create a conflict of interest, and
(4) public financial disclosure by such individual is not necessary
in the circumstances.
Contents of Reports
sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
shall include a full and complete statement with respect to the
following:
(1)(A) The source, type, and amount or value of income (other than
income referred to in subparagraph (B)) from any source (other than
from current employment by the United States Government), and the
source, date, and amount of honoraria from any source, received during
the preceding calendar year, aggregating $200 or more in value and,
effective January 1, 1991, the source, date, and amount of payments
made to charitable organizations in lieu of honoraria, and the
reporting individual shall simultaneously file with the applicable
supervising ethics office, on a confidential basis, a corresponding
list of recipients of all such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which consists of dividends,
rents, interest, and capital gains, received during the preceding
calendar year which exceeds $200 in amount or value, and an indication
of which of the following categories the amount or value of such item
of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more than $2,500,
(iii) greater than $2,500 but not more than $5,000,
(iv) greater than $5,000 but not more than $15,000,
(v) greater than $15,000 but not more than $50,000,
(vi) greater than $50,000 but not more than $100,000,
(vii) greater than $100,000 but not more than $1,000,000,
(viii) greater than $1,000,000 but not more than $5,000,000, or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief description, and the
value of all gifts aggregating more than the minimal value as
established by section 7342(a)(5) of title 5, United States Code, or
$250, whichever is greater, received from any source other than a
relative of the reporting individual during the preceding calendar
year, except that any food, lodging, or entertainment received as
personal hospitality of an individual need not be reported, and any
gift with a fair market value of $100 or less, as adjusted at the same
time and by the same percentage as the minimal value is adjusted, need
not be aggregated for purposes of this subparagraph.
(B) The identity of the source and a brief description (including a
travel itinerary, dates, and nature of expenses provided) of
reimbursements received from any source aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, which
[[Page 2292]]
ever is greater, and received during the preceding calendar year.
(C) In an unusual case, a gift need not be aggregated under
subparagraph (A) if a publicly available request for a waiver is
granted.
(3) The identity and category of value of any interest in property
held during the preceding calendar year in a trade or business, or for
investment or the production of income, which has a fair market value
which exceeds $1,000 as of the close of the preceding calendar year,
excluding any personal liability owed to the reporting individual by a
spouse, or by a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any deposits
aggregating $5,000 or less in a personal savings account. For purposes
of this paragraph, a personal savings account shall include any
certificate of deposit or any other form of deposit in a bank, savings
and loan association, credit union, or similar financial institution.
(4) The identity and category of value of the total liabilities owed
to any creditor other than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the reporting individual's
spouse which exceed $10,000 at any time during the preceding calendar
year, excluding--
(A) any mortgage secured by real property which is a personal
residence of the reporting individual or his spouse; and
(B) any loan secured by a personal motor vehicle, household
furniture, or appliances, which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close of the
preceding calendar year need be reported under this paragraph.
(5) Except as provided in this paragraph, a brief description, the
date, and category of value of any purchase, sale or exchange during
the preceding calendar year exceeds $1,000--
(A) in real property, other than property used solely as a
personal residence of the reporting individual or his spouse; or
(B) in stocks, bonds, commodities futures, and other forms of
securities.
Reporting is not required under this paragraph of any transaction
solely by and between the reporting individual, his spouse, or
dependent children.
(6)(A) The identity of all positions held on or before the date of
filing during the current calendar year (and, for the first report
filed by an individual, during the two-year period preceding such
calendar year) as an officer, director, trustee, partner, proprietor,
representative, employee, or consultant of any corporation, company,
firm, partnership, or other business enterprise, any nonprofit
organization, any labor organization, or any educational or other
institution other than the United States. This subparagraph shall not
require the reporting of positions held in any religious, social,
fraternal, or political entity and positions solely of an honorary
nature.
(B) If any person, other than the United States Government, paid a
nonelected reporting individual compensation in excess of $5,000 in
any of the two calendar years prior to the calendar year during which
the individual files his first report under this title, the individual
shall include in the report--
(i) the identity of each source of such compensation; and
(ii) a brief description of the nature of the duties performed or
services rendered by the reporting individual for each such source.
The preceding sentence shall not require any individual to include
in such report any information which is considered confidential as a
result of a privileged relationship, established by law, between such
individual and any person nor shall it require an individual to report
any information with respect to any person for whom services were
provided by any firm or association of which such individual was a
member, partner, or employee unless such individual was directly
involved in the provision of such services.
(7) A description of the date, parties to, and terms of any
agreement or arrangement with respect to (A) future employment; (B) a
leave of absence during the period of the reporting individual's
Government service; (C) continuation of payments by a former employer
other than the United States Government; and (D) continuing
participation in an employee welfare or benefit plan maintained by a
former employer.
(8) The category of the total cash value of any interest of the
reporting individual in a qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
section 101 shall include a full and complete statement with respect to
the information required by--
(A) paragraph (1) of subsection (a) for the year of filing and the
preceding calendar year,
(B) paragraphs (3) and (4) of subsection (a) as of the date
specified in the report but which is less than thirty-one days before
the filing date, and
(C) paragraphs (6) and (7) of subsection (a) as of the filing date
but for periods described in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a financial
disclosure form, an individual may supply the required information in an
alternative format, pursuant to either rules adopted by the supervising
ethics office for the branch in which such individual serves or pursuant
to a specific written determination by such office for a reporting
individual.
(B) In lieu of indicating the category of amount or value of any item
contained in any report filed under this title, a reporting individual
may indicate the exact dollar amount of such item.
(c) In the case of any individual described in section 101(e), any
reference to the preceding calendar year shall be considered also to
include that part of the calendar year of filing up to the date of the
termination of employment.
(d)(1) The categories for reporting the amount or value of the items
covered in paragraphs (3), (4), (5), and (8) of subsection (a) are as
follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than $50,000;
(C) greater than $50,000 but not more than $100,000;
(D) greater than $100,000 but not more than $250,000;
(E) greater than $250,000 but not more than $500,000;
(F) greater than $500,000 but not more than $1,000,000;
(G) greater than $1,000,000 but not more than $5,000,000;
(H) greater than $5,000,000 but not more than $25,000,000;
(I) greater than $25,000,000 but not more than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a) if the current
value of an interest in real property (or an interest in a real estate
partnership) is not ascertainable without an appraisal, an individual
may list (A) the date of purchase and the purchase price of the interest
in the real property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the property used
for the assessment if the assessed value is computed at less than 100
percent of such market value, but such individual shall include in his
report a full and complete description of the method used to determine
such assessed value, instead of specifying a category of value pursuant
to paragraph (1) of this subsection. If the current value of any other
item required to be reported under paragraph (3) of subsection (a) is
not ascertainable without an appraisal, such individual may list the
book value of a corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an individually
owned business, or with respect to other holdings, any recognized
indication of value, but such individual shall include in his report a
full and complete description of the method used in determining such
[[Page 2293]]
value. In lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax purposes,
adjusted to reflect the market value of the item used for the assessment
if the assessed value is computed at less than 100 percent of such
market value, but a full and complete description of the method used in
determining such assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this paragraph, each
report required by section 101 shall also contain information listed in
paragraphs (1) through (5) of subsection (a) of this section respecting
the spouse or dependent child of the reporting individual as follows:
(A) The source of items of earned income earned by a spouse from any
person which exceed $1,000 and the source and amount of any honoraria
received by a spouse, except that, with respect to earned income
(other than honoraria), if the spouse is self-employed in business or
a profession, only the nature of such business or profession need be
reported.
(B) All information required to be reported in subsection (a)(1)(B)
with respect to income derived by a spouse or dependent child from any
asset held by the spouse or dependent child and reported pursuant to
subsection (a)(3).
(C) In the case of any gifts received by a spouse or dependent child
which are not received totally independent of the relationship of the
spouse or dependent child to the reporting individual, the identity of
the source and a brief description of gifts of transportation,
lodging, food, or entertainment and a brief description and the value
of other gifts.
(D) In the case of any reimbursements received by a spouse or
dependent child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of each
such reimbursement.
(E) In the case of items described in paragraphs (3) through (5) of
subsection (a), all information required to be reported under these
paragraphs other than items (i) which the reporting individual
certifies represent the spouse's or dependent child's sole financial
interest or responsibility and which the reporting individual has no
knowledge of, (ii) which are not in any way, past or present, derived
from the income, assets, or activities of the reporting individual,
and (iii) from which the reporting individual neither derives, nor
expects to derive, any financial or economic benefit.
(F) For purposes of this section, categories with amounts or values
greater than $1,000,000 set forth in sections 102(a)(1)(B) and
102(d)(1) shall apply to the income, assets, or liabilities of spouses
and dependent children only if the income, assets, or liabilities are
held jointly with the reporting individual. All other income, assets,
or liabilities of the spouse or dependent children required to be
reported under this section in an amount or value greater than
$1,000,000 shall be categorized only as an amount or value greater
than $1,000,000.
Reports required by subsections (a), (b), and (c) of section 101 shall,
with respect to the spouse and dependent child of the reporting
individual, only contain information listed in paragraphs (1), (3), and
(4) of subsection (a), as specified in this paragraph.
(2) No report shall be required with respect to a spouse living
separate and apart from the reporting individual with the intention of
terminating the marriage or providing for permanent separation; or with
respect to any income or obligations of an individual arising from the
dissolution of his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each reporting individual
shall report the information required to be reported pursuant to
subsections (a), (b), and (c) of this section with respect to the
holdings of and the income from a trust or other financial arrangement
from which income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual, his spouse,
or any dependent child.
(2) A reporting individual need not report the holdings of or the
source of income from any of the holdings of--
(A) any qualified blind trust (as defined in paragraph (3));
(B) a trust--
(i) which was not created directly by such individual, his spouse,
or any dependent child, and
(ii) the holdings or sources of income of which such individual,
his spouse, and any dependent child have no knowledge of; or
(C) an entity described under the provisions of paragraph (8), but
such individual shall report the category of the amount of income
received by him, his spouse, or any dependent child from the trust or
other entity under subsection (a)(1)(B) of this section.
(3) For purpose of this subsection, the term ``qualified blind trust''
includes any trust in which a reporting individual, his spouse, or any
minor or dependent child has a beneficial interest in the principal or
income, and which meets the following requirements:
(A)(i) The trustee of the trust and any other entity designated in
the trust instrument to perform fiduciary duties is a financial
institution, an attorney, a certified public accountant, a broker, or
an investment advisor who--
(I) is independent of and not associated with any interested party
so that the trustee or other person cannot be controlled or
influenced in the administration of the trust by any interested
party; and
(II) is not and has not been an employee of or affiliated with any
interested party and is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
(III) is not a relative of any interested party.
(ii) Any officer or employee of a trustee or other entity who is
involved in the management or control of the trust--
(I) is independent of and not associated with any interested party
so that such officer or employee cannot be controlled or influenced
in the administration of the trust by any interested party;
(II) is not a partner of, or involved in any joint venture or
other investment with, any interested party; and
(III) is not a relative of any interested party.
(B) Any asset transferred to the trust by an interested party is
free of any restriction with respect to its transfer or sale unless
such restriction is expressly approved by the supervising ethics
office of the reporting individual.
(C) The trust instrument which establishes the trust provides that--
(i) except to the extent provided in subparagraph (B) of this
paragraph, the trustee in the exercise of his authority and
discretion to manage and control the assets of the trust shall not
consult or notify any interested party;
(ii) the trust shall not contain any asset the holding of which by
an interested party is prohibited by any law or regulation;
(iii) the trustee shall promptly notify the reporting individual
and his supervising ethics office when the holdings of any
particular asset transferred to the trust by any interested party
are disposed of or when the value of such holding is less than
$1,000;
(iv) the trust tax return shall be prepared by the trustee or his
designee, and such return and any information relating thereto
(other than the trust income summarized in appropriate categories
necessary to complete an interested party's tax return), shall not
be disclosed to any interested party;
(v) an interested party shall not receive any report on the
holdings and sources of income of the trust, except a report at the
end of each calendar quarter with respect to the total cash value of
the interest of the interested party in the trust or the net income
or loss of the trust or any reports necessary to enable the
interested party to complete an individual tax return required by
law or to provide the information required by subsection (a)(1) of
this section, but such re
[[Page 2294]]
port shall not identify any asset or holding;
(vi) except for communications which solely consist of requests
for distributions of cash or other unspecified assets of the trust,
there shall be no direct or indirect communication between the
trustee and an interested party with respect to the trust unless
such communication is in writing and unless it relates only (I) to
the general financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing income or
long-term capital gain), (II) to the notification of the trustee of
a law or regulation subsequently applicable to the reporting
individual which prohibits the interested party from holding an
asset, which notification directs that the asset not be held by the
trust, or (III) to directions to the trustee to sell all of an asset
initially placed in the trust by an interested party which in the
determination of the reporting individual creates a conflict of
interest or the appearance thereof due to the subsequent assumption
of duties by the reporting individual (but nothing herein shall
require any such direction); and
(vii) the interested parties shall make no effort to obtain
information with respect to the holdings of the trust, including
obtaining a copy of any trust tax return filed or any information
relating thereto except as otherwise provided in this subsection.
(D) The proposed trust instrument and the proposed trustee is
approved by the reporting individual's supervising ethics office.
(E) For purposes of this subsection, ``interested party'' means a
reporting individual, his spouse, and any minor or dependent child;
``broker'' has the meaning set forth in section 3(a)(4) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment adviser who, as
determined under regulations prescribed by the supervising ethics
office, is generally involved in his role as such an adviser in the
management or control of trusts.
(F) Any trust qualified by a supervising ethics office before the
effective date of title II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and regulations in effect
immediately before such effective date.
(4)(A) An asset placed in a trust by an interested party shall be
considered a financial interest of the reporting individual, for the
purposes of any applicable conflict of interest statutes, regulations,
or rules of the Federal Government (including section 208 of title 18,
United States Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of, or has a
value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not apply with respect
to a trust created for the benefit of a reporting individual, or the
spouse, dependent child, or minor child of such a person, if the
supervising ethics office for such reporting individual finds that--
(I) the assets placed in the trust consist of a well-diversified
portfolio of readily marketable securities;
(II) none of the assets consist of securities of entities having
substantial activities in the area of the reporting individual's
primary area of responsibility;
(III) the trust instrument prohibits the trustee, notwithstanding
the provisions of paragraphs (3)(C) (iii) and (iv) of this subsection,
from making public or informing any interested party of the sale of
any securities;
(IV) the trustee is given power of attorney, notwithstanding the
provisions of paragraph (3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal income tax returns and
similar returns which may contain information relating to the trust;
and
(V) except as otherwise provided in this paragraph, the trust
instrument provides (or in the case of a trust established prior to
the effective date of this Act which by its terms does not permit
amendment, the trustee, the reporting individual, and any other
interested party agree in writing) that the trust shall be
administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A). * * *
(5)(A) The reporting individual shall, within thirty days after a
qualified blind trust is approved by his supervising ethics office, file
with such office a copy of--
(i) the executed trust instrument of such trust (other than those
provisions which relate to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were transferred to such trust,
including the category of value of each asset as determined under
subsection (d) of this section.
This subparagraph shall not apply with respect to a trust meeting the
requirements for being considered a qualified blind trust under
paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days of transferring
an asset (other than cash) to a previously established qualified blind
trust, notify his supervising ethics office of the identity of each such
asset and the category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified blind trust,
a reporting individual shall--
(i) notify his supervising ethics office of such dissolution, and
(ii) file with such office a copy of a list of the assets of the
trust at the time of such dissolution and the category of value under
subsection (d) of this section of each such asset.
(D) Documents filed under subparagraphs (A), (B), and (C) of this
paragraph and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be made
available to the public in the same manner as a report is made available
under section 105 and the provisions of that section shall apply with
respect to such documents and lists.
(E) A copy of each written communication with respect to the trust
under paragraph (3)(C)(vi) shall be filed by the person initiating the
communication with the reporting individual's supervising ethics office
within five days of the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not knowingly and
willfully, or negligently, (i) disclose any information to an interested
party with respect to such trust that may not be disclosed under
paragraph (3) of this subsection; (ii) acquire any holding the ownership
of which is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which solicitation
is prohibited by paragraph (3) of this subsection or the trust
agreement; or (iv) fail to file any document required by this
subsection.
(B) A reporting individual shall not knowingly and willfully, or
negligently, (i) solicit or receive any information with respect to a
qualified blind trust of which he is an interested party that may not be
disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B) of this paragraph. The court in which such action is brought may
assess against such individual a civil penalty in any amount not to
exceed $10,000.
(ii) The Attorney General may bring a civil action in any appropriate
United States district court against any individual who negligently
violates the provisions of subparagraph (A) or (B) of this paragraph.
The court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $5,000.
(7) Any trust may be considered to be a qualified blind trust if--
(A) the trust instrument is amended to comply with the requirements
of paragraph (3) or, in the case of a trust instrument which does not
by its terms permit amendment, the trustee, the reporting individual,
and
[[Page 2295]]
any other interested party agree in writing that the trust shall be
administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who is a
dependent child, a parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except testamentary provisions)
and a copy of the agreement referred to in subparagraph (A), and a
list of the assets held by the trust at the time of approval by the
supervising ethics office, including the category of value of each
asset as determined under subsection (d) of this section, are filed
with such office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
(C) the supervising ethics office determines that approval of the
trust arrangement as a qualified blind trust is in the particular case
appropriate to assure compliance with applicable laws and regulations.
(8) A reporting individual shall not be required to report the
financial interests held by a widely held investment fund (whether such
fund is a mutual fund, regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely diversified; and
(B) the reporting individual neither exercises control over nor has
the ability to exercise control over the financial interests held by
the fund.
(g) Political campaign funds, including campaign receipts and
expenditures, need not be included in any report filed pursuant to this
title.
(h) A report filed pursuant to subsection (a), (d), or (e) of section
101 need not contain the information described in subparagraphs (A),
(B), and (C) of subsection (a)(2) with respect to gifts and
reimbursements received in a period when the reporting individual was
not an officer or employee of the Federal Government.
(i) A reporting individual shall not be required under this title to
report--
(1) financial interests in or income derived from--
(A) any retirement system under title 5, United States Code
(including the Thrift Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system maintained by the United States
for officers or employees of the United States, including the
President, or for members of the uniformed services; or
(2) benefits received under the Social Security Act.
Filing of Reports
sec. 103. (a) Except as otherwise provided in this section, the reports
required under this title shall be filed by the reporting individual
with the designated agency ethics official at the agency by which he is
employed (or in the case of an individual described in section 101(e),
was employed) or in which he will serve. The date any report is received
(and the date of receipt of any supplemental report) shall be noted on
such report by such official. * * *
(g) Each supervising Ethics Office shall develop and make available
forms for reporting the information required by this title.
(h)(1) The reports required under this title shall be filed by a
reporting individual with--
(A)(i)(I) the Clerk of the House of Representatives, in the case of
a Representative in Congress, a Delegate to Congress, the Resident
Commissioner from Puerto Rico, an officer or employee of the Congress
whose compensation is disbursed by the Clerk of the House of
Representatives, an officer or employee of the Architect of the
Capitol, the United States Botanic Garden, the Congressional Budget
Office, the Government Printing Office, the Library of Congress, or
the Copyright Royalty Tribunal (including any individual terminating
service, under section 101(e), in any office or position referred to
in this subclause), or an individual described in section 101(c) who
is a candidate for nomination or election as a Representative in
Congress, a Delegate to Congress, or the Resident Commissioner from
Puerto Rico; * * *
(ii) in the case of an officer or employee of the Congress as
described under section 101(f)(10) who is employed by an agency or
commission established in the legislative branch after the date of the
enactment of the Ethics Reform Act of 1989--
(I) the Secretary of the Senate or the Clerk of the House of
Representatives, as the case may be, as designated in the statute
establishing such agency or commission; or
(II) if such statute does not designate such committee, the
Secretary of the Senate for agencies and commissions established in
even numbered calendar years, and the Clerk of the House of
Representatives for agencies and commissions established in odd
numbered calendar years; * * *
(2) The date any report is received (and the date of receipt of any
supplemental report) shall be noted on such report by such committee.
(i) A copy of each report filed under this title by a Member or an
individual who is a candidate for the office of Member shall be sent by
the Clerk of the House of Representatives or Secretary of the Senate, as
the case may be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971 of the State
represented by the Member or in which the individual is a candidate, as
the case may be, within the 30-day period beginning on the day the
report is filed with the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with the Clerk of
the House of Representatives shall be sent by the Clerk to the Committee
on Standards of Official Conduct of the House of Representatives within
the 7-day period beginning on the day the report is filed. * * *
(k) In carrying out their responsibilities under this title with
respect to candidates for office, the Clerk of the House of
Representatives and the Secretary of the Senate shall avail themselves
of the assistance of the Federal Election Commission. The Commission
shall make available to the Clerk and the Secretary on a regular basis a
complete list of names and addresses of all candidates registered with
the Commission, and shall cooperate and coordinate its candidate
information and notification program with the Clerk and the Secretary to
the greatest extent possible.
Failure to File or Filing False Reports
sec. 104. (a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned, the Director of
the Office of Government Ethics, each congressional ethics committee, or
the Judicial Conference, as the case may be, shall refer to the Attorney
General the name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a report or has
willfully falsified or willfully failed to file information required to
be reported.
(c) The President, the Vice President, the Secretary concerned, the
head of each agency, the Office of Personnel Management, a congressional
ethics committee, and the Judicial Conference of the United States, may
take any appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing to file a
report or falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be filed under
this title more than 30 days after the later of--
(A) the date such report is required to be filed pursuant to the
provisions of this title and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such individual under
section 101(g), the last day of the filing ex
[[Page 2296]]
tension period, shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing fee of $200. All
such fees shall be deposited in the miscellaneous receipts of the
Treasury. The authority under this paragraph to direct the payment of
a filing fee may be delegated by the supervising ethics office in the
executive branch to other agencies in the executive branch.
(2) The supervising ethics office may waive the filing fee under this
subsection in extraordinary circumstances.
Custody of and Public Access to Reports
sec. 105. (a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of Representatives,
and the Secretary of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this title with
such agency or office or with the Clerk or the Secretary of the Senate.
* * *
(b)(1) Except as provided in the second sentence of this subsection,
each agency, each supervising ethics office in the executive or judicial
branch, the Clerk of the House of Representatives, and the Secretary of
the Senate shall, within thirty days after any report is received under
this title by such agency or office or by the Clerk or the Secretary of
the Senate, as the case may be, permit inspection of such report by or
furnish a copy of such report to any person requesting such inspection
or copy. With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public inspection
within 30 calendar days after May 15 of such year or within 30 days of
the date of filing of such a report for which an extension is granted
pursuant to section 101(g). The agency, office, Clerk, or Secretary of
the Senate, as the case may be may require a reasonable fee to be paid
in any amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary of any
employee involved in such reproduction or mailing. A copy of such report
may be furnished without charge or at a reduced charge if it is
determined that waiver or reduction of the fee is in the public
interest.
(2) Notwithstanding paragraph (1), a report may not be made available
under this section to any person nor may any copy thereof be provided
under this section to any person except upon a written application by
such person stating--
(A) that person's name, occupation and address;
(B) the name and address of any other person or organization on
whose behalf the inspection or copy is requested; and
(C) that such person is aware of the prohibitions on the obtaining
or use of the report.
Any such application shall be made available to the public throughout
the period during which the report is made available to the public.
(c)(1) It shall be unlawful for any person to obtain or use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
(C) for determining or establishing the credit rating of any
individual; or
(D) for use, directly or indirectly, in the solicitation of money
for any political, charitable, or other purpose.
(2) The Attorney General may bring a civil action against any person
who obtains or uses a report for any purpose prohibited in paragraph (1)
of this subsection. The court in which such action is brought may assess
against such person a penalty in any amount not to exceed $10,000. Such
remedy shall be in addition to any other remedy available under
statutory or common law.
(d) Any report filed with or transmitted to an agency or supervising
ethics office or to the Clerk of the House of Representatives or the
Secretary of the Senate pursuant to this title shall be retained by such
agency or office or by the Clerk or the Secretary of the Senate, as the
case may be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such six-year
period the report shall be destroyed unless needed in an ongoing
investigation, except that in the case of an individual who filed the
report pursuant to section 101(b) and was not subsequently confirmed by
the Senate, or who filed the report pursuant to section 101(c) and was
not subsequently elected, such reports shall be destroyed one year after
the individual either is no longer under consideration by the Senate or
is no longer a candidate for nomination or election to the Office of
President, Vice President, or as a Member of Congress, unless needed in
an ongoing investigation.
Review of Reports
sec. 106. (a)(1) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report filed with
him under this title is reviewed within sixty days after the date of
such filing, except that the Director of the Office of Government Ethics
shall review only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial Conference
shall make provisions to ensure that each report filed under this title
is reviewed within sixty days after the date of such filing.
(b)(1) If after reviewing any report under subsection (a), the
Director of the Office of Government Ethics, the Secretary concerned,
the designated agency ethics official, a person designated by the
congressional ethics committee, or a person designated by the Judicial
Conference, as the case may be, is of the opinion that on the basis of
information contained in such report the individual submitting such
report is in compliance with applicable laws and regulations, he shall
state such opinion on the report, and shall sign such report.
(2) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
the congressional ethics committee, or a person designated by the
Judicial Conference, after reviewing any report under subsection (a)--
(A) believes additional information is required to be submitted, he
shall notify the individual submitting such report what additional
information is required and the time by which it must be submitted, or
(B) is of the opinion, on the basis of information submitted, that
the individual is not in compliance with applicable laws and
regulations, he shall notify the individual, afford a reasonable
opportunity for a written or oral response, and after consideration of
such response, reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with such laws
and regulations.
(3) If the Director of the Office of Government Ethics, the Secretary
concerned, the designated agency ethics official, a person designated by
a congressional ethics committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that an individual
is not in compliance with applicable laws and regulations, the official
or committee shall notify the individual of that opinion and, after an
opportunity for personal consultation (if practicable), determine and
notify the individual of which steps, if any, would in the opinion of
such official or committee be appropriate for assuring compliance with
such laws and regulations and the date by which such steps should be
taken. Such steps may include, as appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section 208(b) of title 18,
United States Code, or
(E) voluntary request for transfer, reassignment, limitation of
duties, or resignation.
The use of any such steps shall be in accordance with such rules or
regulations as the supervising ethics office may prescribe.
(4) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by an
individual in a position in the executive branch (other than in the
Foreign Service or the uniformed services), appointment to which
[[Page 2297]]
requires the advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
(6) If steps for assuring compliance with applicable laws and
regulations are not taken by the date set under paragraph (3) by any
other officer or employee, the matter shall be referred to the head of
the appropriate agency, the congressional ethics committee, or the
Judicial Conference, for appropriate action; except that in the case of
the Postmaster General or Deputy Postmaster General, the Director of the
Office of Government Ethics shall recommend to the Governors of the
Board of Governors of the United States Postal Service the action to be
taken.
(7) Each supervising ethics office may render advisory opinions
interpreting this title within its respective jurisdiction.
Notwithstanding any other provision of law, the individual to whom a
public advisory opinion is rendered in accordance with this paragraph,
and any other individual covered by this title who is involved in a fact
situation which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and findings of
such advisory opinion shall not, as a result of such act, be subject to
any penalty or sanction provided by this title.
Confidential Reports and Other Additional Requirements
sec. 107. (a)(1) Each supervising ethics office may require officers and
employees under its jurisdiction (including special Government employees
as defined in section 202 of title 18, United States Code) to file
confidential financial disclosure reports, in such form as the
supervising ethics office may prescribe. The information required to be
reported under this subsection by the officers and employees of any
department or agency shall be set forth in rules or regulations
prescribed by the supervising ethics office, and may be less extensive
than otherwise required by this title, or more extensive when determined
by the supervising ethics office to be necessary and appropriate in
light of sections 202 through 209 of title 18, United States Code,
regulations promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a report pursuant
to section 101 shall not be required to file a confidential report
pursuant to this subsection, except with respect to information which is
more extensive than information otherwise required by this title.
Subsections (a), (b), and (d) of section 105 shall not apply with
respect to any such report.
(2) Any information required to be provided by an individual under
this subsection shall be confidential and shall not be disclosed to the
public.
(3) Nothing in this subsection exempts any individual otherwise
covered by the requirement to file a public financial disclosure report
under this title from such requirement.
(b) The provisions of this title requiring the reporting of
information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest or
apparent conflicts of interest. Such provisions of this title shall not
supersede the requirements of section 7342 of title 5, United States
Code.
(c) Nothing in this Act requiring reporting of information shall be
deemed to authorize the receipt of income, gifts, or reimbursements; the
holding of assets, liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order, rule, or
regulation.
Authority of Comptroller General
sec. 108. (a) The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of carrying
out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly thereafter, the
Comptroller General shall conduct a study to determine whether the
provisions of this title are being carried out effectively.
Definitions
sec. 109. For the purposes of this title, the term--
(1) ``congressional ethics committees'' means the Select Committee
on Ethics of the Senate and the Committee on Standards of Official
Conduct of the House of Representatives;
(2) ``dependent child'' means, when used with respect to any
reporting individual, any individual who is a son, daughter, stepson,
or stepdaughter and who--
(A) is unmarried and under age 21 and is living in the household
of such reporting individual; or
(B) is a dependent of such reporting individual within the meaning
of section 152 of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official'' means an officer or
employee who is designated to administer the provisions of this title
within an agency; * * *
(5) ``gift'' means a payment, advance, forbearance, rendering, or
deposit of money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not include--
(A) bequest and other forms of inheritance;
(B) suitable mementos of a function honoring the reporting
individual;
(C) food, lodging, transportation, and entertainment provided by a
foreign government within a foreign country or by the United States
Government, the District of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not consumed in connection with a
gift of overnight lodging;
(E) communications to the offices of a reporting individual,
including subscriptions to newspapers and periodicals; or
(F) consumable products provided by home-State businesses to the
offices of a reporting individual who is an elected official, if
those products are intended for consumption by persons other than
such reporting individual;
(6) ``honoraria'' has the meaning given such term in section 505 of
this Act;
(7) ``income'' means all income from whatever source derived,
including but not limited to the following items: compensation for
services, including fees, commissions, and similar items; gross income
derived from business (and net income if the individual elects to
include it); gains derived from dealings in property; interest; rents;
royalties; dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of indebtedness;
distributive share of partnership income; and income from an interest
in an estate or trust; * * *
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment; and
(I) any other agency, entity, office, or commission established in
the legislative branch;
(12) ``Member of Congress'' means a United States Senator, a
Representative in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress'' means--
(A) any individual described under subparagraph (B), other than a
Member of Congress or the Vice President, whose compensation is
disbursed by the Secretary of the Senate or the Clerk of the House
of Representatives;
(B)(i) each officer or employee of the legislative branch who, for
at least 60 days, occupies a position for which the rate of basic
pay is equal to or greater than 120 percent
[[Page 2298]]
of the minimum rate of basic pay payable for GS-15 of the General
Schedule; and
(ii) at least one principal assistant designated for purposes of
this paragraph by each Member who does not have an employee who
occupies a position for which the rate of basic pay is equal to or
greater than 120 percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
(14) ``personal hospitality of any individual'' means hospitality
extended for a nonbusiness purpose by an individual, not a corporation
or organization, at the personal residence of that individual or his
family or on property or facilities owned by that individual or his
family;
(15) ``reimbursement'' means any payment or other thing of value
received by the reporting individual, other than gifts, to cover
travel-related expenses of such individual other than those which
are--
(A) provided by the United States Government, the District of
Columbia, or a State or local government or political subdivision
thereof;
(B) required to be reported by the reporting individual under
section 7342 of title 5, United States Code; or
(C) required to be reported under section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is related to the
reporting individual, as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin, nephew,
niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, or
who is the grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or fiancee of
the reporting individual; * * *
(18) ``supervising ethics office'' means--
(A) the Senate Committee on Ethics of the Senate, for Senators,
officers and employees of the Senate, and other officers or
employees of the legislative branch required to file financial
disclosure reports with the Secretary of the Senate pursuant to
section 103(h) of this title;
(B) the Committee on Standards of Official Conduct of the House of
Representatives, for Members, officers and employees of the House of
Representatives and other officers or employees of the legislative
branch required to file financial disclosure reports with the Clerk
of the House of Representatives pursuant to section 103(h) of this
title;
(C) the Judicial Conference for judicial officers and judicial
employees; and
(D) the Office of Government Ethics for all executive branch
officers and employees; and
(19) ``value'' means a good faith estimate of the dollar value if
the exact value is neither known nor easily obtainable by the
reporting individual.
Notice of Actions Taken to Comply with Ethics Agreements
sec. 110. (a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of Government
Ethics, a Senate confirmation committee, a congressional ethics
committee, or the Judicial Conference, to take any action to comply with
this Act of any other law or regulation governing conflicts of interest
of, or establishing standards of conduct applicable with respect to,
officers or employees of the Government, that individual shall notify in
writing the designated agency ethics official, the Office of Government
Ethics, the appropriate committee of the Senate, the congressional
ethics committee, or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified in the
agreement by which action by the individual must be taken, or not later
than three months after the date of the agreement, if no date for action
is so specified.
(b) If an agreement described in subsection (a) requires that the
individual recuse himself or herself from particular categories of
agency or other official action, the individual shall reduce to writing
those subjects regarding which the recusal agreement will apply and the
process by which it will be determined whether the individual must
recuse himself or herself in a specific instance. An individual shall be
considered to have complied with the requirements of subsection (a) with
respect to such recusal agreement if such individual files a copy of the
document setting forth the information described in the preceding
sentence with such individual's designated agency ethics official or the
appropriate supervising ethics office within the time prescribed in the
last sentence of subsection (a).
Administration of Provisions
sec. 111. The provisions of this title shall be administered by * * *
(2) the Select Committee on Ethics of the Senate and the Committee
on Standards of Official Conduct of the House of Representatives, as
appropriate, with regard to officers and employees described in
paragraphs (9) and (10) of section 101(f). * * *
Rule XLV
prohibition of unofficial office accounts
1. No Member may maintain or have maintained for his use an unofficial
office account.
2. After the date of adoption of this rule, no funds may be paid into
any unofficial office account.
3. Notwithstanding any other provision of this rule, if an amount from
the Official Expenses Allowance of a Member is paid into the House
Recording Studio revolving fund for telecommunications satellite
services, the Member may accept reimbursement from non-political
entities in that amount for transmission to the Clerk of the House of
Representatives for credit to the Official Expenses Allowance.
4. For purposes of this rule--
(a) the term ``unofficial office account'' means an account or
repository into which funds are received for the purpose of defraying
otherwise unreimbursed expenses allowable under section 162(a) of the
Internal Revenue Code of 1954 as ordinary and necessary in the
operation of a congressional office, and includes any newsletter fund
referred to in section 527(g) of the Internal Revenue Code of 1954;
and
(b) the term ``Member'' means any Member of, Delegate to, or
Resident Commissioner in, the House of Representatives.
Rule XLVI
limitations on the use of the frank
1. Any franked mail which is mailed by a Member under section 3210(d)
of title 39, United States Code, shall be mailed at the equivalent rate
of postage which assures that such mail will be sent by the most
economical means practicable.
2. A Member shall, before making any mass mailing, submit a sample or
description of the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as to whether
such proposed mailing is in compliance with applicable provisions of
law, rule, or regulation.
3. Any mass mailing which otherwise is frankable by a Member under the
provisions of section 3210(e) of title 39, United States Code, shall not
be frankable unless the cost of preparing and printing such mass mailing
is defrayed exclusively from funds made available in any appropriations
Act.
4. A Member may not send any mass mailing outside the congressional
district from which the Member was elected.
5. In the case of any Representative in the House of Representatives,
other than a Representative at Large, who is a candidate for any
statewide public office, any mass mailing shall not be frankable under
section 3210 of title 39, United States Code, when the same is delivered
to any address which is not located in the area constituting the
congressional district from which any such individual was elected.
6. In the case of any Member, any mass mailing shall not be frankable
under section 3210 of title 39, United States Code, when the same is
post
[[Page 2299]]
marked less than sixty days immediately before the date of any primary
or general election (whether regular, special, or runoff) in which such
Member is a candidate for public office. If mail matter is of a type
which is not customarily postmarked, the date on which such matter would
have been postmarked if it were of a type customarily postmarked shall
apply.
7. For purposes of this rule--
(a) the term ``mass mailing'' means, with respect to a session in
Congress, any mailing of newsletters or other pieces of mail with
substantially identical content (whether such mail is deposited singly
or in bulk, or at the same time or different times), totaling more
than 500 pieces in that session, except that such term does not
include any mailing--
(1) of matter in direct response to a communication from a person
to whom the matter is mailed;
(2) from a Member to other Members of Congress, or to Federal,
State, or local government officials; or
(3) of a news release to the communications media.
(b) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(c) The term ``Members of Congress'' means Senators and
Representatives in, and Delegates and Resident Commissioners to, the
Congress.
Rule XLVII
limitations on outside employment and earned income
1. (a)(1) Except as provided by subparagraph (2), in calendar year
1991 or thereafter, a Member or an officer or employee of the House may
not--
(A) have outside earned income attributable to such calendar year
which exceeds 15 percent of the annual rate of basic pay for level II
of the Executive Schedule under section 5313 of title 5, United States
Code, as of January 1 of such calendar year; or
(B) receive any honorarium.
(2) In the case of any individual who becomes a Member or an officer
or employee of the House during calendar year 1991 or thereafter, such
individual may not have outside earned income attributable to the
portion of that calendar year which occurs after such individual becomes
a Member, officer or employee which exceeds 15 percent of the annual
rate of basic pay for level II of the Executive Schedule under section
5313 of title 5, United States Code, as of January 1 of such calendar
year multiplied by a fraction the numerator of which is the number of
days such individual is a Member, officer, or employee during such
calendar year and the denominator of which is 365.
(3) In calendar year 1991 or thereafter, any payment in lieu of an
honorarium which is made to a charitable organization on behalf of a
Member, officer or employee of the House may not be received by such
individual. No such payment shall exceed $2,000 or be made to a
charitable organization from which such individual or a parent, sibling,
spouse, child, or dependent relative of such individual derives any
financial benefit.
(b)(1) Except as provided by subparagraph (2), in calendar year 1990,
a Member may not have outside earned income (including honoraria
received in such calendar year) attributable to such calendar year which
exceeds 30 percent of the annual pay as a Member to which the Member was
entitled in 1989.
(2) In the case of any individual who becomes a Member during calendar
year 1990, such individual may not have outside earned income (including
honoraria) attributable to the portion of that calendar year which
occurs after such individual becomes a Member which exceeds 30 percent
of $89,500 multiplied by a fraction the numerator of which is the number
of days such individual is a Member during such calendar year and the
denominator of which is 365.
2. On or after January 1, 1991, a Member or an officer or employee of
the House shall not--
(1) receive compensation for affiliating with or being employed by a
firm, partnership, association, corporation, or other entity which
provides professional services involving a fiduciary relationship;
(2) permit that Member's, officer's, or employee's name to be used
by any such firm, partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a profession which involves
a fiduciary relationship;
(4) serve for compensation as an officer or member of the board of
any association, corporation, or other entity; or
(5) receive compensation for teaching, without the prior
notification and approval of the Committee on Standards of Official
Conduct.
3. A Member, officer, or employee of the House may not--
(1) receive any advance payment on copyright royalties, but this
paragraph does not prohibit any literary agent, researcher, or other
individual (other than an individual employed by the House or a
relative of that Member, officer, or employee) working on behalf of
that Member, officer, or employee with respect to a publication from
receiving an advance payment of a copyright royalty directly from a
publisher and solely for the benefit of that literary agent,
researcher, or other individual; or
(2) receive any copyright royalties pursuant to a contract entered
into on or after January 1, 1996, unless that contract is first
approved by the Committee on Standards of Official Conduct as
complying with the requirement of clause 4(e)(5) (that royalties are
received from an established publisher pursuant to usual and customary
contractual terms).
4. For the purposes of this rule--
(a) The term ``Member'' means any Member of the House of
Representatives, a Delegate to the House of Representatives, or the
Resident Commissioner in the House of Representatives.
(b)(1) Except as provided by paragraph (2), the term ``officer or
employee of the House'' means any individual (other than a Member)
whose pay is disbursed by the Clerk and who is paid at a rate equal to
or greater than the annual rate of basic pay in effect for grade GS-16
of the General Schedule under section 5332 of title 5, United States
Code, and so employed for more than 90 days in a calendar year.
(2) When used with respect to honoraria, the term ``officer or
employee of the House'' means any individual (other than a Member)
whose salary is disbursed by the Clerk.
(c) The term ``honorarium'' means a payment of money or any thing of
value for an appearance, speech, or article, by a Member or an officer
or employee of the House, excluding any actual and necessary travel
expenses incurred by such individual (and one relative) to the extent
that such expenses are paid or reimbursed by any other person, and the
amount otherwise determined shall be reduced by the amount of any such
expenses to the extent that such expenses are not paid or reimbursed.
(d) The term ``travel expenses'' means, with respect to a Member or
an officer or employee of the House, or a relative of any such
individual, the cost of transportation, and the cost of lodging and
meals while away from his or her residence or principal place of
employment.
(e) The term ``outside earned income'' means, with respect to a
Member, officer or employee, wages, salaries, fees, and other amounts
received or to be received as compensation for personal services
actually rendered but does not include--
(1) the salary of such individual as a Member, officer or
employee;
(2) any compensation derived by such individual for personal
services actually rendered prior to the effective date of this rule
or becoming such a Member, officer or employee, whichever occurs
later;
(3) any amount paid by, or on behalf of, a Member, officer or
employee, to a tax-qualified pension, profit-sharing, or stock bonus
plan and received by such individual from such a plan;
(4) in the case of a Member, officer or employee engaged in a
trade or business in which the individual or his family holds a
controlling interest and in which both personal services and capital
are income-producing factors, any amount received by such individual
so long as
[[Page 2300]]
the personal services actually rendered by the individual in the
trade or business do not generate a significant amount of income;
and
(5) copyright royalties received from established publishers
pursuant to usual and customary contractual terms.
Outside earned income shall be determined without regard to any
community property law.
(f) The term ``charitable organization'' means an organization
described in section 170(c) of the Internal Revenue Code of 1986.
Rule XLVIII
permanent select committee on intelligence
1. (a) There is hereby established a permanent select committee to be
known as the Permanent Select Committee on Intelligence (hereinafter in
this rule referred to as the ``select committee''). The select committee
shall be composed of not more than sixteen Members, of whom not more
than nine may be from the same party. The select committee shall include
at least one Member from:
(1) the Committee on Appropriations;
(2) the Committee on National Security;
(3) the Committee on International Relations; and
(4) the Committee on the Judiciary.
(b)(1) The Speaker of the House and the Minority Leader of the House
shall be ex officio members of the select committee, but shall have no
vote in the committee and shall not be counted for purposes of
determining a quorum.
(2) The Speaker and Minority Leader each may designate a member of
their leadership staff to assist them in their capacity as ex officio
members, with the same access to committee meetings, hearings,
briefings, and materials as if employees of the select committee, and
subject to the same security clearance and confidentiality requirements
as employees of the select committee under this rule.
(c) No Member of the House other than the Speaker and the Minority
Leader may serve on the select committee during more than four
Congresses in any period of six successive Congresses (disregarding for
this purpose any service for less than a full session in any Congress),
except that the incumbent chairman or ranking minority member having
served on the select committee for four Congresses and having served as
chairman or ranking minority member for not more than one Congress shall
be eligible for reappointment to the select committee as chairman or
ranking minority member for one additional Congress.
2. (a) There shall be referred to the select committee all proposed
legislation, messages, petitions, memorials, and other matters relating
to the following:
(1) The Central Intelligence Agency and the Director of Central
Intelligence, and the National Foreign Intelligence Program as defined
in section 3(6) of the National Security Act of 1947.
(2) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including, but not limited
to the tactical intelligence and intelligence-related activities of
the Department of Defense.
(3) The organization or reorganization of any department or agency
of the Government to the extent that the organization or
reorganization relates to a function or activity involving
intelligence or intelligence-related activities.
(4) Authorizations for appropriations, both direct and indirect, for
the following:
(A) The Central Intelligence Agency, Director of Central
Intelligence, and the National Foreign Intelligence Program as
defined in section 3(6) of the National Security Act of 1947.
(B) Intelligence and intelligence-related activities of all other
departments and agencies of the Government, including, but not
limited to, the tactical intelligence and intelligence-related
activities of the Department of Defense.
(C) Any department, agency, or subdivision, or program that is a
successor to any agency or program named or referred to in
subdivision (A) or (B).
(b) Any proposed legislation initially reported by the select
committee, except any legislation involving matters specified in
subparagraph (1) or (4)(A) of paragraph (a), containing any matter
otherwise within the jurisdiction of any standing committee shall, at
the request of the chairman of such standing committee, be referred to
such standing committee by the Speaker for its consideration of such
matter and be reported to the House by such standing committee within
the time prescribed by the Speaker in the referral; and any proposed
legislation initially reported by any committee, other than the select
committee, which contains any matter within the jurisdiction of the
select committee shall, at the request of the chairman of the select
committee, be referred by the Speaker to the select committee for its
consideration of such matter and be reported to the House within the
time prescribed by the Speaker in the referral.
(c) Nothing in this rule shall be construed as prohibiting or
otherwise restricting the authority of any other committee to study and
review any intelligence or intelligence-related activity to the extent
that such activity directly affects a matter otherwise within the
jurisdiction of such committee.
(d) Nothing in this rule shall be construed as amending, limiting, or
otherwise changing the authority of any standing committee of the House
to obtain full and prompt access to the product of the intelligence and
intelligence-related activities of any department or agency of the
Government relevant to a matter otherwise within the jurisdiction of
such committee.
3. (a) The select committee, for the purposes of accountability to the
House, shall make regular and periodic reports to the House on the
nature and extent of the intelligence and intelligence-related
activities of the various departments and agencies of the United States.
Such committee shall promptly call to the attention of the House or to
any other appropriate committee or committees of the House any matters
requiring the attention of the House or such other committee or
committees. In making such reports, the select committee shall proceed
in a manner consistent with clause 7 to protect national security.
(b) The select committee shall obtain an annual report from the
Director of the Central Intelligence Agency, the Secretary of Defense,
the Secretary of State, and the Director of the Federal Bureau of
Investigation. Such reports shall review the intelligence and
intelligence-related activities of the agency or department concerned
and the intelligence and intelligence-related activities of foreign
countries directed at the United States or its interest. An unclassified
version of each report may be made available to the public at the
discretion of the select committee. Nothing herein shall be construed as
requiring the public disclosure in such reports of the names of
individuals engaged in intelligence or intelligence-related activities
for the United States or the divulging of intelligence methods employed
or the sources of information on which such reports are based or the
amount of funds authorized to be appropriated for intelligence and
intelligence-related activities.
(c) Within 6 weeks after the President submits a budget under section
1105(a) of title 31, United States Code, the select committee shall
submit to the Committee on the Budget of the House the views and
estimates described in section 301(d) of the Congressional Budget Act of
1974 regarding matters within the jurisdiction of the select committee.
4. To the extent not inconsistent with the provisions of this rule,
the provisions of clauses 1, 2, 3, and 5 (a), (b), (c), and (6) (a),
(b), (c) of rule XI shall apply to the select committee, except that,
notwithstanding the requirements of the first sentence of clause 2(g)(2)
of rule XI, a majority of those present, there being in attendance the
requisite number required under the rules of the select committee to be
present for the purpose of taking testimony or receiving evidence, may
vote to close a hearing whenever the majority determines that such
testimony or evidence would endanger the national security.
5. No employee of the select committee or any person engaged by con
[[Page 2301]]
tract or otherwise to perform services for or at the request of such
committee shall be given access to any classified information by such
committee unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the House (including the
jurisdiction of the Committee on Standards of Official Conduct and of
the select committee as to the security of such information during and
after the period of his employment or contractual agreement with such
committee); and (2) received an appropriate security clearance as
determined by such committee in consultation with the Director of
Central Intelligence. The type of security clearance to be required in
the case of any such employee or person shall, within the determination
of such committee in consultation with the Director of Central
Intelligence, be commensurate with the sensitivity of the classified
information to which such employee or person will be given access by
such committee.
6. The select committee shall formulate and carry out such rules and
procedures as it deems necessary to prevent the disclosure, without the
consent of the person or persons concerned, of information in the
possession of such committee which unduly infringes upon the privacy or
which violates the constitutional rights of such person or persons.
Nothing herein shall be construed to prevent such committee from
publicly disclosing any such information in any case in which such
committee determines that national interest in the disclosure of such
information clearly outweighs any infringement on the privacy of any
person or persons.
7. (a) The select committee may, subject to the provisions of this
clause, disclose publicly any information in the possession of such
committee after a determination by such committee that the public
interest would be served by such disclosure. Whenever committee action
is required to disclose any information under this clause, the committee
shall meet to vote on the matter within five days after any member of
the committee requests such a vote. No member of the select committee
shall disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the question of the
disclosure of such information or after such vote except in accordance
with this clause.
(b)(1) In any case in which the select committee votes to disclose
publicly any information which has been classified under established
security procedures, which has been submitted to it by the executive
branch, and which the executive branch requests be kept secret, such
committee shall notify the President of such vote.
(2) The select committee may disclose publicly such information after
the expiration of a five-day period following the day on which notice of
such vote is transmitted to the President, unless, prior to the
expiration of such five-day period, the President, personally in
writing, notifies the committee that he objects to the disclosure of
such information, provides his reasons therefor, and certifies that the
threat to the national interest of the United States posed by such
disclosure is of such gravity that it outweighs any public interest in
the disclosure.
(3) If the President, personally, in writing, notifies the select
committee of his objections to the disclosure of such information as
provided in subparagraph (2), such committee may, by majority vote,
refer the question of this disclosure of such information with a
recommendation thereon to the House for consideration. The committee
shall not publicly disclose such information without leave of the House.
(4) Whenever the select committee votes to refer the question of
disclosure of any information to the House under subparagraph (3), the
chairman shall, not later than the first day on which the House is in
session following the day on which the vote occurs, report the matter to
the House for its consideration.
(5) If within four calendar days on which the House is in session,
after such recommendation is reported, no motion has been made by the
chairman of the select committee to consider, in closed session, the
matter reported under subparagraph (4), then such a motion will be
deemed privileged and may be made by any Member. The motion under this
subparagraph shall not be subject to debate or amendment. When made, it
shall be decided without intervening motion, except one motion to
adjourn.
(6) If the House adopts a motion to resolve into closed session, the
Speaker shall then be authorized to declare a recess subject to the call
of the Chair. At the expiration of such recess, the pending question, in
closed session, shall be, ``Shall the House approve the recommendation
of the select committee?''
(7) After not more than two hours of debate on the motion, such debate
to be equally divided and controlled by the chairman and ranking
minority member of the select committee, or their designees, the
previous question shall be considered as ordered and the House, without
intervening motion except one motion to adjourn, shall immediately vote
on the question, in open session but without divulging the information
with respect to which the vote is being taken. If the recommendation of
the select committee is not agreed to, the question shall be deemed
recommitted to the select committee for further recommendation.
(c)(1) No information in the possession of the select committee
relating to the lawful intelligence or intelligence-related activities
of any department or agency of the United States which has been
classified under established security procedures and which the select
committee, pursuant to paragraphs (a) or (b) of this clause, has
determined should not be disclosed shall be made available to any person
by a Member, officer, or employee of the House except as provided in
subparagraphs (2) and (3).
(2) The select committee shall, under such regulations as the
committee shall prescribe, make any information described in
subparagraph (1) available to any other committee or any other Member of
the House and permit any other Member of the House to attend any hearing
of the committee which is closed to the public. Whenever the select
committee makes such information available (other than to the Speaker),
the committee shall keep a written record showing, in the case of any
particular information, which committee or which Members of the House
received such information. No Member of the House who, and no committee
which, receives any information under this subparagraph, shall disclose
such information except in a closed session of the House.
(d) The Committee on Standards of Official Conduct shall investigate
any unauthorized disclosure of intelligence or intelligence-related
information by a Member, officer, or employee of the House in violation
of paragraph (c) and report to the House concerning any allegation which
it finds to be substantiated.
(e) Upon the request of any person who is subject to any such
investigation, the Committee on Standards of Official Conduct shall
release to such individual at the conclusion of its investigation a
summary of its investigation, together with its findings. If, at the
conclusion of its investigation, the Committee on Standards of Official
Conduct determines that there has been a significant breach of
confidentiality or unauthorized disclosure by a Member, officer, or
employee of the House, it shall report its findings to the House and
recommend appropriate action such as censure, removal from committee
membership, or expulsion from the House, in the case of a Member, or
removal from office or employment or punishment for contempt, in the
case of an officer or employee.
8. The select committee is authorized to permit any personal
representative of the President, designated by the President to serve as
a liaison to such committee, to attend any closed meeting of such
committee.
9. Subject to the rules of the House, no funds shall be appropriated
for any fiscal year, with the exception of a continuing bill or
resolution continuing appropriations, or amendment thereto, or
conference report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following activities,
unless such funds shall have been previously authorized by a bill or
joint resolution passed by the House during the same or
[[Page 2302]]
preceding fiscal year to carry out such activity for such fiscal year:
(a) The activities of the Central Intelligence Agency and the
Director of Central Intelligence.
(b) The activities of the Defense Intelligence Agency.
(c) The activities of the National Security Agency.
(d) The intelligence and intelligence-related activities of other
agencies and subdivisions of the Department of Defense.
(e) The intelligence and intelligence-related activities of the
Department of State.
(f) The intelligence and intelligence-related activities of the
Federal Bureau of Investigation, including all activities of the
Intelligence Division.
10. (a) As used in this rule, the term ``intelligence and
intelligence-related activities'' includes (1) the collection, analysis,
production, dissemination, or use of information which relates to any
foreign country, or any government, political group, party, military
force, movement, or other association in such foreign country, and which
relates to the defense, foreign policy, national security, or related
policies of the United States, and other activity which is in support of
such activities; (2) activities taken to counter similar activities
directed against the United States; (3) covert or clandestine activities
affecting the relations of the United States with any foreign
government, political group, party, military force, movement, or other
association; (4) the collection, analysis, production, dissemination, or
use of information about activities of persons within the United States,
its territories and possessions, or nationals of the United States
abroad whose political and related activities pose, or may be considered
by any department, agency, bureau, office, division, instrumentality, or
employee of the United States to pose, a threat to the internal security
of the United States, and covert or clandestine activities directed
against such persons.
(b) As used in this rule, the term ``department or agency'' includes
any organization, committee, council, establishment, or office within
the Federal Government.
(c) For purposes of this rule, reference to any department, agency,
bureau, or subdivision shall include a reference to any successor
department, agency, bureau, or subdivision to the extent that such
successor engages in intelligence or intelligence-related activities now
conducted by the department, agency, bureau, or subdivision referred to
in this rule.
11. Clause 6(a) of rule XXVIII does not apply to conference committee
meetings respecting legislation (or any part thereof) reported from the
Permanent Select Committee on Intelligence.
Rule XLIX
establishment of statutory limit on the public debt
1. Upon the adoption by the Congress (under section 301 or 304 of the
Congressional Budget Act of 1974) of any concurrent resolution on the
budget setting forth as the appropriate level of the public debt for the
period to which such concurrent resolution relates an amount which is
different from the amount of the statutory limit on the public debt that
would otherwise be in effect for such period, the enrolling clerk of the
House of Representatives shall prepare an engrossment of a joint
resolution, in the form prescribed in clause 2, increasing or decreasing
the statutory limit on the public debt. The vote by which the conference
report on the concurrent resolution on the budget was agreed to in the
House (or by which the concurrent resolution itself was adopted in the
House, if there is no conference report) shall be deemed to have been a
vote in favor of such joint resolution upon final passage in the House
of Representatives. Upon the engrossment of such joint resolution it
shall be deemed to have passed the House of Representatives and been
duly certified and examined; the engrossed copy shall be signed by the
Clerk and transmitted to the Senate for further legislative action; and
(upon final passage by both Houses) the joint resolution shall be signed
by the presiding officers of both Houses and presented to the President
for his signature (and otherwise treated for all purposes) in the manner
provided for bills and joint resolutions generally.
2. The matter after the resolving clause in any 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 in with a
limitation equal to the appropriate level of the public debt as set
forth, pursuant to section 301(a)(5) of the Congressional Budget Act of
1974, in the concurrent resolution on the budget (whether such
resolution was adopted under section 301, 304, or 310 of such Act). Only
one joint resolution shall be prepared under clause 1 upon the adoption
of any concurrent resolution on the budget; and, if the concurrent
resolution set forth a different appropriate level of the public debt
(pursuant to such section 301(a)(5)) for each of two separate periods,
the blank referred to in the preceding sentence shall be filled in with
both the limitation which is to apply for the later of the two periods
(specifying the date on which that limitation is to take effect) and the
limitation which is to apply for the earlier of such periods.
3. The report of the Committee on the Budget of the House of
Representatives accompanying any concurrent resolution on the budget
under section 301(d) of the Congressional Budget Act of 1974, as well as
the joint explanatory statement accompanying the conference report on
any concurrent resolution on the budget, shall contain a clear statement
of the effect under this rule that the adoption by both the House and
the Senate of such concurrent resolution in the form in which it is
being reported (and the adoption of the joint resolution thereupon
prepared and enrolled under clause 1) would have upon the statutory
limit on the public debt. It shall not be in order in the House of
Representatives at any time to consider or adopt any concurrent
resolution on the budget (or agree to any conference report thereon) if
at that time the report accompanying such concurrent resolution (or the
joint statement accompanying such conference report) does not comply
with the requirements of this clause.
4. Nothing in this rule shall be construed as limiting or otherwise
affecting the power of the House of Representatives or the Senate to
consider and pass a bill which (without regard to the procedures under
clause 1) changes the statutory limit on the public debt most recently
established under this rule or otherwise; and the rights of Members and
committees of the House with respect to the introduction, consideration,
and reporting of any such bill shall be determined as though this rule
had not been adopted.
5. As used 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), determined under section 3101(b) of title 31 after the
application of section 3101(a) of title 31 which may be outstanding at
any one time.
Rule L
procedure for response to subpoenas
1. When any Member, officer, or employee of the House of
Representatives is properly served with a subpoena or other judicial
order directing appearance as a witness relating to the official
functions of the House or for the production or disclosure of any
documents relating to the official functions of the House, such Member,
officer, or employee shall comply, consistently with the privileges and
rights of the House, with said subpoena or other judicial order as
hereinafter provided, unless otherwise determined pursuant to the
provisions of this rule.
2. Upon receipt of a properly served subpoena or other judicial order
directing appearance as a witness relating to the official functions of
the House or for the production or disclosure of any documents relating
to the official functions of the House, such Member, officer, or
employee shall promptly notify, in writing, the Speaker of its receipt
and such notification shall then be promptly laid before the House by
the
[[Page 2303]]
Speaker, except that during a period of recess or adjournment of longer
than three days, no such notification to the House shall be required.
However, upon the reconvening of the House, such notification shall then
be promptly laid before the House by the Speaker.
3. Once notification has been laid before the House, the Member,
officer, or employee shall determine whether the issuance of the
subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House. The Member, officer, or employee
shall notify the Speaker prior to seeking judicial determination of
these matters.
4. Upon determination whether the subpoena or other judicial order is
a proper exercise of the court's jurisdiction, is material and relevant,
and is consistent with the privileges and rights of the House, the
Member, officer, or employee shall immediately notify, in writing, the
Speaker of such a determination.
5. The Speaker shall inform the House of the determination of whether
the subpoena or other judicial order is a proper exercise of the court's
jurisdiction, is material and relevant, and is consistent with the
privileges and rights of the House, and shall generally describe the
records or information sought, except that during any recess or
adjournment of the House for longer than three days, no such
notification is required. However, upon the reconvening of the House,
such notification shall then be promptly laid before the House by the
Speaker.
6. Upon such notification to the House that said subpoena is a proper
exercise of the court's jurisdiction, is material and relevant, and is
consistent with the privileges and rights of the House, the Member,
officer, or employee shall comply with such subpoena or other judicial
order by supplying certified copies, unless the House adopts a
resolution to the contrary; except that under no circumstances shall any
minutes or transcripts of executive sessions, or any evidence of
witnesses in respect thereto, be disclosed or copied. Should the House
be in recess or adjournment for longer than three days, the Speaker may
authorize compliance or take such other action as he deems appropriate
under the circumstances during the pendency of such recess or
adjournment. And upon the reconvening of the House, all matters having
transpired under this clause shall be laid promptly before the House by
the Speaker.
7. A copy of this rule shall be transmitted by the Clerk of the House
to any of said courts whenever any such subpoena or other judicial order
is issued and served on a Member, officer, or employee of the House.
8. Nothing in this rule shall be construed to deprive, condition or
waive the constitutional or legal rights applicable or available to any
Member, officer, or employee of the House, or of the House itself, or
the right of a Member or the House to assert such privilege or right
before any court in the United States, or the right of the House
thereafter to assert such privilege or immunity before any court in the
United States.
Rule LI
gift rule
1. (a) No Member, officer, or employee of the House of
Representatives shall knowingly accept a gift except as
provided in this rule.
(b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
(2)(A) A gift to a family member of a Member, officer, or
employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time and
place to both a Member, officer, or employee and the spouse
or dependent thereof, only the food or refreshment provided
to the Member, officer, or employee shall be treated as a
gift for purposes of this rule.
(c) The restrictions in paragraph (a) shall not apply to
the following:
(1) Anything for which the Member, officer, or employee
pays the market value, or does not use and promptly returns
to the donor.
(2) A contribution, as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, a lawful contribution
for election to a State or local government office, or
attendance at a fundraising event sponsored by a political
organization described in section 527(e) of the Internal
Revenue Code of 1986.
(3) A gift from a relative as described in section 109(16)
of title I of the Ethics in Government Act of 1978 (Public
Law 95-521).
(4)(A) Anything provided by an individual on the basis of a
personal friendship unless the Member, officer, or employee
has reason to believe that, under the circumstances, the gift
was provided because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
(B) In determining whether a gift is provided on the basis
of personal friendship, the Member, officer, or employee
shall consider the circumstances under which the gift was
offered, such as:
(i) The history of the relationship between the individual
giving the gift and the recipient of the gift, including any
previous exchange of gifts between such individuals.
(ii) Whether to the actual knowledge of the Member,
officer, or employee the individual who gave the gift
personally paid for the gift or sought a tax deduction or
business reimbursement for the gift.
(iii) Whether to the actual knowledge of the Member,
officer, or employee the individual who gave the gift also at
the same time gave the same or similar gifts to other
Members, officers, or employees.
(5) Except as provided in clause 3(c), a contribution or
other payment to a legal expense fund established for the
benefit of a Member, officer, or employee that is otherwise
lawfully made in accordance with the restrictions and
disclosure requirements of the Committee on Standards of
Official Conduct.
(6) Any gift from another Member, officer, or employee of
the Senate or the House of Representatives.
(7) Food, refreshments, lodging, transportation, and other
benefits--
(A) resulting from the outside business or employment
activities (or other outside activities that are not
connected to the duties of the Member, officer, or employee
as an officeholder) of the Member, officer, or employee, or
the spouse of the Member, officer, or employee, if such
benefits have not been offered or enhanced because of the
official position of the Member, officer, or employee and are
customarily provided to others in similar circumstances;
(B) customarily provided by a prospective employer in
connection with bona fide employment discussions; or
(C) provided by a political organization described in
section 527(e) of the Internal Revenue Code of 1986 in
connection with a fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(9) Informational materials that are sent to the office of
the Member, officer, or employee in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
[[Page 2304]]
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment
provided in the presentation of such degrees and awards).
(12) Training (including food and refreshments furnished to
all attendees as an integral part of the training) provided
to a Member, officer, or employee, if such training is in the
interest of the House of Representatives.
(13) Bequests, inheritances, and other transfers at death.
(14) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
(15) Anything which is paid for by the Federal Government,
by a State or local government, or secured by the Government
under a Government contract.
(16) A gift of personal hospitality (as defined in section
109(14) of the Ethics in Government Act) of an individual
other than a registered lobbyist or agent of a foreign
principal.
(17) Free attendance at a widely attended event permitted
pursuant to paragraph (d).
(18) Opportunities and benefits which are--
(A) available to the public or to a class consisting of all
Federal employees, whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
(C) offered to members of an organization, such as an
employees' association or congressional credit union, in
which membership is related to congressional employment and
similar opportunities are available to large segments of the
public through organizations of similar size;
(D) offered to any group or class that is not defined in a
manner that specifically discriminates among Government
employees on the basis of branch of Government or type of
responsibility, or on a basis that favors those of higher
rank or rate of pay;
(E) in the form of loans from banks and other financial
institutions on terms generally available to the public; or
(F) in the form of reduced membership or other fees for
participation in organization activities offered to all
Government employees by professional organizations if the
only restrictions on membership relate to professional
qualifications.
(19) A plaque, trophy, or other item that is substantially
commemorative in nature and which is intended for
presentation.
(20) Anything for which, in an unusual case, a waiver is
granted by the Committee on Standards of Official Conduct.
(21) Food or refreshments of a nominal value offered other
than as a part of a meal.
(22) Donations of products from the State that the Member
represents that are intended primarily for promotional
purposes, such as display or free distribution, and are of
minimal value to any individual recipient.
(23) An item of nominal value such as a greeting card,
baseball cap, or a T-shirt.
(d)(1) A Member, officer, or employee may accept an offer
of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the sponsor
of the event, if--
(A) the Member, officer, or employee participates in the
event as a speaker or a panel participant, by presenting
information related to Congress or matters before Congress,
or by performing a ceremonial function appropriate to the
Member's, officer's, or employee's official position; or
(B) attendance at the event is appropriate to the
performance of the official duties or representative function
of the Member, officer, or employee.
(2) A Member, officer, or employee who attends an event
described in subparagraph (1) may accept a sponsor's
unsolicited offer of free attendance at the event for an
accompanying individual.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with the event.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does not
include entertainment collateral to the event, nor does it
include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
(e) No Member, officer, or employee may accept a gift the
value of which exceeds $250 on the basis of the personal
friendship exception in paragraph (c)(4) unless the Committee
on Standards of Official Conduct issues a written
determination that such exception applies. No determination
under this paragraph is required for gifts given on the basis
of the family relationship exception.
(f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
2. (a)(1) A reimbursement (including payment in kind) to a
Member, officer, or employee from a private source other than
a registered lobbyist or agent of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip or
similar event in connection with the duties of the Member,
officer, or employee as an officeholder shall be deemed to be
a reimbursement to the House of Representatives and not a
gift prohibited by this rule, if the Member, officer, or
employee--
(A) in the case of an employee, receives advance
authorization, from the Member or officer under whose direct
supervision the employee works, to accept reimbursement, and
(B) discloses the expenses reimbursed or to be reimbursed
and the authorization to the Clerk of the House of
Representatives within 30 days after the travel is completed.
(2) For purposes of paragraph (a)(1), events, the
activities of which are substantially recreational in nature,
shall not be considered to be in connection with the duties
of a Member, officer, or employee as an officeholder.
(b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
(1) the name of the employee;
(2) the name of the person who will make the reimbursement;
(3) the time, place, and purpose of the travel; and
(4) a determination that the travel is in connection with
the duties of the employee as an officeholder and would not
create the appearance that the employee is using public
office for private gain.
(c) Each disclosure made under paragraph (a)(1) of expenses
reimbursed or to be reimbursed shall be signed by the Member
or officer (in the case of travel by that Member or officer)
or by the Member or officer under whose direct supervision
the employee works (in the case of travel by an employee) and
shall include--
(1) a good faith estimate of total transportation expenses
reimbursed or to be reimbursed;
(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses reimbursed
or to be reimbursed;
(4) a good faith estimate of the total of other expenses
reimbursed or to be reimbursed;
(5) a determination that all such expenses are necessary
transportation, lodging, and related expenses as defined in
paragraph (d); and
(6) in the case of a reimbursement to a Member or officer,
a determination that the travel was in connection with the
duties of the Member or officer as an officeholder and would
not create the appearance that the
[[Page 2305]]
Member or officer is using public office for private gain.
(d) For the purposes of this clause, the term ``necessary
transportation, lodging, and related expenses''--
(1) includes reasonable expenses that are necessary for
travel for a period not exceeding 4 days within the United
States or 7 days exclusive of travel time outside of the
United States unless approved in advance by the Committee on
Standards of Official Conduct;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and materials, and
food and refreshments, including reimbursement for necessary
transportation, whether or not such transportation occurs
within the periods described in subparagraph (1);
(3) does not include expenditures for recreational
activities, nor does it include entertainment other than that
provided to all attendees as an integral part of the event,
except for activities or entertainment otherwise permissible
under this rule; and
(4) may include travel expenses incurred on behalf of
either the spouse or a child of the Member, officer, or
employee.
(e) The Clerk of the House of Representatives shall make
available to the public all advance authorizations and
disclosures of reimbursement filed pursuant to paragraph (a)
as soon as possible after they are received.
3. A gift prohibited by clause 1(a) includes the following:
(a) Anything provided by a registered lobbyist or an agent
of a foreign principal to an entity that is maintained or
controlled by a Member, officer, or employee.
(b) A charitable contribution (as defined in section 170(c)
of the Internal Revenue Code of 1986) made by a registered
lobbyist or an agent of a foreign principal on the basis of a
designation, recommendation, or other specification of a
Member, officer, or employee (not including a mass mailing or
other solicitation directed to a broad category of persons or
entities), other than a charitable contribution permitted by
clause 4.
(c) A contribution or other payment by a registered
lobbyist or an agent of a foreign principal to a legal
expense fund established for the benefit of a Member,
officer, or employee.
(d) A financial contribution or expenditure made by a
registered lobbyist or an agent of a foreign principal
relating to a conference, retreat, or similar event,
sponsored by or affiliated with an official congressional
organization, for or on behalf of Members, officers, or
employees.
4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee shall
not be considered a gift under this rule if it is reported as
provided in paragraph (b).
(b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in paragraph (a) shall report
within 30 days after such designation or recommendation to
the Clerk of the House of Representatives--
(1) the name and address of the registered lobbyist who is
making the contribution in lieu of honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable organization
designated or recommended by the Member.
The Clerk of the House of Representatives shall make public
information received pursuant to this paragraph as soon as
possible after it is received.
5. For purposes of this rule--
(a) the term ``registered lobbyist'' means a lobbyist
registered under the Federal Regulation of Lobbying Act or
any successor statute; and
(b) the term ``agent of a foreign principal'' means an
agent of a foreign principal registered under the Foreign
Agents Registration Act.
6. All the provisions of this rule shall be interpreted and
enforced solely by the Committee on Standards of Official
Conduct. The Committee on Standards of Official Conduct is
authorized to issue guidance on any matter contained in this
rule.