one hundred eleventh congress

RULES

of the

HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

PREPARED BY

Lorraine C. Miller

Clerk of the House of Representatives

JANUARY 28, 2009

(Rev. 1-28 09)

CONTENTS

Page

RULE I.-The Speaker 1II.-Other Officers and Officials 2

III.-The Members, Delegates, and Resident Commissioner of PuertoRico 3

IV.-The Hall of the House 3V.-Broadcasting the House 4

VI.-Official Reporters and News Media Galleries 4VII.-Records of the House 4

VIII.-Response to Subpoenas 5IX.-- Questions of Privilege 5X.- Organization of Committees 6

XI.-Procedures of Committees and Unfinished Business 16XII.-Receipt and Referral of Measures and Matters 24

XIII.-Calendars and Committee Reports 25XIV.-Order and Priority of Business 27XV.-Business in Order on Special Days 28

XVI.-Motions and Amendments 29XVII.-Decorum and Debate 30

XVIII.-The Committee of the Whole House on the state of the Union 30XIX.-Motions Following the Amendment Stage 32XX.-Voting and Quorum Calls 32

XXI.-Restrictions on Certain Bills 34XXII.-House and Senate Relations 36

XXIII.-Code of Official Conduct 38XXIV.-Limitations on Use of Official Funds 40XXV.-Limitations on Outside Earned Income and Acceptance of Gifts 40

XXVI.-Financial Disclosure 45XXVII.-Disclosure by Members and Staff of Employment Negotiations 53

XXVIII.-Statutory Limit on Public Debt 53XXIX.-General Provisions 53

RULES OF THE HOUSE OF REPRESENTATIVES

ONE HUNDRED ELEVENTH CONGRESS

RULE I

THE SPEAKER

Approval of the Journal

1. The Speaker shall take the Chairon every legislative day precisely atthe hour to which the House last ad-journed and immediately call theHouse to order. Having examined andapproved the Journal of the last day'sproceedings, the Speaker shall an-nounce to the House approval thereof.The Speaker's approval of the Journalshall be deemed agreed to unless aMember, Delegate, or Resident Com-missioner demands a vote thereon. Ifsuch a vote is decided in the affirma-tive, it shall not be subject to a motionto reconsider. If such a vote is decidedin the negative, then one motion thatthe Journal be read shall be privileged,shall be decided without debate, andshall not be subject to a motion to re-consider.

Preservation of order

2. The Speaker shall preserve orderand decorum and, in case of disturb-ance or disorderly conduct in the gal-leries or in the lobby, may cause thesame to be cleared.

Control of Capitol facilities

3. Except as otherwise provided byrule or law, the Speaker shall havegeneral control of the Hall of theHouse, the corridors and passages inthe part of the Capitol assigned to theuse of the House, and the disposal ofunappropriated rooms in that part ofthe Capitol.

Signature of documents

4. The Speaker shall sign all acts andjoint resolutions passed by the twoHouses and all writs, warrants, andsubpoenas of, or issued by order of, theHouse. The Speaker may sign enrolledbills and joint resolutions whether ornot the House is in session.

Questions of order

5. The Speaker shall decide all ques-tions of order, subject to appeal by aMember, Delegate, or Resident Com-missioner. On such an appeal a Mem-ber, Delegate, or Resident Commis-sioner may not speak more than oncewithout permission of the House.

Form of a question

6. The Speaker shall rise to put aquestion but may state it sitting. TheSpeaker shall put a question in thisform: "Those in favor (of the question),say 'Aye.' "; and after the affirmativevoice is expressed, "Those opposed, say'No.' ". After a vote by voice under this

clause, the Speaker may use such vot-ing procedures as may be invokedunder rule XX.

Discretion to vote

7. The Speaker is not required to votein ordinary legislative proceedings, ex-cept when such vote would be decisiveor when the House is engaged in votingby ballot.

Speaker pro tempore

8. (a) The Speaker may appoint aMember to perform the duties of theChair. Except as specified in paragraph(b), such an appointment may not ex-tend beyond three legislative days.

(b)(1) In the case of illness, theSpeaker may appoint a Member to per-form the duties of the Chair for a pe-riod not exceeding 10 days, subject tothe approval of the House. If theSpeaker is absent and has omitted tomake such an appointment, then theHouse shall elect a Speaker pro tem-pore to act during the absence of theSpeaker.

(2) With the approval of the House,the Speaker may appoint a Member toact as Speaker pro tempore only tosign enrolled bills and joint resolutionsfor a specified period of time.

(3)(A) In the case of a vacancy in theoffice of Speaker, the next Member onthe list described in subdivision (B)shall act as Speaker pro tempore untilthe election of a Speaker or a Speakerpro tempore. Pending such election theMember acting as Speaker pro temporemay exercise such authorities of theOffice of Speaker as may be necessaryand appropriate to that end.

(B) As soon as practicable after theelection of the Speaker and wheneverappropriate thereafter, the Speakershall deliver to the Clerk a list ofMembers in the order in which eachshall act as Speaker pro tempore undersubdivision (A).

(C) For purposes of subdivision (A), avacancy in the office of Speaker mayexist by reason of the physical inabil-ity of the Speaker to discharge the du-ties of the office.

Other responsibilities

9. The Speaker, in consultation withthe Minority Leader, shall developthrough an appropriate entity of theHouse a system for drug testing in theHouse. The system may provide for thetesting of a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House, and otherwiseshall be comparable in scope to the sys-tem for drug testing in the executivebranch pursuant to Executive Order

12564 (Sept. 15, 1986). The expenses ofthe system may be paid from applica-ble accounts of the House for officialexpenses.

Designation of travel

10. The Speaker may designate aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse to travel on the business of theHouse within or without the UnitedStates, whether the House is meeting,has recessed, or has adjourned. Ex-penses for such travel may be paidfrom applicable accounts of the Housedescribed in clause 1(j)(1) of rule X onvouchers approved and signed solely bythe Speaker.

Committee appointment

11. The Speaker shall appoint all se-lect, joint, and conference committeesordered by the House. At any timeafter an original appointment, theSpeaker may remove Members, Dele-gates, or the Resident Commissionerfrom, or appoint additional Members,Delegates, or the Resident Commis-sioner to, a select or conference com-mittee. In appointing Members, Dele-gates, or the Resident Commissioner toconference committees, the Speakershall appoint no less than a majoritywho generally supported the House po-sition as determined by the Speaker,shall name those who are primarily re-sponsible for the legislation, and shall,to the fullest extent feasible, includethe principal proponents of the majorprovisions of the bill or resolutionpassed or adopted by the House.

Recess and convening authorities

12. (a) To suspend the business of theHouse for a short time when no ques-tion is pending before the House, theSpeaker may declare a recess subjectto the call of the Chair.

(b)(1) To suspend the business of theHouse when notified of an imminentthreat to its safety, the Speaker maydeclare an emergency recess subject tothe call of the Chair.

(2) To suspend the business of theCommittee of the Whole House on thestate of the Union when notified of animminent threat to its safety, theChair of the Committee of the Wholemay declare an emergency recess sub-ject to the call of the Chair.

(c) During any recess or adjournmentof not more than three days, if theSpeaker is notified by the Sergeant-at-Arms of an imminent impairment ofthe place of reconvening at the timepreviously appointed, then the Speaker

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may, in consultation with the MinorityLeader-

(1) postpone the time for recon-vening within the limits of clause 4,section 5, article I of the Constitu-tion and notify Members accordingly;or

(2) reconvene the House before thetime previously appointed solely todeclare the House in recess withinthe limits of clause 4, section 5, arti-cle I of the Constitution and notifyMembers accordingly.(d) The Speaker may convene the

House in a place at the seat of govern-ment other than the Hall of the Housewhenever, in the opinion of the Speak-er, the public interest shall warrant it.

RULE II

OTHER OFFICERS AND OFFICIALS

Elections

1. There shall be elected at the com-mencement of each Congress, to con-tinue in office until their successorsare chosen and qualified, a Clerk, aSergeant-at-Arms, a Chief Administra-tive Officer, and a Chaplain. Each ofthese officers shall take an oath to sup-port the Constitution of the UnitedStates, and for the true and faithful ex-ercise of the duties of the office to thebest of the knowledge and ability ofthe officer, and to keep the secrets ofthe House. Each of these officers shallappoint all of the employees of the de-partment concerned provided for bylaw. The Clerk, Sergeant-at-Arms, andChief Administrative Officer may beremoved by the House or by the Speak-er.

Clerk

2. (a) At the commencement of thefirst session of each Congress, theClerk shall call the Members, Dele-gates, and Resident Commissioner toorder and proceed to record their pres-ence by States in alphabetical order,either by call of the roll or by use ofthe electronic voting system. Pendingthe election of a Speaker or Speakerpro tempore, the Clerk shall preserveorder and decorum and decide all ques-tions of order, subject to appeal by aMember, Delegate, or Resident Com-missioner.

(b) At the commencement of everyregular session of Congress, the Clerkshall make and cause to be delivered toeach Member, Delegate, and the Resi-dent Commissioner a list of the reportsthat any officer or Department is re-quired to make to Congress, citing thelaw or resolution in which the require-ment may be contained and placingunder the name of each officer the listof reports required to be made by suchofficer.

(c) The Clerk shall-(1) note all questions of order, with

the decisions thereon, the record ofwhich shall be appended to the Jour-nal of each session;

(2) enter on the Journal the hour atwhich the House adjourns;

(3) complete the distribution of theJournal to Members, Delegates, and

the Resident Commissioner, togetherwith an accurate and complete index,as soon as possible after the close ofa session; and

(4) send a copy of the Journal tothe executive of and to each branchof the legislature of every State asmay be requested by such State offi-cials.(d)(1) The Clerk shall attest and affix

the seal of the House to all writs, war-rants, and subpoenas issued by order ofthe House and certify the passage of allbills and joint resolutions.

(2) The Clerk shall examine all bills,amendments, and joint resolutionsafter passage by the House and, in co-operation with the Senate, examine allbills and joint resolutions that havepassed both Houses to see that they arecorrectly enrolled and forthwithpresent those bills and joint resolu-tions that originated in the House tothe President in person after their sig-nature by the Speaker and the Presi-dent of the Senate, and report to theHouse the fact and date of their pre-sentment.

(e) The Clerk shall cause the cal-endars of the House to be distributedeach legislative day.

(f) The Clerk shall-(1) retain in the library at the Of-

fice of the Clerk for the use of theMembers, Delegates, Resident Com-missioner, and officers of the House,and not to be withdrawn therefrom,two copies of all the books and print-ed documents deposited there; and

(2) deliver to any Member, Dele-gate, or the Resident Commissioneran extra copy of each document re-quested by that Member, Delegate, orResident Commissioner that has beenprinted by order of either House ofCongress in any Congress in whichthe Member, Delegate, or ResidentCommissioner served.(g) The Clerk shall provide for the

temporary absence or disability of theClerk by designating an official in theOffice of the Clerk to sign all papersthat may require the official signatureof the Clerk and to perform all otherofficial acts that the Clerk may be re-quired to perform under the rules andpractices of the House, except such of-ficial acts as are provided for by stat-ute. Official acts performed by the des-ignated official shall be under thename of the Clerk. The designationshall be in writing and shall be laid be-fore the House and entered on theJournal.

(h) The Clerk may receive messagesfrom the President and from the Sen-ate at any time when the House is inrecess or adjournment.

(i)(1) The Clerk shall supervise thestaff and manage the office of a Mem-ber, Delegate, or Resident Commis-sioner who has died, resigned, or beenexpelled until a successor is elected.The Clerk shall perform similar dutiesin the event that a vacancy is declaredby the House in any congressional dis-trict because of the incapacity of theperson representing such district or

other reason. When acting as a super-visory authority over such staff, theClerk shall have authority to termi-nate employees and, with the approvalof the Committee on House Adminis-tration, may appoint such staff as isrequired to operate the office until asuccessor is elected.

(2) For 60 days following the death ofa former Speaker, the Clerk shallmaintain on the House payroll, andshall supervise in the same manner,staff appointed under House Resolution1238, Ninety-first Congress (as enactedinto permanent law by chapter VIII ofthe Supplemental Appropriations Act,1971) (2 U.S.C. 31b-5).

(j) In addition to any other reportsrequired by the Speaker or the Com-mittee on House Administration, theClerk shall report to the Committee onHouse Administration not later than 45days following the close of each semi-annual period ending on June 30 or onDecember 31 on the financial and oper-ational status of each function underthe jurisdiction of the Clerk. Each re-port shall include financial statementsand a description or explanation of cur-rent operations, the implementation ofnew policies and procedures, and futureplans for each function.

(k) The Clerk shall fully cooperatewith the appropriate offices and per-sons in the performance of reviews andaudits of financial records and admin-istrative operations.

Sergeant-at-Arms

3. (a) The Sergeant-at-Arms shall at-tend the House during its sittings andmaintain order under the direction ofthe Speaker or other presiding officer.The Sergeant-at-Arms shall executethe commands of the House, and allprocesses issued by authority thereof,directed to the Sergeant-at-Arms bythe Speaker.

(b) The symbol of the office of theSergeant-at-Arms shall be the mace,which shall be borne by the Sergeant-at-Arms while enforcing order on thefloor.

(c) The Sergeant-at-Arms shall en-force strictly the rules relating to theprivileges of the Hall of the House andbe responsible to the House for the offi-cial conduct of employees of the officeof the Sergeant-at-Arms.

(d) The Sergeant-at-Arms may notallow a person to enter the room overthe Hall of the House during itssittings and, from 15 minutes beforethe hour of the meeting of the Houseeach day until 10 minutes after ad-journment, shall see that the floor iscleared of all persons except those priv-ileged to remain.

(e) In addition to any other reportsrequired by the Speaker or the Com-mittee on House Administration, theSergeant-at-Arms shall report to theCommittee on House Administrationnot later than 45 days following theclose of each semiannual period endingon June 30 or on December 31 on the fi-nancial and operational status of eachfunction under the jurisdiction of the


Sergeant-at-Arms. Each report shallinclude financial statements and a de-scription or explanation of current op-erations, the implementation of newpolicies and procedures, and futureplans for each function.

(f) The Sergeant-at-Arms shall fullycooperate with the appropriate officesand persons in the performance of re-views and audits of financial recordsand administrative operations.

Chief Administrative Officer

4. (a) The Chief Administrative Offi-cer shall have operational and finan-cial responsibility for functions as as-signed by the Committee on House Ad-ministration and shall be subject tothe oversight of the Committee onHouse Administration.

(b) In addition to any other reportsrequired by the Committee on HouseAdministration, the Chief Administra-tive Officer shall report to the Com-mittee on House Administration notlater than 45 days following the closeof each semiannual period ending onJune 30 or December 31 on the financialand operational status of each functionunder the jurisdiction of the Chief Ad-ministrative Officer. Each report shallinclude financial statements and a de-scription or explanation of current op-erations, the implementation of newpolicies and procedures, and futureplans for each function.

(c) The Chief Administrative Officershall fully cooperate with the appro-priate offices and persons in the per-formance of reviews and audits of fi-nancial records and administrative op-erations.

Chaplain

5. The Chaplain shall offer a prayerat the commencement of each day'ssitting of the House.

Office of Inspector General

6. (a) There is established an Office ofInspector General.

(b) The Inspector General shall be ap-pointed for a Congress by the Speaker,the Majority Leader, and the MinorityLeader, acting jointly.

(c) Subject to the policy directionand oversight of the Committee onHouse Administration, the InspectorGeneral shall only-

(1) provide audit, investigative, andadvisory services to the House andjoint entities in a manner consistentwith government-wide standards;

(2) inform the officers or other offi-cials who are the subject of an auditof the results of that audit and sug-gesting appropriate curative actions;

(3) simultaneously notify theSpeaker, the Majority Leader, theMinority Leader, and the chair andranking minority member of theCommittee on House Administrationin the case of any financial irregu-larity discovered in the course of car-rying out responsibilities under thisclause;

(4) simultaneously submit to theSpeaker, the Majority Leader, theMinority Leader, and the chair and

ranking minority member of theCommittee on House Administrationa report of each audit conductedunder this clause; and

(5) report to the Committee onStandards of Official Conduct infor-mation involving possible violationsby a Member, Delegate, ResidentCommissioner, officer, or employeeof the House of any rule of the Houseor of any law applicable to the per-formance of official duties or the dis-charge of official responsibilitiesthat may require referral to the ap-propriate Federal or State authori-ties under clause 3(a)(3) of rule XI.

Office of the Historian

7. There is established an Office ofthe Historian of the House of Rep-resentatives. The Speaker shall ap-point and set the annual rate of pay foremployees of the Office of the Histo-rian.

Office of General Counsel

8. There is established an Office ofGeneral Counsel for the purpose of pro-viding legal assistance and representa-tion to the House. Legal assistance andrepresentation shall be provided with-out regard to political affiliation. TheOffice of General Counsel shall func-tion pursuant to the direction of theSpeaker, who shall consult with a Bi-partisan Legal Advisory Group, whichshall include the majority and minor-ity leaderships. The Speaker shall ap-point and set the annual rate of pay foremployees of the Office of GeneralCounsel.

RULE III

THE MEMBERS, DELEGATES, ANDRESIDENT COMMISSIONER OF PUERTO

RIco

Voting

1. Every Member shall be presentwithin the Hall of the House during itssittings, unless excused or necessarilyprevented, and shall vote on each ques-tion put, unless having a direct per-sonal or pecuniary interest in theevent of such question.

2. (a) A Member may not authorizeany other person to cast the vote ofsuch Member or record the presence ofsuch Member in the House or the Com-mittee of the Whole House on the stateof the Union.

(b) No other person may cast a Mem-ber's vote or record a Member's pres-ence in the House or the Committee ofthe Whole House on the state of theUnion.

Delegates and the ResidentCommissioner

3. (a) In a Committee of the WholeHouse on the state of the Union, eachDelegate and the Resident Commis-sioner shall possess the same powersand privileges as Members of theHouse. Each Delegate and the ResidentCommissioner shall be elected to serveon standing committees in the samemanner as Members of the House andshall possess in such committees the

same powers and privileges as theother members of the committee.

(b) The Delegates and the ResidentCommissioner may be appointed to anyselect committee and to any con-ference committee.

RULE IV

THE HALL OF THE HOUSE

Use and admittance

1. The Hall of the House shall be usedonly for the legislative business of theHouse and for caucus and conferencemeetings of its Members, except whenthe House agrees to take part in anyceremonies to be observed therein. TheSpeaker may not entertain a motionfor the suspension of this clause.

2. (a) Only the following persons shallbe admitted to the Hall of the House orrooms leading thereto:

(1) Members of Congress, Members-elect, and contestants in electioncases during the pendency of theircases on the floor.

(2) The Delegates and the ResidentCommissioner.

(3) The President and Vice Presi-dent of the United States and theirprivate secretaries.

(4) Justices of the Supreme Court.(5) Elected officers and minority

employees nominated as elected offi-cers of the House.

(6) The Parliamentarian.(7) Staff of committees when busi-

ness from their committee is underconsideration, and staff of the respec-tive party leaderships when so as-signed with the approval of theSpeaker.

(8) Not more than one person fromthe staff of a Member, Delegate, orResident Commissioner when thatMember, Delegate, or Resident Com-missioner has an amendment underconsideration (subject to clause 5).

(9) The Architect of the Capitol.(10) The Librarian of Congress and

the assistant in charge of the Law Li-brary.

(11) The Secretary and Sergeant-at-Arms of the Senate.

(12) Heads of departments.(13) Foreign ministers.(14) Governors of States.(15) Former Members, Delegates,

and Resident Commissioners; formerParliamentarians of the House; andformer elected officers and minorityemployees nominated as elected offi-cers of the House (subject to clause4).

(16) One attorney to accompany aMember, Delegate, or Resident Com-missioner who is the respondent inan investigation undertaken by theCommittee on Standards of OfficialConduct when a recommendation ofthat committee is under consider-ation in the House.

(17) Such persons as have, by name,received the thanks of Congress.(b) The Speaker may not entertain a

unanimous consent request or a motionto suspend this clause.

3. (a) Except as provided in paragraph(b), all persons not entitled to the

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privilege of the floor during the sessionshall be excluded at all times from theHall of the House and the cloakrooms.

(b) Until 15 minutes of the hour ofthe meeting of the House, persons em-ployed in its service, accredited mem-bers of the press entitled to admissionto the press gallery, and other personson request of a Member, Delegate, orResident Commissioner by card or inwriting, may be admitted to the Hall ofthe House.

4. (a) A former Member, Delegate, orResident Commissioner; a former Par-liamentarian of the House; or a formerelected officer of the House or formerminority employee nominated as anelected officer of the House shall not beentitled to the privilege of admissionto the Hall of the House and roomsleading thereto if such individual-

(1) is a registered lobbyist or agentof a foreign principal as those termsare defined in clause 5 of rule XXV;

(2) has any direct personal or pecu-niary interest in any legislativemeasure pending before the House orreported by a committee; or

(3) is in the employ of or representsany party or organization for thepurpose of influencing, directly or in-directly, the passage, defeat, oramendment of any legislative pro-posal.(b) The Speaker may promulgate reg-

ulations to carry out this rule includ-ing regulations that exempt ceremo-nial or educational functions from therestrictions of this clause.

5. A person from the staff of a Mem-ber, Delegate, or Resident Commis-sioner may be admitted to the Hall ofthe House or rooms leading theretounder clause 2 only upon prior noticeto the Speaker. Such persons, and per-sons from the staff of committees ad-mitted under clause 2, may not engagein efforts in the Hall of the House orrooms leading thereto to influenceMembers with regard to the legislationbeing amended. Such persons shall re-main at the desk and are admitted onlyto advise the Member, Delegate, Resi-dent Commissioner, or committee re-sponsible for their admission. A personwho violates this clause may be ex-cluded during the session from the Hallof the House and rooms leading theretoby the Speaker.

Gallery

6. (a) The Speaker shall set aside aportion of the west gallery for the useof the President, the members of theCabinet, justices of the Supreme Court,foreign ministers and suites, and themembers of their respective families.The Speaker shall set aside anotherportion of the same gallery for the ac-commodation of persons to be admittedon the cards of Members, Delegates, orthe Resident Commissioner.

(b) The Speaker shall set aside thesoutherly half of the east gallery forthe use of the families of Members ofCongress. The Speaker shall controlone bench. On the request of a Member,Delegate, Resident Commissioner, or

Senator, the Speaker shall issue a cardof admission to the family of such indi-vidual, which may include their visi-tors. No other person shall be admittedto this section.

Prohibition on campaign contributions

7. A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House, or any other person entitledto admission to the Hall of the Houseor rooms leading thereto by this rule,may not knowingly distribute a polit-ical campaign contribution in the Hallof the House or rooms leading thereto.

RULE V

BROADCASTING THE HOUSE

1. The Speaker shall administer, di-rect, and control a system for closed-circuit viewing of floor proceedings ofthe House in the offices of all Members,Delegates, the Resident Commissioner,and committees and in such otherplaces in the Capitol and the House Of-fice Buildings as the Speaker considersappropriate. Such system may includeother telecommunications functions asthe Speaker considers appropriate. Anysuch telecommunications shall be sub-ject to rules and regulations issued bythe Speaker.

2. (a) The Speaker shall administer,direct, and control a system for com-plete and unedited audio and visualbroadcasting and recording of the pro-ceedings of the House. The Speakershall provide for the distribution ofsuch broadcasts and recordings to newsmedia, for the storage of audio andvideo recordings of the proceedings,and for the closed-captioning of theproceedings for hearing-impaired per-sons.

(b) All television and radio broad-casting stations, networks, services,and systems (including cable systems)that are accredited to the House Radioand Television Correspondents' Gal-leries, and all radio and television cor-respondents who are so accredited,shall be provided access to the live cov-erage of the House.

(c) Coverage made available underthis clause, including any recordingthereof-

(1) may not be used for any polit-ical purpose;

(2) may not be used in any commer-cial advertisement; and

(3) may not be broadcast with com-mercial sponsorship except as part ofa bona fide news program or publicaffairs documentary program.3. The Speaker may delegate any of

the responsibilities under this rule tosuch legislative entity as the Speakerconsiders appropriate.

RULE VI

OFFICIAL REPORTERS AND NEWS MEDIA

GALLERIES

Official reporters

1. Subject to the direction and con-trol of the Speaker, the Clerk shall ap-point, and may remove for cause, theofficial reporters of the House, includ-ing stenographers of committees, and

shall supervise the execution of theirduties.

News media galleries

2. A portion of the gallery over theSpeaker's chair as may be necessary toaccommodate representatives of thepress wishing to report debates andproceedings shall be set aside for theiruse. Reputable reporters and cor-respondents shall be admitted theretounder such regulations as the Speakermay prescribe from time to time. TheStanding Committee of Correspondentsfor the Press Gallery, and the Execu-tive Committee of Correspondents forthe Periodical Press Gallery, shall su-pervise such galleries, including thedesignation of its employees, subject tothe direction and control of the Speak-er. The Speaker may assign one seat onthe floor to Associated Press reportersand one to United Press Internationalreporters, and may regulate their occu-pation. The Speaker may admit to thefloor, under such regulations as theSpeaker may prescribe, one additionalrepresentative of each press associa-tion.

3. A portion of the gallery as may benecessary to accommodate reporters ofnews to be disseminated by radio, tele-vision, and similar means of trans-mission, wishing to report debates andproceedings, shall be set aside for theiruse. Reputable reporters and cor-respondents shall be admitted theretounder such regulations as the Speakermay prescribe. The Executive Com-mittee of the Radio and Television Cor-respondents' Galleries shall supervisesuch gallery, including the designationof its employees, subject to the direc-tion and control of the Speaker. TheSpeaker may admit to the floor, undersuch regulations as the Speaker mayprescribe, one representative of the Na-tional Broadcasting Company, one ofthe Columbia Broadcasting System,and one of the American BroadcastingCompany.

RULE VIIRECORDS OF THE HOUSE

Archiving

1. (a) At the end of each Congress, thechair of each committee shall transferto the Clerk any noncurrent records ofsuch committee, including the sub-committees thereof.

(b) At the end of each Congress, eachofficer of the House elected under ruleII shall transfer to the Clerk any non-current records made or acquired inthe course of the duties of such officer.

2. The Clerk shall deliver the recordstransferred under clause 1, togetherwith any other noncurrent records ofthe House, to the Archivist of theUnited States for preservation at theNational Archives and Records Admin-istration. Records so delivered are thepermanent property of the House andremain subject to this rule and anyorder of the House.

Public availability

3. (a) The Clerk shall authorize theArchivist to make records delivered


under clause 2 available for public use,subject to clause 4(b) and any order ofthe House.

(b)(1) A record shall immediately bemade available if it was previouslymade available for public use by theHouse or a committee or a sub-committee.

(2) An investigative record that con-tains personal data relating to a spe-cific living person (the disclosure ofwhich would be an unwarranted inva-sion of personal privacy), an adminis-trative record relating to personnel, ora record relating to a hearing that wasclosed under clause 2(g)(2) of rule XIshall be made available if it has been inexistence for 50 years.

(3) A record for which a time, sched-ule, or condition for availability isspecified by order of the House shall bemade available in accordance with thatorder. Except as otherwise provided byorder of the House, a record of a com-mittee for which a time, schedule, orcondition for availability is specifiedby order of the committee (enteredduring the Congress in which therecord is made or acquired by the com-mittee) shall be made available in ac-cordance with the order of the com-mittee.

(4) A record (other than a record re-ferred to in subparagraph (1), (2), or (3))shall be made available if it has been inexistence for 30 years.

4. (a) A record may not be madeavailable for public use under clause 3if the Clerk determines that such avail-ability would be detrimental to thepublic interest or inconsistent with therights and privileges of the House. TheClerk shall notify in writing the chairand ranking minority member of theCommittee on House Administration ofany such determination.

(b) A determination of the Clerkunder paragraph (a) is subject to laterorders of the House and, in the case ofa record of a committee, later orders ofthe committee.

5. (a) This rule does not supersederule VIII or clause 11 of rule X and doesnot authorize the public disclosure ofany record if such disclosure is prohib-ited by law or executive order of thePresident.

(b) The Committee on House Admin-istration may prescribe guidelines andregulations governing the applicabilityand implementation of this rule.

(c) A committee may withdraw fromthe National Archives and Records Ad-ministration any record of the com-mittee delivered to the Archivist underthis rule. Such a withdrawal shall beon a temporary basis and for officialuse of the committee.Definition of record

6. In this rule the term "record"means any official, permanent recordof the House (other than a record of anindividual Member, Delegate, or Resi-dent Commissioner), including--

(a) with respect to a committee, anofficial, permanent record of thecommittee (including any record of a

legislative, oversight, or other activ-ity of such committee or a sub-committee thereof); and

(b) with respect to an officer of theHouse elected under rule II, an offi-cial, permanent record made or ac-quired in the course of the duties ofsuch officer.

Withdrawal of papers

7. A memorial or other paper pre-sented to the House may not be with-drawn from its files without its leave.If withdrawn certified copies thereofshall be left in the office of the Clerk.When an act passes for the settlementof a claim, the Clerk may transmit tothe officer charged with the settlementthereof the papers on file in the officeof the Clerk relating to such claim.The Clerk may lend temporarily to anofficer or bureau of the executive de-partments any papers on file in the of-fice of the Clerk relating to any matterpending before such officer or bureau,taking proper receipt therefor.

RULE VIII

RESPONSE TO SUBPOENAS

1. When a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House is properly servedwith a judicial or administrative sub-poena or judicial order directing ap-pearance as a witness relating to theofficial functions of the House or forthe production or disclosure of anydocument relating to the official func-tions of the House, such Member, Dele-gate, Resident Commissioner, officer,or employee shall comply, consistentlywith the privileges and rights of theHouse, with the judicial or administra-tive subpoena or judicial order as here-inafter provided, unless otherwise de-termined under this rule.

2. Upon receipt of a properly servedjudicial or administrative subpoena orjudicial order described in clause 1, aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse shall promptly notify the Speak-er of its receipt in writing. Such notifi-cation shall promptly be laid beforethe House by the Speaker. During a pe-riod of recess or adjournment of longerthan three days, notification to theHouse is not required until the recon-vening of the House, when the notifica-tion shall promptly be laid before theHouse by the Speaker.

3. Once notification has been laid be-fore the House, the Member, Delegate,Resident Commissioner, officer, or em-ployee of the House shall determinewhether the issuance of the judicial oradministrative subpoena or judicialorder described in clause 1 is a properexercise of jurisdiction by the court, ismaterial and relevant, and is con-sistent with the privileges and rights ofthe House. Such Member, Delegate,Resident Commissioner, officer, or em-ployee shall notify the Speaker beforeseeking judicial determination of thesematters.

4. Upon determination whether a ju-dicial or administrative subpoena or

judicial order described in clause 1 is aproper exercise of jurisdiction by thecourt, is material and relevant, and isconsistent with the privileges andrights of the House, the Member, Dele-gate, Resident Commissioner, officer,or employee of the House shall imme-diately notify the Speaker of the deter-mination in writing.

5. The Speaker shall inform theHouse of a determination whether a ju-dicial or administrative subpoena orjudicial order described in clause 1 is aproper exercise of jurisdiction by thecourt, is material and relevant, and isconsistent with the privileges andrights of the House. In so informing theHouse, the Speaker shall generally de-scribe the records or informationsought. During a period of recess or ad-journment of longer than three days,such notification is not required untilthe reconvening of the House, when thenotification shall promptly be laid be-fore the House by the Speaker.

6. (a) Except as specified in paragraph(b) or otherwise ordered by the House,upon notification to the House that ajudicial or administrative subpoena orjudicial order described in clause 1 is aproper exercise of jurisdiction by thecourt, is material and relevant, and isconsistent with the privileges andrights of the House, the Member, Dele-gate, Resident Commissioner, officer,or employee of the House shall complywith the judicial or administrative sub-poena or judicial order by supplyingcertified copies.

(b) Under no circumstances may min-utes or transcripts of executive ses-sions, or evidence of witnesses in re-spect thereto, be disclosed or copied.During a period of recess or adjourn-ment of longer than three days, theSpeaker may authorize compliance ortake such other action as the Speakerconsiders appropriate under the cir-cumstances. Upon the reconvening ofthe House, all matters that transpiredunder this clause shall promptly belaid before the House by the Speaker.

7. A copy of this rule shall be trans-mitted by the Clerk to the court whena judicial or administrative subpoenaor judicial order described in clause 1 isissued and served on a Member, Dele-gate, Resident Commissioner, officer,or employee of the House.

8. Nothing in this rule shall be con-strued to deprive, condition, or waivethe constitutional or legal privileges orrights applicable or available at anytime to a Member, Delegate, ResidentCommissioner, officer, or employee ofthe House, or of the House itself, or theright of such Member, Delegate, Resi-dent Commissioner, officer, or em-ployee, or of the House itself, to assertsuch privileges or rights before a courtin the United States.

RULE IX

QUESTIONS OF PRIVILEGE

1. Questions of privilege shall be,first, those affecting the rights of theHouse collectively, its safety, dignity,and the integrity of its proceedings;

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and second, those affecting the rights,reputation, and conduct of Members,Delegates, or the Resident Commis-sioner, individually, in their represent-ative capacity only.

2. (a)(1) A resolution reported as aquestion of the privileges of the House,or offered from the floor by the Major-ity Leader or the Minority Leader as aquestion 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 ques-tions except motions to adjourn. A res-olution offered from the floor by aMember, Delegate, or Resident Com-missioner other than the MajorityLeader or the Minority Leader as aquestion of the privileges of the Houseshall have precedence of all other ques-tions except motions to adjourn onlyat a time or place, designated by theSpeaker, in the legislative schedulewithin two legislative days after theday on which the proponent announcesto the House an intention to offer theresolution and the form of the resolu-tion. Oral announcement of the form ofthe resolution may be dispensed withby unanimous consent.

(2) The time allotted for debate on aresolution offered from the floor as aquestion of the privileges of the Houseshall be equally divided between (A)the proponent of the resolution, and(B) the Majority Leader, the MinorityLeader, or a designee, as determined bythe Speaker.

(b) A question of personal privilegeshall have precedence of all other ques-tions except motions to adjourn.

RULE X

ORGANIZATION OF COMMITTEES

Committees and their legislativejurisdictions

1. There shall be in the House the fol-lowing standing committees, each ofwhich shall have the jurisdiction andrelated functions assigned by thisclause and clauses 2, 3, and 4. All bills,resolutions, and other matters relatingto subjects within the jurisdiction ofthe standing committees listed in thisclause shall be referred to those com-mittees, in accordance with clause 2 ofrule XII, as follows:

(a) Committee on Agriculture.(1) Adulteration of seeds, insect

pests, and protection of birds andanimals in forest reserves.

(2) Agriculture generally.(3) Agricultural and industrial

chemistry.(4) Agricultural colleges and ex-

periment stations.(5) Agricultural economics and

research.(6) Agricultural education exten-

sion services.(7) Agricultural production and

marketing and stabilization ofprices of agricultural products, andcommodities (not including dis-tribution outside of the UnitedStates).

(8) Animal industry and diseasesof animals.

(9) Commodity exchanges.(10) Crop insurance and soil con-

servation.(11) Dairy industry.(12) Entomology and plant quar-

antine.(13) Extension of farm credit and

farm security.(14) Inspection of livestock, poul-

try, meat products, and seafood andseafood products.

(15) Forestry in general and for-est reserves other than those cre-ated from the public domain.

(16) Human nutrition and homeeconomics.

(17) Plant industry, soils, and ag-ricultural engineering.

(18) Rural electrification.(19) Rural development.(20) Water conservation related to

activities of the Department of Ag-riculture.(b) Committee on Appropriations.

(1) Appropriation of the revenuefor the support of the Government.

(2) Rescissions of appropriationscontained in appropriation Acts.

(3) Transfers of unexpended bal-ances.

(4) Bills and joint resolutions re-ported by other committees thatprovide new entitlement authorityas defined in section 3(9) of theCongressional Budget Act of 1974and referred to the committeeunder clause 4(a)(2).(c) Committee on Armed Services.

(1) Ammunition depots; forts; ar-senals; and Army, Navy, and AirForce reservations and establish-ments.

(2) Common defense generally.(3) Conservation, development,

and use of naval petroleum and oilshale reserves.

(4) The Department of Defensegenerally, including the Depart-ments of the Army, Navy, and AirForce, generally.

(5) Interoceanic canals generally,including measures relating to themaintenance, operation, and ad-ministration of interoceanic ca-nals.

(6) Merchant Marine Academyand State Maritime Academies.

(7) Military applications of nu-clear energy.

(8) Tactical intelligence and in-telligence-related activities of theDepartment of Defense.

(9) National security aspects ofmerchant marine, including finan-cial assistance for the constructionand operation of vessels, mainte-nance of the U.S. shipbuilding andship repair industrial base, cabo-tage, cargo preference, and mer-chant marine officers and seamenas these matters relate to the na-tional security.

(10) Pay, promotion, retirement,and other benefits and privileges ofmembers of the armed forces.

(11) Scientific research and devel-opment in support of the armedservices.

(12) Selective service.(13) Size and composition of the

Army, Navy, Marine Corps, and AirForce.

(14) Soldiers' and sailors' homes.(15) Strategic and critical mate-

rials necessary for the common de-fense.(d) Committee on the Budget.

(1) Concurrent resolutions on thebudget (as defined in section 3(4) ofthe Congressional Budget Act of1974), other matters required to bereferred to the committee under ti-tles III and IV of that Act, andother measures setting forth appro-priate levels of budget totals forthe United States Government.

(2) Budget process generally.(3) Establishment, extension, and

enforcement of special controlsover the Federal budget, includingthe budgetary treatment of off-budget Federal agencies and meas-ures providing exemption from re-duction under any order issuedunder part C of the Balanced Budg-et and Emergency Deficit ControlAct of 1985.(e) Committee on Education and

Labor.(1) Child labor.(2) Gallaudet University and

Howard University and Hospital.(3) Convict labor and the entry of

goods made by convicts into inter-state commerce.

(4) Food programs for children inschools.

(5) Labor standards and statis-tics.

(6) Education or labor generally.(7) Mediation and arbitration of

labor disputes.(8) Regulation or prevention of

importation of foreign laborersunder contract.

(9) Workers' compensation.(10) Vocational rehabilitation.(11) Wages and hours of labor.(12) Welfare of miners.(13) Work incentive programs.

(f) Committee on Energy and Com-merce.

(1) Biomedical research and de-velopment.

(2) Consumer affairs and con-sumer protection.

(3) Health and health facilities(except health care supported bypayroll deductions).

(4) Interstate energy compacts.(5) Interstate and foreign com-

merce generally.(6) Exploration, production, stor-

age, supply, marketing, pricing,and regulation of energy resources,including all fossil fuels, solar en-


ergy, and other unconventional orrenewable energy resources.

(7) Conservation of energy re-sources.

(8) Energy information generally.(9) The generation and marketing

of power (except by federally char-tered or Federal regional powermarketing authorities); reliabilityand interstate transmission of, andratemaking for, all power; andsiting of generation facilities (ex-cept the installation of inter-connections between Governmentwaterpower projects).

(10) General management of theDepartment of Energy and manage-ment and all functions of the Fed-eral Energy Regulatory Commis-sion.

(11) National energy policy gen-erally.

(12) Public health and quarantine.(13) Regulation of the domestic

nuclear energy industry, includingregulation of research and develop-ment reactors and nuclear regu-latory research.

(14) Regulation of interstate andforeign communications.

(15) Travel and tourism.The committee shall have the samejurisdiction with respect to regula-tion of nuclear facilities and of use ofnuclear energy as it has with respectto regulation of nonnuclear facilitiesand of use of nonnuclear energy.

(g) Committee on Financial Serv-ices.

(1) Banks and banking, includingdeposit insurance and Federal mon-etary policy.

(2) Economic stabilization, de-fense production, renegotiation,and control of the price of commod-ities, rents, and services.

(3) Financial aid to commerceand industry (other than transpor-tation).

(4) Insurance generally.(5) International finance.(6) International financial and

monetary organizations.(7) Money and credit, including

currency and the issuance of notesand redemption thereof; gold andsilver, including the coinage there-of; valuation and revaluation of thedollar.

(8) Public and private housing.(9) Securities and exchanges.(10) Urban development.

(h) Committee on Foreign Affairs.(1) Relations of the United States

with foreign nations generally.(2) Acquisition of land and build-

ings for embassies and legations inforeign countries.

(3) Establishment of boundarylines between the United Statesand foreign nations.

(4) Export controls, includingnonproliferation of nuclear tech-nology and nuclear hardware.

(5) Foreign loans.

(6) International commodityagreements (other than those in-volving sugar), including all agree-ments for cooperation in the exportof nuclear technology and nuclearhardware.

(7) International conferences andcongresses.

(8) International education.(9) Intervention abroad and dec-

larations of war.(10) Diplomatic service.(11) Measures to foster commer-

cial intercourse with foreign na-tions and to safeguard Americanbusiness interests abroad.

(12) International economic pol-icy.

(13) Neutrality.(14) Protection of American citi-

zens abroad and expatriation.(15) The American National Red

Cross.(16) Trading with the enemy.(17) United Nations organiza-

tions.(i) Committee on Homeland Secu-

rity.(1) Overall homeland security pol-

icy.(2) Organization and administra-

tion of the Department of Home-land Security.

(3) Functions of the Departmentof Homeland Security relating tothe following:

(A) Border and port security(except immigration policy andnon-border enforcement).

(B) Customs (except customsrevenue).

(C) Integration, analysis, anddissemination of homeland secu-rity information.

(D) Domestic preparedness forand collective response to ter-rorism.

(E) Research and development.(F) Transportation security.

(j) Committee on House Administra-tion.

(1) Appropriations from accountsfor committee salaries and ex-penses (except for the Committeeon Appropriations); House Informa-tion Resources; and allowance andexpenses of Members, Delegates,the Resident Commissioner, offi-cers, and administrative offices ofthe House.

(2) Auditing and settling of all ac-counts described in subparagraph(1).

(3) Employment of persons by theHouse, including staff for Members,Delegates, the Resident Commis-sioner, and committees; and report-ers of debates, subject to rule VI.

(4) Except as provided in para-graph (r)(11), the Library of Con-gress, including management there-of; the House Library; statuary andpictures; acceptance or purchase ofworks of art for the Capitol; theBotanic Garden; and purchase ofbooks and manuscripts.

(5) The Smithsonian Institutionand the incorporation of similar in-stitutions (except as provided inparagraph (r)(11)).

(6) Expenditure of accounts de-scribed in subparagraph (1).

(7) Franking Commission.(8) Printing and correction of the

Congressional Record.(9) Accounts of the House gen-

erally.(10) Assignment of office space for

Members, Delegates, the ResidentCommissioner, and committees.

(11) Disposition of useless execu-tive papers.

(12) Election of the President,Vice President, Members, Senators,Delegates, or the Resident Commis-sioner; corrupt practices; contestedelections; credentials and qualifica-tions; and Federal elections gen-erally.

(13) Services to the House, includ-ing the House Restaurant, parkingfacilities, and administration of theHouse Office Buildings and of theHouse wing of the Capitol.

(14) Travel of Members, Dele-gates, and the Resident Commis-sioner.

(15) Raising, reporting, and use ofcampaign contributions for can-didates for office of Representative,of Delegate, and of Resident Com-missioner.

(16) Compensation, retirement,and other benefits of the Members,Delegates, the Resident Commis-sioner, officers, and employees ofCongress.(k) Committee on the Judiciary.

(1) The judiciary and judicial pro-ceedings, civil and criminal.

(2) Administrative practice andprocedure.

(3) Apportionment of Representa-tives.

(4) Bankruptcy, mutiny, espio-nage, and counterfeiting.

(5) Civil liberties.(6) Constitutional amendments.(7) Criminal law enforcement.(8) Federal courts and judges, and

local courts in the Territories andpossessions.

(9) Immigration policy and non-border enforcement.

(10) Interstate compacts gen-erally.

(11) Claims against the UnitedStates.

(12) Meetings of Congress; attend-ance of Members, Delegates, andthe Resident Commissioner; andtheir acceptance of incompatibleoffices.

(13) National penitentiaries.(14) Patents, the Patent and

Trademark Office, copyrights, andtrademarks.

(15) Presidential succession.(16) Protection of trade and com-

merce against unlawful restraintsand monopolies.

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(17) Revision and codification ofthe Statutes of the United States.

(18) State and territorial bound-ary lines.

(19) Subversive activities affect-ing the internal security of theUnited States.(1) Committee on Natural Re-

sources.(1) Fisheries and wildlife, includ-

ing research, restoration, refuges,and conservation.

(2) Forest reserves and nationalparks created from the public do-main.

(3) Forfeiture of land grants andalien ownership, including alienownership of mineral lands.

(4) Geological Survey.(5) International fishing agree-

ments.(6) Interstate compacts relating

to apportionment of waters for irri-gation purposes.

(7) Irrigation and reclamation, in-cluding water supply for reclama-tion projects and easements of pub-lic lands for irrigation projects; andacquisition of private lands whennecessary to complete irrigationprojects.

(8) Native Americans generally,including the care and allotment ofNative American lands and generaland special measures relating toclaims that are paid out of NativeAmerican funds.

(9) Insular possessions of theUnited States generally (exceptthose affecting the revenue and ap-propriations).

(10) Military parks and battle-fields, national cemeteries adminis-tered by the Secretary of the Inte-rior, parks within the District ofColumbia, and the erection ofmonuments to the memory of indi-viduals.

(11) Mineral land laws and claimsand entries thereunder.

(12) Mineral resources of publiclands.

(13) Mining interests generally.(14) Mining schools and experi-

mental stations.(15) Marine affairs, including

coastal zone management (exceptfor measures relating to oil andother pollution of navigable wa-ters).

(16) Oceanography.(17) Petroleum conservation on

public lands and conservation ofthe radium supply in the UnitedStates.

(18) Preservation of prehistoricruins and objects of interest on thepublic domain.

(19) Public lands generally, in-cluding entry, easements, and graz-ing thereon.

(20) Relations of the UnitedStates with Native Americans andNative American tribes.

(21) Trans-Alaska Oil Pipeline(except ratemaking).

(m) Committee on Oversight andGovernment Reform.

(1) Federal civil service, includ-ing intergovernmental personnel;and the status of officers and em-ployees of the United States, in-cluding their compensation, classi-fication, and retirement.

(2) Municipal affairs of the Dis-trict of Columbia in general (otherthan appropriations).

(3) Federal paperwork reduction.(4) Government management and

accounting measures generally.(5) Holidays and celebrations.(6) Overall economy, efficiency,

and management of government op-erations and activities, includingFederal procurement.

(7) National archives.(8) Population and demography

generally, including the Census.(9) Postal service generally, in-

cluding transportation of themails.

(10) Public information andrecords.

(11) Relationship of the FederalGovernment to the States and mu-nicipalities generally.

(12) Reorganizations in the execu-tive branch of the Government.(n) Committee on Rules.

(1) Rules and joint rules (otherthan those relating to the Code ofOfficial Conduct) and the order ofbusiness of the House.

(2) Recesses and final adjourn-ments of Congress.(o) Committee on Science and Tech-

nology.(1) All energy research, develop-

ment, and demonstration, andprojects therefor, and all federallyowned or operated nonmilitary en-ergy laboratories.

(2) Astronautical research and de-velopment, including resources,personnel, equipment, and facili-ties.

(3) Civil aviation research and de-velopment.

(4) Environmental research anddevelopment.

(5) Marine research.(6) Commercial application of en-

ergy technology.(7) National Institute of Stand-

ards and Technology, standardiza-tion of weights and measures, andthe metric system.

(8) National Aeronautics andSpace Administration.

(9) National Space Council.(10) National Science Foundation.(11) National Weather Service.(12) Outer space, including explo-

ration and control thereof.(13) Science scholarships.(14) Scientific research, develop-

ment, and demonstration, andprojects therefor.(p) Committee on Small Business.

(1) Assistance to and protectionof small business, including finan-

cial aid, regulatory flexibility, andpaperwork reduction.

(2) Participation of small-busi-ness enterprises in Federal procure-ment and Government contracts.(q) Committee on Standards of Offi-

cial Conduct.The Code of Official Conduct.

(r) Committee on Transportationand Infrastructure.

(1) Coast Guard, including life-saving service, lighthouses,lightships, ocean derelicts, and theCoast Guard Academy.

(2) Federal management of emer-gencies and natural disasters.

(3) Flood control and improve-ment of rivers and harbors.

(4) Inland waterways.(5) Inspection of merchant marine

vessels, lights and signals, life-saving equipment, and fire protec-tion on such vessels.

(6) Navigation and laws relatingthereto, including pilotage.

(7) Registering and licensing ofvessels and small boats.

(8) Rules and international ar-rangements to prevent collisions atsea.

(9) The Capitol Building and theSenate and House Office Buildings.

(10) Construction or maintenanceof roads and post roads (other thanappropriations therefor).

(11) Construction or reconstruc-tion, maintenance, and care ofbuildings and grounds of the Bo-tanic Garden, the Library of Con-gress, and the Smithsonian Institu-tion.

(12) Merchant marine (except fornational security aspects thereof).

(13) Purchase of sites and con-struction of post offices, custom-houses, Federal courthouses, andGovernment buildings within theDistrict of Columbia.

(14) Oil and other pollution ofnavigable waters, including inland,coastal, and ocean waters.

(15) Marine affairs, includingcoastal zone management, as theyrelate to oil and other pollution ofnavigable waters.

(16) Public buildings and occupiedor improved grounds of the UnitedStates generally.

(17) Public works for the benefitof navigation, including bridgesand dams (other than internationalbridges and dams).

(18) Related transportation regu-latory agencies (except the Trans-portation Security Administra-tion).

(19) Roads and the safety thereof.(20) Transportation, including

civil aviation, railroads, watertransportation, transportationsafety (except automobile safetyand transportation security func-tions of the Department of Home-land Security), transportation in-frastructure, transportation labor,and railroad retirement and unem-


ployment (except revenue measuresrelated thereto).

(21) Water power.(s) Committee on Veterans' Affairs.

(1) Veterans' measures generally.(2) Cemeteries of the United

States in which veterans of any waror conflict are or may be buried,whether in the United States orabroad (except cemeteries adminis-tered by the Secretary of the Inte-rior).

(3) Compensation, vocational re-habilitation, and education of vet-erans.

(4) Life insurance issued by theGovernment on account of servicein the Armed Forces.

(5) Pensions of all the wars of theUnited States, general and special.

(6) Readjustment of service-members to civil life.

(7) Servicemembers' civil relief.(8) Veterans' hospitals, medical

care, and treatment of veterans.(t) Committee on Ways and Means.

(1) Customs revenue, collectiondistricts, and ports of entry and de-livery.

(2) Reciprocal trade agreements.(3) Revenue measures generally.(4) Revenue measures relating to

insular possessions.(5) Bonded debt of the United

States, subject to the last sentenceof clause 4(f).

(6) Deposit of public monies.(7) Transportation of dutiable

goods.(8) Tax exempt foundations and

charitable trusts.(9) National social security (ex-

cept health care and facilities pro-grams that are supported from gen-eral revenues as opposed to payrolldeductions and except work incen-tive programs).

General oversight responsibilities

2. (a) The various standing commit-tees shall have general oversight re-sponsibilities as provided in paragraph(b) in order to assist the House in-

(1) its analysis, appraisal, and eval-uation of-

(A) the application, administra-tion, execution, and effectiveness ofFederal laws; and

(B) conditions and circumstancesthat may indicate the necessity ordesirability of enacting new or ad-ditional legislation; and(2) its formulation, consideration,

and enactment of changes in Federallaws, and of such additional legisla-tion as may be necessary or appro-priate.(b)(1) In order to determine whether

laws and programs addressing subjectswithin the jurisdiction of a committeeare being implemented and carried outin accordance with the intent of Con-gress and whether they should be con-tinued, curtailed, or eliminated, eachstanding committee (other than theCommittee on Appropriations) shall re-view and study on a continuing basis--

(A) the application, administration,execution, and effectiveness of lawsand programs addressing subjectswithin its jurisdiction;

(B) the organization and operationof Federal agencies and entities hav-ing responsibilities for the adminis-tration and execution of laws andprograms addressing subjects withinits jurisdiction;

(C) any conditions or cir-cumstances that may indicate thenecessity or desirability of enactingnew or additional legislation address-ing subjects within its jurisdiction(whether or not a bill or resolutionhas been introduced with respectthereto); and

(D) future research and forecastingon subjects within its jurisdiction.(2) Each committee to which sub-

paragraph (1) applies having more than20 members shall establish an oversightsubcommittee, or require its sub-committees to conduct oversight intheir respective jurisdictions, to assistin carrying out its responsibilitiesunder this clause. The establishment ofan oversight subcommittee does notlimit the responsibility of a sub-committee with legislative jurisdictionin carrying out its oversight respon-sibilities.

(c) Each standing committee shall re-view and study on a continuing basisthe impact or probable impact of taxpolicies affecting subjects within itsjurisdiction as described in clauses 1and 3.

(d)(1) Not later than February 15 ofthe first session of a Congress, eachstanding committee shall, in a meetingthat is open to the public and with aquorum present, adopt its oversightplan for that Congress. Such plan shallbe submitted simultaneously to theCommittee on Oversight and Govern-ment Reform and to the Committee onHouse Administration. In developingits plan each committee shall, to themaximum extent feasible-

(A) consult with other committeesthat have jurisdiction over the sameor related laws, programs, or agen-cies within its jurisdiction with theobjective of ensuring maximum co-ordination and cooperation amongcommittees when conducting reviewsof such laws, programs, or agenciesand include in its plan an expla-nation of steps that have been or willbe taken to ensure such coordinationand cooperation;

(B) review specific problems withFederal rules, regulations, statutes,and court decisions that are ambig-uous, arbitrary, or nonsensical, orthat impose severe financial burdenson individuals;

(C) give priority consideration toincluding in its plan the review ofthose laws, programs, or agencies op-erating under permanent budget au-thority or permanent statutory au-thority;

(D) have a view toward ensuringthat all significant laws, programs,

or agencies within its jurisdiction aresubject to review every 10 years; and

(E) have a view toward insuringagainst duplication of Federal pro-grams.(2) Not later than March 31 in the

first session of a Congress, after con-sultation with the Speaker, the Major-ity Leader, and the Minority Leader,the Committee on Oversight and Gov-ernment Reform shall report to theHouse the oversight plans submitted bycommittees together with any rec-ommendations that it, or the Houseleadership group described above, maymake to ensure the most effective co-ordination of oversight plans and oth-erwise to achieve the objectives of thisclause.

(e) The Speaker, with the approval ofthe House, may appoint special ad hocoversight committees for the purposeof reviewing specific matters withinthe jurisdiction of two or more stand-ing committees.

Special oversight functions

3. (a) The Committee on Appropria-tions shall conduct such studies andexaminations of the organization andoperation of executive departmentsand other executive agencies (includingan agency the majority of the stock ofwhich is owned by the United States)as it considers necessary to assist it inthe determination of matters withinits jurisdiction.

(b) The Committee on Armed Serv-ices shall review and study on a con-tinuing basis laws, programs, and Gov-ernment activities relating to inter-national arms control and disar-mament and the education of militarydependents in schools.

(c) The Committee on the Budgetshall study on a continuing basis theeffect on budget outlays of relevant ex-isting and proposed legislation and re-port the results of such studies to theHouse on a recurring basis.

(d) The Committee on Education andLabor shall review, study, and coordi-nate on a continuing basis laws, pro-grams, and Government activities re-lating to domestic educational pro-grams and institutions and programs ofstudent assistance within the jurisdic-tion of other committees.

(e) The Committee on Energy andCommerce shall review and study on acontinuing basis laws, programs, andGovernment activities relating to nu-clear and other energy and nonmilitarynuclear energy research and develop-ment including the disposal of nuclearwaste.

(f) The Committee on Foreign Affairsshall review and study on a continuingbasis laws, programs, and Governmentactivities relating to customs adminis-tration, intelligence activities relatingto foreign policy, international finan-cial and monetary organizations, andinternational fishing agreements.

(g)(1) The Committee on HomelandSecurity shall review and study on acontinuing basis all Government ac-tivities relating to homeland security,

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including the interaction of all depart-ments and agencies with the Depart-ment of Homeland Security.

(2) In addition, the Committee shallreview and study on a primary and con-tinuing basis all Government activi-ties, programs and organizations re-lated to homeland security that fallwithin its primary legislative jurisdic-tion.

(h) The Committee on Natural Re-sources shall review and study on acontinuing basis laws, programs, andGovernment activities relating to Na-tive Americans.

(i) The Committee on Oversight andGovernment Reform shall review andstudy on a continuing basis the oper-ation of Government activities at alllevels with a view to determining theireconomy and efficiency.

(j) The Committee on Rules shall re-view and study on a continuing basisthe congressional budget process, andthe committee shall report its findingsand recommendations to the Housefrom time to time.

(k) The Committee on Science andTechnology shall review and study on acontinuing basis laws, programs, andGovernment activities relating to non-military research and development.

(1) The Committee on Small Businessshall study and investigate on a con-tinuing basis the problems of all typesof small business.

(m) The Permanent Select Com-mittee on Intelligence shall review andstudy on a continuing basis laws, pro-grams, and activities of the intel-ligence community and shall reviewand study on an exclusive basis thesources and methods of entities de-scribed in clause 11(b)(1)(A).

Additional functions of committees

4. (a)(1)(A) The Committee on Appro-priations shall, within 30 days after thetransmittal of the Budget to Congresseach year, hold hearings on the Budgetas a whole with particular referenceto-

(i) the basic recommendations andbudgetary policies of the President inthe presentation of the Budget; and

(ii) the fiscal, financial, and eco-nomic assumptions used as bases inarriving at total estimated expendi-tures and receipts.(B) In holding hearings under sub-

division (A), the committee shall re-ceive testimony from the Secretary ofthe Treasury, the Director of the Officeof Management and Budget, the Chair-man of the Council of Economic Advis-ers, and such other persons as the com-mittee may desire.

(C) A hearing under subdivision (A),or any part thereof, shall be held inopen session, except when the com-mittee, in open session and with aquorum present, determines by recordvote that the testimony to be taken atthat hearing on that day may be re-lated to a matter of national security.The committee may by the same proce-dure close one subsequent day of hear-ing. A transcript of all such hearings

shall be printed and a copy thereof fur-nished to each Member, Delegate, andthe Resident Commissioner.

(D) A hearing under subdivision (A),or any part thereof, may be held beforea joint meeting of the committee andthe Committee on Appropriations ofthe Senate in accordance with suchprocedures as the two committeesjointly may determine.

(2) Pursuant to section 401(b)(2) ofthe Congressional Budget Act of 1974,when a committee reports a bill orjoint resolution that provides new enti-tlement authority as defined in section3(9) of that Act, and enactment of thebill or joint resolution, as reported,would cause a breach of the commit-tee's pertinent allocation of new budget authority under section 302(a) ofthat Act, the bill or joint resolutionmay be referred to the Committee onAppropriations with instructions to re-port it with recommendations (whichmay include an amendment limitingthe total amount of new entitlementauthority provided in the bill or jointresolution). If the Committee on Ap-propriations fails to report a bill orjoint resolution so referred within 15calendar days (not counting any day onwhich the House is not in session), thecommittee automatically shall be dis-charged from consideration of the billor joint resolution, and the bill or jointresolution shall be placed on the appro-priate calendar.

(3) In addition, the Committee on Ap-propriations shall study on a con-tinuing basis those provisions of lawthat (on the first day of the first fiscalyear for which the congressional budg-et process is effective) provide spendingauthority or permanent budget author-ity and shall report to the House fromtime to time its recommendations forterminating or modifying such provi-sions.

(4) In the manner provided by section302 of the Congressional Budget Act of1974, the Committee on Appropriations(after consulting with the Committeeon Appropriations of the Senate) shallsubdivide any allocations made to it inthe joint explanatory statement ac-companying the conference report onsuch concurrent resolution, andpromptly report the subdivisions to theHouse as soon as practicable after aconcurrent resolution on the budget fora fiscal year is agreed to.

(5)(A) There is established a SelectIntelligence Oversight Panel of theCommittee on Appropriations (herein-after in this paragraph referred to asthe "select panel"). The select panelshall be composed of not more than 13Members, Delegates, or the ResidentCommissioner appointed by the Speak-er, of whom not more than eight maybe from the same political party. Theselect panel shall include the chair andranking minority member of the Com-mittee on Appropriations, the chairand ranking minority member of itsSubcommittee on Defense, six addi-tional members of the Committee onAppropriations, and three members of

the Permanent Select Committee onIntelligence.

(B) The Speaker shall designate onemember of the select panel as its chairand one member as its ranking minor-ity member.

(C) Each member on the select panelshall be treated as though a member ofthe Committee on Appropriations forpurposes of the select panel.

(D) The select panel shall review andstudy on a continuing basis budget re-quests for and execution of intelligenceactivities; make recommendations torelevant subcommittees of the Com-mittee on Appropriations; and, on anannual basis, prepare a report to theDefense Subcommittee of the Com-mittee on Appropriations containingbudgetary and oversight observationsand recommendations for use by suchsubcommittee in preparation of theclassified annex to the bill making ap-propriations for the Department of De-fense.

(E) Rule XI shall apply to the selectpanel in the same manner as a sub-committee (except for clause 2(m)(1)(B)of that rule).

(F) A subpoena of the Committee onAppropriations or its Subcommittee onDefense may specify terms of return tothe select panel.

(b) The Committee on the Budgetshall-

(1) review on a continuing basis theconduct by the Congressional BudgetOffice of its functions and duties;

(2) hold hearings and receive testi-mony from Members, Senators, Dele-gates, the Resident Commissioner,and such appropriate representativesof Federal departments and agencies,the general public, and national orga-nizations as it considers desirable indeveloping concurrent resolutions onthe budget for each fiscal year;

(3) make all reports required of itby the Congressional Budget Act of1974;

(4) study on a continuing basisthose provisions of law that exemptFederal agencies or any of their ac-tivities or outlays from inclusion inthe Budget of the United States Gov-ernment, and report to the Housefrom time to time its recommenda-tions for terminating or modifyingsuch provisions;

(5) study on a continuing basis pro-posals designed to improve and facili-tate the congressional budget proc-ess, and report to the House fromtime to time the results of such stud-ies, together with its recommenda-tions; and

(6) request and evaluate continuingstudies of tax expenditures, devisemethods of coordinating tax expendi-tures, policies, and programs with di-rect budget outlays, and report theresults of such studies to the Houseon a recurring basis.(c)(1) The Committee on Oversight

and Government Reform shall-(A) receive and examine reports of

the Comptroller General of theUnited States and submit to the


House such recommendations as itconsiders necessary or desirable inconnection with the subject matterof the reports;

(B) evaluate the effects of laws en-acted to reorganize the legislativeand executive branches of the Gov-ernment; and

(C) study intergovernmental rela-tionships between the United Statesand the States and municipalitiesand between the United States andinternational organizations of whichthe United States is a member.(2) In addition to its duties under

subparagraph (1), the Committee onOversight and Government Reformmay at any time conduct investiga-tions of any matter without regard toclause 1, 2, 3, or this clause conferringjurisdiction over the matter to anotherstanding committee. The findings andrecommendations of the committee insuch an investigation shall be madeavailable to any other standing com-mittee having jurisdiction over thematter involved.

(3)(A) The Committee on Oversightand Government Reform may adopt arule authorizing and regulating thetaking of depositions by a member orcounsel of the committee, includingpursuant to subpoena under clause 2(m)of rule XI (which hereby is made appli-cable for such purpose).

(B) A rule adopted by the committeepursuant to this subparagraph--

(i) may provide that a deponent bedirected to subscribe an oath or affir-mation before a person authorized bylaw to administer the same; and

(ii) shall ensure that the minoritymembers and staff of the committeeare accorded equitable treatmentwith respect to notice of and a rea-sonable opportunity to participate inany proceeding conducted there-under.(C) Information secured pursuant to

the authority described in subdivision(A) shall retain the character of dis-covery until offered for admission inevidence before the committee, atwhich time any proper objection shallbe timely.

(d)(1) The Committee on House Ad-ministration shall-

(A) provide policy direction for theInspector General and oversight ofthe Clerk, Sergeant-at-Arms, ChiefAdministrative Officer, and InspectorGeneral;

(B) oversee the management ofservices provided to the House by theArchitect of the Capitol, except thoseservices that lie within the jurisdic-tion of the Committee on Transpor-tation and Infrastructure underclause 1(r);

(C) have the function of acceptingon behalf of the House a gift, exceptas otherwise provided by law, if thegift does not involve a duty, burden,or condition, or is not made depend-ent on some future performance bythe House; and

(D) promulgate regulations tocarry out subdivision (C).

(2) An employing office of the Housemay enter into a settlement of a com-plaint under the Congressional Ac-countability Act of 1995 that providesfor the payment of funds only after re-ceiving the joint approval of the chairand ranking minority member of theCommittee on House Administrationconcerning the amount of such pay-ment.

(e)(1) Each standing committee shall,in its consideration of all public billsand public joint resolutions within itsjurisdiction, ensure that appropria-tions for continuing programs and ac-tivities of the Federal Government andthe government of the District of Co-lumbia will be made annually to themaximum extent feasible and con-sistent with the nature, requirement,and objective of the programs and ac-tivities involved. In this subparagraphprograms and activities of the FederalGovernment and the government of theDistrict of Columbia includes programsand activities of any department, agen-cy, establishment, wholly owned Gov-ernment corporation, or instrumen-tality of the Federal Government or ofthe government of the District of Co-lumbia.

(2) Each standing committee shall re-view from time to time each con-tinuing program within its jurisdictionfor which appropriations are not madeannually to ascertain whether the pro-gram should be modified to provide forannual appropriations.Budget Act responsibilities

(f)(1) Each standing committee shallsubmit to the Committee on the Budg-et not later than six weeks after thesubmission of the budget by the Presi-dent, or at such time as the Committeeon the Budget may request-

(A) its views and estimates with re-spect to all matters to be set forth inthe concurrent resolution on thebudget for the ensuing fiscal yearthat are within its jurisdiction orfunctions; and

(B) an estimate of the totalamounts of new budget authority,and budget outlays resulting there-from, to be provided or authorized inall bills and resolutions within its ju-risdiction that it intends to be effec-tive during that fiscal year.(2) The views and estimates sub-

mitted by the Committee on Ways andMeans under subparagraph (1) shall in-clude a specific recommendation, madeafter holding public hearings, as to theappropriate level of the public debtthat should be set forth in the concur-rent resolution on the budget.Election and membership of standingcommittees

5. (a)(1) The standing committeesspecified in clause 1 shall be elected bythe House within seven calendar daysafter the commencement of each Con-gress, from nominations submitted bythe respective party caucus or con-ference. A resolution proposing tochange the composition of a standingcommittee shall be privileged if offered

by direction of the party caucus or con-ference concerned.

(2)(A) The Committee on the Budgetshall be composed of members as fol-lows:

(i) Members, Delegates, or the Resi-dent Commissioner who are membersof other standing committees, includ-ing five from the Committee on Ap-propriations, five from the Com-mittee on Ways and Means, and onefrom the Committee on Rules;

(ii) one Member designated by theelected leadership of the majorityparty; and

(iii) one Member designated by theelected leadership of the minorityparty.(B) Except as permitted by subdivi-

sion (C), a member of the Committeeon the Budget other than one describedin subdivision (A)(ii) or (A)(iii) maynot serve on the committee duringmore than four Congresses in a periodof six successive Congresses (dis-regarding for this purpose any servicefor less than a full session in a Con-gress).

(C) A Member, Delegate, or ResidentCommissioner may exceed the limita-tion of subdivision (B) if elected toserve a second consecutive Congress asthe chair or a second consecutive Con-gress as the ranking minority member.

(3)(A) The Committee on Standardsof Official Conduct shall be composedof 10 members, five from the majorityparty and five from the minority party.

(B) Except as permitted by subdivi-sion (C), a member of the Committeeon Standards of Official Conduct maynot serve on the committee duringmore than three Congresses in a periodof five successive Congresses (dis-regarding for this purpose any servicefor less than a full session in a Con-gress).

(C) A member of the Committee onStandards of Official Conduct mayserve on the committee during a fourthCongress in a period of five successiveCongresses only as either the chair orthe ranking minority member of thecommittee.

(4)(A) At the beginning of a Congress,the Speaker or a designee and the Mi-nority Leader or a designee each shallname 10 Members, Delegates, or theResident Commissioner from the re-spective party of such individual whoare not members of the Committee onStandards of Official Conduct to beavailable to serve on investigative sub-committees of that committee duringthat Congress. The lists of Members,Delegates, or the Resident Commis-sioner so named shall be announced tothe House.

(B) Whenever the chair and the rank-ing minority member of the Committeeon Standards of Official Conduct joint-ly determine that Members, Delegates,or the Resident Commissioner namedunder subdivision (A) should be as-signed to serve on an investigative sub-committee of that committee, each ofthem shall select an equal number ofsuch Members, Delegates, or Resident

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Commissioner from the respectiveparty of such individual to serve onthat subcommittee.

(b)(1) Membership on a standing com-mittee during the course of a Congressshall be contingent on continuingmembership in the party caucus orconference that nominated the Mem-ber, Delegate, or Resident Commis-sioner concerned for election to suchcommittee. Should a Member, Dele-gate, or Resident Commissioner ceaseto be a member of a particular partycaucus or conference, that Member,Delegate, or Resident Commissionershall automatically cease to be a mem-ber of each standing committee towhich elected on the basis of nomina-tion by that caucus or conference. Thechair of the relevant party caucus orconference shall notify the Speakerwhenever a Member, Delegate, or Resi-dent Commissioner ceases to be amember of that caucus or conference.The Speaker shall notify the chair ofeach affected committee that the elec-tion of such Member, Delegate, or Resi-dent Commissioner to the committee isautomatically vacated under this sub-paragraph.

(2)(A) Except as specified in subdivi-sion (B), a Member, Delegate, or Resi-dent Commissioner may not serve si-multaneously as a member of morethan two standing committees or morethan four subcommittees of the stand-ing committees.

(B)(i) Ex officio service by a chair orranking minority member of a com-mittee on each of its subcommitteesunder a committee rule does not countagainst the limitation on sub-committee service.

(ii) Service on an investigative sub-committee of the Committee on Stand-ards of Official Conduct under para-graph (a)(4) does not count against thelimitation on subcommittee service.

(iii) Any other exception to the limi-tations in subdivision (A) may be ap-proved by the House on the rec-ommendation of the relevant partycaucus or conference.

(C) In this subparagraph the term"subcommittee" includes a panel(other than a special oversight panel ofthe Committee on Armed Services),task force, special subcommittee, orother subunit of a standing committeethat is established for a cumulative pe-riod longer than six months in a Con-gress.

(c) One of the members of each stand-ing committee shall be elected by theHouse, on the nomination of the major-ity party caucus or conference, as chairthereof. In the absence of the memberserving as chair, the member next inrank (and so on, as often as the caseshall happen) shall act as chair. Rankshall be determined by the order mem-bers are named in resolutions electingthem to the committee. In the case ofa vacancy in the elected chair of acommittee, the House shall elect an-other chair.

(d)(1) Except as permitted by sub-paragraph (2), a committee may havenot more than five subcommittees.

(2) A committee that maintains asubcommittee on oversight may havenot more than six subcommittees. TheCommittee on Appropriations mayhave not more than 13 subcommittees.The Committee on Oversight and Gov-ernment Reform may have not morethan seven subcommittees.

(e) The House shall fill a vacancy ona standing committee by election onthe nomination of the respective partycaucus or conference.

Expense resolutions

6. (a) Whenever a committee, com-mission, or other entity (other thanthe Committee on Appropriations) isgranted authorization for the paymentof its expenses (including staff salaries)for a Congress, such authorization ini-tially shall be procured by one primaryexpense resolution reported by theCommittee on House Administration.A primary expense resolution may in-clude a reserve fund for unanticipatedexpenses of committees. An amountfrom such a reserve fund may be allo-cated to a committee only by the ap-proval of the Committee on House Ad-ministration. A primary expense reso-lution reported to the House may notbe considered in the House unless aprinted report thereon was available onthe previous calendar day. For the in-formation of the House, such reportshall-

(1) state the total amount of thefunds to be provided to the com-mittee, commission, or other entityunder the primary expense resolutionfor all anticipated activities and pro-grams of the committee, commission,or other entity; and

(2) to the extent practicable, con-tain such general statements regard-ing the estimated foreseeable expenditures for the respective anticipatedactivities and programs of the com-mittee, commission, or other entityas may be appropriate to provide theHouse with basic estimates of the ex-penditures contemplated by the pri-mary expense resolution.(b) After the date of adoption by the

House of a primary expense resolutionfor a committee, commission, or otherentity for a Congress, authorization forthe payment of additional expenses (in-cluding staff salaries) in that Congressmay be procured by one or more sup-plemental expense resolutions reportedby the Committee on House Adminis-tration, as necessary. A supplementalexpense resolution reported to theHouse may not be considered in theHouse unless a printed report thereonwas available on the previous calendarday. For the information of the House,such report shall-

(1) state the total amount of addi-tional funds to be provided to thecommittee, commission, or other en-tity under the supplemental expenseresolution and the purposes for which

those additional funds are available;and

(2) state the reasons for the failureto procure the additional funds forthe committee, commission, or otherentity by means of the primary ex-pense resolution.(c) The preceding provisions of this

clause do not apply to-(1) a resolution providing for the

payment from committee salary andexpense accounts of the House ofsums necessary to pay compensationfor staff services performed for, or topay other expenses of, a committee,commission, or other entity at anytime after the beginning of an odd-numbered year and before the date ofadoption by the House of the primaryexpense resolution described in para-graph (a) for that year; or

(2) a resolution providing each ofthe standing committees in a Con-gress additional office equipment,airmail and special-delivery postagestamps, supplies, staff personnel, orany other specific item for the oper-ation of the standing committees,and containing an authorization forthe payment from committee salaryand expense accounts of the House ofthe expenses of any of the foregoingitems provided by that resolution,subject to and until enactment of theprovisions of the resolution as per-manent law.(d) From the funds made available

for the appointment of committee staffby a primary or additional expense res-olution, the chair of each committeeshall ensure that sufficient staff ismade available to each subcommitteeto carry out its responsibilities underthe rules of the committee and thatthe minority party is treated fairly inthe appointment of such staff.

(e) Funds authorized for a committeeunder this clause and clauses 7 and 8are for expenses incurred in the activi-ties of the committee.

Interim funding

7. (a) For the period beginning atnoon on January 3 and ending at mid-night on March 31 in each odd-num-bered year, such sums as may be nec-essary shall be paid out of the com-mittee salary and expense accounts ofthe House for continuance of necessaryinvestigations and studies by-

(1) each standing and select com-mittee established by these rules;and

(2) except as specified in paragraph(b), each select committee estab-lished by resolution.(b) In the case of the first session of

a Congress, amounts shall be madeavailable for a select committee estab-lished by resolution in the precedingCongress only if-

(1) a resolution proposing to rees-tablish such select committee is in-troduced in the present Congress; and

(2) the House has not adopted a res-olution of the preceding Congressproviding for termination of funding


for investigations and studies bysuch select committee.(c) Each committee described in

paragraph (a) shall be entitled for eachmonth during the period specified inparagraph (a) to 9 percent (or such less-er percentage as may be determined bythe Committee on House Administra-tion) of the total annualized amountmade available under expense resolu-tions for such committee in the pre-ceding session of Congress.

(d) Payments under this clause shallbe made on vouchers authorized by thecommittee involved, signed by thechair of the committee, except as pro-vided in paragraph (e), and approved bythe Committee on House Administra-tion.

(e) Notwithstanding any provision oflaw, rule of the House, or other author-ity, from noon on January 3 of the firstsession of a Congress until the electionby the House of the committee con-cerned in that Congress, paymentsunder this clause shall be made onvouchers signed by the ranking mem-ber of the committee as it was con-stituted at the expiration of the pre-ceding Congress who is a member ofthe majority party in the present Con-gress.

(f)(1) The authority of a committeeto incur expenses under this clauseshall expire upon adoption by theHouse of a primary expense resolutionfor the committee.

(2) Amounts made available underthis clause shall be expended in accord-ance with regulations prescribed by theCommittee on House Administration.

(3) This clause shall be effective onlyinsofar as it is not inconsistent with aresolution reported by the Committeeon House Administration and adoptedby the House after the adoption ofthese rules.

Travel

8. (a) Local currencies owned by theUnited States shall be made availableto the committee and its employees en-gaged in carrying out their official du-ties outside the United States or itsterritories or possessions. Appropriatedfunds, including those authorized underthis clause and clause 6, may not be ex-pended for the purpose of defraying ex-penses of members of a committee orits employees in a country where localcurrencies are available for this pur-pose.

(b) The following conditions shallapply with respect to travel outside theUnited States or its territories or pos-sessions:

(1) A member or employee of acommittee may not receive or expendlocal currencies for subsistence in acountry for a day at a rate in excessof the maximum per diem set forth inapplicable Federal law.

(2) A member or employee shall bereimbursed for the expenses of suchindividual for a day at the lesser of-

(A) the per diem set forth in ap-plicable Federal law; or

(B) the actual, unreimbursed ex-penses (other than for transpor-tation) incurred during that day.(3) Each member or employee of a

committee shall make to the chair ofthe committee an itemized reportshowing the dates each country wasvisited, the amount of per diem fur-nished, the cost of transportationfurnished, and funds expended for anyother official purpose and shall sum-marize in these categories the totalforeign currencies or appropriatedfunds expended. Each report shall befiled with the chair of the committeenot later than 60 days following thecompletion of travel for use in com-plying with reporting requirementsin applicable Federal law and shall beopen for public inspection.(c)(1) In carrying out the activities of

a committee outside the United Statesin a country where local currencies areunavailable, a member or employee ofa committee may not receive reim-bursement for expenses (other than fortransportation) in excess of the max-imum per diem set forth in applicableFederal law.

(2) A member or employee shall bereimbursed for the expenses of such in-dividual for a day, at the lesser of-

(A) the per diem set forth in appli-cable Federal law; or

(B) the actual unreimbursed ex-penses (other than for transpor-tation) incurred during that day.(3) A member or employee of a com-

mittee may not receive reimbursementfor the cost of any transportation inconnection with travel outside theUnited States unless the member oremployee actually paid for the trans-portation.

(d) The restrictions respecting traveloutside the United States set forth inparagraph (c) also shall apply to traveloutside the United States by a Mem-ber, Delegate, Resident Commissioner,officer, or employee of the House au-thorized under any standing rule.

Committee staffs

9. (a)(1) Subject to subparagraph (2)and paragraph (f), each standing com-mittee may appoint, by majority vote,not more than 30 professional staffmembers to be compensated from thefunds provided for the appointment ofcommittee staff by primary and addi-tional expense resolutions. Each pro-fessional staff member appointed underthis subparagraph shall be assigned tothe chair and the ranking minoritymember of the committee, as the com-mittee considers advisable.

(2) Subject to paragraph (f) whenevera majority of the minority party mem-bers of a standing committee (otherthan the Committee on Standards ofOfficial Conduct or the Permanent Se-lect Committee on Intelligence) so re-quest, not more than 10 persons (orone-third of the total professional com-mittee staff appointed under thisclause, whichever is fewer) may be se-lected, by majority vote of the minor-ity party members, for appointment by

the committee as professional staffmembers under subparagraph (1). Thecommittee shall appoint persons so se-lected whose character and qualifica-tions are acceptable to a majority ofthe committee. If the committee deter-mines that the character and qualifica-tions of a person so selected are unac-ceptable, a majority of the minorityparty members may select another per-son for appointment by the committeeto the professional staff until such ap-pointment is made. Each professionalstaff member appointed under this sub-paragraph shall be assigned to suchcommittee business as the minorityparty members of the committee con-sider advisable.

(b)(1) The professional staff membersof each standing committee-

(A) may not engage in any workother than committee business dur-ing congressional working hours; and

(B) may not be assigned a dutyother than one pertaining to com-mittee business.(2)(A) Subparagraph (1) does not

apply to staff designated by a com-mittee as "associate" or "shared" staffwho are not paid exclusively by thecommittee, provided that the chaircertifies that the compensation paid bythe committee for any such staff iscommensurate with the work per-formed for the committee in accord-ance with clause 8 of rule XXIII.

(B) The use of any "associate" or"shared" staff by a committee otherthan the Committee on Appropriationsshall be subject to the review of, and toany terms, conditions, or limitationsestablished by, the Committee onHouse Administration in connectionwith the reporting of any primary oradditional expense resolution.

(c) Each employee on the profes-sional or investigative staff of a stand-ing committee shall be entitled to payat a single gross per annum rate, to befixed by the chair and that does not ex-ceed the maximum rate of pay as in ef-fect from time to time under applicableprovisions of law.

(d) Subject to appropriations herebyauthorized, the Committee on Appro-priations may appoint by majorityvote such staff as it determines to benecessary (in addition to the clerk ofthe committee and assistants for theminority). The staff appointed underthis paragraph, other than minority as-sistants, shall possess such qualifica-tions as the committee may prescribe.

(e) A committee may not appoint toits staff an expert or other personneldetailed or assigned from a departmentor agency of the Government exceptwith the written permission of theCommittee on House Administration.

(f) If a request for the appointment ofa minority professional staff memberunder paragraph (a) is made when novacancy exists for such an appoint-ment, the committee nevertheless mayappoint under paragraph (a) a personselected by the minority and accept-able to the committee. A person so ap-pointed shall serve as an additional

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member of the professional staff of thecommittee until such a vacancy occurs(other than a vacancy in the positionof head of the professional staff, bywhatever title designated), at whichtime that person is considered as ap-pointed to that vacancy. Such a personshall be paid from the applicable ac-counts of the House described in clause1(j)(1) of rule X. If such a vacancy oc-curs on the professional staff whenseven or more persons have been so ap-pointed who are eligible to fill that va-cancy, a majority of the minorityparty members shall designate whichof those persons shall fill the vacancy.

(g) Each staff member appointed pur-suant to a request by minority partymembers under paragraph (a), and eachstaff member appointed to assist mi-nority members of a committee pursu-ant to an expense resolution describedin clause 6(a), shall be accorded equi-table treatment with respect to the fix-ing of the rate of pay, the assignmentof work facilities, and the accessibilityof committee records.

(h) Paragraph (a) may not be con-strued to authorize the appointment ofadditional professional staff membersof a committee pursuant to a requestunder paragraph (a) by the minorityparty members of that committee if 10or more professional staff membersprovided for in paragraph (a)(1) who aresatisfactory to a majority of the mi-nority party members are otherwise as-signed to assist the minority partymembers.

(i) Notwithstanding paragraph (a)(2),a committee may employ nonpartisanstaff, in lieu of or in addition to com-mittee staff designated exclusively forthe majority or minority party, by anaffirmative vote of a majority of themembers of the majority party and of amajority of the members of the minor-ity party.

Select and joint committees

10. (a) Membership on a select orjoint committee appointed by theSpeaker under clause 11 of rule I duringthe course of a Congress shall be con-tingent on continuing membership inthe party caucus or conference ofwhich the Member, Delegate, or Resi-dent Commissioner concerned was amember at the time of appointment.Should a Member, Delegate, or Resi-dent Commissioner cease to be a mem-ber of that caucus or conference, thatMember, Delegate, or Resident Com-missioner shall automatically cease tobe a member of any select or jointcommittee to which assigned. Thechair of the relevant party caucus orconference shall notify the Speakerwhenever a Member, Delegate, or Resi-dent Commissioner ceases to be amember of a party caucus or con-ference. The Speaker shall notify thechair of each affected select or jointcommittee that the appointment ofsuch Member, Delegate, or ResidentCommissioner to the select or jointcommittee is automatically vacatedunder this paragraph.

(b) Each select or joint committee,other than a conference committee,shall comply with clause 2(a) of rule XIunless specifically exempted by law.Permanent Select Committee onIntelligence

11. (a)(1) There is established a Per-manent Select Committee on Intel-ligence (hereafter in this clause re-ferred to as the "select committee").The select committee shall be com-posed of not more than 22 Members,Delegates, or the Resident Commis-sioner, of whom not more than 13 maybe from the same party. The selectcommittee shall include at least oneMember, Delegate, or the ResidentCommissioner from each of the fol-lowing committees:

(A) the Committee on Appropria-tions;

(B) the Committee on Armed Serv-ices;

(C) the Committee on Foreign Af-fairs; and

(D) the Committee on the Judici-ary.(2) The Speaker and the Minority

Leader shall be ex officio members ofthe select committee but shall have novote in the select committee and maynot be counted for purposes of deter-mining a quorum thereof.

(3) The Speaker and Minority Leadereach may designate a respective lead-ership staff member to assist in the ca-pacity of the Speaker or MinorityLeader as ex officio member, with thesame access to committee meetings,hearings, briefings, and materials asemployees of the select committee andsubject to the same security clearanceand confidentiality requirements asemployees of the select committeeunder this clause.

(4)(A) Except as permitted by sub-division (B), a Member, Delegate, orResident Commissioner, other than theSpeaker or the Minority Leader, maynot serve as a member of the selectcommittee during more than four Con-gresses in a period of six successiveCongresses (disregarding for this pur-pose any service for less than a full ses-sion in a Congress).

(B) In the case of a Member, Dele-gate, or Resident Commissioner ap-pointed to serve as the chair or theranking minority member of the selectcommittee, tenure on the select com-mittee shall not be limited.

(b)(1) There shall be referred to theselect committee proposed legislation,messages, petitions, memorials, andother matters relating to the fol-lowing:

(A) The Central Intelligence Agen-cy, the Director of National Intel-ligence, and the National Intel-ligence Program as defined in section3(6) of the National Security Act of1947.

(B) Intelligence and intelligence-re-lated activities of all other depart-ments and agencies of the Govern-ment, including the tactical intel-ligence and intelligence-related ac-

tivities of the Department of De-fense.

(C) The organization or reorganiza-tion of a department or agency of theGovernment to the extent that theorganization or reorganization re-lates to a function or activity involv-ing intelligence or intelligence-re-lated activities.

(D) Authorizations for appropria-tions, both direct and indirect, forthe following:

(i) The Central Intelligence Agen-cy, the Director of National Intel-ligence, and the National Intel-ligence Program as defined in sec-tion 3(6) of the National SecurityAct of 1947.

(ii) Intelligence and intelligence-related activities of all other de-partments and agencies of the Gov-ernment, including the tactical in-telligence and intelligence-relatedactivities of the Department of De-fense.

(iii) A department, agency, sub-division, or program that is a suc-cessor to an agency or programnamed or referred to in (i) or (ii).

(2) Proposed legislation initially re-ported by the select committee (otherthan provisions solely involving mat-ters specified in subparagraph (1)(A) orsubparagraph (1)(D)(i)) containing anymatter otherwise within the jurisdic-tion of a standing committee shall bereferred by the Speaker to that stand-ing committee. Proposed legislationinitially reported by another com-mittee that contains matter within thejurisdiction of the select committeeshall be referred by the Speaker to theselect committee if requested by thechair of the select committee.

(3) Nothing in this clause shall beconstrued as prohibiting or otherwiserestricting the authority of any othercommittee to study and review an in-telligence or intelligence-related activ-ity to the extent that such activity di-rectly affects a matter otherwise with-in the jurisdiction of that committee.

(4) Nothing in this clause shall beconstrued as amending, limiting, orotherwise changing the authority of astanding committee to obtain full andprompt access to the product of the in-telligence and intelligence-related ac-tivities of a department or agency ofthe Government relevant to a matterotherwise within the jurisdiction ofthat committee.

(c)(1) For purposes of accountabilityto the House, the select committeeshall make regular and periodic reportsto the House on the nature and extentof the intelligence and intelligence-re-lated activities of the various depart-ments and agencies of the UnitedStates. The select committee shallpromptly call to the attention of theHouse, or to any other appropriatecommittee, a matter requiring the at-tention of the House or another com-mittee. In making such report, the se-lect committee shall proceed in a man-ner consistent with paragraph (g) toprotect national security.


(2) The select committee shall obtainannual reports from the Director of Na-tional Intelligence, the Director of theCentral Intelligence Agency, the Sec-retary of Defense, the Secretary ofState, and the Director of the FederalBureau of Investigation. Such reportsshall review the intelligence and intel-ligence-related activities of the agencyor department concerned and the intel-ligence and intelligence-related activi-ties of foreign countries directed at theUnited States or its interests. An un-classified version of each report may bemade available to the public at the dis-cretion of the select committee. Noth-ing herein shall be construed as requir-ing the public disclosure in such re-ports of the names of persons engagedin intelligence or intelligence-relatedactivities for the United States or thedivulging of intelligence methods em-ployed or the sources of information onwhich the reports are based or theamount of funds authorized to be ap-propriated for intelligence and intel-ligence-related activities.

(3) Within six weeks after the Presi-dent submits a budget under section1105(a) of title 31, United States Code,or at such time as the Committee onthe Budget may request, the selectcommittee shall submit to the Com-mittee on the Budget the views and es-timates described in section 301(d) ofthe Congressional Budget Act of 1974regarding matters within the jurisdic-tion of the select committee.

(d)(1) Except as specified in subpara-graph (2), clauses 8(a), (b), and (c) and9(a), (b), and (c) of this rule, andclauses 1, 2, and 4 of rule XI shall applyto the select committee to the extentnot inconsistent with this clause.

(2) Notwithstanding the requirementsof the first sentence of clause 2(g)(2) ofrule XI, in the presence of the numberof members required under the rules ofthe select committee for the purpose oftaking testimony or receiving evi-dence, the select committee may voteto close a hearing whenever a majorityof those present determines that thetestimony or evidence would endangerthe national security.

(e) An employee of the select com-mittee, or a person engaged by con-tract or otherwise to perform servicesfor or at the request of the select com-mittee, may not be given access to anyclassified information by the selectcommittee unless such employee orperson has-

(1) agreed in writing and underoath to be bound by the Rules of theHouse, including the jurisdiction ofthe Committee on Standards of Offi-cial Conduct and of the select com-mittee concerning the security ofclassified information during andafter the period of the employmentor contractual agreement of such em-ployee or person with the select com-mittee; and

(2) received an appropriate securityclearance, as determined by the se-lect committee in consultation withthe Director of National Intelligence,

that is commensurate with the sensi-tivity of the classified information towhich such employee or person willbe given access by the select com-mittee.(f) The select committee shall formu-

late and carry out such rules and pro-cedures as it considers necessary toprevent the disclosure, without theconsent of each person concerned, ofinformation in the possession of the se-lect committee that unduly infringeson the privacy or that violates the con-stitutional rights of such person. Noth-ing herein shall be construed to pre-vent the select committee from pub-licly disclosing classified informationin a case in which it determines thatnational interest in the disclosure ofclassified information clearly out-weighs any infringement on the pri-vacy of a person.

(g)(1) The select committee may dis-close publicly any information in itspossession after a determination by theselect committee that the public inter-est would be served by such disclosure.With respect to the disclosure of infor-mation for which this paragraph re-quires action by the select com-mittee-

(A) the select committee shallmeet to vote on the matter withinfive days after a member of the selectcommittee requests a vote; and

(B) a member of the select com-mittee may not make such a disclo-sure before a vote by the select com-mittee on the matter, or after a voteby the select committee on the mat-ter except in accordance with thisparagraph.(2)(A) In a case in which the select

committee votes to disclose publiclyany information that has been classi-fied under established security proce-dures, that has been submitted to it bythe executive branch, and that the ex-ecutive branch requests be kept secret,the select committee shall notify thePresident of such vote.

(B) The select committee may dis-close publicly such information afterthe expiration of a five-day period fol-lowing the day on which notice of thevote to disclose is transmitted to thePresident unless, before the expirationof the five-day period, the President,personally in writing, notifies the se-lect committee that the President ob-jects to the disclosure of such informa-tion, provides reasons therefor, andcertifies that the threat to the na-tional interest of the United Statesposed by the disclosure is of such grav-ity that it outweighs any public inter-est in the disclosure.

(C) If the President, personally inwriting, notifies the select committeeof objections to the disclosure of infor-mation as provided in subdivision (B),the select committee may, by majorityvote, refer the question of the disclo-sure of such information, with a rec-ommendation thereon, to the House.The select committee may not publiclydisclose such information withoutleave of the House.

(D) Whenever the select committeevotes to refer the question of disclosureof any information to the House undersubdivision (C), the chair shall, notlater than the first day on which theHouse is in session following the dayon which the vote occurs, report thematter to the House for its consider-ation.

(E) If the chair of the select com-mittee does not offer in the House amotion to consider in closed session amatter reported under subdivision (D)within four calendar days on which theHouse is in session after the rec-ommendation described in subdivision(C) is reported, then such a motionshall be privileged when offered by aMember, Delegate, or Resident Com-missioner. In either case such a motionshall be decided without debate or in-tervening motion except one that theHouse adjourn.

(F) Upon adoption by the House of amotion to resolve into closed session asdescribed in subdivision (E), the Speak-er may declare a recess subject to thecall of the Chair. At the expiration ofthe recess, the pending question, inclosed session, shall be, "Shall theHouse approve the recommendation ofthe select committee?".

(G) Debate on the question describedin subdivision (F) shall be limited totwo hours equally divided and con-trolled by the chair and ranking minor-ity member of the select committee.After such debate the previous ques-tion shall be considered as ordered onthe question of approving the rec-ommendation without intervening mo-tion except one motion that the Houseadjourn. The House shall vote on thequestion in open session but withoutdivulging the information with respectto which the vote is taken. If the rec-ommendation of the select committeeis not approved, then the question isconsidered as recommitted to the se-lect committee for further rec-ommendation.

(3)(A) Information in the possessionof the select committee relating to thelawful intelligence or intelligence-re-lated activities of a department oragency of the United States that hasbeen classified under established secu-rity procedures, and that the selectcommittee has determined should notbe disclosed under subparagraph (1) or(2), may not be made available to anyperson by a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House except as providedin subdivision (B).

(B) The select committee shall, undersuch regulations as it may prescribe,make information described in subdivi-sion (A) available to a committee or aMember, Delegate, or Resident Com-missioner, and permit a Member, Dele-gate, or Resident Commissioner to at-tend a hearing of the select committeethat is closed to the public. Wheneverthe select committee makes such infor-mation available, it shall keep a writ-ten record showing, in the case of par-ticular information, which committee

RULES OF THE

or which Member, Delegate, or Resi-dent Commissioner received the infor-mation. A Member, Delegate, or Resi-dent Commissioner who, and a com-mittee that, receives informationunder this subdivision may not disclosethe information except in a closed ses-sion of the House.

(4) The Committee on Standards ofOfficial Conduct shall investigate anyunauthorized disclosure of intelligenceor intelligence-related information bya Member, Delegate, Resident Commis-sioner, officer, or employee of theHouse in violation of subparagraph (3)and report to the House concerning anyallegation that it finds to be substan-tiated.

(5) Upon the request of a person whois subject to an investigation describedin subparagraph (4), the Committee onStandards of Official Conduct shall re-lease to such person at the conclusionof its investigation a summary of itsinvestigation, together with its find-ings. If, at the conclusion of its inves-tigation, the Committee on Standardsof Official Conduct determines thatthere has been a significant breach ofconfidentiality or unauthorized disclo-sure by a Member, Delegate, ResidentCommissioner, officer, or employee ofthe House, it shall report its findingsto the House and recommend appro-priate action. Recommendations mayinclude censure, removal from com-mittee membership, or expulsion fromthe House, in the case of a Member, orremoval from office or employment orpunishment for contempt, in the caseof an officer or employee.

(h) The select committee may permita personal representative of the Presi-dent, designated by the President toserve as a liaison to the select com-mittee, to attend any closed meeting ofthe select committee.

(i) Subject to the Rules of the House,funds may not be appropriated for a fis-cal year, with the exception of a bill orjoint resolution continuing appropria-tions, or an amendment thereto, or aconference report thereon, to, or foruse of, a department or agency of theUnited States to carry out any of thefollowing activities, unless the fundsshall previously have been authorizedby a bill or joint resolution passed bythe House during the same or precedingfiscal year to carry out such activityfor such fiscal year:

(1) The activities of the Director ofNational Intelligence and the Officeof the Director of National Intel-ligence.

(2) The activities of the Central In-telligence Agency.

(3) The activities of the Defense In-telligence Agency.

(4) The activities of the NationalSecurity Agency.

(5) The intelligence and intel-ligence-related activities of otheragencies and subdivisions of the De-partment of Defense.

(6) The intelligence and intel-ligence-related activities of the De-partment of State.

(7) The intelligence and intel-ligence-related activities of the Fed-eral Bureau of Investigation.

(8) The intelligence and intel-ligence-related activities of all otherdepartments and agencies of the ex-ecutive branch.(j)(1) In this clause the term "intel-

ligence and intelligence-related activi-ties" includes-

(A) the collection, analysis, produc-tion, dissemination, or use of infor-mation that relates to a foreigncountry, or a government, politicalgroup, party, military force, move-ment, or other association in a for-eign country, and that relates to thedefense, foreign policy, national se-curity, or related policies of theUnited States and other activity insupport of the collection, analysis,production, dissemination, or use ofsuch information;

(B) activities taken to countersimilar activities directed againstthe United States;

(C) covert or clandestine activitiesaffecting the relations of the UnitedStates with a foreign government,political group, party, military force,movement, or other association;

(D) the collection, analysis, produc-tion, dissemination, or use of infor-mation about activities of personswithin the United States, its terri-tories and possessions, or nationalsof the United States abroad whosepolitical and related activities pose,or may be considered by a depart-ment, agency, bureau, office, divi-sion, instrumentality, or employee ofthe United States to pose, a threat tothe internal security of the UnitedStates; and

(E) covert or clandestine activitiesdirected against persons described insubdivision (D).(2) In this clause the term "depart-

ment or agency" includes any organi-zation, committee, council, establish-ment, or office within the Federal Gov-ernment.

(3) For purposes of this clause, ref-erence to a department, agency, bu-reau, or subdivision shall include a ref-erence to any successor department,agency, bureau, or subdivision to theextent that a successor engages in in-telligence or intelligence-related ac-tivities now conducted by the depart-ment, agency, bureau, or subdivisionreferred to in this clause.

(k) Clause 12(a) of rule XXII does notapply to meetings of a conference com-mittee respecting legislation (or anypart thereof) reported by the Perma-nent Select Committee on Intelligence.

RULE XIPROCEDURES OF COMMITTEES AND

UNFINISHED BUSINESS

In general

1. (a)(1)(A) The Rules of the Houseare the rules of its committees andsubcommittees so far as applicable.

(B) Each subcommittee is a part ofits committee and is subject to the au-thority and direction of that com-

mittee and to its rules, so far as appli-cable.

(2)(A) In a committee or sub-committee-

(i) a motion to recess from day today, or to recess subject to the call ofthe Chair (within 24 hours), shall beprivileged; and

(ii) a motion to dispense with thefirst reading (in full) of a bill or reso-lution shall be privileged if printedcopies are available.(B) A motion accorded privilege

under this subparagraph shall be de-cided without debate.

(b)(1) Each committee may conductat any time such investigations andstudies as it considers necessary or ap-propriate in the exercise of its respon-sibilities under rule X. Subject to theadoption of expense resolutions as re-quired by clause 6 of rule X, each com-mittee may incur expenses, includingtravel expenses, in connection withsuch investigations and studies.

(2) A proposed investigative or over-sight report shall be considered as readin committee if it has been available tothe members for at least 24 hours (ex-cluding Saturdays, Sundays, or legalholidays except when the House is insession on such a day).

(3) A report of an investigation orstudy conducted jointly by more thanone committee may be filed jointly,provided that each of the committeescomplies independently with all re-quirements for approval and filing ofthe report.

(4) After an adjournment sine die ofthe last regular session of a Congress,an investigative or oversight reportmay be filed with the Clerk at anytime, provided that a member whogives timely notice of intention to filesupplemental, minority, or additionalviews shall be entitled to not less thanseven calendar days in which to submitsuch views for inclusion in the report.

(c) Each committee may have printedand bound such testimony and otherdata as may be presented at hearingsheld by the committee or its sub-committees. All costs of stenographicservices and transcripts in connectionwith a meeting or hearing of a com-mittee shall be paid from the applica-ble accounts of the House described inclause 1(j)(1) of rule X.

(d)(1) Each committee shall submitto the House not later than January 2of each odd-numbered year a report onthe activities of that committee underthis rule and rule X during the Con-gress ending at noon on January 3 ofsuch year.

(2) Such report shall include separatesections summarizing the legislativeand oversight activities of that com-mittee during that Congress.

(3) The oversight section of such re-port shall include a summary of theoversight plans submitted by the com-mittee under clause 2(d) of rule X, asummary of the actions taken and rec-ommendations made with respect toeach such plan, a summary of any addi-tional oversight activities undertaken


by that committee, and any rec-ommendations made or actions takenthereon. That section shall also delin-eate any hearings held pursuant toclauses 2(n), (o), or (p) of this rule.

(4) After an adjournment sine die ofthe last regular session of a Congress,the chair of a committee may file anactivities report under subparagraph(1) with the Clerk at any time andwithout approval of the committee,provided that-

(A) a copy of the report has beenavailable to each member of the com-mittee for at least seven calendardays; and

(B) the report includes any supple-mental, minority, or additional viewssubmitted by a member of the com-mittee.

Adoption of written rules

2. (a)(1) Each standing committeeshall adopt written rules governing itsprocedure. Such rules-

(A) shall be adopted in a meetingthat is open to the public unless thecommittee, in open session and witha quorum present, determines byrecord vote that all or part of themeeting on that day shall be closedto the public;

(B) may not be inconsistent withthe Rules of the House or with thoseprovisions of law having the forceand effect of Rules of the House; and

(C) shall in any event incorporateall of the succeeding provisions ofthis clause to the extent applicable.(2) Each committee shall submit its

rules for publication in the Congres-sional Record not later than 30 daysafter the committee is elected in eachodd-numbered year.

(3) A committee may adopt a ruleproviding that the chair be directed tooffer a motion under clause 1 of ruleXXII whenever the chair considers itappropriate.

Regular meeting days

(b) Each standing committee shallestablish regular meeting days for theconduct of its business, which shall benot less frequent than monthly. Eachsuch committee shall meet for the con-sideration of a bill or resolution pend-ing before the committee or the trans-action of other committee business onall regular meeting days fixed by thecommittee unless otherwise providedby written rule adopted by the com-mittee.

Additional and special meetings

(c)(1) The chair of each standing com-mittee may call and convene, as thechair considers necessary, additionaland special meetings of the committeefor the consideration of a bill or resolu-tion pending before the committee orfor the conduct of other committeebusiness, subject to such rules as thecommittee may adopt. The committeeshall meet for such purpose under thatcall of the chair.

(2) Three or more members of astanding committee may file in the of-fices of the committee a written re-

quest that the chair call a specialmeeting of the committee. Such re-quest shall specify the measure or mat-ter to be considered. Immediately uponthe filing of the request, the clerk ofthe committee shall notify the chair ofthe filing of the request. If the chairdoes not call the requested specialmeeting within three calendar daysafter the filing of the request (to beheld within seven calendar days afterthe filing of the request) a majority ofthe members of the committee may filein the offices of the committee theirwritten notice that a special meetingof the committee will be held. Thewritten notice shall specify the dateand hour of the special meeting and themeasure or matter to be considered.The committee shall meet on that dateand hour. Immediately upon the filingof the notice, the clerk of the com-mittee shall notify all members of thecommittee that such special meetingwill be held and inform them of its dateand hour and the measure or matter tobe considered. Only the measure ormatter specified in that notice may beconsidered at that special meeting.Temporary absence of chair

(d) A member of the majority partyon each standing committee or sub-committee thereof shall be designatedby the chair of the full committee asthe vice chair of the committee or sub-committee, as the case may be, andshall preside during the absence of thechair from any meeting. If the chairand vice chair of a committee or sub-committee are not present at anymeeting of the committee or sub-committee, the ranking majority mem-ber who is present shall preside at thatmeeting.Committee records

(e)(1)(A) Each committee shall keep acomplete record of all committee ac-tion which shall include-

(i) in the case of a meeting or hear-ing transcript, a substantially ver-batim account of remarks actuallymade during the proceedings, subjectonly to technical, grammatical, andtypographical corrections authorizedby the person making the remarksinvolved; and

(ii) a record of the votes on anyquestion on which a record vote is de-manded.(B)(i) Except as provided in subdivi-

sion (B)(ii) and subject to paragraph(k)(7), the result of each such recordvote shall be made available by thecommittee for inspection by the publicat reasonable times in its offices. Infor-mation so available for public inspec-tion shall include a description of theamendment, motion, order, or otherproposition, the name of each membervoting for and each member votingagainst such amendment, motion,order, or proposition, and the names ofthose members of the committeepresent but not voting.

(ii) The result of any record votetaken in executive session in the Com-mittee on Standards of Official Con-

duct may not be made available for in-spection by the public without an af-firmative vote of a majority of themembers of the committee.

(2)(A) Except as provided in subdivi-sion (B), all committee hearings,records, data, charts, and files shall bekept separate and distinct from thecongressional office records of themember serving as its chair. Suchrecords shall be the property of theHouse, and each Member, Delegate, andthe Resident Commissioner shall haveaccess thereto.

(B) A Member, Delegate, or ResidentCommissioner, other than members ofthe Committee on Standards of OfficialConduct, may not have access to therecords of that committee respectingthe conduct of a Member, Delegate,Resident Commissioner, officer, or em-ployee of the House without the spe-cific prior permission of that com-mittee.

(3) Each committee shall include inits rules standards for availability ofrecords of the committee delivered tothe Archivist of the United Statesunder rule VII. Such standards shallspecify procedures for orders of thecommittee under clause 3(b)(3) andclause 4(b) of rule VII, including a re-quirement that nonavailability of arecord for a period longer than the pe-riod otherwise applicable under thatrule shall be approved by vote of thecommittee.

(4) Each committee shall make itspublications available in electronicform to the maximum extent feasible.

Prohibition against proxy voting

(f) A vote by a member of a com-mittee or subcommittee with respectto any measure or matter may not becast by proxy.

Open meetings and hearings

(g)(1) Each meeting for the trans-action of business, including the mark-up of legislation, by a standing com-mittee or subcommittee thereof (otherthan the Committee on Standards ofOfficial Conduct or its subcommittees)shall be open to the public, includingto radio, television, and still photog-raphy coverage, except when the com-mittee or subcommittee, in open ses-sion and with a majority present, de-termines by record vote that all or partof the remainder of the meeting onthat day shall be in executive sessionbecause disclosure of matters to beconsidered would endanger national se-curity, would compromise sensitive lawenforcement information, would tendto defame, degrade, or incriminate anyperson, or otherwise would violate alaw or rule of the House. Persons, otherthan members of the committee andsuch noncommittee Members, Dele-gates, Resident Commissioner, congres-sional staff, or departmental represent-atives as the committee may author-ize, may not be present at a business ormarkup session that is held in execu-tive session. This subparagraph doesnot apply to open committee hearings,

RULES OF THE

which are governed by clause 4(a)(1) ofrule X or by subparagraph (2).

(2)(A) Each hearing conducted by acommittee or subcommittee (otherthan the Committee on Standards ofOfficial Conduct or its subcommittees)shall be open to the public, includingto radio, television, and still photog-raphy coverage, except when the com-mittee or subcommittee, in open ses-sion and with a majority present, de-termines by record vote that all or partof the remainder of that hearing onthat day shall be closed to the publicbecause disclosure of testimony, evi-dence, or other matters to be consid-ered would endanger national security,would compromise sensitive law en-forcement information, or would vio-late a law or rule of the House.

(B) Notwithstanding the require-ments of subdivision (A), in the pres-ence of the number of members re-quired under the rules of the com-mittee for the purpose of taking testi-mony, a majority of those presentmay-

(i) agree to close the hearing forthe sole purpose of discussing wheth-er testimony or evidence to be re-ceived would endanger national secu-rity, would compromise sensitive lawenforcement information, or wouldviolate clause 2(k)(5); or

(ii) agree to close the hearing asprovided in clause 2(k)(5).(C) A Member, Delegate, or Resident

Commissioner may not be excludedfrom nonparticipatory attendance at ahearing of a committee or sub-committee (other than the Committeeon Standards of Official Conduct or itssubcommittees) unless the House bymajority vote authorizes a particularcommittee or subcommittee, for pur-poses of a particular series of hearingson a particular article of legislation oron a particular subject of investiga-tion, to close its hearings to Members,Delegates, and the Resident Commis-sioner by the same procedures specifiedin this subparagraph for closing hear-ings to the public.

(D) The committee or subcommitteemay vote by the same procedure de-scribed in this subparagraph to closeone subsequent day of hearing, exceptthat the Committee on Appropriations,the Committee on Armed Services, andthe Permanent Select Committee onIntelligence, and the subcommitteesthereof, may vote by the same proce-dure to close up to five additional, con-secutive days of hearings.

(3) The chair of each committee(other than the Committee on Rules)shall make public announcement of thedate, place, and subject matter of acommittee hearing at least one weekbefore the commencement of the hear-ing. If the chair of the committee, withthe concurrence of the ranking minor-ity member, determines that there isgood cause to begin a hearing sooner,or if the committee so determines bymajority vote in the presence of thenumber of members required under therules of the committee for the trans-

action of business, the chair shallmake the announcement at the earliestpossible date. An announcement madeunder this subparagraph shall be pub-lished promptly in the Daily Digestand made available in electronic form.

(4) Each committee shall, to thegreatest extent practicable, requirewitnesses who appear before it to sub-mit in advance written statements ofproposed testimony and to limit theirinitial presentations to the committeeto brief summaries thereof. In the caseof a witness appearing in a nongovern-mental capacity, a written statementof proposed testimony shall include acurriculum vitae and a disclosure ofthe amount and source (by agency andprogram) of each Federal grant (orsubgrant thereof) or contract (or sub-contract thereof) received during thecurrent fiscal year or either of the twoprevious fiscal years by the witness orby an entity represented by the wit-ness.

(5)(A) Except as provided in subdivi-sion (B), a point of order does not liewith respect to a measure reported bya committee on the ground that hear-ings on such measure were not con-ducted in accordance with this clause.

(B) A point of order on the ground de-scribed in subdivision (A) may be madeby a member of the committee that re-ported the measure if such point oforder was timely made and improperlydisposed of in the committee.

(6) This paragraph does not apply tohearings of the Committee on Appro-priations under clause 4(a)(1) ofrule X.

Quorum requirements

(h)(1) A measure or recommendationmay not be reported by a committeeunless a majority of the committee isactually present.

(2) Each committee may fix the num-ber of its members to constitute aquorum for taking testimony and re-ceiving evidence, which may not beless than two.

(3) Each committee (other than theCommittee on Appropriations, theCommittee on the Budget, and theCommittee on Ways and Means) mayfix the number of its members to con-stitute a quorum for taking any actionother than one for which the presenceof a majority of the committee is oth-erwise required, which may not be lessthan one-third of the members.

(4)(A) Each committee may adopt arule authorizing the chair of a com-mittee or subcommittee-

(i) to postpone further proceedingswhen a record vote is ordered on thequestion of approving a measure ormatter or on adopting an amend-ment; and

(ii) to resume proceedings on apostponed question at any time afterreasonable notice.(B) A rule adopted pursuant to this

subparagraph shall provide that whenproceedings resume on a postponedquestion, notwithstanding any inter-vening order for the previous question,

an underlying proposition shall remainsubject to further debate or amend-ment to the same extent as when thequestion was postponed.Limitation on committee sittings

(i) A committee may not sit during ajoint session of the House and Senateor during a recess when a joint meetingof the House and Senate is in progress.

Calling and questioning of witnesses

(j)(1) Whenever a hearing is con-ducted by a committee on a measure ormatter, the minority members of thecommittee shall be entitled, upon re-quest to the chair by a majority ofthem before the completion of thehearing, to call witnesses selected bythe minority to testify with respect tothat measure or matter during at leastone day of hearing thereon.

(2)(A) Subject to subdivisions (B) and(C), each committee shall apply thefive-minute rule during the ques-tioning of witnesses in a hearing untilsuch time as each member of the com-mittee who so desires has had an op-portunity to question each witness.

(B) A committee may adopt a rule ormotion permitting a specified numberof its members to question a witnessfor longer than five minutes. The timefor extended questioning of a witnessunder this subdivision shall be equalfor the majority party and the minor-ity party and may not exceed one hourin the aggregate.

(C) A committee may adopt a rule ormotion permitting committee staff forits majority and minority party mem-bers to question a witness for equalspecified periods. The time for ex-tended questioning of a witness underthis subdivision shall be equal for themajority party and the minority partyand may not exceed one hour in the ag-gregate.

Hearing procedures

(k)(1) The chair at a hearing shall an-nounce in an opening statement thesubject of the hearing.

(2) A copy of the committee rules andof this clause shall be made availableto each witness on request.

(3) Witnesses at hearings may be ac-companied by their own counsel for thepurpose of advising them concerningtheir constitutional rights.

(4) The chair may punish breaches oforder and decorum, and of professionalethics on the part of counsel, by cen-sure and exclusion from the hearings;and the committee may cite the of-fender to the House for contempt.

(5) Whenever it is asserted by a mem-ber of the committee that the evidenceor testimony at a hearing may tend todefame, degrade, or incriminate anyperson, or it is asserted by a witnessthat the evidence or testimony thatthe witness would give at a hearingmay tend to defame, degrade, or in-criminate the witness-

(A) notwithstanding paragraph(g)(2), such testimony or evidenceshall be presented in executive ses-sion if, in the presence of the number


of members required under the rulesof the committee for the purpose oftaking testimony, the committee de-termines by vote of a majority ofthose present that such evidence ortestimony may tend to defame, de-grade, or incriminate any person; and

(B) the committee shall proceed toreceive such testimony in open ses-sion only if the committee, a major-ity being present, determines thatsuch evidence or testimony will nottend to defame, degrade, or incrimi-nate any person.

In either case the committee shall af-ford such person an opportunity volun-tarily to appear as a witness, and re-ceive and dispose of requests from suchperson to subpoena additional wit-nesses.

(6) Except as provided in subpara-graph (5), the chair shall receive andthe committee shall dispose of requeststo subpoena additional witnesses.

(7) Evidence or testimony taken inexecutive session, and proceedings con-ducted in executive session, may be re-leased or used in public sessions onlywhen authorized by the committee, amajority being present.

(8) In the discretion of the com-mittee, witnesses may submit brief andpertinent sworn statements in writingfor inclusion in the record. The com-mittee is the sole judge of the perti-nence of testimony and evidence ad-duced at its hearing.

(9) A witness may obtain a transcriptcopy of the testimony of such witnessgiven at a public session or, if given atan executive session, when authorizedby the committee.

Supplemental, minority, or additionalviews

(1) If at the time of approval of ameasure or matter by a committee(other than the Committee on Rules) amember of the committee gives noticeof intention to file supplemental, mi-nority, or additional views for inclu-sion in the report to the House there-on, that member shall be entitled tonot less than two additional calendardays after the day of such notice (ex-cluding Saturdays, Sundays, and legalholidays except when the House is insession on such a day) to file suchviews, in writing and signed by thatmember, with the clerk of the com-mittee.

Power to sit and act; subpoena power

(m)(1) For the purpose of carryingout any of its functions and dutiesunder this rule and rule X (includingany matters referred to it under clause2 of rule XII), a committee or sub-committee is authorized (subject tosubparagraph (3)(A))--

(A) to sit and act at such times andplaces within the United States,whether the House is in session, hasrecessed, or has adjourned, and tohold such hearings as it considersnecessary; and

(B) to require, by subpoena or oth-erwise, the attendance and testimonyof such witnesses and the production

of such books, records, correspond-ence, memoranda, papers, and docu-ments as it considers necessary.(2) The chair of the committee, or a

member designated by the chair, mayadminister oaths to witnesses.

(3)(A)(i) Except as provided in sub-division (A)(ii), a subpoena may be au-thorized and issued by a committee orsubcommittee under subparagraph(1)(B) in the conduct of an investiga-tion or series of investigations or ac-tivities only when authorized by thecommittee or subcommittee, a major-ity being present. The power to author-ize and issue subpoenas under subpara-graph (1)(B) may be delegated to thechair of the committee under suchrules and under such limitations as thecommittee may prescribe. Authorizedsubpoenas shall be signed by the chairof the committee or by a member des-ignated by the committee.

(ii) In the case of a subcommittee ofthe Committee on Standards of OfficialConduct, a subpoena may be authorizedand issued only by an affirmative voteof a majority of its members.(B) A subpoena duces tecum may

specify terms of return other than at ameeting or hearing of the committeeor subcommittee authorizing the sub-poena.

(C) Compliance with a subpoenaissued by a committee or sub-committee under subparagraph (1)(B)may be enforced only as authorized ordirected by the House.

(n)(1) Each standing committee, or asubcommittee thereof, shall hold atleast one hearing during each 120-dayperiod following the establishment ofthe committee on the topic of waste,fraud, abuse, or mismanagement inGovernment programs which that com-mittee may authorize.

(2) A hearing described in subpara-graph (1) shall include a focus on themost egregious instances of waste,fraud, abuse, or mismanagement asdocumented by any report the com-mittee has received from a Federal Of-fice of the Inspector General or theComptroller General of the UnitedStates.

(0o) Each committee, or a sub-committee thereof, shall hold at leastone hearing in any session in which thecommittee has received disclaimers ofagency financial statements from audi-tors of any Federal agency that thecommittee may authorize to hear testi-mony on such disclaimers from rep-resentatives of any such agency.

(p) Each standing committee, or asubcommittee thereof, shall hold atleast one hearing on issues raised byreports issued by the Comptroller Gen-eral of the United States indicatingthat Federal programs or operationsthat the committee may authorize areat high risk for waste, fraud, and mis-management, known as the "high-risklist" or the "high-risk series."

Committee on Standards of OfficialConduct

3. (a) The Committee on Standards ofOfficial Conduct has the followingfunctions:

(1) The committee may recommendto the House from time to time suchadministrative actions as it may con-sider appropriate to establish or en-force standards of official conduct forMembers, Delegates, the ResidentCommissioner, officers, and employ-ees of the House. A letter of reprovalor other administrative action of thecommittee pursuant to an investiga-tion under subparagraph (2) shallonly be issued or implemented as apart of a report required by such sub-paragraph.

(2) The committee may investigate,subject to paragraph (b), an allegedviolation by a Member, Delegate,Resident Commissioner, officer, oremployee of the House of the Code ofOfficial Conduct or of a law, rule,regulation, or other standard of con-duct applicable to the conduct ofsuch Member, Delegate, ResidentCommissioner, officer, or employeein the performance of the duties orthe discharge of the responsibilitiesof such individual. After notice andhearing (unless the right to a hearingis waived by the Member, Delegate,Resident Commissioner, officer, oremployee), the committee shall re-port to the House its findings of factand recommendations, if any, for thefinal disposition of any such inves-tigation and such action as the com-mittee may consider appropriate inthe circumstances.

(3) The committee may report tothe appropriate Federal or State au-thorities, either with the approval ofthe House or by an affirmative voteof two-thirds of the members of thecommittee, any substantial evidenceof a violation by a Member, Delegate,Resident Commissioner, officer, oremployee of the House, of a law ap-plicable to the performance of theduties or the discharge of the respon-sibilities of such individual that mayhave been disclosed in a committeeinvestigation.

(4) The committee may considerthe request of a Member, Delegate,Resident Commissioner, officer, oremployee of the House for an advi-sory opinion with respect to the gen-eral propriety of any current or pro-posed conduct of such Member, Dele-gate, Resident Commissioner, officer,or employee. With appropriate dele-tions to ensure the privacy of theperson concerned, the committeemay publish such opinion for theguidance of other Members, Dele-gates, the Resident Commissioner,officers, and employees of the House.

(5) The committee may considerthe request of a Member, Delegate,Resident Commissioner, officer, oremployee of the House for a writtenwaiver in exceptional circumstanceswith respect to clause 4 of rule XXIII.

RULES OF THE

(6)(A) The committee shall offerannual ethics training to each Mem-ber, Delegate, Resident Commis-sioner, officer, and employee of theHouse. Such training shall-

(i) involve the classes of employ-ees for whom the committee deter-mines such training to be appro-priate; and

(ii) include such knowledge of theCode of Official Conduct and re-lated House rules as may be deter-mined appropriate by the com-mittee.(B)(i) A new officer or employee of

the House shall receive trainingunder this paragraph not later than60 days after beginning service to theHouse.

(ii) Not later than January 31 ofeach year, each officer and employeeof the House shall file a certificationwith the committee that the officeror employee attended ethics trainingin the last year as established by thissubparagraph.(b)(1)(A) Unless approved by an af-

firmative vote of a majority of itsmembers, the Committee on Standardsof Official Conduct may not report aresolution, report, recommendation, oradvisory opinion relating to the offi-cial conduct of a Member, Delegate,Resident Commissioner, officer, or em-ployee of the House, or, except as pro-vided in subparagraph (2), undertake aninvestigation of such conduct.

(B)(i) Upon the receipt of informationoffered as a complaint that is in com-pliance with this rule and the rules ofthe committee, the chair and rankingminority member jointly may appointmembers to serve as an investigativesubcommittee.

(ii) The chair and ranking minoritymember of the committee jointly maygather additional information con-cerning alleged conduct that is thebasis of a complaint or of informationoffered as a complaint until they haveestablished an investigative sub-committee or either of them has placedon the agenda of the committee theissue of whether to establish an inves-tigative subcommittee.

(2) Except in the case of an investiga-tion undertaken by the committee onits own initiative, the committee mayundertake an investigation relating tothe official conduct of an individualMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse only-

(A) upon receipt of information of-fered as a complaint, in writing andunder oath, from a Member, Dele-gate, or Resident Commissioner andtransmitted to the committee bysuch Member, Delegate, or ResidentCommissioner;

(B) upon receipt of information of-fered as a complaint, in writing andunder oath, from a person not aMember, Delegate, or Resident Com-missioner provided that a Member,Delegate, or Resident Commissionercertifies in writing to the committeethat such Member, Delegate, or Resi-

dent Commissioner believes the in-formation is submitted in good faithand warrants the review and consid-eration of the committee; or

(C) upon receipt of a report regard-ing a referral from the board of theOffice of Congressional Ethics.

If a complaint is not disposed of withinthe applicable periods set forth in therules of the Committee on Standards ofOfficial Conduct, the chair and rankingminority member shall establish joint-ly an investigative subcommittee andforward the complaint, or any portionthereof, to that subcommittee for itsconsideration. However, if at any timeduring those periods either the chair orranking minority member places onthe agenda the issue of whether to es-tablish an investigative subcommittee,then an investigative subcommitteemay be established only by an affirma-tive vote of a majority of the membersof the committee.

(3) The committee may not under-take an investigation of an alleged vio-lation of a law, rule, regulation, orstandard of conduct that was not in ef-fect at the time of the alleged viola-tion. The committee may not under-take an investigation of such an al-leged violation that occurred beforethe third previous Congress unless thecommittee determines that the allegedviolation is directly related to an al-leged violation that occurred in a morerecent Congress.

(4) A member of the committee shallbe ineligible to participate as a mem-ber of the committee in a committeeproceeding relating to the member's of-ficial conduct. Whenever a member ofthe committee is ineligible to act as amember of the committee under thepreceding sentence, the Speaker shalldesignate a Member, Delegate, or Resi-dent Commissioner from the same po-litical party as the ineligible memberto act in any proceeding of the com-mittee relating to that conduct.

(5) A member of the committee mayseek disqualification from partici-pating in an investigation of the con-duct of a Member, Delegate, ResidentCommissioner, officer, or employee ofthe House upon the submission in writ-ing and under oath of an affidavit ofdisqualification stating that the mem-ber cannot render an impartial and un-biased decision in the case in which themember seeks to be disqualified. If thecommittee approves and accepts suchaffidavit of disqualification, the chairshall so notify the Speaker and requestthe Speaker to designate a Member,Delegate, or Resident Commissionerfrom the same political party as thedisqualifying member to act in anyproceeding of the committee relatingto that case.

(6) Information or testimony re-ceived, or the contents of a complaintor the fact of its filing, may not bepublicly disclosed by any committee orstaff member unless specifically au-thorized in each instance by a vote ofthe full committee.

(7) The committee shall have thefunctions designated in titles I and Vof the Ethics in Government Act of1978, in sections 7342, 7351, and 7353 oftitle 5, United States Code, and inclause 11(g)(4) of rule X.

(8)(A) Except as provided by subdivi-sions (B), (C), and (D), not later than 45calendar days or 5 legislative days,whichever is later, after receipt of awritten report and any findings andsupporting documentation regarding areferral from the board of the Office ofCongressional Ethics or of a referral ofthe matter from the board pursuant toa request under paragraph (r), the chairof the Committee on Standards of Offi-cial Conduct shall make public thewritten report and findings of theboard unless the chair and rankingmember, acting jointly, decide or thecommittee votes to withhold such in-formation for not more than one addi-tional period of the same duration, inwhich case the chair shall-

(i) upon the termination of such ad-ditional period, make public thewritten report and findings; and

(ii) upon the day of such decision orvote, make a public statement thatthe committee has voted to extendthe matter relating to the referralmade by the board of the Office ofCongressional Ethics regarding theMember, officer, or employee of theHouse who is the subject of the appli-cable referral.

At least one calendar day before thecommittee makes public any writtenreport and findings of the board, thechair shall notify such board and theapplicable Member, officer, or em-ployee of that fact and transmit tosuch individual a copy of the statementon the committee's disposition of, andany committee report on, the matter.

(B)(i) Notwithstanding subdivision(A)(i), if the committee votes to dis-miss a matter which is the subject of areferral from the board of the Office ofCongressional Ethics, the committee isnot required to make public the writ-ten report and findings described insuch subdivision unless the commit-tee's vote is inconsistent with the rec-ommendation of the board. For pur-poses of the previous sentence, a voteby the committee to dismiss a matteris not inconsistent with a report fromthe board respecting the matter as un-resolved due to a tie vote.

(ii) Notwithstanding subdivision(A)(ii), if the board transmits a reportrespecting any matter with a rec-ommendation to dismiss or as unre-solved due to a tie vote, and the com-mittee votes to extend the matter foran additional period as provided in sub-division (A), the committee is not re-quired to make a public statement thatthe committee has voted to extend thematter.

(iii) Except as provided by subdivi-sion (E), if the committee establishesan investigative subcommittee respect-ing any such matter, then the reportand findings of the board shall not bemade public until the conclusion of the


investigative subcommittee processand the committee shall issue a publicstatement of the establishment of aninvestigative subcommittee, whichstatement shall include the name ofthe applicable Member, officer, or em-ployee, and shall set forth the allegedviolation. If any such investigativesubcommittee does not conclude its re-view within one year after the boardtransmits a report respecting any mat-ter, then the committee shall makepublic the report and upon the expira-tion of the Congress in which the re-port is made public, the committeeshall make public any findings.

(C)(i) If, after receipt of a written re-port and any findings and supportingdocumentation regarding a referralfrom the board of the Office of Congres-sional Ethics or of a referral of thematter from the board pursuant to arequest under paragraph (r), the com-mittee agrees to a request from an ap-propriate law enforcement or regu-latory authority to defer taking actionon the matter-

(I) notwithstanding subdivision(A)(i), the committee is not requiredto make public the written reportand findings described in such sub-division, except that if the rec-ommendation of the board with re-spect to the report is that the matterrequires further review, the com-mittee shall make public the writtenreport but not the findings; and

(II) before the end of the first day(excluding Saturdays, Sundays, andpublic holidays) after the day thatthe committee agrees to the request,the committee shall make a publicstatement that it is deferring takingaction on the matter at the requestof such authority.(ii) If, upon the expiration of the one-

year period that begins on the date thecommittee makes the public statementdescribed in item (i)(II), the committeehas not acted on the matter, the com-mittee shall make a new public state-ment that it is still deferring takingaction on the matter, and shall make anew statement upon the expiration ofeach succeeding one-year period duringwhich the committee has not acted onthe matter.

(D) The committee may not receiveany referral from the board of the Of-fice of Congressional Ethics within 60days before a Federal, State, or localelection in which the subject of the re-ferral is a candidate. The committeemay delay any reporting requirementunder this subparagraph that fallswithin that 60-day period until the endof such period and in that case, for pur-poses of subdivision (A), days withinthe 60-day period shall not be counted.

(E) If, at the close of any applicableperiod for a reporting requirementunder this subparagraph with respectto a referral from the board of the Of-fice of Congressional Ethics, the voteof the committee is a tie or the com-mittee fails to act, the report and thefindings of the board shall be madepublic by the committee, along with a

public statement by the chair explain-ing the status of the matter.

(c)(1) Notwithstanding clause 2(g)(1)of rule XI, each meeting of the Com-mittee on Standards of Official Con-duct or a subcommittee thereof shalloccur in executive session unless thecommittee or subcommittee, by an af-firmative vote of a majority of itsmembers, opens the meeting to thepublic.

(2) Notwithstanding clause 2(g)(2) ofrule XI, each hearing of an adjudica-tory subcommittee or sanction hearingof the Committee on Standards of Offi-cial Conduct shall be held in open ses-sion unless the committee or sub-committee, in open session by an af-firmative vote of a majority of itsmembers, closes all or part of the re-mainder of the hearing on that day tothe public.

(d) Before a member, officer, or em-ployee of the Committee on Standardsof Official Conduct, including membersof a subcommittee of the committeeselected under clause 5(a)(4) of rule Xand shared staff, may have access toinformation that is confidential underthe rules of the committee, the fol-lowing oath (or affirmation) shall beexecuted:

"I do solemnly swear (or affirm)that I will not disclose, to any personor entity outside the Committee onStandards of Official Conduct, anyinformation received in the course ofmy service with the committee, ex-cept as authorized by the committeeor in accordance with its rules."

Copies of the executed oath shall be re-tained by the Clerk as part of therecords of the House. This paragraphestablishes a standard of conduct with-in the meaning of paragraph (a)(2).Breaches of confidentiality shall be in-vestigated by the Committee on Stand-ards of Official Conduct and appro-priate action shall be taken.

(e)(1) If a complaint or informationoffered as a complaint is deemed frivo-lous by an affirmative vote of a major-ity of the members of the Committeeon Standards of Official Conduct, thecommittee may take such action as it,by an affirmative vote of a majority ofits members, considers appropriate inthe circumstances.

(2) Complaints filed before the OneHundred Fifth Congress may not bedeemed frivolous by the Committee onStandards of Official Conduct.

Committee agendas

(f) The committee shall adopt rulesproviding that the chair shall establishthe agenda for meetings of the com-mittee, but shall not preclude theranking minority member from placingany item on the agenda.

Committee staff

(g)(1) The committee shall adoptrules providing that-

(A) the staff be assembled and re-tained as a professional, nonpartisanstaff;

(B) each member of the staff shallbe professional and demonstrably

qualified for the position for whichhired;

(C) the staff as a whole and eachmember of the staff shall perform allofficial duties in a nonpartisan man-ner;

(D) no member of the staff shall en-gage in any partisan political activ-ity directly affecting any congres-sional or presidential election;

(E) no member of the staff or out-side counsel may accept publicspeaking engagements or write forpublication on any subject that is inany way related to the employmentor duties with the committee of suchindividual without specific prior ap-proval from the chair and rankingminority member; and

(F) no member of the staff or out-side counsel may make public, unlessapproved by an affirmative vote of amajority of the members of the com-mittee, any information, document,or other material that is confiden-tial, derived from executive session,or classified and that is obtained dur-ing the course of employment withthe committee.(2) Only subdivisions (C), (E), and (F)

of subparagraph (1) shall apply toshared staff.

(3)(A) All staff members shall be ap-pointed by an affirmative vote of a ma-jority of the members of the com-mittee. Such vote shall occur at thefirst meeting of the membership of thecommittee during each Congress and asnecessary during the Congress.

(B) Subject to the approval of theCommittee on House Administration,the committee may retain counsel notemployed by the House of Representa-tives whenever the committee deter-mines, by an affirmative vote of a ma-jority of the members of the com-mittee, that the retention of outsidecounsel is necessary and appropriate.

(C) If the committee determines thatit is necessary to retain staff membersfor the purpose of a particular inves-tigation or other proceeding, then suchstaff shall be retained only for the du-ration of that particular investigationor proceeding.

(D) Outside counsel may be dismissedbefore the end of a contract betweenthe committee and such counsel onlyby an affirmative vote of a majority ofthe members of the committee.

(4) In addition to any other staff pro-vided for by law, rule, or other author-ity, with respect to the committee, thechair and ranking minority membereach may appoint one individual as ashared staff member from the respec-tive personal staff of the chair or rank-ing minority member to perform serv-ice for the committee. Such sharedstaff may assist the chair or rankingminority member on any sub-committee on which the chair or rank-ing minority member serves.

Meetings and hearings

(h)(1) The committee shall adoptrules providing that-

RULES OF THE

(A) all meetings or hearings of thecommittee or any subcommitteethereof, other than any hearing heldby an adjudicatory subcommittee orany sanction hearing held by thecommittee, shall occur in executivesession unless the committee or sub-committee by an affirmative vote ofa majority of its members opens themeeting or hearing to the public; and

(B) any hearing held by an adju-dicatory subcommittee or any sanc-tion hearing held by the committeeshall be open to the public unless thecommittee or subcommittee by an af-firmative vote of a majority of itsmembers closes the hearing to thepublic.

Public disclosure

(i) The committee shall adopt rulesproviding that, unless otherwise deter-mined by a vote of the committee, onlythe chair or ranking minority member,after consultation with each other,may make public statements regardingmatters before the committee or anysubcommittee thereof.

Requirements to constitute a complaint

(j) The committee shall adopt rulesregarding complaints to provide thatwhenever information offered as a com-plaint is submitted to the committee,the chair and ranking minority mem-ber shall have 14 calendar days or fivelegislative days, whichever is sooner,to determine whether the informationmeets the requirements of the rules ofthe committee for what constitutes acomplaint.

Duties of chair and ranking minoritymember regarding properly filedcomplaints

(k)(1) The committee shall adoptrules providing that whenever thechair and ranking minority memberjointly determine that informationsubmitted to the committee meets therequirements of the rules of the com-mittee for what constitutes a com-plaint, they shall have 45 calendar daysor five legislative days, whichever islater, after that determination (unlessthe committee by an affirmative voteof a majority of its members votes oth-erwise) to-

(A) recommend to the committeethat it dispose of the complaint, orany portion thereof, in any mannerthat does not require action by theHouse, which may include dismissalof the complaint or resolution of thecomplaint by a letter to the Member,officer, or employee of the Houseagainst whom the complaint is made;

(B) establish an investigative sub-committee; or

(C) request that the committee ex-tend the applicable 45-calendar dayor five-legislative day period by oneadditional 45-calendar day periodwhen they determine more time isnecessary in order to make a rec-ommendation under subdivision (A).(2) The committee shall adopt rules

providing that if the chair and rankingminority member jointly determine

that information submitted to thecommittee meets the requirements ofthe rules of the committee for whatconstitutes a complaint, and the com-plaint is not disposed of within the ap-plicable time periods under subpara-graph (1), then they shall establish aninvestigative subcommittee and for-ward the complaint, or any portionthereof, to that subcommittee for itsconsideration. However, if, at any timeduring those periods, either the chairor ranking minority member places onthe agenda the issue of whether to es-tablish an investigative subcommittee,then an investigative subcommitteemay be established only by an affirma-tive vote of a majority of the membersof the committee.

Duties of chair and ranking minoritymember regarding information notconstituting a complaint

(1) The committee shall adopt rulesproviding that whenever the chair andranking minority member jointly de-termine that information submitted tothe committee does not meet the re-quirements of the rules of the com-mittee for what constitutes a com-plaint, they may-

(1) return the information to thecomplainant with a statement that itfails to meet the requirements of therules of the committee for what con-stitutes a complaint; or

(2) recommend to the committeethat it authorize the establishmentof an investigative subcommittee.

Investigative and adjudicatorysubcommittees

(m) The committee shall adopt rulesproviding that--

(1)(A) an investigative sub-committee shall be composed of fourMembers (with equal representationfrom the majority and minority par-ties) whenever such a subcommitteeis established pursuant to the rulesof the committee;

(B) an adjudicatory subcommitteeshall be composed of the members ofthe committee who did not serve onthe pertinent investigative sub-committee (with equal representa-tion from the majority and minorityparties) whenever such a sub-committee is established pursuant tothe rules of the committee; and

(C) notwithstanding any other pro-vision of this clause, the chair andranking minority member of thecommittee may consult with an in-vestigative subcommittee either ontheir own initiative or on the initia-tive of the subcommittee, shall haveaccess to information before a sub-committee with which they so con-sult, and shall not thereby be pre-cluded from serving as full, votingmembers of any adjudicatory sub-committee;

(2) at the time of appointment, thechair shall designate one member ofa subcommittee to serve as chair andthe ranking minority member shalldesignate one member of the sub-

committee to serve as the rankingminority member; and

(3) the chair and ranking minoritymember of the committee may serveas members of an investigative sub-committee, but may not serve asnon-voting, ex officio members.

Standard of proof for adoption ofstatement of alleged violation

(n) The committee shall adopt rulesto provide that an investigative sub-committee may adopt a statement ofalleged violation only if it determinesby an affirmative vote of a majority ofthe members of the subcommittee thatthere is substantial reason to believethat a violation of the Code of OfficialConduct, or of a law, rule, regulation,or other standard of conduct applicableto the performance of official duties orthe discharge of official responsibilitiesby a Member, officer, or employee ofthe House of Representatives, has oc-curred.

Subcommittee powers

(o)(1) The committee shall adoptrules providing that an investigativesubcommittee or an adjudicatory sub-committee may authorize and issuesubpoenas only when authorized by anaffirmative vote of a majority of themembers of the subcommittee.

(2) The committee shall adopt rulesproviding that an investigative sub-committee may, upon an affirmativevote of a majority of its members, ex-pand the scope of its investigation ap-proved by an affirmative vote of a ma-jority of the members of the com-mittee.

(3) The committee shall adopt rulesto provide that-

(A) an investigative subcommitteemay, upon an affirmative vote of amajority of its members, amend itsstatement of alleged violation any-time before the statement of allegedviolation is transmitted to the com-mittee; and

(B) if an investigative sub-committee amends its statement ofalleged violation, the respondentshall be notified in writing and shallhave 30 calendar days from the dateof that notification to file an answerto the amended statement of allegedviolation.

Due process rights of respondents

(p) The committee shall adopt rulesto provide that-

(1) not less than 10 calendar daysbefore a scheduled vote by an inves-tigative subcommittee on a state-ment of alleged violation, the sub-committee shall provide the respond-ent with a copy of the statement ofalleged violation it intends to adopttogether with all evidence it intendsto use to prove those charges whichit intends to adopt, including docu-mentary evidence, witness testi-mony, memoranda of witness inter-views, and physical evidence, unlessthe subcommittee by an affirmativevote of a majority of its members de-cides to withhold certain evidence in


order to protect a witness; but if suchevidence is withheld, the sub-committee shall inform the respond-ent that evidence is being withheldand of the count to which such evi-dence relates;

(2) neither the respondent nor thecounsel of the respondent shall, di-rectly or indirectly, contact the sub-committee or any member thereofduring the period of time set forth inparagraph (1) except for the sole pur-pose of settlement discussions wherecounsel for the respondent and thesubcommittee are present;

(3) if, at any time after theissuance of a statement of allegedviolation, the committee or any sub-committee thereof determines that itintends to use evidence not providedto a respondent under paragraph (1)to prove the charges contained in thestatement of alleged violation (orany amendment thereof), such evi-dence shall be made immediatelyavailable to the respondent, and itmay be used in any further pro-ceeding under the rules of the com-mittee;

(4) evidence provided pursuant toparagraph (1) or (3) shall be madeavailable to the respondent and thecounsel of the respondent only aftereach agrees, in writing, that no docu-ment, information, or other mate-rials obtained pursuant to that para-graph shall be made public until-

(A) such time as a statement ofalleged violation is made public bythe committee if the respondenthas waived the adjudicatory hear-ing; or

(B) the commencement of an ad-judicatory hearing if the respond-ent has not waived an adjudicatoryhearing;

but the failure of respondent and thecounsel of the respondent to so agreein writing, and their consequent fail-ure to receive the evidence, shall notpreclude the issuance of a statementof alleged violation at the end of theperiod referred to in paragraph (1);

(5) a respondent shall receive writ-ten notice whenever-

(A) the chair and ranking minor-ity member determine that infor-mation the committee has receivedconstitutes a complaint;

(B) a complaint or allegation istransmitted to an investigativesubcommittee;

(C) an investigative sub-committee votes to authorize itsfirst subpoena or to take testimonyunder oath, whichever occurs first;or

(D) an investigative sub-committee votes to expand thescope of its investigation;(6) whenever an investigative sub-

committee adopts a statement of al-leged violation and a respondent en-ters into an agreement with that sub-committee to settle a complaint onwhich that statement is based, thatagreement, unless the respondent re-

quests otherwise, shall be in writingand signed by the respondent and re-spondent's counsel, the chair andranking minority member of the sub-committee, and the outside counsel,if any;

(7) statements or information de-rived solely from a respondent or thecounsel of a respondent during anysettlement discussions between thecommittee or a subcommittee there-of and the respondent shall not be in-cluded in any report of the sub-committee or the committee or oth-erwise publicly disclosed without theconsent of the respondent; and

(8) whenever a motion to establishan investigative subcommittee doesnot prevail, the committee shallpromptly send a letter to the re-spondent informing the respondent ofsuch vote.

Committee reporting requirements

(q) The committee shall adopt rulesto provide that-

(1) whenever an investigative sub-committee does not adopt a state-ment of alleged violation and trans-mits a report to that effect to thecommittee, the committee may byan affirmative vote of a majority ofits members transmit such report tothe House of Representatives;

(2) whenever an investigative sub-committee adopts a statement of al-leged violation, the respondent ad-mits to the violations set forth insuch statement, the respondentwaives the right to an adjudicatoryhearing, and the respondent's waiveris approved by the committee-

(A) the subcommittee shall pre-pare a report for transmittal to thecommittee, a final draft of whichshall be provided to the respondentnot less than 15 calendar days be-fore the subcommittee votes onwhether to adopt the report;

(B) the respondent may submitviews in writing regarding the finaldraft to the subcommittee withinseven calendar days of receipt ofthat draft;

(C) the subcommittee shall trans-mit a report to the committee re-garding the statement of allegedviolation together with any viewssubmitted by the respondent pursu-ant to subdivision (B), and the com-mittee shall make the report to-gether with the respondent's viewsavailable to the public before thecommencement of any sanctionhearing; and

(D) the committee shall by an af-firmative vote of a majority of itsmembers issue a report and trans-mit such report to the House ofRepresentatives, together with therespondent's views previously sub-mitted pursuant to subdivision (B)and any additional views respond-ent may submit for attachment tothe final report; and(3) members of the committee shall

have not less than 72 hours to reviewany report transmitted to the com-

mittee by an investigative sub-committee before both the com-mencement of a sanction hearing andthe committee vote on whether toadopt the report.(r) Upon receipt of any written notifi-

cation from the board of the Office ofCongressional Ethics that the board isundertaking a review of any allegedconduct of any Member, officer, or em-ployee of the House and if the com-mittee is investigating such matter,the committee may at any time so no-tify the board and request that theboard cease its review and refer thematter to the committee for its consid-eration. If at the end of the applicabletime period (including any permissibleextension) the committee has notreached a final resolution of the matteror has not referred the matter to theappropriate Federal or State authori-ties, the committee shall so notify theboard of the Office of CongressionalEthics in writing. The committee maynot request the same matter from theboard more than one time.

Audio and visual coverage of committeeproceedings

4. (a) The purpose of this clause is toprovide a means, in conformity withacceptable standards of dignity, pro-priety, and decorum, by which com-mittee hearings or committee meet-ings that are open to the public may becovered by audio and visual means-

(1) for the education, enlighten-ment, and information of the generalpublic, on the basis of accurate andimpartial news coverage, regardingthe operations, procedures, and prac-tices of the House as a legislative andrepresentative body, and regardingthe measures, public issues, andother matters before the House andits committees, the considerationthereof, and the action taken there-on; and

(2) for the development of the per-spective and understanding of thegeneral public with respect to therole and function of the House underthe Constitution as an institution ofthe Federal Government.(b) In addition, it is the intent of this

clause that radio and television tapesand television film of any coverageunder this clause may not be used, ormade available for use, as partisan po-litical campaign material to promoteor oppose the candidacy of any personfor elective public office.(c) It is, further, the intent of this

clause that the general conduct of eachmeeting (whether of a hearing or other-wise) covered under authority of thisclause by audio or visual means, andthe personal behavior of the committeemembers and staff, other Governmentofficials and personnel, witnesses, tele-vision, radio, and press media per-sonnel, and the general public at thehearing or other meeting, shall be instrict conformity with and observanceof the acceptable standards of dignity,propriety, courtesy, and decorum tradi-

RULES OF THE

tionally observed by the House in itsoperations, and may not be such as to-

(1) distort the objects and purposesof the hearing or other meeting orthe activities of committee membersin connection with that hearing ormeeting or in connection with thegeneral work of the committee or ofthe House; or

(2) cast discredit or dishonor on theHouse, the committee, or a Member,Delegate, or Resident Commissioneror bring the House, the committee,or a Member, Delegate, or ResidentCommissioner into disrepute.(d) The coverage of committee hear-

ings and meetings by audio and visualmeans shall be permitted and con-ducted only in strict conformity withthe purposes, provisions, and require-ments of this clause.

(e) Whenever a hearing or meetingconducted by a committee or sub-committee is open to the public, thoseproceedings shall be open to coverageby audio and visual means. A com-mittee or subcommittee chair may notlimit the number of television or stillcameras to fewer than two representa-tives from each medium (except for le-gitimate space or safety consider-ations, in which case pool coverageshall be authorized).

(f) Each committee shall adopt writ-ten rules to govern its implementationof this clause. Such rules shall containprovisions to the following effect:

(1) If audio or visual coverage ofthe hearing or meeting is to be pre-sented to the public as live coverage,that coverage shall be conducted andpresented without commercial spon-sorship.

(2) The allocation among the tele-vision media of the positions or thenumber of television cameras per-mitted by a committee or sub-committee chair in a hearing ormeeting room shall be in accordancewith fair and equitable proceduresdevised by the Executive Committeeof the Radio and Television Cor-respondents' Galleries.

(3) Television cameras shall beplaced so as not to obstruct in anyway the space between a witness giv-ing evidence or testimony and anymember of the committee or the visi-bility of that witness and that mem-ber to each other.

(4) Television cameras shall oper-ate from fixed positions but may notbe placed in positions that obstructunnecessarily the coverage of thehearing or meeting by the othermedia.

(5) Equipment necessary for cov-erage by the television and radiomedia may not be installed in, or re-moved from, the hearing or meetingroom while the committee is in ses-sion.

(6)(A) Except as provided in sub-division (B), floodlights, spotlights,strobelights, and flashguns may notbe used in providing any method ofcoverage of the hearing or meeting.

(B) The television media may in-stall additional lighting in a hearingor meeting room, without cost to theGovernment, in order to raise theambient lighting level in a hearing ormeeting room to the lowest levelnecessary to provide adequate tele-vision coverage of a hearing or meet-ing at the current state of the art oftelevision coverage.

(7) In the allocation of the numberof still photographers permitted by acommittee or subcommittee chair ina hearing or meeting room, pref-erence shall be given to photog-raphers from Associated PressPhotos and United Press Inter-national Newspictures. If requestsare made by more of the media thanwill be permitted by a committee orsubcommittee chair for coverage of ahearing or meeting by still photog-raphy, that coverage shall be per-mitted on the basis of a fair and equi-table pool arrangement devised bythe Standing Committee of PressPhotographers.

(8) Photographers may not positionthemselves between the witness tableand the members of the committee atany time during the course of a hear-ing or meeting.

(9) Photographers may not placethemselves in positions that obstructunnecessarily the coverage of thehearing by the other media.

(10) Personnel providing coverageby the television and radio mediashall be currently accredited to theRadio and Television Correspondents'Galleries.

(11) Personnel providing coverageby still photography shall be cur-rently accredited to the Press Pho-tographers' Gallery.

(12) Personnel providing coverageby the television and radio media andby still photography shall conductthemselves and their coverage activi-ties in an orderly and unobtrusivemanner.

Pay of witnesses

5. Witnesses appearing before theHouse or any of its committees shall bepaid the same per diem rate as estab-lished, authorized, and regulated bythe Committee on House Administra-tion for Members, Delegates, the Resi-dent Commissioner, and employees ofthe House, plus actual expenses of trav-el to or from the place of examination.Such per diem may not be paid when awitness has been summoned at theplace of examination.

Unfinished business of the session

6. All business of the House at theend of one session shall be resumed atthe commencement of the next sessionof the same Congress in the same man-ner as if no adjournment had takenplace.

RULE XII

RECEIPT AND REFERRAL OF MEASURES

AND MATTERS

Messages

1. Messages received from the Senate,or from the President, shall be enteredon the Journal and published in theCongressional Record of the pro-ceedings of that day.

Referral

2. (a) The Speaker shall refer eachbill, resolution, or other matter thatrelates to a subject listed under astanding committee named in clause 1of rule X in accordance with the provi-sions of this clause.

(b) The Speaker shall refer mattersunder paragraph (a) in such manner asto ensure to the maximum extent fea-sible that each committee that has ju-risdiction under clause 1 of rule X overthe subject matter of a provision there-of may consider such provision and re-port to the House thereon. Precedents,rulings, or procedures in effect beforethe Ninety-Fourth Congress shall beapplied to referrals under this clauseonly to the extent that they will con-tribute to the achievement of the ob-jectives of this clause.

(c) In carrying out paragraphs (a) and(b) with respect to the referral of amatter, the Speaker-

(1) shall designate a committee ofprimary jurisdiction (except wherethe Speaker determines that extraor-dinary circumstances justify reviewby more than one committee asthough primary);

(2) may refer the matter to one ormore additional committees for con-sideration in sequence, either ini-tially or after the matter has beenreported by the committee of pri-mary jurisdiction;

(3) may refer portions of the matterreflecting different subjects and ju-risdictions to one or more additionalcommittees;

(4) may refer the matter to a spe-cial, ad hoc committee appointed bythe Speaker with the approval of theHouse, and including members of thecommittees of jurisdiction, for thespecific purpose of considering thatmatter and reporting to the Housethereon;

(5) may subject a referral to appro-priate time limitations; and

(6) may make such other provisionas may be considered appropriate.(d) A bill for the payment or adju-

dication of a private claim against theGovernment may not be referred to acommittee other than the Committeeon Foreign Affairs or the Committeeon the Judiciary, except by unanimousconsent.

Petitions, memorials, and private bills

3. If a Member, Delegate, or ResidentCommissioner has a petition, memo-rial, or private bill to present, theMember, Delegate, or Resident Com-missioner shall sign it, deliver it to theClerk, and may specify the reference ordisposition to be made thereof. Such


petition, memorial, or private bill (ex-cept when judged by the Speaker to beobscene or insulting) shall be enteredon the Journal with the name of theMember, Delegate, or Resident Com-missioner presenting it and shall beprinted in the Congressional Record.

4. A private bill or private resolution(including an omnibus claim or pensionbill), or amendment thereto, may notbe received or considered in the Houseif it authorizes or directs-

(a) the payment of money for prop-erty damages, for personal injuries ordeath for which suit may be insti-tuted under the Tort Claims Proce-dure provided in title 28, UnitedStates Code, or for a pension (otherthan to carry out a provision of lawor treaty stipulation);

(b) the construction of a bridgeacross a navigable stream; or

(c) the correction of a military ornaval record.

Prohibition on commemorations

5. (a) A bill or resolution, or anamendment thereto, may not be intro-duced or considered in the House if itestablishes or expresses a commemora-tion.

(b) In this clause the term "com-memoration" means a remembrance,celebration, or recognition for any pur-pose through the designation of a spec-ified period of time.Excluded matters

6. A petition, memorial, bill, or reso-lution excluded under this rule shall bereturned to the Member, Delegate, orResident Commissioner from whom itwas received. A petition or private billthat has been inappropriately referredmay, by direction of the committeehaving possession of it, be properly re-ferred in the manner originally pre-sented. An erroneous reference of a pe-tition or private bill under this clausedoes not confer jurisdiction on a com-mittee to consider or report it.

Sponsorship

7. (a) Bills, memorials, petitions, andresolutions, endorsed with the namesof Members, Delegates, or the ResidentCommissioner introducing them, maybe delivered to the Speaker to be re-ferred. The titles and references of allbills, memorials, petitions, resolutions,and other documents referred underthis rule shall be entered on the Jour-nal and printed in the CongressionalRecord. An erroneous reference may becorrected by the House in accordancewith rule X on any day immediatelyafter the Pledge of Allegiance to theFlag by unanimous consent or motion.Such a motion shall be privileged if of-fered by direction of a committee towhich the bill has been erroneously re-ferred or by direction of a committeeclaiming jurisdiction and shall be de-cided without debate.

(b)(1) The primary sponsor of a publicbill or public resolution may name co-sponsors. The name of a cosponsoradded after the initial printing of a billor resolution shall appear in the next

printing of the bill or resolution on thewritten request of the primary sponsor.Such a request may be submitted tothe Speaker at any time until the lastcommittee authorized to consider andreport the bill or resolution reports itto the House or is discharged from itsconsideration.

(2) The name of a cosponsor of a billor resolution may be deleted by unani-mous consent. The Speaker may enter-tain such a request only by the Mem-ber, Delegate, or Resident Commis-sioner whose name is to be deleted orby the primary sponsor of the bill orresolution, and only until the last com-mittee authorized to consider and re-port the bill or resolution reports it tothe House or is discharged from itsconsideration. The Speaker may notentertain a request to delete the nameof the primary sponsor of a bill or reso-lution. A deletion shall be indicated bydate in the next printing of the bill orresolution.

(3) The addition or deletion of thename of a cosponsor of a bill or resolu-tion shall be entered on the Journaland printed in the CongressionalRecord of that day.

(4) A bill or resolution shall be re-printed on the written request of theprimary sponsor. Such a request maybe submitted to the Speaker only when20 or more cosponsors have been addedsince the last printing of the bill orresolution.

(5) When a bill or resolution is intro-duced "by request," those words shallbe entered on the Journal and printedin the Congressional Record.

Executive communications

8. Estimates of appropriations and allother communications from the execu-tive departments intended for the con-sideration of any committees of theHouse shall be addressed to the Speak-er for referral as provided in clause 2 ofrule XIV.

RULE XIII

CALENDARS AND COMMITTEE REPORTS

Calendars

1. (a) All business reported by com-mittees shall be referred to one of thefollowing three calendars:

(1) A Calendar of the Committee ofthe Whole House on the state of theUnion, to which shall be referred pub-lic bills and public resolutions rais-ing revenue, involving a tax orcharge on the people, directly or indi-rectly making appropriations ofmoney or property or requiring suchappropriations to be made, author-izing payments out of appropriationsalready made, releasing any liabilityto the United States for money orproperty, or referring a claim to theCourt of Claims.

(2) A House Calendar, to whichshall be referred all public bills andpublic resolutions not requiring re-ferral to the Calendar of the Com-mittee of the Whole House on thestate of the Union.

(3) A Private Calendar as providedin clause 5 of rule XV, to which shallbe referred all private bills and pri-vate resolutions.(b) There is established a Calendar of

Motions to Discharge Committees asprovided in clause 2 of rule XV.

Filing and printing of reports

2. (a)(1) Except as provided in sub-paragraph (2), all reports of commit-tees (other than those filed from thefloor) shall be delivered to the Clerkfor printing and reference to the propercalendar under the direction of theSpeaker in accordance with clause 1.The title or subject of each report shallbe entered on the Journal and printedin the Congressional Record.

(2) A bill or resolution reported ad-versely (other than those filed as privi-leged) shall be laid on the table unlessa committee to which the bill or reso-lution was referred requests at thetime of the report its referral to an ap-propriate calendar under clause 1 orunless, within three days thereafter, aMember, Delegate, or Resident Com-missioner makes such a request.

(b)(1) It shall be the duty of the chairof each committee to report or cause tobe reported promptly to the House ameasure or matter approved by thecommittee and to take or cause to betaken steps necessary to bring themeasure or matter to a vote.

(2) In any event, the report of a com-mittee on a measure that has been ap-proved by the committee shall be filedwithin seven calendar days (exclusiveof days on which the House is not insession) after the day on which a writ-ten request for the filing of the report,signed by a majority of the members ofthe committee, has been filed with theclerk of the committee. The clerk ofthe committee shall immediately no-tify the chair of the filing of such a re-quest. This subparagraph does notapply to a report of the Committee onRules with respect to a rule, joint rule,or order of business of the House, or tothe reporting of a resolution of inquiryaddressed to the head of an executivedepartment.

(c) All supplemental, minority, or ad-ditional views filed under clause 2(1) ofrule XI by one or more members of acommittee shall be included in, andshall be a part of, the report filed bythe committee with respect to a meas-ure or matter. When time guaranteedby clause 2(1) of rule XI has expired (or,if sooner, when all separate views havebeen received), the committee may ar-range to file its report with the Clerknot later than one hour after the expi-ration of such time. This clause andprovisions of clause 2(1) of rule XI donot preclude the immediate filing orprinting of a committee report in theabsence of a timely request for the op-portunity to file supplemental, minor-ity, or additional views as provided inclause 2(1) of rule XI.

Content of reports

3. (a)(1) Except as provided in sub-paragraph (2), the report of a com-

RULES OF THE

mittee on a measure or matter shall beprinted in a single volume that-

(A) shall include all supplemental,minority, or additional views thathave been submitted by the time ofthe filing of the report; and

(B) shall bear on its cover a recitalthat any such supplemental, minor-ity, or additional views (and any ma-terial submitted under paragraph(c)(3)) are included as part of the re-port.(2) A committee may file a supple-

mental report for the correction of atechnical error in its previous reporton a measure or matter. A supple-mental report only correcting errors inthe depiction of record votes underparagraph (b) may be filed under thissubparagraph and shall not be subjectto the requirement in clause 4 or clause6 concerning the availability of re-ports.(b) With respect to each record vote

on a motion to report a measure ormatter of a public nature, and on anyamendment offered to the measure ormatter, the total number of votes castfor and against, and the names of mem-bers voting for and against, shall be in-cluded in the committee report. Thepreceding sentence does not apply to areport by the Committee on Rules on arule, joint rule, or the order of businessor to votes taken in executive sessionby the Committee on Standards of Offi-cial Conduct.

(c) The report of a committee on ameasure that has been approved by thecommittee shall include, separately setout and clearly identified, the fol-lowing:

(1) Oversight findings and rec-ommendations under clause 2(b)(1) ofrule X.

(2) The statement required by sec-tion 308(a) of the Congressional Budget Act of 1974, except that an esti-mate of new budget authority shallinclude, when practicable, a compari-son of the total estimated fundinglevel for the relevant programs to theappropriate levels under current law.

(3) An estimate and comparisonprepared by the Director of the Con-gressional Budget Office under sec-tion 402 of the Congressional BudgetAct of 1974 if timely submitted to thecommittee before the filing of the re-port.

(4) A statement of general perform-ance goals and objectives, includingoutcome-related goals and objectives,for which the measure authorizesfunding.(d) Each report of a committee on a

public bill or public joint resolutionshall contain the following:

(1) A statement citing the specificpowers granted to Congress in theConstitution to enact the law pro-posed by the bill or joint resolution.

(2)(A) An estimate by the com-mittee of the costs that would be in-curred in carrying out the bill orjoint resolution in the fiscal year inwhich it is reported and in each ofthe five fiscal years following that

fiscal year (or for the authorized du-ration of any program authorized bythe bill or joint resolution if lessthan five years);

(B) a comparison of the estimate ofcosts described in subdivision (A)made by the committee with any es-timate of such costs made by a Gov-ernment agency and submitted tosuch committee; and

(C) when practicable, a comparisonof the total estimated funding levelfor the relevant programs with theappropriate levels under current law.

(3)(A) In subparagraph (2) the term"Government agency" includes anydepartment, agency, establishment,wholly owned Government corpora-tion, or instrumentality of the Fed-eral Government or the governmentof the District of Columbia.

(B) Subparagraph (2) does not applyto the Committee on Appropriations,the Committee on House Administra-tion, the Committee on Rules, or theCommittee on Standards of OfficialConduct, and does not apply when acost estimate and comparison pre-pared by the Director of the Congres-sional Budget Office under section 402of the Congressional Budget Act of1974 has been included in the reportunder paragraph (c)(3).(e)(1) Whenever a committee reports

a bill or joint resolution proposing torepeal or amend a statute or partthereof, it shall include in its report orin an accompanying document-

(A) the text of a statute or partthereof that is proposed to be re-pealed; and

(B) a comparative print of any partof the bill or joint resolution pro-posing to amend the statute and ofthe statute or part thereof proposedto be amended, showing by appro-priate typographical devices theomissions and insertions proposed.(2) If a committee reports a bill or

joint resolution proposing to repeal oramend a statute or part thereof with arecommendation that the bill or jointresolution be amended, the compara-tive print required by subparagraph (1)shall reflect the changes in existinglaw proposed to be made by the bill orjoint resolution as proposed to beamended.

(f)(1) A report of the Committee onAppropriations on a general appropria-tion bill shall include-

(A) a concise statement describingthe effect of any provision of the ac-companying bill that directly or indi-rectly changes the application of ex-isting law; and

(B) a list of all appropriations con-tained in the bill for expenditures notcurrently authorized by law for theperiod concerned (excepting classi-fied intelligence or national securityprograms, projects, or activities),along with a statement of the lastyear for which such expenditureswere authorized, the level of expendi-tures authorized for that year, theactual level of expenditures for that

year, and the level of appropriationsin the bill for such expenditures.(2) Whenever the Committee on Ap-

propriations reports a bill or joint reso-lution including matter specified inclause 1(b)(2) or (3) of rule X, it shallinclude-

(A) in the bill or joint resolution,separate headings for "Rescissions"and "Transfers of Unexpended Bal-ances"; and

(B) in the report of the committee,a separate section listing such rescis-sions and transfers.(g) Whenever the Committee on

Rules reports a resolution proposing torepeal or amend a standing rule of theHouse, it shall include in its report orin an accompanying document-

(1) the text of any rule or partthereof that is proposed to be re-pealed; and

(2) a comparative print of any partof the resolution proposing to amendthe rule and of the rule or part there-of proposed to be amended, showingby appropriate typographical devicesthe omissions and insertions pro-posed.(h)(1) It shall not be in order to con-

sider a bill or joint resolution reportedby the Committee on Ways and Meansthat proposes to amend the InternalRevenue Code of 1986 unless-

(A) the report includes a tax com-plexity analysis prepared by theJoint Committee on Internal Rev-enue Taxation in accordance withsection 4022(b) of the Internal Rev-enue Service Restructuring and Re-form Act of 1998; or

(B) the chair of the Committee onWays and Means causes such a taxcomplexity analysis to be printed inthe Congressional Record before con-sideration of the bill or joint resolu-tion.(2)(A) It shall not be in order to con-

sider a bill or joint resolution reportedby the Committee on Ways and Meansthat proposes to amend the InternalRevenue Code of 1986 unless-

(i) the report includes a macro-economic impact analysis;

(ii) the report includes a statementfrom the Joint Committee on Inter-nal Revenue Taxation explaining whya macroeconomic impact analysis isnot calculable; or

(iii) the chair of the Committee onWays and Means causes a macro-economic impact analysis to beprinted in the Congressional Recordbefore consideration of the bill orjoint resolution.(B) In subdivision (A), the term

"macroeconomic impact analysis"means-

(i) an estimate prepared by theJoint Committee on Internal Rev-enue Taxation of the changes in eco-nomic output, employment, capitalstock, and tax revenues expected toresult from enactment of the pro-posal; and

(ii) a statement from the JointCommittee on Internal Revenue Tax-ation identifying the critical assump-


tions and the source of data under-lying that estimate.

Availability of reports

4. (a)(1) Except as specified in sub-paragraph (2), it shall not be in orderto consider in the House a measure ormatter reported by a committee untilthe third calendar day (excluding Sat-urdays, Sundays, or legal holidays ex-cept when the House is in session onsuch a day) on which each report of acommittee on that measure or matterhas been available to Members, Dele-gates, and the Resident Commissioner.(2) Subparagraph (1) does not apply

to-(A) a resolution providing a rule,

joint rule, or order of business re-ported by the Committee on Rulesconsidered under clause 6;

(B) a resolution providing amountsfrom the applicable accounts de-scribed in clause 1(j)(1) of rule X re-ported by the Committee on HouseAdministration considered underclause 6 of rule X;(C) a resolution presenting a ques-

tion of the privileges of the House re-ported by any committee;

(D) a measure for the declaration ofwar, or the declaration of a nationalemergency, by Congress; and

(E) a measure providing for the dis-approval of a decision, determina-tion, or action by a Governmentagency that would become, or con-tinue to be, effective unless dis-approved or otherwise invalidated byone or both Houses of Congress. Inthis subdivision the term "Govern-ment agency" includes any depart-ment, agency, establishment, whollyowned Government corporation, orinstrumentality of the Federal Gov-ernment or of the government of theDistrict of Columbia.(b) A committee that reports a meas-

ure or matter shall make every reason-able effort to have its hearings thereon(if any) printed and available for dis-tribution to Members, Delegates, andthe Resident Commissioner before theconsideration of the measure or matterin the House.

(c) A general appropriation bill re-ported by the Committee on Appropria-tions may not be considered in theHouse until the third calendar day (ex-cluding Saturdays, Sundays, and legalholidays except when the House is insession on such a day) on which printedhearings of the Committee on Appro-priations thereon have been availableto Members, Delegates, and the Resi-dent Commissioner.

Privileged reports, generally

5. (a) The following committees shallhave leave to report at any time on thefollowing matters, respectively:

(1) The Committee on Appropria-tions, on general appropriation billsand on joint resolutions continuingappropriations for a fiscal year afterSeptember 15 in the preceding fiscalyear.

(2) The Committee on the Budget,on the matters required to be re-

ported by such committee under ti-tles III and IV of the CongressionalBudget Act of 1974.

(3) The Committee on House Ad-ministration, on enrolled bills, oncontested elections, on matters re-ferred to it concerning printing forthe use of the House or the twoHouses, on expenditure of the appli-cable accounts of the House describedin clause 1(j)(1) of rule X, and on mat-ters relating to preservation andavailability of noncurrent records ofthe House under rule VII.

(4) The Committee on Rules, onrules, joint rules, and the order ofbusiness.

(5) The Committee on Standards ofOfficial Conduct, on resolutions rec-ommending action by the House withrespect to a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House as a result of aninvestigation by the committee re-lating to the official conduct of suchMember, Delegate, Resident Commis-sioner, officer, or employee.(b) A report filed from the floor as

privileged under paragraph (a) may becalled up as a privileged question by di-rection of the reporting committee,subject to any requirement concerningits availability to Members, Delegates,and the Resident Commissioner underclause 4 or concerning the timing of itsconsideration under clause 6.Privileged reports by the Committee onRules

6. (a) A report by the Committee onRules on a rule, joint rule, or the orderof business may not be called up forconsideration on the same day it is pre-sented to the House except-

(1) when so determined by a vote oftwo-thirds of the Members voting, aquorum being present;(2) in the case of a resolution pro-

posing only to waive a requirementof clause 4 or of clause 8 of rule XXIIconcerning the availability of re-ports; or

(3) during the last three days of asession of Congress.(b) Pending the consideration of a re-

port by the Committee on Rules on arule, joint rule, or the order of busi-ness, the Speaker may entertain onemotion that the House adjourn butmay not entertain any other dilatorymotion until the report shall have beendisposed of.

(c) The Committee on Rules may notreport a rule or order that would pre-vent the motion to recommit a bill orjoint resolution from being made asprovided in clause 2(b) of rule XIX, in-cluding a motion to recommit with in-structions to report back an amend-ment otherwise in order, if offered bythe Minority Leader or a designee, ex-cept with respect to a Senate bill orresolution for which the text of aHouse-passed measure has been sub-stituted.

(d) The Committee on Rules shallpresent to the House reports con-cerning rules, joint rules, and the order

of business, within three legislativedays of the time when they are or-dered. If such a report is not consideredimmediately, it shall be referred to thecalendar. If such a report on the cal-endar is not called up by the member ofthe committee who filed the reportwithin seven legislative days, anymember of the committee may call itup as a privileged question on the dayafter the calendar day on which themember announces to the House an in-tention to do so. The Speaker shall rec-ognize a member of the committee whorises for that purpose.

(e) An adverse report by the Com-mittee on Rules on a resolution pro-posing a special order of business forthe consideration of a public bill orpublic joint resolution may be calledup as a privileged question by a Mem-ber, Delegate, or Resident Commis-sioner on a day when it is in order toconsider a motion to discharge com-mittees under clause 2 of rule XV.

(f) If the House has adopted a resolu-tion making in order a motion to con-sider a bill or resolution, and such amotion has not been offered withinseven calendar days thereafter, such amotion shall be privileged if offered bydirection of all reporting committeeshaving initial jurisdiction of the bill orresolution.

(g) Whenever the Committee onRules reports a resolution providing forthe consideration of a measure, it shall(to the maximum extent possible)specify in the resolution the object ofany waiver of a point of order againstthe measure or against its consider-ation.

Resolutions of inquiry

7. A report on a resolution of inquiryaddressed to the head of an executivedepartment may be filed from the flooras privileged. If such a resolution is notreported to the House within 14 legisla-tive days after its introduction, a mo-tion to discharge a committee from itsconsideration shall be privileged.

RULE XIV

ORDER AND PRIORITY OF BUSINESS

1. The daily order of business (unlessvaried by the application of other rulesand except for the disposition of mat-ters of higher precedence) shall be asfollows:

First. Prayer by the Chaplain.Second. Reading and approval of

the Journal, unless postponed underclause 8 of rule XX.

Third. The Pledge of Allegiance tothe Flag.

Fourth. Correction of reference ofpublic bills.

Fifth. Disposal of business on theSpeaker's table as provided in clause2.

Sixth. Unfinished business as pro-vided in clause 3.

Seventh. The morning hour for theconsideration of bills called up bycommittees as provided in clause 4.

Eighth. Motions that the House re-solve into the Committee of the

RULES OF THE

Whole House on the state of theUnion subject to clause 5.

Ninth. Orders of the day.2. Business on the Speaker's table

shall be disposed of as follows:(a) Messages from the President

shall be referred to the appropriatecommittees without debate.

(b) Communications addressed tothe House, including reports andcommunications from heads of de-partments and bills, resolutions, andmessages from the Senate, may be re-ferred to the appropriate committeesin the same manner and with thesame right of correction as publicbills and public resolutions presentedby Members, Delegates, or the Resi-dent Commissioner.

(c) Motions to dispose of Senateamendments on the Speaker's tablemay be entertained as provided inclauses 1, 2, and 4 of rule XXII.

(d) Senate bills and resolutions sub-stantially the same as House measures already favorably reported andnot required to be considered in theCommittee of the Whole House onthe state of the Union may be dis-posed of by motion. Such a motionshall be privileged if offered by direc-tion of all reporting committees hav-ing initial jurisdiction of the Housemeasure.3. Consideration of unfinished busi-

ness in which the House may have beenengaged at an adjournment, exceptbusiness in the morning hour and pro-ceedings postponed under clause 8 ofrule XX, shall be resumed as soon asthe business on the Speaker's table isfinished, and at the same time eachday thereafter until disposed of. Theconsideration of all other unfinishedbusiness shall be resumed whenever theclass of business to which it belongsshall be in order under the rules.

4. After the unfinished business hasbeen disposed of, the Speaker shall calleach standing committee in regularorder and then select committees. Eachcommittee when named may call up forconsideration a bill or resolution re-ported by it on a previous day and onthe House Calendar. If the Speakerdoes not complete the call of the com-mittees before the House passes toother business, the next call shall re-sume at the point it left off, givingpreference to the last bill or resolutionunder consideration. A committee thathas occupied the call for two days maynot call up another bill or resolutionuntil the other committees have beencalled in their turn.

5. After consideration of bills or reso-lutions under clause 4 for one hour, itshall be in order, pending considerationthereof, to entertain a motion that theHouse resolve into the Committee ofthe Whole House on the state of theUnion or, when authorized by a com-mittee, that the House resolve into theCommittee of the Whole House on thestate of the Union to consider a par-ticular bill. Such a motion shall besubject to only one amendment desig-nating another bill. If such a motion is

decided in the negative, another suchmotion may not be considered until thematter that was pending when suchmotion was offered is disposed of.

6. All questions relating to the pri-ority of business shall be decided by amajority without debate.

RULE XVBUSINESS IN ORDER ON SPECIAL DAYS

Suspensions

1. (a) A rule may not be suspended ex-cept by a vote of two-thirds of theMembers voting, a quorum beingpresent. The Speaker may not enter-tain a motion that the House suspendthe rules except on Mondays, Tuesdays,and Wednesdays and during the last sixdays of a session of Congress.

(b) Pending a motion that the Housesuspend the rules, the Speaker may en-tertain one motion that the House ad-journ but may not entertain any othermotion until the vote is taken on thesuspension.

(c) A motion that the House suspendthe rules is debatable for 40 minutes,one-half in favor of the motion andone-half in opposition thereto.

Discharge motions, second and fourthMondays

2. (a) Motions to discharge commit-tees shall be in order on the second andfourth Mondays of a month.

(b)(1) A Member may present to theClerk a motion in writing to dis-charge-

(A) a committee from consider-ation of a public bill or public resolu-tion that has been referred to it for30 legislative days; or

(B) the Committee on Rules fromconsideration of a resolution that hasbeen referred to it for seven legisla-tive days and that proposes a specialorder of business for the consider-ation of a public bill or public resolu-tion that has been reported by astanding committee or has been re-ferred to a standing committee for 30legislative days.(2) Only one motion may be presented

for a bill or resolution. A Member maynot file a motion to discharge the Com-mittee on Rules from consideration ofa resolution providing for the consider-ation of more than one public bill orpublic resolution or admitting or ef-fecting a nongermane amendment to apublic bill or public resolution.

(c) A motion presented under para-graph (b) shall be placed in the custodyof the Clerk, who shall arrange a con-venient place for the signatures ofMembers. A signature may be with-drawn by a Member in writing at anytime before a motion is entered on theJournal. The Clerk shall make signa-tures a matter of public record, causingthe names of the Members who havesigned a discharge motion during aweek to be published in a portion of theCongressional Record designated forthat purpose on the last legislative dayof the week and making cumulativelists of such names available each dayfor public inspection in an appropriate

office of the House. The Clerk shall de-vise a means for making such listsavailable to offices of the House and tothe public in electronic form. When amajority of the total membership ofthe House shall have signed the mo-tion, it shall be entered on the Journal,published with the signatures theretoin the Record, and referred to the Cal-endar of Motions to Discharge Commit-tees.

(d)(1) On the second and fourth Mon-days of a month (except during the lastsix days of a session of Congress), im-mediately after the Pledge of Alle-giance to the Flag, a motion to dis-charge that has been on the calendarfor at least seven legislative days shallbe privileged if called up by a Memberwhose signature appears thereon. Whensuch a motion is called up, the Houseshall proceed to its consideration underthis paragraph without interveningmotion except one motion to adjourn.Privileged motions to discharge shallhave precedence in the order of theirentry on the Journal.

(2) When a motion to discharge iscalled up, the bill or resolution towhich it relates shall be read by titleonly. The motion is debatable for 20minutes, one-half in favor of the mo-tion and one-half in opposition thereto.

(e)(1) If a motion prevails to dis-charge the Committee on Rules fromconsideration of a resolution, theHouse shall immediately consider theresolution, pending which the Speakermay entertain one motion that theHouse adjourn but may not entertainany other dilatory motion until theresolution has been disposed of. If theresolution is adopted, the House shallimmediately proceed to its execution.

(2) If a motion prevails to discharge astanding committee from consider-ation of a public bill or public resolu-tion, a motion that the House proceedto the immediate consideration of suchbill or resolution shall be privileged ifoffered by a Member whose signatureappeared on the motion to discharge.The motion to proceed is not debat-able. If the motion to proceed is adopt-ed, the bill or resolution shall be con-sidered immediately under the generalrules of the House. If unfinished beforeadjournment of the day on which it iscalled up, the bill or resolution shallremain the unfinished business until itis disposed of. If the motion to proceedis rejected, the bill or resolution shallbe referred to the appropriate calendar,where it shall have the same status asif the committee from which it was dis-charged had duly reported it to theHouse.

(f)(1) When a motion to dischargeoriginated under this clause has oncebeen acted on by the House, it shall notbe in order to entertain during thesame session of Congress-

(A) a motion to discharge a com-mittee from consideration of thatbill or resolution or of any other billor resolution that, by relating in sub-stance to or dealing with the same


subject matter, is substantially thesame; or

(B) a motion to discharge the Com-mittee on Rules from considerationof a resolution providing a specialorder of business for the consider-ation of that bill or resolution or ofany other bill or resolution that, byrelating in substance to or dealingwith the same subject matter, is sub-stantially the same.(2) A motion to discharge on the Cal-

endar of Motions to Discharge Commit-tees that is rendered out of order undersubparagraph (1) shall be stricken fromthat calendar.Adverse report by the Committee onRules, second and fourth Mondays

3. An adverse report by the Com-mittee on Rules on a resolution pro-posing a special order of business forthe consideration of a public bill orpublic joint resolution may be calledup under clause 6(e) of rule XIII as aprivileged question by a Member, Dele-gate, or Resident Commissioner on aday when it is in order to consider amotion to discharge committees underclause 2.

District of Columbia business, secondand fourth Mondays

4. The second and fourth Mondays ofa month shall be set apart for the con-sideration of such District of Columbiabusiness as may be called up by theCommittee on Oversight and Govern-ment Reform after the disposition ofmotions to discharge committees andafter the disposal of such business onthe Speaker's table as requires ref-erence only.

Private Calendar, first and thirdTuesdays

5. (a) On the first Tuesday of amonth, the Speaker shall direct theClerk to call the bills and resolutionson the Private Calendar after disposalof such business on the Speaker's tableas requires reference only. If two ormore Members, Delegates, or the Resi-dent Commissioner object to the con-sideration of a bill or resolution socalled, it shall be recommitted to thecommittee that reported it. No otherbusiness shall be in order before com-pletion of the call of the Private Cal-endar on this day unless two-thirds ofthe Members voting, a quorum beingpresent, agree to a motion that theHouse dispense with the call.

(b)(1) On the third Tuesday of amonth, after the disposal of such busi-ness on the Speaker's table as requiresreference only, the Speaker may directthe Clerk to call the bills and resolu-tions on the Private Calendar. Pref-erence shall be given to omnibus billscontaining the texts of bills or resolu-tions that have previously been ob-jected to on a call of the Private Cal-endar. If two or more Members, Dele-gates, or the Resident Commissionerobject to the consideration of a bill orresolution so called (other than an om-nibus bill), it shall be recommitted tothe committee that reported it. Two-

thirds of the Members voting, aquorum being present, may adopt amotion that the House dispense withthe call on this day.

(2) Omnibus bills shall be read foramendment by paragraph. No amend-ment shall be in order except to strikeor to reduce amounts of money or toprovide limitations. An item or matterstricken from an omnibus bill may notthereafter during the same session ofCongress be included in an omnibusbill. Upon passage such an omnibus billshall be resolved into the several billsand resolutions of which it is com-posed. The several bills and resolu-tions, with any amendments adoptedby the House, shall be engrossed, whennecessary, and otherwise considered aspassed severally by the House as dis-tinct bills and resolutions.

(c) The Speaker may not entertain areservation of the right to object to theconsideration of a bill or resolutionunder this clause. A bill or resolutionconsidered under this clause shall beconsidered in the House as in the Com-mittee of the Whole. A motion to dis-pense with the call of the Private Cal-endar under this clause shall be privi-leged. Debate on such a motion shall belimited to five minutes in support andfive minutes in opposition.

Calendar Call of Committees,Wednesdays

6. (a) On Wednesday of each week,business shall not be in order beforecompletion of the call of those commit-tees (except as provided by clause 4 ofrule XIV) whose chair, or other mem-ber authorized by the committee, hasannounced to the House a request forsuch call on the preceding legislativeday.

(b) A bill or resolution on either theHouse or the Union Calendar, exceptbills or resolutions that are privilegedunder the Rules of the House, may becalled under this clause. A bill or reso-lution called up from the Union Cal-endar shall be considered in the Com-mittee of the Whole House on the stateof the Union without motion, subjectto clause 3 of rule XVI. General debateon a measure considered under thisclause shall be confined to the measureand may not exceed two hours equallydivided between a proponent and an op-ponent.

(c) This clause does not apply duringthe last two weeks of a session of Con-gress.

RULE XVI

MOTIONS AND AMENDMENTS

Motions

1. Every motion entertained by theSpeaker shall be reduced to writing onthe demand of a Member, Delegate, orResident Commissioner and, unless itis withdrawn the same day, shall be en-tered on the Journal with the name ofthe Member, Delegate, or ResidentCommissioner offering it. A dilatorymotion may not be entertained by theSpeaker.

Withdrawal

2. When a motion is entertained, theSpeaker shall state it or cause it to beread aloud by the Clerk before it is de-bated. The motion then shall be in thepossession of the House but may bewithdrawn at any time before a deci-sion or amendment thereon.

Question of consideration

3. When a motion or proposition isentertained, the question, "Will theHouse now consider it?" may not beput unless demanded by a Member, Del-egate, or Resident Commissioner.

Precedence of motions

4. (a) When a question is under de-bate, only the following motions maybe entertained (which shall have prece-dence in the following order):

(1) To adjourn.(2) To lay on the table.(3) For the previous question.(4) To postpone to a day certain.(5) To refer.(6) To amend.(7) To postpone indefinitely.

(b) A motion to adjourn, to lay onthe table, or for the previous questionshall be decided without debate. A mo-tion to postpone to a day certain, torefer, or to postpone indefinitely, beingdecided, may not be allowed again onthe same day at the same stage of thequestion.

(c)(1) It shall be in order at any timefor the Speaker, in the discretion ofthe Speaker, to entertain a motion-

(A) that the Speaker be authorizedto declare a recess; or

(B) that when the House adjourns itstand adjourned to a day and timecertain.(2) Either motion shall be of equal

privilege with the motion to adjournand shall be decided without debate.

Divisibility

5. (a) Except as provided in paragraph(b), a question shall be divided on thedemand of a Member, Delegate, orResident Commissioner before thequestion is put if it includes propo-sitions so distinct in substance that,one being taken away, a substantiveproposition remains.

(b)(1) A motion or resolution to electmembers to a standing committee ofthe House, or to a joint standing com-mittee, is not divisible.

(2) A resolution or order reported bythe Committee on Rules providing aspecial order of business is not divis-ible.

(c) A motion to strike and insert isnot divisible, but rejection of a motionto strike does not preclude another mo-tion to amend.

Amendments

6. When an amendable proposition isunder consideration, a motion toamend and a motion to amend thatamendment shall be in order, and italso shall be in order to offer a furtheramendment by way of substitute forthe original motion to amend, to whichone amendment may be offered but

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which may not be voted on until theoriginal amendment is perfected. Anamendment may be withdrawn in theHouse at any time before a decision oramendment thereon. An amendment tothe title of a bill or resolution shallnot be in order until after its passageor adoption and shall be decided with-out debate.

Germaneness

7. No motion or proposition on a sub-ject different from that under consider-ation shall be admitted under color ofamendment.

Readings

8. Bills and joint resolutions are sub-ject to readings as follows:

(a) A first reading is in full whenthe bill or joint resolution is firstconsidered.

(b) A second reading occurs onlywhen the bill or joint resolution isread for amendment in a Committeeof the Whole House on the state ofthe Union under clause 5 of ruleXVIII.

(c) A third reading precedes passagewhen the Speaker states the ques-tion: "Shall the bill [or joint resolu-tion] be engrossed [when applicable]and read a third time?" If that ques-tion is decided in the affirmative,then the bill or joint resolution shallbe read the final time by title andthen the question shall be put on itspassage.

RULE XVII

DECORUM AND DEBATE

Decorum

1. (a) A Member, Delegate, or Resi-dent Commissioner who desires tospeak or deliver a matter to the Houseshall rise and respectfully address theSpeaker and, on being recognized, mayaddress the House from any place onthe floor. When invited by the Chair, aMember, Delegate, or Resident Com-missioner may speak from the Clerk'sdesk.

(b) Remarks in debate (which may in-clude references to the Senate or itsMembers) shall be confined to the ques-tion under debate, avoiding person-ality.

Recognition

2. When two or more Members, Dele-gates, or the Resident Commissionerrise at once, the Speaker shall namethe Member, Delegate, or ResidentCommissioner who is first to speak. AMember, Delegate, or Resident Com-missioner may not occupy more thanone hour in debate on a question in theHouse or in the Committee of theWhole House on the state of the Unionexcept as otherwise provided in thisrule.

Managing debate

3. (a) The Member, Delegate, or Resi-dent Commissioner who calls up ameasure may open and close debatethereon. When general debate extendsbeyond one day, that Member, Dele-gate, or Resident Commissioner shall

be entitled to one hour to close with-out regard to the time used in opening.(b) Except as provided in paragraph

(a), a Member, Delegate, or ResidentCommissioner may not speak morethan once to the same question with-out leave of the House.

(c) A manager of a measure who op-poses an amendment thereto is entitledto close controlled debate thereon.

Call to order

4. (a) If a Member, Delegate, or Resi-dent Commissioner, in speaking or oth-erwise, transgresses the Rules of theHouse, the Speaker shall, or a Member,Delegate, or Resident Commissionermay, call to order the offending Mem-ber, Delegate, or Resident Commis-sioner, who shall immediately sit downunless permitted on motion of anotherMember, Delegate, or the ResidentCommissioner to explain. If a Member,Delegate, or Resident Commissioner iscalled to order, the Member, Delegate,or Resident Commissioner making thecall to order shall indicate the wordsexcepted to, which shall be taken downin writing at the Clerk's desk and readaloud to the House.

(b) The Speaker shall decide the va-lidity of a call to order. The House, ifappealed to, shall decide the questionwithout debate. If the decision is infavor of the Member, Delegate, or Resi-dent Commissioner called to order, theMember, Delegate, or Resident Com-missioner shall be at liberty to pro-ceed, but not otherwise. If the case re-quires it, an offending Member, Dele-gate, or Resident Commissioner shallbe liable to censure or such other pun-ishment as the House may considerproper. A Member, Delegate, or Resi-dent Commissioner may not be held toanswer a call to order, and may not besubject to the censure of the Housetherefor, if further debate or otherbusiness has intervened.

Comportment

5. When the Speaker is putting aquestion or addressing the House, aMember, Delegate, or Resident Com-missioner may not walk out of oracross the Hall. When a Member, Dele-gate, or Resident Commissioner isspeaking, a Member, Delegate, or Resi-dent Commissioner may not pass be-tween the person speaking and theChair. During the session of the House,a Member, Delegate, or Resident Com-missioner may not wear a hat or re-main by the Clerk's desk during thecall of the roll or the counting of bal-lots. A person may not smoke or use awireless telephone or personal com-puter on the floor of the House. TheSergeant-at-Arms is charged with thestrict enforcement of this clause.

Exhibits

6. When the use of an exhibit in de-bate is objected to by a Member, Dele-gate, or Resident Commissioner, theChair, in the discretion of the Chair,may submit the question of its use tothe House without debate.

Galleries

7. During a session of the House, itshall not be in order for a Member, Del-egate, or Resident Commissioner to in-troduce to or to bring to the attentionof the House an occupant in the gal-leries of the House. The Speaker maynot entertain a request for the suspen-sion of this rule by unanimous consentor otherwise.

Congressional Record

8. (a) The Congressional Record shallbe a substantially verbatim account ofremarks made during the proceedingsof the House, subject only to technical,grammatical, and typographical cor-rections authorized by the Member,Delegate, or Resident Commissionermaking the remarks.

(b) Unparliamentary remarks may bedeleted only by permission or order ofthe House.

(c) This clause establishes a standardof conduct within the meaning ofclause 3(a)(2) of rule XI.

Secret sessions

9. When confidential communicationsare received from the President, orwhen the Speaker or a Member, Dele-gate, or Resident Commissioner in-forms the House that such individualhas communications that such indi-vidual believes ought to be kept secretfor the present, the House shall becleared of all persons except the Mem-bers, Delegates, Resident Commis-sioner, and officers of the House for thereading of such communications, anddebates and proceedings thereon, un-less otherwise ordered by the House.

RULE XVIII

THE COMMITTEE OF THE WHOLE HOUSEON THE STATE OF THE UNION

Resolving into the Committee of theWhole

1. Whenever the House resolves intothe Committee of the Whole House onthe state of the Union, the Speakershall leave the chair after appointing aMember, Delegate, or the ResidentCommissioner as Chair to preside. Incase of disturbance or disorderly con-duct in the galleries or lobby, the Chairmay cause the same to be cleared.

2. (a) Except as provided in paragraph(b) and in clause 6 of rule XV, theHouse resolves into the Committee ofthe Whole House on the state of theUnion by motion. When such a motionis entertained, the Speaker shall putthe question without debate: "Shallthe House resolve itself into the Com-mittee of the Whole House on the stateof the Union for consideration of thismatter?", naming it.

(b) After the House has adopted a res-olution reported by the Committee onRules providing a special order of busi-ness for the consideration of a measurein the Committee of the Whole Houseon the state of the Union, the Speakermay at any time, when no question ispending before the House, declare theHouse resolved into the Committee ofthe Whole for the consideration of that


measure without intervening motion,unless the special order of business pro-vides otherwise.

Measures requiring initialconsideration in the Committee of theWhole

3. All public bills, resolutions, orSenate amendments (as provided inclause 3 of rule XXII) involving a tax orcharge on the people, raising revenue,directly or indirectly making appro-priations of money or property or re-quiring such appropriations to bemade, authorizing payments out of ap-propriations already made, releasingany liability to the United States formoney or property, or referring a claimto the Court of Claims, shall be firstconsidered in the Committee of theWhole House on the state of the Union.A bill, resolution, or Senate amend-ment that fails to comply with thisclause is subject to a point of orderagainst its consideration.

Order of business

4. (a) Subject to subparagraph (b)business on the calendar of the Com-mittee of the Whole House on the stateof the Union may be taken up in reg-ular order, or in such order as the Com-mittee may determine, unless themeasure to be considered was deter-mined by the House at the time of re-solving into the Committee of theWhole.

(b) Motions to resolve into the Com-mittee of the Whole for considerationof bills and joint resolutions makinggeneral appropriations have precedenceunder this clause.

Reading for amendment

5. (a) Before general debate com-mences on a measure in the Committeeof the Whole House on the state of theUnion, it shall be read in full. Whengeneral debate is concluded or closedby order of the House, the measureunder consideration shall be read foramendment. A Member, Delegate, orResident Commissioner who offers anamendment shall be allowed five min-utes to explain it, after which theMember, Delegate, or Resident Com-missioner who shall first obtain thefloor shall be allowed five minutes tospeak in opposition to it. There shallbe no further debate thereon, but thesame privilege of debate shall be al-lowed in favor of and against anyamendment that may be offered to anamendment. An amendment, or anamendment to an amendment, may bewithdrawn by its proponent only by theunanimous consent of the Committeeof the Whole.

(b) When a Member, Delegate, orResident Commissioner offers anamendment in the Committee of theWhole House on the state of the Union,the Clerk shall promptly transmit fivecopies of the amendment to the major-ity committee table and five copies tothe minority committee table. TheClerk also shall deliver at least onecopy of the amendment to the majority

cloakroom and at least one copy to theminority cloakroom.Quorum and voting

6. (a) A quorum of a Committee ofthe Whole House on the state of theUnion is 100 Members. The first timethat a Committee of the Whole findsitself without a quorum during a day,the Chair shall invoke the procedurefor a quorum call set forth in clause 2of rule XX, unless the Chair elects toinvoke an alternate procedure set forthin clause 3 or clause 4(a) of rule XX. Ifa quorum appears, the Committee ofthe Whole shall continue its business.If a quorum does not appear, the Com-mittee of the Whole shall rise, and theChair shall report the names of absen-tees to the House.

(b)(1) The Chair may refuse to enter-tain a point of order that a quorum isnot present during general debate.

(2) After a quorum has once been es-tablished on a day, the Chair may en-tertain a point of order that a quorumis not present only when the Com-mittee of the Whole House on the stateof the Union is operating under thefive-minute rule and the Chair has putthe pending proposition to a vote.

(3) Upon sustaining a point of orderthat a quorum is not present, the Chairmay announce that, following a regularquorum call under paragraph (a), theminimum time for electronic voting onthe pending question shall be five min-utes.

(c) When ordering a quorum call inthe Committee of the Whole House onthe state of the Union, the Chair mayannounce an intention to declare thata quorum is constituted at any timeduring the quorum call when the Chairdetermines that a quorum has ap-peared. If the Chair interrupts thequorum call by declaring that aquorum is constituted, proceedingsunder the quorum call shall be consid-ered as vacated, and the Committee ofthe Whole shall continue its sittingand resume its business.

(d) A quorum is not required in theCommittee of the Whole House on thestate of the Union for adoption of amotion that the Committee rise.

(e) In the Committee of the WholeHouse on the state of the Union, theChair shall order a recorded vote on arequest supported by at least 25 Mem-bers.

(f) In the Committee of the WholeHouse on the state of the Union, theChair may reduce to five minutes theminimum time for electronic votingwithout any intervening business ordebate on any or all pending amend-ments after a record vote has beentaken on the first pending amendment.

(g) The Chair may postpone a requestfor a recorded vote on any amendment.The Chair may resume proceedings ona postponed request at any time. TheChair may reduce to five minutes theminimum time for electronic voting onany postponed question that followsanother electronic vote without inter-vening business, provided that the min-

imum time for electronic voting on thefirst in any series of questions shall be15 minutes.(h) Whenever a recorded vote on any

question has been decided by a marginwithin which the votes cast by the Del-egates and the Resident Commissionerhave been decisive, the Committee ofthe Whole shall rise and the Speakershall put such question de novo with-out intervening motion. Upon the an-nouncement of the vote on that ques-tion, the Committee of the Whole shallresume its sitting without interveningmotion.

Dispensing with the reading of anamendment

7. It shall be in order in the Com-mittee of the Whole House on the stateof the Union to move that the Com-mittee of the Whole dispense with thereading of an amendment that has beenprinted in the bill or resolution as re-ported by a committee, or an amend-ment that a Member, Delegate, or Resi-dent Commissioner has caused to beprinted in the Congressional Record.Such a motion shall be decided withoutdebate.

Closing debate

8. (a) Subject to paragraph (b) at anytime after the Committee of the WholeHouse on the state of the Union hasbegun five-minute debate on amend-ments to any portion of a bill or reso-lution, it shall be in order to move thatthe Committee of the Whole close alldebate on that portion of the bill orresolution or on the pending amend-ments only. Such a motion shall be de-cided without debate. The adoption ofsuch a motion does not preclude fur-ther amendment, to be decided withoutdebate.

(b) If the Committee of the WholeHouse on the state of the Union closesdebate on any portion of a bill or reso-lution before there has been debate onan amendment that a Member, Dele-gate, or Resident Commissioner hascaused to be printed in the Congres-sional Record at least one day beforeits consideration, the Member, Dele-gate, or Resident Commissioner whocaused the amendment to be printed inthe Record shall be allowed five min-utes to explain it, after which theMember, Delegate, or Resident Com-missioner who shall first obtain thefloor shall be allowed five minutes tospeak in opposition to it. There shallbe no further debate thereon.

(c) Material submitted for printing inthe Congressional Record under thisclause shall indicate the full text ofthe proposed amendment, the name ofthe Member, Delegate, or ResidentCommissioner proposing it, the numberof the bill or resolution to which it willbe offered, and the point in the bill orresolution or amendment theretowhere the amendment is intended to beoffered. The amendment shall appearin a portion of the Record designatedfor that purpose. Amendments to aspecified measure submitted for print-

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ing in that portion of the Record shallbe numbered in the order printed.

Striking the enacting clause

9. A motion that the Committee ofthe Whole House on the state of theUnion rise and report a bill or resolu-tion to the House with the rec-ommendation that the enacting or re-solving clause be stricken shall haveprecedence of a motion to amend, and,if carried in the House, shall constitutea rejection of the bill or resolution.Whenever a bill or resolution is re-ported from the Committee of theWhole with such adverse recommenda-tion and the recommendation is re-jected by the House, the bill or resolu-tion shall stand recommitted to theCommittee of the Whole without fur-ther action by the House. Before thequestion of concurrence is submitted,it shall be in order to move that theHouse refer the bill or resolution to acommittee, with or without instruc-tions. If a bill or resolution is so re-ferred, then when it is again reportedto the House it shall be referred to theCommittee of the Whole without de-bate.

Concurrent resolution on the budget

10. (a) At the conclusion of generaldebate in the Committee of the WholeHouse on the state of the Union on aconcurrent resolution on the budgetunder section 305(a) of the Congres-sional Budget Act of 1974, the concur-rent resolution shall be considered asread for amendment.

(b) It shall not be in order in theHouse or in the Committee of theWhole House on the state of the Unionto consider an amendment to a concur-rent resolution on the budget, or anamendment thereto, unless the concur-rent resolution, as amended by suchamendment or amendments-

(1) would be mathematically con-sistent except as limited by para-graph (c); and

(2) would contain all the matter setforth in paragraphs (1) through (5) ofsection 301(a) of the CongressionalBudget Act of 1974.(c)(1) Except as specified in subpara-

graph (2), it shall not be in order in theHouse or in the Committee of theWhole House on the state of the Unionto consider an amendment to a concur-rent resolution on the budget, or anamendment thereto, that proposes tochange the amount of the appropriatelevel of the public debt set forth in theconcurrent resolution, as reported.

(2) Amendments to achieve mathe-matical consistency under section305(a)(5) of the Congressional BudgetAct of 1974, if offered by direction ofthe Committee on the Budget, maypropose to adjust the amount of the ap-propriate level of the public debt setforth in the concurrent resolution, asreported, to reflect changes made inother figures contained in the concur-rent resolution.

Unfunded mandates

11. (a) In the Committee of the WholeHouse on the state of the Union, anamendment proposing only to strike anunfunded mandate from the portion ofthe bill then open to amendment, ifotherwise in order, may be precludedfrom consideration only by specificterms of a special order of the House.

(b) In this clause the term "unfundedmandate" means a Federal intergov-ernmental mandate the direct costs ofwhich exceed the threshold otherwisespecified for a reported bill or joint res-olution in section 424(a)(1) of the Con-gressional Budget Act of 1974.Applicability of Rules of the House

12. The Rules of the House are therules of the Committee of the WholeHouse on the state of the Union so faras applicable.

RULE XIXMOTIONS FOLLOWING THE AMENDMENT

STAGE

Previous question

1. (a) There shall be a motion for theprevious question, which, being or-dered, shall have the effect of cuttingoff all debate and bringing the House toa direct vote on the immediate ques-tion or questions on which it has beenordered. Whenever the previous ques-tion has been ordered on an otherwisedebatable question on which there hasbeen no debate, it shall be in order todebate that question for 40 minutes,equally divided and controlled by aproponent of the question and an oppo-nent. The previous question may bemoved and ordered on a single ques-tion, on a series of questions allowableunder the rules, or on an amendmentor amendments, or may embrace allauthorized motions or amendments andinclude the bill or resolution to its pas-sage, adoption, or rejection.

(b) Incidental questions of order aris-ing during the pendency of a motionfor the previous question shall be de-cided, whether on appeal or otherwise,without debate.

(c) Notwithstanding paragraph (a),when the previous question is oper-ating to adoption or passage of a meas-ure pursuant to a special order of busi-ness, the Chair may postpone furtherconsideration of such measure in theHouse to such time as may be des-ignated by the Speaker.

Recommit

2. (a) After the previous question hasbeen ordered on passage or adoption ofa measure, or pending a motion to thatend, it shall be in order to move thatthe House recommit (or commit, as thecase may be) the measure, with orwithout instructions, to a standing orselect committee. For such a motion torecommit, the Speaker shall give pref-erence in recognition to a Member,Delegate, or Resident Commissionerwho is opposed to the measure.

(b)(1) Except as provided in para-graph (c), a motion that the House re-commit a bill or joint resolution on

which the previous question has beenordered to passage shall be debatablefor 10 minutes equally divided betweenthe proponent and an opponent.

(2) A motion to recommit a bill orjoint resolution may include instruc-tions only in the form of a direction toreport an amendment or amendmentsback to the House forthwith.

(c) On demand of the floor managerfor the majority, it shall be in order todebate the motion for one hour equallydivided and controlled by the pro-ponent and an opponent.

Reconsideration

3. When a motion has been carried orlost, it shall be in order on the same orsucceeding day for a Member on theprevailing side of the question to entera motion for the reconsideration there-of. The entry of such a motion shalltake precedence over all other ques-tions except the consideration of a con-ference report or a motion to adjourn,and may not be withdrawn after suchsucceeding day without the consent ofthe House. Once entered, a motion maybe called up for consideration by anyMember. During the last six days of asession of Congress, such a motionshall be disposed of when entered.

4. A bill, petition, memorial, or reso-lution referred to a committee, or re-ported therefrom for printing and re-commitment, may not be brought backto the House on a motion to reconsider.

RULE XX

VOTING AND QUORUM CALLS

1. (a) The House shall divide after theSpeaker has put a question to a vote byvoice as provided in clause 6 of rule I ifthe Speaker is in doubt or division isdemanded. Those in favor of the ques-tion shall first rise from their seats tobe counted, and then those opposed.

(b) If a Member, Delegate, or Resi-dent Commissioner requests a recordedvote, and that request is supported byat least one-fifth of a quorum, the voteshall be taken by electronic device un-less the Speaker invokes another pro-cedure for recording votes provided inthis rule. A recorded vote taken in theHouse under this paragraph shall beconsidered a vote by the yeas and nays.

(c) In case of a tie vote, a questionshall be lost.

2. (a) Unless the Speaker directs oth-erwise, the Clerk shall conduct arecord vote or quorum call by elec-tronic device. In such a case the Clerkshall enter on the Journal and publishin the Congressional Record, in alpha-betical order in each category, thenames of Members recorded as votingin the affirmative, the names of Mem-bers recorded as voting in the negative,and the names of Members answeringpresent as if they had been called inthe manner provided in clause 3. Ex-cept as otherwise permitted underclause 8 or 9 of this rule or underclause 6 of rule XVIII, the minimumtime for a record vote or quorum callby electronic device shall be 15 min-utes.


(b) When the electronic voting sys-tem is inoperable or is not used, theSpeaker or Chair may direct the Clerkto conduct a record vote or quorumcall as provided in clause 3 or 4.

3. The Speaker may direct the Clerkto conduct a record vote or quorumcall by call of the roll. In such a casethe Clerk shall call the names of Mem-bers, alphabetically by surname. Whentwo or more have the same surname,the name of the State (and, if nec-essary to distinguish among Membersfrom the same State, the given namesof the Members) shall be added. Afterthe roll has been called once, the Clerkshall call the names of those not re-corded, alphabetically by surname.Members appearing after the secondcall, but before the result is an-nounced, may vote or announce a pair.

4. (a) The Speaker may direct arecord vote or quorum call to be con-ducted by tellers. In such a case thetellers named by the Speaker shallrecord the names of the Members vot-ing on each side of the question orrecord their presence, as the case maybe, which the Clerk shall enter on theJournal and publish in the Congres-sional Record. Absentees shall benoted, but the doors may not be closedexcept when ordered by the Speaker.The minimum time for a record vote orquorum call by tellers shall be 15 min-utes.

(b) On the demand of a Member, or atthe suggestion of the Speaker, thenames of Members sufficient to make aquorum in the Hall of the House whodo not vote shall be noted by the Clerk,entered on the Journal, reported to theSpeaker with the names of the Mem-bers voting, and be counted and an-nounced in determining the presence ofa quorum to do business.

5. (a) In the absence of a quorum, amajority comprising at least 15 Mem-bers, which may include the Speaker,may compel the attendance of absentMembers.

(b) Subject to clause 7(b) a majoritydescribed in paragraph (a) may orderthe Sergeant-at-Arms to send officersappointed by the Sergeant-at-Arms toarrest those Members for whom no suf-ficient excuse is made and shall secureand retain their attendance. The Houseshall determine on what condition theyshall be discharged. Unless the Houseotherwise directs, the Members whovoluntarily appear shall be admittedimmediately to the Hall of the Houseand shall report their names to theClerk to be entered on the Journal aspresent.

(c)(1) If the House should be withouta quorum due to catastrophic cir-cumstances, then--

(A) until there appear in the Housea sufficient number of Representa-tives to constitute a quorum amongthe whole number of the House, aquorum in the House shall be deter-mined based upon the provisionalnumber of the House; and

(B) the provisional number of theHouse, as of the close of the call of

the House described in subparagraph(3)(C), shall be the number of Rep-resentatives responding to that callof the House.(2) If a Representative counted in de-

termining the provisional number ofthe House thereafter ceases to be aRepresentative, or if a Representativenot counted in determining the provi-sional number of the House thereafterappears in the House, the provisionalnumber of the House shall be adjustedaccordingly.

(3) For the purposes of subparagraph(1), the House shall be considered to bewithout a quorum due to catastrophiccircumstances if, after a motion underparagraph (a) has been disposed of andwithout intervening adjournment, eachof the following occurs in the stated se-quence:

(A) A call of the House (or a seriesof calls of the House) is closed afteraggregating a period in excess of 72hours (excluding time the House is inrecess) without producing a quorum.

(B) The Speaker-(i) with the Majority Leader and

the Minority Leader, receives fromthe Sergeant-at-Arms (or a des-ignee) a catastrophic quorum fail-ure report, as described in subpara-graph (4);

(ii) consults with the MajorityLeader and the Minority Leader onthe content of that report; and

(iii) announces the content ofthat report to the House.(C) A further call of the House (or

a series of calls of the House) isclosed after aggregating a period inexcess of 24 hours (excluding time theHouse is in recess) without producinga quorum.(4)(A) For purposes of subparagraph

(3), a catastrophic quorum failure re-port is a report advising that the in-ability of the House to establish aquorum is attributable to catastrophiccircumstances involving natural dis-aster, attack, contagion, or similar ca-lamity rendering Representatives in-capable of attending the proceedings ofthe House.

(B) Such report shall specify the fol-lowing:

(i) The number of vacancies in theHouse and the names of former Rep-resentatives whose seats are vacant.

(ii) The names of Representativesconsidered incapacitated.

(iii) The names of Representativesnot incapacitated but otherwise in-capable of attending the proceedingsof the House.

(iv) The names of Representativesunaccounted for.(C) Such report shall be prepared on

the basis of the most authoritative in-formation available after consultationwith the Attending Physician to theCongress and the Clerk (or their re-spective designees) and pertinent pub-lic health and law enforcement offi-cials.

(D) Such report shall be updatedevery legislative day for the durationof any proceedings under or in reliance

on this paragraph. The Speaker shallmake such updates available to theHouse.

(5) An announcement by the Speakerunder subparagraph (3)(B)(iii) shall notbe subject to appeal.(6) Subparagraph (1) does not apply

to a proposal to create a vacancy in therepresentation from any State in re-spect of a Representative not incapaci-tated but otherwise incapable of at-tending the proceedings of the House.

(7) For purposes of this paragraph:(A) The term "provisional number

of the House" means the number ofRepresentatives upon which aquorum will be computed in theHouse until Representatives suffi-cient in number to constitute aquorum among the whole number ofthe House appear in the House.

(B) The term "whole number of theHouse" means the number of Rep-resentatives chosen, sworn, and liv-ing whose membership in the Househas not been terminated by resigna-tion or by the action of the House.(d) Upon the death, resignation, ex-

pulsion, disqualification, removal, orswearing of a Member, the whole num-ber of the House shall be adjusted ac-cordingly. The Speaker shall announcethe adjustment to the House. Such anannouncement shall not be subject toappeal. In the case of a death, theSpeaker may lay before the House suchdocumentation from Federal, State, orlocal officials as the Speaker deemspertinent.

6. (a) When a quorum fails to vote ona question, a quorum is not present,and objection is made for that cause(unless the House shall adjourn)-

(1) there shall be a call of theHouse;

(2) the Sergeant-at-Arms shall pro-ceed forthwith to bring in absentMembers; and

(3) the yeas and nays on the pend-ing question shall at the same timebe considered as ordered.(b) The Clerk shall record Members

by the yeas and nays on the pendingquestion, using such procedure as theSpeaker may invoke under clause 2, 3,or 4. Each Member arrested under thisclause shall be brought by the Ser-geant-at-Arms before the House,whereupon the Member shall be notedas present, discharged from arrest, andgiven an opportunity to vote; and suchvote shall be recorded. If those votingon the question and those who arepresent and decline to vote togethermake a majority of the House, theSpeaker shall declare that a quorum isconstituted, and the pending questionshall be decided as the requisite major-ity of those voting shall have deter-mined. Thereupon further proceedingsunder the call shall be considered asdispensed with.

(c) At any time after Members havehad the requisite opportunity to re-spond by the yeas and nays orderedunder this clause, but before a resulthas been announced, a motion that theHouse adjourn shall be in order if sec-

RULES OF THE

onded by a majority of those present,to be ascertained by actual count bythe Speaker. If the House adjourns onsuch a motion, all proceedings underthis clause shall be considered as va-cated.

7. (a) The Speaker may not entertaina point of order that a quorum is notpresent unless a question has been putto a vote.(b) Subject to paragraph (c) the

Speaker may recognize a Member, Del-egate, or Resident Commissioner tomove a call of the House at any time.When a quorum is established pursuantto a call of the House, further pro-ceedings under the call shall be consid-ered as dispensed with unless theSpeaker recognizes for a motion tocompel attendance of Members underclause 5(b).

(c) A call of the House shall not be inorder after the previous question is or-dered unless the Speaker determines byactual count that a quorum is notpresent.

Postponement of proceedings

8. (a)(1) When a recorded vote is or-dered, or the yeas and nays are or-dered, or a vote is objected to underclause 6-

(A) on any of the questions speci-fied in subparagraph (2), the Speakermay postpone further proceedings toa designated place in the legislativeschedule within two additional legis-lative days; and

(B) on the question of agreeing tothe Speaker's approval of the Jour-nal, the Speaker may postpone fur-ther proceedings to a designatedplace in the legislative schedule onthat legislative day.(2) The questions described in sub-

paragraph (1) are as follows:(A) The question of passing a bill or

joint resolution.(B) The question of adopting a reso-

lution or concurrent resolution.(C) The question of agreeing to a

motion to instruct managers on thepart of the House (except that pro-ceedings may not resume on such amotion under clause 7(c) of rule XXIIif the managers have filed a report inthe House).

(D) The question of agreeing to aconference report.

(E) The question of ordering theprevious question on a question de-scribed in subdivision (A), (B), (C), or(D).

(F) The question of agreeing to amotion to suspend the rules.

(G) The question of agreeing to amotion to reconsider or the questionof agreeing to a motion to lay on thetable a motion to reconsider.

(H) The question of agreeing to anamendment reported from the Com-mittee of the Whole.(b) At the time designated by the

Speaker for further proceedings onquestions postponed under paragraph(a), the Speaker shall resume pro-ceedings on each postponed question.

(c) The Speaker may reduce to fiveminutes the minimum time for elec-tronic voting on a question postponedunder this clause, or on a question inci-dental thereto, that follows anotherelectronic vote without interveningbusiness, so long as the minimum timefor electronic voting on the first in anyseries of questions is 15 minutes.

(d) If the House adjourns on a legisla-tive day designated for further pro-ceedings on questions postponed underthis clause without disposing of suchquestions, then on the next legislativeday the unfinished business is the dis-position of such questions.Five-minute votes

9. The Speaker may reduce to fiveminutes the minimum time for elec-tronic voting on any question arisingwithout intervening business after anelectronic vote on another question ifnotice of possible five-minute votingfor a given series of votes was issuedbefore the preceding electronic vote.

Automatic yeas and nays

10. The yeas and nays shall be consid-ered as ordered when the Speaker putsthe question on passage of a bill orjoint resolution, or on adoption of aconference report, making general ap-propriations, or increasing Federal in-come tax rates (within the meaning ofclause 5 of rule XXI), or on final adop-tion of a concurrent resolution on thebudget or conference report thereon.

Ballot votes

11. In a case of ballot for election, amajority of the votes shall be nec-essary to an election. When there isnot such a majority on the first ballot,the process shall be repeated until amajority is obtained. In all ballotingblanks shall be rejected, may not becounted in the enumeration of votes,and may not be reported by the tellers.

RULE XXIRESTRICTIONS ON CERTAIN BILLS

Reservation of certain points of order

1. At the time a general appropria-tion bill is reported, all points of orderagainst provisions therein shall be con-sidered as reserved.

General appropriation bills andamendments

2. (a)(1) An appropriation may not bereported in a general appropriationbill, and may not be in order as anamendment thereto, for an expenditurenot previously authorized by law, ex-cept to continue appropriations forpublic works and objects that are al-ready in progress.

(2) A reappropriation of unexpendedbalances of appropriations may not bereported in a general appropriationbill, and may not be in order as anamendment thereto, except to continueappropriations for public works and ob-jects that are already in progress. Thissubparagraph does not apply to trans-fers of unexpended balances within thedepartment or agency for which theywere originally appropriated that are

reported by the Committee on Appro-priations.

(b) A provision changing existing lawmay not be reported in a general appro-priation bill, including a provisionmaking the availability of funds con-tingent on the receipt or possession ofinformation not required by existinglaw for the period of the appropriation,except germane provisions that re-trench expenditures by the reduction ofamounts of money covered by the bill(which may include those rec-ommended to the Committee on Appro-priations by direction of a legislativecommittee having jurisdiction over thesubject matter) and except rescissionsof appropriations contained in appro-priation Acts.

(c) An amendment to a general ap-propriation bill shall not be in order ifchanging existing law, including anamendment making the availability offunds contingent on the receipt or pos-session of information not required byexisting law for the period of the ap-propriation. Except as provided inparagraph (d), an amendment pro-posing a limitation not specificallycontained or authorized in existing lawfor the period of the limitation shallnot be in order during consideration ofa general appropriation bill.

(d) After a general appropriation billhas been read for amendment, a motionthat the Committee of the WholeHouse on the state of the Union riseand report the bill to the House withsuch amendments as may have beenadopted shall, if offered by the Major-ity Leader or a designee, have prece-dence over motions to amend the bill.If such a motion to rise and report isrejected or not offered, amendmentsproposing limitations not specificallycontained or authorized in existing lawfor the period of the limitation or pro-posing germane amendments that re-trench expenditures by reductions ofamounts of money covered by the billmay be considered.

(e) A provision other than an appro-priation designated an emergencyunder section 251(b)(2) or section 252(e)of the Balanced Budget and EmergencyDeficit Control Act, a rescission ofbudget authority, or a reduction in di-rect spending or an amount for a des-ignated emergency may not be re-ported in an appropriation bill or jointresolution containing an emergencydesignation under section 251(b)(2) orsection 252(e) of such Act and may notbe in order as an amendment thereto.

(f) During the reading of an appro-priation bill for amendment in theCommittee of the Whole House on thestate of the Union, it shall be in orderto consider en bloc amendments pro-posing only to transfer appropriationsamong objects in the bill without in-creasing the levels of budget authorityor outlays in the bill. When considereden bloc under this paragraph, suchamendments may amend portions ofthe bill not yet read for amendment(following disposition of any points oforder against such portions) and are


not subject to a demand for division ofthe question in the House or in theCommittee of the Whole.

Transportation obligation limitations

3. It shall not be in order to considera bill, joint resolution, amendment, orconference report that would cause ob-ligation limitations to be below thelevel for any fiscal year set forth insection 8003 of the Safe, Accountable,Flexible, Efficient Transportation Eq-uity Act: A Legacy for Users, as ad-justed, for the highway category or themass transit category, as applicable.For purposes of this clause, any obliga-tion limitation relating to surfacetransportation projects under section1602 of the Transportation Equity Actfor the 21st Century and section 1702 ofthe Safe, Accountable, Flexible, Effi-cient Transportation Equity Act: ALegacy for Users shall be assumed tobe administered on the basis of soundprogram management practices thatare consistent with past practices ofthe administering agency permittingStates to decide High Priority Projectfunding priorities within State pro-gram allocations.

Appropriations on legislative bills

4. A bill or joint resolution carryingan appropriation may not be reportedby a committee not having jurisdictionto report appropriations, and anamendment proposing an appropriationshall not be in order during the consid-eration of a bill or joint resolution re-ported by a committee not having thatjurisdiction. A point of order againstan appropriation in such a bill, jointresolution, or amendment thereto maybe raised at any time during pendencyof that measure for amendment.

Tax and tariff measures andamendments

5. (a)(1) A bill or joint resolution car-rying a tax or tariff measure may notbe reported by a committee not havingjurisdiction to report tax or tariffmeasures, and an amendment in theHouse or proposed by the Senate car-rying a tax or tariff measure shall notbe in order during the consideration ofa bill or joint resolution reported by acommittee not having that jurisdic-tion. A point of order against a tax ortariff measure in such a bill, joint reso-lution, or amendment thereto may beraised at any time during pendency ofthat measure for amendment.

(2) For purposes of paragraph (1), atax or tariff measure includes anamendment proposing a limitation onfunds in a general appropriation bill forthe administration of a tax or tariff.

Passage of tax rate increases

(b) A bill or joint resolution, amend-ment, or conference report carrying aFederal income tax rate increase maynot be considered as passed or agreedto unless so determined by a vote ofnot less than three-fifths of the Mem-bers voting, a quorum being present. Inthis paragraph the term "Federal in-come tax rate increase" means any

amendment to subsection (a), (b), (c),(d), or (e) of section 1, or to section11(b) or 55(b), of the Internal RevenueCode of 1986, that imposes a new per-centage as a rate of tax and thereby in-creases the amount of tax imposed byany such section.

Consideration of retroactive tax rateincreases

(c) It shall not be in order to considera bill, joint resolution, amendment, orconference report carrying a retro-active Federal income tax rate in-crease. In this paragraph--

(1) the term "Federal income taxrate increase" means any amend-ment to subsection (a), (b), (c), (d), or(e) of section 1, or to section 11(b) or55(b), of the Internal Revenue Code of1986, that imposes a new percentageas a rate of tax and thereby increasesthe amount of tax imposed by anysuch section; and

(2) a Federal income tax rate in-crease is retroactive if it applies to aperiod beginning before the enact-ment of the provision.

Designation of public works

6. It shall not be in order to considera bill, joint resolution, amendment, orconference report that provides for thedesignation or redesignation of a publicwork in honor of an individual thenserving as a Member, Delegate, Resi-dent Commissioner, or Senator.

7. It shall not be in order to considera concurrent resolution on the budget,or an amendment thereto, or a con-ference report thereon that containsreconciliation directives under section310 of the Congressional Budget Act of1974 that specify changes in law reduc-ing the surplus or increasing the deficitfor either period described in clause10(a). In determining whether rec-onciliation directives specify changesin law reducing the surplus or increas-ing the deficit, the sum of the direc-tives for each reconciliation bill (undersection 310 of the Congressional BudgetAct of 1974) envisioned by that measureshall be evaluated.

8. With respect to measures consid-ered pursuant to a special order ofbusiness, points of order under title IIIof the Congressional Budget Act of 1974shall operate without regard to wheth-er the measure concerned has been re-ported from committee. Such points oforder shall operate with respect to (asthe case may be)-

(a) the form of a measure rec-ommended by the reporting com-mittee where the statute uses theterm "as reported" (in the case of ameasure that has been so reported);

(b) the form of the measure made inorder as an original bill or joint reso-lution for the purpose of amendment;or

(c) the form of the measure onwhich the previous question is or-dered directly to passage.9. (a) It shall not be in order to con-

sider--(1) a bill or joint resolution re-

ported by a committee unless the re-

port includes a list of congressionalearmarks, limited tax benefits, andlimited tariff benefits in the bill or inthe report (and the name of anyMember, Delegate, or Resident Com-missioner who submitted a request tothe committee for each respectiveitem included in such list) or a state-ment that the proposition containsno congressional earmarks, limitedtax benefits, or limited tariff bene-fits;

(2) a bill or joint resolution not re-ported by a committee unless thechair of each committee of initial re-ferral has caused a list of congres-sional earmarks, limited tax bene-fits, and limited tariff benefits in thebill (and the name of any Member,Delegate, or Resident Commissionerwho submitted a request to the com-mittee for each respective item in-cluded in such list) or a statementthat the proposition contains no con-gressional earmarks, limited tax ben-efits, or limited tariff benefits to beprinted in the Congressional Recordprior to its consideration;

(3) an amendment to a bill or jointresolution to be offered at the outsetof its consideration for amendmentby a member of a committee of ini-tial referral as designated in a reportof the Committee on Rules to accom-pany a resolution prescribing a spe-cial order of business unless the pro-ponent has caused a list of congres-sional earmarks, limited tax bene-fits, and limited tariff benefits in theamendment (and the name of anyMember, Delegate, or Resident Com-missioner who submitted a request tothe proponent for each respectiveitem included in such list) or a state-ment that the proposition containsno congressional earmarks, limitedtax benefits, or limited tariff benefitsto be printed in the CongressionalRecord prior to its consideration; or

(4) a conference report to accom-pany a bill or joint resolution unlessthe joint explanatory statement pre-pared by the managers on the part ofthe House and the managers on thepart of the Senate includes a list ofcongressional earmarks, limited taxbenefits, and limited tariff benefitsin the conference report or jointstatement (and the name of anyMember, Delegate, Resident Commis-sioner, or Senator who submitted arequest to the House or Senate com-mittees of jurisdiction for each re-spective item included in such list)or a statement that the propositioncontains no congressional earmarks,limited tax benefits, or limited tariffbenefits.(b) It shall not be in order to consider

a conference report to accompany aregular general appropriation bill un-less the joint explanatory statementprepared by the managers on the partof the House and the managers on thepart of the Senate includes-

(1) a list of congressional earmarks,limited tax benefits, and limited tar-iff benefits in the conference report

RULES OF THE

or joint statement (and the name ofany Member, Delegate, ResidentCommissioner, or Senator who sub-mitted a request to the House or Sen-ate committees of jurisdiction foreach respective item included in suchlist) that were neither committed tothe conference committee by eitherHouse nor in a report of a committeeof either House on such bill or on acompanion measure; or

(2) a statement that the propo-sition contains no congressional ear-marks, limited tax benefits, or lim-ited tariff benefits.(c) It shall not be in order to consider

a rule or order that waives the applica-tion of paragraph (a) or (b). As disposi-tion of a point of order under this para-graph or paragraph (b), the Chair shallput the question of consideration withrespect to the rule or order or con-ference report, as applicable. The ques-tion of consideration shall be debatablefor 10 minutes by the Member initi-ating the point of order and for 10 min-utes by an opponent, but shall other-wise be decided without interveningmotion except one that the House ad-journ.

(d) In order to be cognizable by theChair, a point of order raised underparagraph (a) may be based only on thefailure of a report, submission to theCongressional Record, or joint explana-tory statement to include a list re-quired by paragraph (a) or a statementthat the proposition contains no con-gressional earmarks, limited tax bene-fits, or limited tariff benefits.

(e) For the purpose of this clause, theterm "congressional earmark" means aprovision or report language includedprimarily at the request of a Member,Delegate, Resident Commissioner, orSenator providing, authorizing or rec-ommending a specific amount of dis-cretionary budget authority, credit au-thority, or other spending authorityfor a contract, loan, loan guarantee,grant, loan authority, or other expend-iture with or to an entity, or targetedto a specific State, locality or Congres-sional district, other than through astatutory or administrative formula-driven or competitive award process.

(f) For the purpose of this clause, theterm "limited tax benefit" means-

(1) any revenue-losing provisionthat-

(A) provides a Federal tax deduc-tion, credit, exclusion, or pref-erence to 10 or fewer beneficiariesunder the Internal Revenue Code of1986, and

(B) contains eligibility criteriathat are not uniform in applicationwith respect to potential bene-ficiaries of such provision; or(2) any Federal tax provision which

provides one beneficiary temporaryor permanent transition relief from achange to the Internal Revenue Codeof 1986.(f) For the purpose of this clause, the

term "limited tariff benefit" means aprovision modifying the HarmonizedTariff Schedule of the United States in

a manner that benefits 10 or fewer enti-ties.

10. (a)(1) Except as provided in para-graphs (b) and (c), it shall not be inorder to consider any bill, joint resolu-tion, amendment, or conference reportif the provisions of such measure af-fecting direct spending and revenueshave the net effect of increasing thedeficit or reducing the surplus for ei-ther the period comprising-

(A) the current fiscal year, thebudget year set forth in the most re-cently completed concurrent resolu-tion on the budget, and the four fis-cal years following that budget year;or

(B) the current fiscal year, thebudget year set forth in the most re-cently completed concurrent resolu-tion on the budget, and the nine fis-cal years following that budget year.

(2)The effect of such measure on thedeficit or surplus shall be determinedon the basis of estimates made by theCommittee on the Budget relative tobaseline estimates supplied by the Con-gressional Budget Office consistentwith section 257 of the Balanced Budgetand Emergency Deficit Control Act of1985.

(b) If a bill, joint resolution, oramendment is considered pursuant to aspecial order of the House directing theClerk to add as new matter at the endof such measure the provisions of a sep-arate measure as passed by the House,the provisions of such separate meas-ure as passed by the House shall be in-cluded in the evaluation under para-graph (a) of the bill, joint resolution,or amendment.

(c)(1) Except as provided in subpara-graph (2), the evaluation under para-graph (a) shall exclude a provision ex-pressly designated as an emergency forpurposes of pay-as-you-go principles inthe case of a point of order under thisclause against consideration of-

(A) a bill or joint resolution;(B) an amendment made in order as

original text by a special order ofbusiness;

(C) a conference report; or(D) an amendment between the

Houses.(2) In the case of an amendment

(other than one specified in subpara-graph (1)) to a bill or joint resolution,the evaluation under paragraph (a)shall give no cognizance to any des-ignation of emergency.

(3) If a bill, a joint resolution, anamendment made in order as originaltext by a special order of business, aconference report, or an amendmentbetween the Houses includes a provi-sion expressly designated as an emer-gency for purposes of pay-as-you-goprinciples, the Chair shall put the ques-tion of consideration with respectthereto.

RULE XXIIHOUSE AND SENATE RELATIONS

Senate amendments

1. A motion to disagree to Senateamendments to a House proposition

and to request or agree to a conferencewith the Senate, or a motion to insiston House amendments to a Senateproposition and to request or agree toa conference with the Senate, shall beprivileged in the discretion of theSpeaker if offered by direction of theprimary committee and of all reportingcommittees that had initial referral ofthe proposition.

2. A motion to dispose of House billswith Senate amendments not requiringconsideration in the Committee of theWhole House on the state of the Unionshall be privileged.

3. Except as permitted by clause 1,before the stage of disagreement, aSenate amendment to a House bill orresolution shall be subject to the pointof order that it must first be consid-ered in the Committee of the WholeHouse on the state of the Union if,originating in the House, it would besubject to such a point under clause 3of rule XVIII.

4. When the stage of disagreementhas been reached on a bill or resolutionwith House or Senate amendments, amotion to dispose of any amendmentshall be privileged.

5. (a) Managers on the part of theHouse may not agree to a Senateamendment described in paragraph (b)unless specific authority to agree tothe amendment first is given by theHouse by a separate vote with respectthereto. If specific authority is notgranted, the Senate amendment shallbe reported in disagreement by theconference committee back to the twoHouses for disposition by separate mo-tion.

(b) The managers on the part of theHouse may not agree to a Senateamendment described in paragraph (a)that-

(1) would violate clause 2(a)(1) or(c) of rule XXI if originating in theHouse; or

(2) proposes an appropriation on abill other than a general appropria-tion bill.6. A Senate amendment carrying a

tax or tariff measure in violation ofclause 5(a) of rule XXI may not beagreed to.

Conference reports; amendmentsreported in disagreement

7. (a) The presentation of a con-ference report shall be in order at anytime except during a reading of theJournal or the conduct of a recordvote, a vote by division, or a quorumcall.

(b)(1) Subject to subparagraph (2) thetime allotted for debate on a motion toinstruct managers on the part of theHouse shall be equally divided betweenthe majority and minority parties.

(2) If the proponent of a motion to in-struct managers on the part of theHouse and the Member, Delegate, orResident Commissioner of the otherparty identified under subparagraph (1)both support the motion, one-third ofthe time for debate thereon shall be al-lotted to a Member, Delegate, or Resi-


dent Commissioner who opposes themotion on demand of that Member,Delegate, or Resident Commissioner.

(c)(1) A motion to instruct managerson the part of the House, or a motionto discharge all managers on the partof the House and to appoint new con-ferees, shall be privileged after a con-ference committee has been appointedfor 20 calendar days and 10 legislativedays without making a report, but onlyon the day after the calendar day onwhich the Member, Delegate, or Resi-dent Commissioner offering the motionannounces to the House intention to doso and the form of the motion.

(2) The Speaker may designate a timein the legislative schedule on that leg-islative day for consideration of a mo-tion described in subparagraph (1).

(3) During the last six days of a ses-sion of Congress, a motion under sub-paragraph (1) shall be privileged after aconference committee has been ap-pointed for 36 hours without making areport and the proponent meets the no-tice requirement in subparagraph (1).

(d) Instructions to conferees in a mo-tion to instruct or in a motion to re-commit to conference may not includeargument.

(e) Each conference report to theHouse shall be printed as a report ofthe House. Each such report shall beaccompanied by a joint explanatorystatement prepared jointly by the man-agers on the part of the House and themanagers on the part of the Senate.The joint explanatory statement shallbe sufficiently detailed and explicit toinform the House of the effects of thereport on the matters committed toconference.

8. (a)(1) Except as specified in sub-paragraph (2), it shall not be in orderto consider a conference report until-

(A) the third calendar day (exclud-ing Saturdays, Sundays, or legalholidays except when the House is insession on such a day) on which theconference report and the accom-panying joint explanatory statementhave been available to Members, Del-egates, and the Resident Commis-sioner in the Congressional Record;and

(B) copies of the conference reportand the accompanying joint explana-tory statement have been availableto Members, Delegates, and the Resi-dent Commissioner for at least twohours.(2) Subparagraph (1)(A) does not

apply during the last six days of a ses-sion of Congress.

(b)(1) Except as specified in subpara-graph (2), it shall not be in order toconsider a motion to dispose of a Sen-ate amendment reported in disagree-ment by a conference committeeuntil-

(A) the third calendar day (exclud-ing Saturdays, Sundays, or legalholidays except when the House is insession on such a day) on which thereport in disagreement and any ac-companying statement have beenavailable to Members, Delegates, and

the Resident Commissioner in theCongressional Record; and

(B) copies of the report in disagree-ment and any accompanying state-ment, together with the text of theSenate amendment, have been avail-able to Members, Delegates, and theResident Commissioner for at leasttwo hours.(2) Subparagraph (1)(A) does not

apply during the last six days of a ses-sion of Congress.

(3) During consideration of a Senateamendment reported in disagreementby a conference committee on a gen-eral appropriation bill, a motion to in-sist on disagreement to the Senateamendment shall be preferential to anyother motion to dispose of that amend-ment if the original motion offered bythe floor manager proposes to changeexisting law and the motion to insist isoffered before debate on the originalmotion by the chair of the committeehaving jurisdiction of the subject mat-ter of the amendment or a designee.Such a preferential motion shall beseparately debatable for one hourequally divided between its proponentand the proponent of the original mo-tion. The previous question shall beconsidered as ordered on the pref-erential motion to its adoption withoutintervening motion.

(c) A conference report or a Senateamendment reported in disagreementby a conference committee that hasbeen available as provided in paragraph(a) or (b) shall be considered as readwhen called up.

(d)(1) Subject to subparagraph (2), thetime allotted for debate on a con-ference report or on a motion to dis-pose of a Senate amendment reportedin disagreement by a conference com-mittee shall be equally divided betweenthe majority and minority parties.

(2) If the floor manager for the ma-jority and the floor manager for theminority both support the conferencereport or motion, one-third of the timefor debate thereon shall be allotted toa Member, Delegate, or Resident Com-missioner who opposes the conferencereport or motion on demand of thatMember, Delegate, or Resident Com-missioner.

(e) Under clause 6(a)(2) of rule XIII, aresolution proposing only to waive arequirement of this clause concerningthe availability of reports to Members,Delegates, and the Resident Commis-sioner may be considered by the Houseon the same day it is reported by theCommittee on Rules.

9. Whenever a disagreement to anamendment has been committed to aconference committee, the managerson the part of the House may propose asubstitute that is a germane modifica-tion of the matter in disagreement.The introduction of any language pre-senting specific additional matter notcommitted to the conference com-mittee by either House does not con-stitute a germane modification of thematter in disagreement. Moreover, aconference report may not include

matter not committed to the con-ference committee by either House andmay not include a modification of spe-cific matter committed to the con-ference committee by either or bothHouses if that modification is beyondthe scope of that specific matter ascommitted to the conference com-mittee.

10. (a)(1) A Member, Delegate, orResident Commissioner may raise apoint of order against nongermanematter, as specified in subparagraph(2), before the commencement of de-bate on-

(A) a conference report;(B) a motion that the House recede

from its disagreement to a Senateamendment reported in disagreementby a conference committee and con-cur therein, with or without amend-ment; or

(C) a motion that the House recedefrom its disagreement to a Senateamendment on which the stage ofdisagreement has been reached andconcur therein, with or withoutamendment.(2) A point of order against non-

germane matter is one asserting that aproposition described in subparagraph(1) contains specified matter thatwould violate clause 7 of rule XVI if itwere offered in the House as an amend-ment to the underlying measure in theform it was passed by the House.

(b) If a point of order under para-graph (a) is sustained, a motion thatthe House reject the nongermane mat-ter identified by the point of ordershall be privileged. Such a motion isdebatable for 40 minutes, one-half infavor of the motion and one-half in op-position thereto.

(c) After disposition of a point oforder under paragraph (a) or a motionto reject under paragraph (b), any fur-ther points of order under paragraph(a) not covered by a previous point oforder, and any consequent motions toreject under paragraph (b), shall belikewise disposed of.

(d)(1) If a motion to reject underparagraph (b) is adopted, then after dis-position of all points of order underparagraph (a) and any consequent mo-tions to reject under paragraph (b), theconference report or motion, as thecase may be, shall be considered as re-jected and the matter remaining in dis-agreement shall be disposed of undersubparagraph (2) or (3), as the case maybe.

(2) After the House has adopted oneor more motions to reject nongermanematter contained in a conference re-port under the preceding provisions ofthis clause-

(A) if the conference report accom-panied a House measure amended bythe Senate, the pending questionshall be whether the House shall re-cede and concur in the Senateamendment with an amendment con-sisting of so much of the conferencereport as was not rejected; and

(B) if the conference report accom-panied a Senate measure amended by

RULES OF THE

the House, the pending question shallbe whether the House shall insist fur-ther on the House amendment.(3) After the House has adopted one

or more motions to reject nongermanematter contained in a motion that theHouse recede and concur in a Senateamendment, with or without amend-ment, the following motions shall beprivileged and shall have precedence inthe order stated:

(A) A motion that the House recedeand concur in the Senate amendmentwith an amendment in writing thenavailable on the floor.

(B) A motion that the House insiston its disagreement to the Senateamendment and request a furtherconference with the Senate.

(C) A motion that the House insiston its disagreement to the Senateamendment.(e) If, on a division of the question on

a motion described in paragraph(a)(1)(B) or (C), the House agrees to re-cede, then a Member, Delegate, or Resi-dent Commissioner may raise a pointof order against nongermane matter, asspecified in paragraph (a)(2), before thecommencement of debate on concur-ring in the Senate amendment, with orwithout amendment. A point of orderunder this paragraph shall be disposedof according to the preceding provi-sions of this clause in the same manneras a point of order under paragraph (a).

11. It shall not be in order to considera conference report to accompany abill or joint resolution that proposes toamend the Internal Revenue Code of1986 unless-

(a) the joint explanatory statementof the managers includes a tax com-plexity analysis prepared by theJoint Committee on Internal Rev-enue Taxation in accordance withsection 4022(b) of the Internal Rev-enue Service Restructuring and Re-form Act of 1998; or

(b) the of the Committee on Waysand Means causes such a tax com-plexity analysis to be printed in theCongressional Record before consid-eration of the conference report.12. (a)(1) Subject to subparagraph (2),

a meeting of each conference com-mittee shall be open to the public.

(2) In open session of the House, amotion that managers on the part ofthe House be permitted to close to thepublic a meeting or meetings of theirconference committee shall be privi-leged, shall be decided without debate,and shall be decided by the yeas andnays.

(3) In conducting conferences withthe Senate, managers on the part ofthe House should endeavor to ensure-

(A) that meetings for the resolu-tion of differences between the twoHouses occur only under cir-cumstances in which every manageron the part of the House has notice ofthe meeting and a reasonable oppor-tunity to attend;

(B) that all provisions on which thetwo Houses disagree are considered

as open to discussion at any meetingof a conference committee; and

(C) that papers reflecting a con-ference agreement are held inviolateto change without renewal of the op-portunity of all managers on the partof the House to reconsider their deci-sions to sign or not to sign the agree-ment.(4) Managers on the part of the House

shall be provided a unitary time andplace with access to at least one com-plete copy of the final conferenceagreement for the purpose of recordingtheir approval (or not) of the final con-ference agreement by placing their sig-natures (or not) on the sheets preparedto accompany the conference reportand joint explanatory statement of themanagers.

(b) A point of order that a conferencecommittee failed to comply with para-graph (a) may be raised immediatelyafter the conference report is read orconsidered as read. If such a point oforder is sustained, the conference re-port shall be considered as rejected, theHouse shall be considered to have in-sisted on its amendments or on dis-agreement to the Senate amendments,as the case may be, and to have re-quested a further conference with theSenate, and the Speaker may appointnew conferees without intervening mo-tion.

13. It shall not be in order to considera conference report the text of whichdiffers in any way, other than clerical,from the text that reflects the actionof the conferees on all of the dif-ferences between the two Houses, as re-corded by their placement of their sig-natures (or not) on the sheets preparedto accompany the conference reportand joint explanatory statement of themanagers.

RULE XXIII

CODE OF OFFICIAL CONDUCT

There is hereby established by andfor the House the following code of con-duct, to be known as the "Code of Offi-cial Conduct":

1. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House shall behave at all timesin a manner that shall reflectcreditably on the House.

2. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House shall adhere to the spir-it and the letter of the Rules of theHouse and to the rules of duly con-stituted committees thereof.

3. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House may not receive com-pensation and may not permit com-pensation to accrue to the beneficialinterest of such individual from anysource, the receipt of which wouldoccur by virtue of influence improp-erly exerted from the position of suchindividual in Congress.

4. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House may not accept gifts ex-

cept as provided by clause 5 of ruleXXV.

5. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House may not accept an hono-rarium for a speech, a writing forpublication, or other similar activ-ity, except as otherwise providedunder rule XXV.

6. A Member, Delegate, or ResidentCommissioner-

(a) shall keep the campaign fundsof such individual separate fromthe personal funds of such indi-vidual;

(b) may not convert campaignfunds to personal use in excess ofan amount representing reimburse-ment for legitimate and verifiablecampaign expenditures; and(c) except as provided in clause

1(b) of rule XXIV, may not expendfunds from a campaign accounts ofsuch individual that are not attrib-utable to bona fide campaign or po-litical purposes.7. A Member, Delegate, or Resident

Commissioner shall treat as cam-paign contributions all proceeds fromtestimonial dinners or other fund-raising events.

8. (a) A Member, Delegate, ResidentCommissioner, or officer of the Housemay not retain an employee who doesnot perform duties for the offices ofthe employing authority commensu-rate with the compensation such em-ployee receives.

(b) In the case of a committee em-ployee who works under the directsupervision of a member of the com-mittee other than a chair, the chairmay require that such member affirmin writing that the employee hascomplied with clause 8(a) (subject toclause 9 of rule X) as evidence ofcompliance by the chair with thisclause and with clause 9 of rule X.

(c)(1) Except as specified in sub-paragraph (2)-

(A) a Member, Delegate, or Resi-dent Commissioner may not retainthe spouse of such individual in apaid position; and

(B) an employee of the Housemay not accept compensation forwork for a committee on which thespouse of such employee serves as amember.(2) Subparagraph (1) shall not apply

in the case of a spouse whose perti-nent employment predates the OneHundred Seventh Congress.

9. A Member, Delegate, ResidentCommissioner, officer, or employeeof the House may not discharge andmay not refuse to hire an individual,or otherwise discriminate against anindividual with respect to compensa-tion, terms, conditions, or privilegesof employment, because of the race,color, religion, sex (including maritalor parental status), disability, age, ornational origin of such individual,but may take into consideration thedomicile or political affiliation ofsuch individual.


10. A Member, Delegate, or Resi-dent Commissioner who has beenconvicted by a court of record for thecommission of a crime for which asentence of two or more years' im-prisonment may be imposed shouldrefrain from participation in thebusiness of each committee of whichsuch individual is a member, and aMember should refrain from votingon any question at a meeting of theHouse or of the Committee of theWhole House on the state of theUnion, unless or until judicial or ex-ecutive proceedings result in rein-statement of the presumption of theinnocence of such Member or untilthe Member is reelected to the Houseafter the date of such conviction.

11. A Member, Delegate, or Resi-dent Commissioner may not author-ize or otherwise allow an individual,group, or organization not under thedirection and control of the House touse the words "Congress of theUnited States," "House of Representatives," or "Official Business," orany combination of words thereof, onany letterhead or envelope.

12. (a) Except as provided in para-graph (b), an employee of the Housewho is required to file a report underrule XXVI may not participate per-sonally and substantially as an em-ployee of the House in a contact withan agency of the executive or judicialbranches of Government with respectto nonlegislative matters affectingany nongovernmental person inwhich the employee has a significantfinancial interest.

(b) Paragraph (a) does not apply ifan employee first advises the em-ploying authority of such employeeof a significant financial interest de-scribed in paragraph (a) and obtainsfrom such employing authority awritten waiver stating that the par-ticipation of the employee in the ac-tivity described in paragraph (a) isnecessary. A copy of each such waiv-er shall be filed with the Committeeon Standards of Official Conduct.

13. Before a Member, Delegate,Resident Commissioner, officer, oremployee of the House may have ac-cess to classified information, thefollowing oath (or affirmation) shallbe executed:

"I do solemnly swear (or affirm)that I will not disclose any classi-fied information received in thecourse of my service with theHouse of Representatives, except asauthorized by the House of Rep-resentatives or in accordance withits Rules."

Copies of the executed oath (or affir-mation) shall be retained by theClerk as part of the records of theHouse. The Clerk shall make signa-tures a matter of public record, caus-ing the names of each Member, Dele-gate, or Resident Commissioner whohas signed the oath during a week (ifany) to be published in a portion ofthe Congressional Record designatedfor that purpose on the last legisla-

tive day of the week and making cu-mulative lists of such names avail-able each day for public inspection inan appropriate office of the House.

14. A Member, Delegate, or Resi-dent Commissioner may not, withthe intent to influence on the basis ofpartisan political affiliation an em-ployment decision or employmentpractice of any private entity-

(a) take or withhold, or offer orthreaten to take or withhold, an of-ficial act; or

(b) influence, or offer or threatento influence, the official act of an-other.15. (a) Except as provided in para-

graph (b), a Member, Delegate, orResident Commissioner may not usepersonal funds, official funds, or cam-paign funds for a flight on an air-craft.

(b) Paragraph (a) does not applyif-

(1) the aircraft is operated by anair carrier or commercial operatorcertificated by the Federal Avia-tion Administration and the flightis required to be conducted underair carrier safety rules, or, in thecase of travel which is abroad, byan air carrier or commercial oper-ator certificated by an appropriateforeign civil aviation authority andthe flight is required to be con-ducted under air carrier safetyrules;

(2) the aircraft is owned or leasedby a Member, Delegate, ResidentCommissioner or a family memberof a Member, Delegate, or ResidentCommissioner (including an air-craft owned by an entity that is nota public corporation in which theMember, Delegate, Resident Com-missioner or a family member of aMember, Delegate, or ResidentCommissioner has an ownership in-terest, provided that such Member,Delegate, or Resident Commis-sioner does not use the aircraft anymore than the Member, Delegate,Resident Commissioner, or familymember's proportionate share ofownership allows);

(3) the flight consists of the per-sonal use of an aircraft by a Mem-ber, Delegate, or Resident Commis-sioner that is supplied by an indi-vidual on the basis of personalfriendship; or

(4) the aircraft is operated by anentity of the Federal governmentor an entity of the government ofany State.(c) In this clause-

(1) the term "campaign funds" in-cludes funds of any political com-mittee under the Federal ElectionCampaign Act of 1971, without re-gard to whether the committee isan authorized committee of theMember, Delegate, or ResidentCommissioner involved under suchAct;

(2) the term "family member"means an individual who is related

to the Member, Delegate, or Resi-dent Commissioner, as father,mother, son, daughter, brother, sis-ter, husband, wife, father-in-law, ormother-in-law; and

(3) the term "on the basis of per-sonal friendship" has the samemeaning as in clause 5 of rule XXVand shall be determined as underclause 5(a)(3)(D)(ii) of rule XXV.16. A Member, Delegate, or Resi-

dent Commissioner may not condi-tion the inclusion of language to pro-vide funding for a congressional ear-mark, a limited tax benefit, or a lim-ited tariff benefit in any bill or jointresolution (or an accompanying re-port) or in any conference report on abill or joint resolution (including anaccompanying joint explanatorystatement of managers) on any votecast by another Member, Delegate, orResident Commissioner. For purposesof this clause and clause 17, theterms "congressional earmark,""limited tax benefit," and "limitedtariff benefit" shall have the mean-ings given them in clause 9 of ruleXXI.

17. (a) A Member, Delegate, or Resi-dent Commissioner who requests acongressional earmark, a limited taxbenefit, or a limited tariff benefit inany bill or joint resolution (or an ac-companying report) or in any con-ference report on a bill or joint reso-lution (or an accompanying jointstatement of managers) shall providea written statement to the chair andranking minority member of thecommittee of jurisdiction, includ-ing-

(1) the name of the Member, Dele-gate, or Resident Commissioner;

(2) in the case of a congressionalearmark, the name and address ofthe intended recipient or, if there isno specifically intended recipient,the intended location of the activ-ity;

(3) in the case of a limited tax ortariff benefit, identification of theindividual or entities reasonablyanticipated to benefit, to the ex-tent known to the Member, Dele-gate, or Resident Commissioner;(4) the purpose of such congres-

sional earmark or limited tax ortariff benefit; and

(5) a certification that the Mem-ber, Delegate, or Resident Commis-sioner or spouse has no financialinterest in such congressional ear-mark or limited tax or tariff ben-efit.(b) Each committee shall maintain

the information transmitted underparagraph (a), and the written disclo-sures for any congressional ear-marks, limited tax benefits, or lim-ited tariff benefits included in anymeasure reported by the committeeor conference report filed by thechair of the committee or any sub-committee thereof shall be open forpublic inspection.

RULES OF THE

18. (a) In this Code of Official Con-duct, the term "officer or employeeof the House" means an individualwhose compensation is disbursed bythe Chief Administrative Officer.

(b) An individual whose services arecompensated by the House pursuantto a consultant contract shall be con-sidered an employee of the House forpurposes of clauses 1, 2, 3, 4, 8, 9, and13 of this rule. An individual whoseservices are compensated by theHouse pursuant to a consultant con-tract may not lobby the contractingcommittee or the members or staff ofthe contracting committee on anymatter. Such an individual maylobby other Members, Delegates, orthe Resident Commissioner or staffof the House on matters outside thejurisdiction of the contracting com-mittee. In the case of such an indi-vidual who is a member or employeeof a firm, partnership, or other busi-ness organization, the other membersand employees of the firm, partner-ship, or other business organizationshall be subject to the same restric-tions on lobbying that apply to theindividual under this paragraph.

RULE XXIV

LIMITATIONS ON USE OF OFFICIAL FUNDSLimitations on use of official andunofficial accounts

1. (a) Except as provided in paragraph(b), a Member, Delegate, or ResidentCommissioner may not maintain, orhave maintained for the use of such in-dividual, an unofficial office account.Funds may not be paid into an unoffi-cial office account.

(b)(1) Except as provided in subpara-graph (2), a Member, Delegate, or Resi-dent Commissioner may defray officialexpenses with funds of the principalcampaign committee of such individualunder the Federal Election CampaignAct of 1971 (2 U.S.C. 431 et seq.).

(2) The funds specified in subpara-graph (1) may not be used to defray of-ficial expenses for mail or other com-munications, compensation for serv-ices, office space, office furniture, of-fice equipment, or any associated in-formation technology services (exclud-ing handheld communications devices).

2. Notwithstanding any other provi-sion of this rule, if an amount from theOfficial Expenses Allowance of a Mem-ber, Delegate, or Resident Commis-sioner is paid into the House RecordingStudio revolving fund for tele-communications satellite services, theMember, Delegate, or Resident Com-missioner may accept reimbursementfrom nonpolitical entities in thatamount for transmission to the Clerkfor credit to the Official Expenses Al-lowance.

3. In this rule the term "unofficial of-fice account" means an account or re-pository in which funds are received forthe purpose of defraying otherwise un-reimbursed expenses allowable undersection 162(a) of the Internal RevenueCode of 1986 as ordinary and necessaryin the operation of a congressional of-

fice, and includes a newsletter fund re-ferred to in section 527(g) of the Inter-nal Revenue Code of 1986.

Limitations on use of the frank

4. A Member, Delegate, or ResidentCommissioner shall mail franked mailunder section 3210(d) of title 39, UnitedStates Code at the most economicalrate of postage practicable.

5. Before making a mass mailing, aMember, Delegate, or Resident Com-missioner shall submit a sample or de-scription of the mail matter involvedto the House Commission on Congres-sional Mailing Standards for an advi-sory opinion as to whether the pro-posed mailing is in compliance with ap-plicable provisions of law, rule, or reg-ulation.

6. A mass mailing that is otherwisefrankable by a Member, Delegate, orResident Commissioner under the pro-visions of section 3210(e) of title 39,United States Code, is not frankableunless the cost of preparing and print-ing it is defrayed exclusively fromfunds made available in an appropria-tion Act.

7. A Member, Delegate, or ResidentCommissioner may not send a massmailing outside the congressional dis-trict from which elected.

8. In the case of a Member, Delegate,or Resident Commissioner, a massmailing is not frankable under section3210 of title 39, United States Code,when it is postmarked less than 90 daysbefore the date of a primary or generalelection (whether regular, special, orrunoff) in which such individual is acandidate for public office. If the mailmatter is of a type that is not custom-arily postmarked, the date on which itwould have been postmarked, if it wereof a type customarily postmarked, ap-plies.

9. In this rule the term "mass mail-ing" means, with respect to a sessionof Congress, a mailing of newsletters orother pieces of mail with substantiallyidentical content (whether such piecesof mail are deposited singly or in bulk,or at the same time or different times),totaling more than 500 pieces of mail inthat session, except that such termdoes not include a mailing--

(a) of matter in direct response to acommunication from a person towhom the matter is mailed;

(b) from a Member, Delegate, orResident Commissioner to otherMembers, Delegates, the ResidentCommissioner, or Senators, or toFederal, State, or local governmentofficials; or

(c) of a news release to the commu-nications media.

Prohibition on use of funds byMembers not elected to succeedingCongress

10. Funds from the applicable ac-counts described in clause 1(j)(1) of ruleX, including funds from committee ex-pense resolutions, and funds in anylocal currencies owned by the UnitedStates may not be made available fortravel by a Member, Delegate, Resident

Commissioner, or Senator after thedate of a general election in which suchindividual was not elected to the suc-ceeding Congress or, in the case of aMember, Delegate, or Resident Com-missioner who is not a candidate in ageneral election, after the earlier ofthe date of such general election or theadjournment sine die of the last reg-ular session of the Congress.

RULE XXVLIMITATIONS ON OUTSIDE EARNED

INCOME AND ACCEPTANCE OF GIFTS

Outside earned income; honoraria

1. (a) Except as provided by para-graph (b), a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House may not-

(1) have outside earned income at-tributable to a calendar year that ex-ceeds 15 percent of the annual rate ofbasic pay for level II of the ExecutiveSchedule under section 5313 of title 5,United States Code, as of January 1of that calendar year; or

(2) receive any honorarium, exceptthat an officer or employee of theHouse who is paid at a rate less than120 percent of the minimum rate ofbasic pay for GS-15 of the GeneralSchedule may receive an honorariumunless the subject matter is directlyrelated to the official duties of theindividual, the payment is made be-cause of the status of the individualwith the House, or the person offer-ing the honorarium has intereststhat may be substantially affected bythe performance or nonperformanceof the official duties of the indi-vidual.(b) In the case of an individual who

becomes a Member, Delegate, ResidentCommissioner, officer, or employee ofthe House, such individual may nothave outside earned income attrib-utable to the portion of a calendar yearthat occurs after such individual be-comes a Member, Delegate, ResidentCommissioner, officer, or employeethat exceeds 15 percent of the annualrate of basic pay for level II of the Ex-ecutive Schedule under section 5313 oftitle 5, United States Code, as of Janu-ary 1 of that calendar year multipliedby a fraction, the numerator of whichis the number of days the individual isa Member, Delegate, Resident Commis-sioner, officer, or employee during thatcalendar year and the denominator ofwhich is 365.

(c) A payment in lieu of an hono-rarium that is made to a charitable or-ganization on behalf of a Member, Del-egate, Resident Commissioner, officer,or employee of the House may not bereceived by that Member, Delegate,Resident Commissioner, officer, or em-ployee. Such a payment may not ex-ceed $2,000 or be made to a charitableorganization from which the Member,Delegate, Resident Commissioner, offi-cer, or employee or a parent, sibling,spouse, child, or dependent relative ofthe Member, Delegate, Resident Com-missioner, officer, or employee, derivesa financial benefit.


2. A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not-

(a) receive compensation foraffiliating with or being employed bya firm, partnership, association, cor-poration, or other entity that pro-vides professional services involvinga fiduciary relationship except forthe practice of medicine;

(b) permit the name of such indi-vidual to be used by such a firm,partnership, association, corporation,or other entity;

(c) receive compensation for prac-ticing a profession that involves a fi-duciary relationship except for thepractice of medicine;

(d) serve for compensation as an of-ficer or member of the board of an as-sociation, corporation, or other enti-ty; or

(e) receive compensation for teach-ing, without the prior notificationand approval of the Committee onStandards of Official Conduct.

Copyright royalties

3. (a) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not receive an advancepayment on copyright royalties. Thisparagraph does not prohibit a literaryagent, researcher, or other individual(other than an individual employed bythe House or a relative of a Member,Delegate, Resident Commissioner, offi-cer, or employee) working on behalf ofa Member, Delegate, Resident Commis-sioner, officer, or employee with re-spect to a publication from receivingan advance payment of a copyrightroyalty directly from a publisher andsolely for the benefit of that literaryagent, researcher, or other individual.

(b) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not receive copyrightroyalties under a contract entered intoon or after January 1, 1996, unless thatcontract is first approved by the Com-mittee on Standards of Official Con-duct as complying with the require-ment of clause 4(d)(1)(E) (that royaltiesare received from an established pub-lisher under usual and customary con-tractual terms).

Definitions

4. (a)(1) In this rule, except as pro-vided in subparagraph (2), the term "of-ficer or employee of the House" meansan individual (other than a Member,Delegate, or Resident Commissioner)whose pay is disbursed by the Chief Ad-ministrative Officer, who is paid at arate equal to or greater than 120 per-cent of the minimum rate of basic payfor GS-15 of the General Schedule, andwho is so employed for more than 90days in a calendar year.

(2)(A) When used with respect to anhonorarium, the term "officer or em-ployee of the House" means an indi-vidual (other than a Member, Delegate,or Resident Commissioner) whose sal-ary is disbursed by the Chief Adminis-trative Officer.

(B) When used in clause 5 of this rule,the terms "officer" and "employee"have the same meanings as in ruleXXIII.

(b) In this rule the term "hono-rarium" means a payment of money ora thing of value for an appearance,speech, or article (including a series ofappearances, speeches, or articles) by aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse, excluding any actual and nec-essary travel expenses incurred by thatMember, Delegate, Resident Commis-sioner, officer, or employee (and onerelative) to the extent that such ex-penses are paid or reimbursed by anyother person. The amount otherwisedetermined shall be reduced by theamount of any such expenses to the ex-tent that such expenses are not so paidor reimbursed.(c) In this rule the term "travel ex-

penses" means, with respect to a Mem-ber, Delegate, Resident Commissioner,officer, or employee of the House, or arelative of such Member, Delegate,Resident Commissioner, officer, or em-ployee, the cost of transportation, andthe cost of lodging and meals whileaway from the residence or principalplace of employment of such indi-vidual.

(d)(1) In this rule the term "outsideearned income" means, with respect toa Member, Delegate, Resident Commis-sioner, officer, or employee of theHouse, wages, salaries, fees, and otheramounts received or to be received ascompensation for personal services ac-tually rendered, but does not include -

(A) the salary of a Member, Dele-gate, Resident Commissioner, officer,or employee;

(B) any compensation derived by aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse for personal services actuallyrendered before the adoption of thisrule or before such individual becamea Member, Delegate, Resident Com-missioner, officer, or employee;

(C) any amount paid by, or on be-half of, a Member, Delegate, ResidentCommissioner, officer, or employeeof the House to a tax-qualified pen-sion, profit-sharing, or stock bonusplan and received by such individualfrom such a plan;

(D) in the case of a Member, Dele-gate, Resident Commissioner, officer,or employee of the House engaged ina trade or business in which such in-dividual or the family of such indi-vidual holds a controlling interestand in which both personal servicesand capital are income-producingfactors, any amount received by theMember, Delegate, Resident Commis-sioner, officer, or employee, so longas the personal services actually ren-dered by such individual in the tradeor business do not generate a signifi-cant amount of income; or

(E) copyright royalties receivedfrom established publishers underusual and customary contractualterms; and

(2) outside earned income shall be de-termined without regard to communityproperty law.

(e) In this rule the term "charitableorganization" means an organizationdescribed in section 170(c) of the Inter-nal Revenue Code of 1986.Gifts

5. (a)(1)(A)(i) A Member, Delegate,Resident Commissioner, officer, or em-ployee of the House may not knowinglyaccept a gift except as provided in thisclause.

(ii) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not knowingly accept agift from a registered lobbyist or agentof a foreign principal or from a privateentity that retains or employs reg-istered lobbyists or agents of a foreignprincipal except as provided in sub-paragraph (3) of this paragraph.

(B)(i) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may accept a gift (otherthan cash or cash equivalent) not pro-hibited by subdivision (A)(ii) that theMember, Delegate, Resident Commis-sioner, officer, or employee reasonablyand in good faith believes to have avalue of less than $50 and a cumulativevalue from one source during a cal-endar year of less than $100. A gift hav-ing a value of less than $10 does notcount toward the $100 annual limit.The value of perishable food sent to anoffice shall be allocated among the in-dividual recipients and not to theMember, Delegate, or Resident Com-missioner. Formal recordkeeping is notrequired by this subdivision, but aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse shall make a good faith effort tocomply with this subdivision.

(ii) A gift of a ticket to a sporting orentertainment event shall be valued atthe face value of the ticket or, in thecase of a ticket without a face value, atthe highest cost of a ticket with a facevalue for the event. The price printedon a ticket to an event shall be deemedits face value only if it also is the priceat which the issuer offers that ticketfor sale to the public.

(2)(A) In this clause the term "gift"means a gratuity, favor, discount, en-tertainment, hospitality, loan, forbear-ance, or other item having monetaryvalue. The term includes gifts of serv-ices, training, transportation, lodging,and meals, whether provided in kind,by purchase of a ticket, payment in ad-vance, or reimbursement after the ex-pense has been incurred.

(B)(i) A gift to a family member of aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse, or a gift to any other individualbased on that individual's relationshipwith the Member, Delegate, ResidentCommissioner, officer, or employee,shall be considered a gift to the Mem-ber, Delegate, Resident Commissioner,officer, or employee if it is given withthe knowledge and acquiescence of theMember, Delegate, Resident Commis-

RULES OF THE

sioner, officer, or employee and theMember, Delegate, Resident Commis-sioner, officer, or employee has reasonto believe the gift was given because ofthe official position of such individual.

(ii) If food or refreshment is providedat the same time and place to both aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse and the spouse or dependentthereof, only the food or refreshmentprovided to the Member, Delegate,Resident Commissioner, officer, or em-ployee shall be treated as a gift for pur-poses of this clause.

(3) The restrictions in subparagraph(1) do not apply to the following:

(A) Anything for which the Mem-ber, Delegate, Resident Commis-sioner, officer, or employee of theHouse pays the market value, or doesnot use and promptly returns to thedonor.

(B) A contribution, as defined insection 301(8) of the Federal ElectionCampaign Act of 1971 (2 U.S.C. 431)that is lawfully made under that Act,a lawful contribution for election toa State or local government office, orattendance at a fundraising eventsponsored by a political organizationdescribed in section 527(e) of the In-ternal Revenue Code of 1986.

(C) A gift from a relative as de-scribed in section 109(16) of title I ofthe Ethics in Government Act of 1978(5 U.S.C. App. 109(16)).

(D)(i) Anything provided by an in-dividual on the basis of a personalfriendship unless the Member, Dele-gate, Resident Commissioner, officer,or employee of the House has reasonto believe that, under the cir-cumstances, the gift was provided be-cause of the official position of suchindividual and not because of the per-sonal friendship.

(ii) In determining whether a gift isprovided on the basis of personalfriendship, the Member, Delegate,Resident Commissioner, officer, oremployee of the House shall considerthe circumstances under which thegift was offered, such as:

(I) The history of the relationshipof such individual with the indi-vidual giving the gift, includingany previous exchange of gifts be-tween them.

(II) Whether to the actual knowl-edge of such individual the indi-vidual who gave the gift personallypaid for the gift or sought a tax de-duction or business reimbursementfor the gift.

(III) Whether to the actualknowledge of such individual theindividual who gave the gift alsogave the same or similar gifts toother Members, Delegates, theResident Commissioners, officers,or employees of the House.(E) Except as provided in paragraph

(e)(3), a contribution or other pay-ment to a legal expense fund estab-lished for the benefit of a Member,Delegate, Resident Commissioner, of-ficer, or employee of the House that

is otherwise lawfully made in accord-ance with the restrictions and disclo-sure requirements of the Committeeon Standards of Official Conduct.

(F) A gift from another Member,Delegate, Resident Commissioner, of-ficer, or employee of the House orSenate.

(G) Food, refreshments, lodging,transportation, and other benefits-

(i) resulting from the outsidebusiness or employment activitiesof the Member, Delegate, ResidentCommissioner, officer, or employeeof the House (or other outside ac-tivities that are not connected tothe duties of such individual as anofficeholder), or of the spouse ofsuch individual, if such benefitshave not been offered or enhancedbecause of the official position ofsuch individual and are custom-arily provided to others in similarcircumstances;

(ii) customarily provided by aprospective employer in connectionwith bona fide employment discus-sions; or

(iii) provided by a political orga-nization described in section 527(e)of the Internal Revenue Code of1986 in connection with a fund-raising or campaign event spon-sored by such organization.(H) Pension and other benefits re-

sulting from continued participationin an employee welfare and benefitsplan maintained by a former em-ployer.

(I) Informational materials thatare sent to the office of the Member,Delegate, Resident Commissioner, of-ficer, or employee of the House in theform of books, articles, periodicals,other written materials, audiotapes,videotapes, or other forms of commu-nication.

(J) Awards or prizes that are givento competitors in contests or eventsopen to the public, including randomdrawings.

(K) Honorary degrees (and associ-ated travel, food, refreshments, andentertainment) and other bona fide,nonmonetary awards presented inrecognition of public service (and as-sociated food, refreshments, and en-tertainment provided in the presen-tation of such degrees and awards).

(L) Training (including food and re-freshments furnished to all attendeesas an integral part of the training) ifsuch training is in the interest of theHouse.

(M) Bequests, inheritances, andother transfers at death.

(N) An item, the receipt of which isauthorized by the Foreign Gifts andDecorations Act, the Mutual Edu-cational and Cultural Exchange Act,or any other statute.

(O) Anything that is paid for by theFederal Government, by a State orlocal government, or secured by theGovernment under a Governmentcontract.

(P) A gift of personal hospitality(as defined in section 109(14) of the

Ethics in Government Act) of an in-dividual other than a registered lob-byist or agent of a foreign principal.(Q) Free attendance at an event

permitted under subparagraph (4).(R) Opportunities and benefits that

are-(i) available to the public or to a

class consisting of all Federal em-ployees, whether or not restrictedon the basis of geographic consider-ation;

(ii) offered to members of a groupor class in which membership is un-related to congressional employ-ment;

(iii) offered to members of an or-ganization, such as an employees'association or congressional creditunion, in which membership is re-lated to congressional employmentand similar opportunities are avail-able to large segments of the publicthrough organizations of similarsize;

(iv) offered to a group or classthat is not defined in a mannerthat specifically discriminatesamong Government employees onthe basis of branch of Governmentor type of responsibility, or on abasis that favors those of higherrank or rate of pay;

(v) in the form of loans frombanks and other financial institu-tions on terms generally availableto the public; or

(vi) in the form of reduced mem-bership or other fees for participa-tion in organization activities of-fered to all Government employeesby professional organizations if theonly restrictions on membershiprelate to professional qualifica-tions.(S) A plaque, trophy, or other item

that is substantially commemorativein nature and that is intended forpresentation.

(T) Anything for which, in an un-usual case, a waiver is granted by theCommittee on Standards of OfficialConduct.

(U) Food or refreshments of a nomi-nal value offered other than as a partof a meal.

(V) Donations of products from thedistrict or State that the Member,Delegate, or Resident Commissionerrepresents that are intended pri-marily for promotional purposes,such as display or free distribution,and are of minimal value to any sin-gle recipient.

(W) An item of nominal value suchas a greeting card, baseball cap, or aT-shirt.(4)(A) A Member, Delegate, Resident

Commissioner, officer, or employee ofthe House may accept an offer of freeattendance at a widely attended con-vention, conference, symposium,forum, panel discussion, dinner, view-ing, reception, or similar event, pro-vided by the sponsor of the event, if-

(i) the Member, Delegate, ResidentCommissioner, officer, or employee


of the House participates in the eventas a speaker or a panel participant,by presenting information related toCongress or matters before Congress,or by performing a ceremonial func-tion appropriate to the official posi-tion of such individual; or

(ii) attendance at the event is ap-propriate to the performance of theofficial duties or representative func-tion of the Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House.(B) A Member, Delegate, Resident

Commissioner, officer, or employee ofthe House who attends an event de-scribed in subdivision (A) may accept asponsor's unsolicited offer of free at-tendance at the event for an accom-panying individual.

(C) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House, or the spouse or dependentthereof, may accept a sponsor's unso-licited offer of free attendance at acharity event, except that reimburse-ment for transportation and lodgingmay not be accepted in connectionwith the event unless-

(i) all of the net proceeds of theevent are for the benefit of an organi-zation described in section 501(c)(3) ofthe Internal Revenue Code of 1986 andexempt from taxation under section501(a) of such Code;

(ii) reimbursement for the trans-portation and lodging in connectionwith the event is paid by such organi-zation; and

(iii) the offer of free attendance atthe event is made by such organiza-tion.(D) In this paragraph the term "free

attendance" may include waiver of allor part of a conference or other fee, theprovision of local transportation, orthe provision of food, refreshments, en-tertainment, and instructional mate-rials furnished to all attendees as anintegral part of the event. The termdoes not include entertainment collat-eral to the event, nor does it includefood or refreshments taken other thanin a group setting with all or substan-tially all other attendees.

(5) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not accept a gift thevalue of which exceeds $250 on the basisof the personal friendship exception insubparagraph (3)(D) unless the Com-mittee on Standards of Official Con-duct issues a written determinationthat such exception applies. A deter-mination under this subparagraph isnot required for gifts given on the basisof the family relationship exception insubparagraph (3)(C).

(6) When it is not practicable to re-turn a tangible item because it is per-ishable, the item may, at the discre-tion of the recipient, be given to an ap-propriate charity or destroyed.

(b)(1)(A) A reimbursement (includingpayment in kind) to a Member, Dele-gate, Resident Commissioner, officer,or employee of the House for necessarytransportation, lodging, and related ex-

penses for travel to a meeting, speak-ing engagement, factfinding trip, orsimilar event in connection with theduties of such individual as an office-holder shall be considered as a reim-bursement to the House and not a giftprohibited by this clause when it isfrom a private source other than a reg-istered lobbyist or agent of a foreignprincipal or a private entity that re-tains or employs registered lobbyistsor agents of a foreign principal (exceptas provided in subdivision (C)), if theMember, Delegate, Resident Commis-sioner, officer, or employee-

(i) in the case of an employee, re-ceives advance authorization, fromthe Member, Delegate, ResidentCommissioner, or officer under whosedirect supervision the employeeworks, to accept reimbursement; and

(ii) discloses the expenses reim-bursed or to be reimbursed and theauthorization to the Clerk within 15days after the travel is completed.(B) For purposes of subdivision (A),

events, the activities of which are sub-stantially recreational in nature, arenot considered to be in connection withthe duties of a Member, Delegate, Resi-dent Commissioner, officer, or em-ployee of the House as an officeholder.

(C) A reimbursement (including pay-ment in kind) to a Member, Delegate,Resident Commissioner, officer, or em-ployee of the House for any purpose de-scribed in subdivision (A) also shall beconsidered as a reimbursement to theHouse and not a gift prohibited by thisclause (without regard to whether thesource retains or employs registeredlobbyists or agents of a foreign prin-cipal) if it is, under regulations pre-scribed by the Committee on Standardsof Official Conduct to implement thisprovision-

(i) directly from an institution ofhigher education within the meaningof section 101 of the Higher Edu-cation Act of 1965; or

(ii) provided only for attendance ator participation in a one-day event(exclusive of travel time and an over-night stay).

Regulations prescribed to implementthis provision may permit a two-nightstay when determined by the com-mittee on a case-by-case basis to bepractically required to participate inthe one-day event.

(2) Each advance authorization to ac-cept reimbursement shall be signed bythe Member, Delegate, Resident Com-missioner, or officer of the House underwhose direct supervision the employeeworks and shall include-

(A) the name of the employee;(B) the name of the person who will

make the reimbursement;(C) the time, place, and purpose of

the travel; and(D) a determination that the travel

is in connection with the duties ofthe employee as an officeholder andwould not create the appearance thatthe employee is using public officefor private gain.

(3) Each disclosure made under sub-paragraph (1)(A) shall be signed by theMember, Delegate, Resident Commis-sioner, or officer (in the case of travelby that Member, Delegate, ResidentCommissioner, or officer) or by theMember, Delegate, Resident Commis-sioner, or officer under whose direct su-pervision the employee works (in thecase of travel by an employee) andshall include-

(A) a good faith estimate of totaltransportation expenses reimbursedor to be reimbursed;

(B) a good faith estimate of totallodging expenses reimbursed or to bereimbursed;

(C) a good faith estimate of totalmeal expenses reimbursed or to be re-imbursed;

(D) a good faith estimate of thetotal of other expenses reimbursed orto be reimbursed;

(E) a determination that all suchexpenses are necessary transpor-tation, lodging, and related expensesas defined in subparagraph (4);

(F) a description of meetings andevents attended; and

(G) in the case of a reimbursementto a Member, Delegate, ResidentCommissioner, or officer, a deter-mination that the travel was in con-nection with the duties of such indi-vidual as an officeholder and wouldnot create the appearance that theMember, Delegate, Resident Commis-sioner, or officer is using public of-fice for private gain.(4) In this paragraph the term "nec-

essary transportation, lodging, and re-lated expenses"-

(A) includes reasonable expensesthat are necessary for travel for a pe-riod not exceeding four days withinthe United States or seven days ex-clusive of travel time outside of theUnited States unless approved in ad-vance by the Committee on Stand-ards of Official Conduct;

(B) is limited to reasonable expend-itures for transportation, lodging,conference fees and materials, andfood and refreshments, including re-imbursement for necessary transpor-tation, whether or not such transpor-tation occurs within the periods de-scribed in subdivision (A);

(C) does not include expendituresfor recreational activities, nor does itinclude entertainment other thanthat provided to all attendees as anintegral part of the event, except foractivities or entertainment otherwisepermissible under this clause; and

(D) may include travel expenses in-curred on behalf of a relative of theMember, Delegate, Resident Commis-sioner, officer, or employee.(5) The Clerk of the House shall make

all advance authorizations, certifi-cations, and disclosures filed pursuantto this paragraph available for publicinspection as soon as possible afterthey are received.

(c)(1)(A) Except as provided in sub-division (B), a Member, Delegate, Resi-dent Commissioner, officer, or em-

RULES OF THE

ployee of the House may not accept areimbursement (including payment inkind) for transportation, lodging, or re-lated expenses for a trip on which thetraveler is accompanied on any seg-ment by a registered lobbyist or agentof a foreign principal.

(B) Subdivision (A) does not apply toa trip for which the source of reim-bursement is an institution of highereducation within the meaning of sec-tion 101 of the Higher Education Act of1965.

(2) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not accept a reimburse-ment (including payment in kind) fortransportation, lodging, or related ex-penses under the exception in para-graph (b)(1)(C)(ii) of this clause for atrip that is financed in whole or in partby a private entity that retains or em-ploys registered lobbyists or agents ofa foreign principal unless any involve-ment of a registered lobbyist or agentof a foreign principal in the planning,organization, request, or arrangementof the trip is de minimis under rulesprescribed by the Committee on Stand-ards of Official Conduct to implementparagraph (b)(1)(C) of this clause.

(3) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House may not accept a reimburse-ment (including payment in kind) fortransportation, lodging, or related ex-penses for a trip (other than a trip per-mitted under paragraph (b)(1)(C) of thisclause) if such trip is in any partplanned, organized, requested, or ar-ranged by a registered lobbyist oragent of a foreign principal.

(d) A Member, Delegate, ResidentCommissioner, officer, or employee ofthe House shall, before accepting travelotherwise permissible under paragraph(b)(1) of this clause from any privatesource--

(1) provide to the Committee onStandards of Official Conduct beforesuch trip a written certificationsigned by the source or (in the case ofa corporate person) by an officer ofthe source-

(A) that the trip will not be fi-nanced in any part by a registeredlobbyist or agent of a foreign prin-cipal;

(B) that the source either-(i) does not retain or employ

registered lobbyists or agents of aforeign principal; or

(ii) is an institution of highereducation within the meaning ofsection 101 of the Higher Edu-cation Act of 1965; or

(iii) certifies that the tripmeets the requirements specifiedin rules prescribed by the Com-mittee on Standards of OfficialConduct to implement paragraph(b)(1)(C)(ii) of this clause and spe-cifically details the extent of anyinvolvement of a registered lob-byist or agent of a foreign prin-cipal in the planning, organiza-tion, request, or arrangement of

the trip considered to qualify asde minimis under such rules;(C) that the source will not ac-

cept from another source any fundsearmarked directly or indirectlyfor the purpose of financing any as-pect of the trip;

(D) that the traveler will not beaccompanied on any segment of thetrip by a registered lobbyist oragent of a foreign principal (exceptin the case of a trip for which thesource of reimbursement is an in-stitution of higher education with-in the meaning of section 101 of theHigher Education Act of 1965); and

(E) that (except as permitted inparagraph (b)(1)(C) of this clause)the trip will not in any part beplanned, organized, requested, orarranged by a registered lobbyist oragent of a foreign principal; and(2) after the Committee on Stand-

ards of Official Conduct has promul-gated the regulations mandated inparagraph (i)(1)(B) of this clause, ob-tain the prior approval of the com-mittee for such trip.(e) A gift prohibited by paragraph

(a)(1) includes the following:(1) Anything provided by a reg-

istered lobbyist or an agent of a for-eign principal to an entity that ismaintained or controlled by a Mem-ber, Delegate, Resident Commis-sioner, officer, or employee of theHouse.

(2) A charitable contribution (as de-fined in section 170(c) of the InternalRevenue Code of 1986) made by a reg-istered lobbyist or an agent of a for-eign principal on the basis of a des-ignation, recommendation, or otherspecification of a Member, Delegate,Resident Commissioner, officer, oremployee of the House (not includinga mass mailing or other solicitationdirected to a broad category of per-sons or entities), other than a chari-table contribution permitted by para-graph (f).

(3) A contribution or other pay-ment by a registered lobbyist or anagent of a foreign principal to a legalexpense fund established for the ben-efit of a Member, Delegate, ResidentCommissioner, officer, or employeeof the House.

(4) A financial contribution or ex-penditure made by a registered lob-byist or an agent of a foreign prin-cipal relating to a conference, re-treat, or similar event, sponsored byor affiliated with an official congres-sional organization, for or on behalfof Members, Delegates, the ResidentCommissioner, officers, or employeesof the House.(f)(1) A charitable contribution (as

defined in section 170(c) of the InternalRevenue Code of 1986) made by a reg-istered lobbyist or an agent of a foreignprincipal in lieu of an honorarium to aMember, Delegate, Resident Commis-sioner, officer, or employee of theHouse is not considered a gift underthis clause if it is reported as providedin subparagraph (2).

(2) A Member, Delegate, ResidentCommissioner, officer, or employeewho designates or recommends a con-tribution to a charitable organizationin lieu of an honorarium described insubparagraph (1) shall report within 30days after such designation or rec-ommendation to the Clerk-

(A) the name and address of theregistered lobbyist who is makingthe contribution in lieu of an hono-rarium;

(B) the date and amount of the con-tribution; and

(C) the name and address of thecharitable organization designated orrecommended by the Member, Dele-gate, or Resident Commissioner.

The Clerk shall make public informa-tion received under this subparagraphas soon as possible after it is received.

(g) In this clause-(1) the term "registered lobbyist"

means a lobbyist registered under theFederal Regulation of Lobbying Actor any successor statute;

(2) the term "agent of a foreignprincipal" means an agent of a for-eign principal registered under theForeign Agents Registration Act; and

(3) the terms "officer" and "em-ployee" have the same meanings asin rule XXIII.(h) All the provisions of this clause

shall be interpreted and enforced solelyby the Committee on Standards of Offi-cial Conduct. The Committee onStandards of Official Conduct is au-thorized to issue guidance on any mat-ter contained in this clause.

(i)(1) Not later than 45 days after thedate of adoption of this paragraph andat annual intervals thereafter, theCommittee on Standards of OfficialConduct shall develop and revise, asnecessary-

(A) guidelines on judging the rea-sonableness of an expense or expendi-ture for purposes of this clause, in-cluding the factors that tend to es-tablish-

(i) a connection between a tripand official duties;

(ii) the reasonableness of anamount spent by a sponsor;

(iii) a relationship between anevent and an officially connectedpurpose; and

(iv) a direct and immediate re-lationship between a source offunding and an event; and

(B) regulations describing the in-formation it will require individualssubject to this clause to submit tothe committee in order to obtain theprior approval of the committee forany travel covered by this clause, in-cluding any required certifications.(2) In developing and revising guide-

lines under subparagraph (1)(A), thecommittee shall take into account themaximum per diem rates for officialGovernment travel published annuallyby the General Services Administra-tion, the Department of State, and theDepartment of Defense.


Claims against the Government

6. A person may not be an officer oremployee of the House, or continue inits employment, if acting as an agentfor the prosecution of a claim againstthe Government or if interested in suchclaim, except as an original claimantor in the proper discharge of officialduties.

7. A Member, Delegate, or ResidentCommissioner shall prohibit all staffemployed by that Member, Delegate, orResident Commissioner (including staffin personal, committee, and leadershipoffices) from making any lobbying con-tact (as defined in section 3 of the Lob-bying Disclosure Act of 1995) with thatindividual's spouse if that spouse is alobbyist under the Lobbying DisclosureAct of 1995 or is employed or retainedby such a lobbyist for the purpose ofinfluencing legislation.

8. During the dates on which the na-tional political party to which a Mem-ber (including a Delegate or ResidentCommissioner) belongs holds its con-vention to nominate a candidate forthe office of President or Vice Presi-dent, the Member may not participatein an event honoring that Member,other than in the capacity as a can-didate for such office, if such event isdirectly paid for by a registered lob-byist under the Lobbying DisclosureAct of 1995 or a private entity that re-tains or employs such a registered lob-byist.

RULE XXVI

FINANCIAL DISCLOSURE

1. The Clerk shall send a copy of eachreport filed with the Clerk under titleI of the Ethics in Government Act of1978 within the seven-day period begin-ning on the date on which the report isfiled to the Committee on Standards ofOfficial Conduct. By August 1 of eachyear, the Clerk shall compile all suchreports sent to the Clerk by Memberswithin the period beginning on Janu-ary 1 and ending on June 15 of eachyear and have them printed as a Housedocument, which shall be made avail-able to the public.

2. For the purposes of this rule, theprovisions of title I of the Ethics inGovernment Act of 1978 shall be consid-ered Rules of the House as they pertainto Members, Delegates, the ResidentCommissioner, officers, and employeesof the House.

3. Members of the board of the Officeof Congressional Ethics shall file an-nual financial disclosure reports withthe Clerk of the House on or beforeMay 15 of each calendar year after anyyear in which they perform the dutiesof that position. Such reports shall beon a form prepared by the Clerk that issubstantially similar to form 450 of theOffice of Government Ethics. The Clerkshall send a copy of each such reportfiled with the Clerk within the seven-day period beginning on the date onwhich the report is filed to the Com-mittee on Standards of Official Con-duct and shall have them printed as a

House document and made available tothe public pursuant to clause 1.

[Pertinent provisions of Title I of theEthics in Government Act of 1978 (5U.S.C. App. §§ 101-111) follow:]

TITLE I-FINANCIAL DISCLOSURE

REQUIREMENTS OF FEDERAL PERSONNEL

Persons Required to FileSEC. 101. (a) Within thirty days of as-

suming the position of an officer or em-ployee described in subsection (f), anindividual shall file a report containingthe information described in section102(b) unless the individual has left an-other position described in subsection(f) within thirty days prior to assumingsuch new position or has already filed areport under this title with respect tonomination for the new position or as acandidate for the position. * * *

(c) Within thirty days of becoming acandidate as defined in section 301 ofthe Federal Campaign Act of 1971, in acalendar year for nomination or elec-tion to the office of President, VicePresident, or Member of Congress, oron or before May 15 of that calendaryear, whichever is later, but in noevent later than 30 days before theelection, and on or before May 15 ofeach successive year an individual con-tinues to be a candidate, an individualother than an incumbent President,Vice President, or Member of Congressshall file a report containing the infor-mation described in section 102(b). Not-withstanding the preceding sentence,in any calendar year in which an indi-vidual continues to be a candidate forany office but all elections for such of-fice relating to such candidacy wereheld in prior calendar years, such indi-vidual need not file a report unless hebecomes a candidate for another va-cancy in that office or another officeduring that year.

(d) Any individual who is an officeror employee described in subsection (f)during any calendar year and performsthe duties of his position or office for aperiod in excess of sixty days in thatcalendar year shall file on or beforeMay 15 of the succeeding year a reportcontaining the information describedin section 102(a).

(e) Any individual who occupies a po-sition described in subsection (f) shall,on or before the thirtieth day after ter-mination of employment in such posi-tion, file a report containing the infor-mation described in section 102(a) cov-ering the preceding calendar year if thereport required by subsection (d) hasnot been filed and covering the portionof the calendar year in which such ter-mination occurs up to the date the in-dividual left such office or position, un-less such individual has accepted em-ployment in another position describedin subsection (f).

(f) The officers and employees re-ferred to in subsections (a), (d), and (e)are- * * *

(9) a Member of Congress as definedunder section 109(12);

(10) an officer or employee of theCongress as defined under section109(13); * * *(g)(1) Reasonable extensions of time

for filing any report may be grantedunder procedures prescribed by the su-pervising ethics office for each branch,but the total of such extensions shallnot exceed ninety days. * * *

(h) The provisions of subsections (a),(b), and (e) shall not apply to an indi-vidual who, as determined by the des-ignated agency ethics official or Sec-retary concerned (or in the case of aPresidential appointee under sub-section (b), the Director of the Office ofGovernment Ethics), the congressionalethics committees, or the Judicial Con-ference, is not reasonably expected toperform the duties of his office or posi-tion for more than sixty days in a cal-endar year, except that if such indi-vidual performs the duties of his officeor position for more than sixty days ina calendar year-

(1) the report required by sub-sections (a) and (b) shall be filedwithin fifteen days of the sixtiethday, and

(2) the report required by sub-section (e) shall be filed as providedin such subsection.(i) The supervising ethics office for

each branch may grant a publiclyavailable request for a waiver of anyreporting requirement under this sec-tion for an individual who is expectedto perform or has performed the dutiesof his office or position less than onehundred and thirty days in a calendaryear, but only if the supervising ethicsoffice determines that-

(1) such individual is not a full-time employee of the Government,

(2) such individual is able to pro-vide services specially needed by theGovernment,

(3) it is unlikely that the individ-ual's outside employment or finan-cial interests will create a conflict ofinterest, and

(4) public financial disclosure bysuch individual is not necessary inthe circumstances.

Contents of ReportsSEC. 102. (a) Each report filed pursu-

ant to section 101 (d) and (e) shall in-clude a full and complete statementwith respect to the following:

(1)(A) The source, type, and amountor value of income (other than in-come referred to in subparagraph (B))from any source (other than fromcurrent employment by the UnitedStates Government), and the source,date, and amount of honoraria fromany source, received during the pre-ceding calendar year, aggregating$200 or more in value and, effectiveJanuary 1, 1991, the source, date, andamount of payments made to chari-table organizations in lieu of hono-raria, and the reporting individualshall simultaneously file with the ap-plicable supervising ethics office, ona confidential basis, a correspondinglist of recipients of all such pay-

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ments, together with the dates andamounts of such payments.

(B) The source and type of incomewhich consists of dividends, rents, in-terest, and capital gains, receivedduring the preceding calendar yearwhich exceeds $200 in amount orvalue, and an indication of which ofthe following categories the amountor value of such item of income iswithin:

(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, abrief description, and the value of allgifts aggregating more than theminimal value as established by sec-tion 7342(a)(5) of title 5, UnitedStates Code, or $250, whichever isgreater, received from any sourceother than a relative of the reportingindividual during the preceding cal-endar year, except that any food,lodging, or entertainment received aspersonal hospitality of an individualneed not be reported, and any giftwith a fair market value of $100 orless, as adjusted at the same timeand by the same percentage as theminimal value is adjusted, need notbe aggregated for purposes of thissubparagraph.

(B) The identity of the source and abrief description (including a travelitinerary, dates, and nature of ex-penses provided) of reimbursementsreceived from any source aggregatingmore than the minimal value as es-tablished by section 7342(a)(5) of title5, United States Code, or $250, which-ever is greater, and received duringthe preceding calendar year.

(C) In an unusual case, a gift neednot be aggregated under subpara-graph (A) if a publicly available re-quest for a waiver is granted.

(3) The identity and category ofvalue of any interest in property heldduring the preceding calendar year ina trade or business, or for investmentor the production of income, whichhas a fair market value which ex-ceeds $1,000 as of the close of the pre-ceding calendar year, excluding anypersonal liability owed to the report-ing individual by a spouse, or by aparent, brother, sister, or child of thereporting individual or of the report-ing individual's spouse, or any depos-its aggregating $5,000 or less in a per-sonal savings account. For purposesof this paragraph, a personal savingsaccount shall include any certificate

of deposit or any other form of de-posit in a bank, savings and loan as-sociation, credit union, or similar fi-nancial institution.

(4) The identity and category ofvalue of the total liabilities owed toany creditor other than a spouse, or aparent, brother, sister, or child of thereporting individual or of the report-ing individual's spouse which exceed$10,000 at any time during the pre-ceding calendar year, excluding--

(A) any mortgage secured by realproperty which is a personal resi-dence of the reporting individual orhis spouse; and

(B) any loan secured by a per-sonal motor vehicle, household fur-niture, or appliances, which loandoes not exceed the purchase priceof the item which secures it.

With respect to revolving charge ac-counts, only those with an out-standing liability which exceeds$10,000 as of the close of the precedingcalendar year need be reported underthis paragraph.

(5) Except as provided in this para-graph, a brief description, the date,and category of value of any pur-chase, sale or exchange during thepreceding calendar year exceeds$1,000--

(A) in real property, other thanproperty used solely as a personalresidence of the reporting indi-vidual or his spouse; or

(B) in stocks, bonds, commoditiesfutures, and other forms of securi-ties.

Reporting is not required under thisparagraph of any transaction solelyby and between the reporting indi-vidual, his spouse, or dependent chil-dren.

(6)(A) The identity of all positionsheld on or before the date of filingduring the current calendar year(and, for the first report filed by anindividual, during the two-year pe-riod preceding such calendar year) asan officer, director, trustee, partner,proprietor, representative, employee,or consultant of any corporation,company, firm, partnership, or otherbusiness enterprise, any nonprofit or-ganization, any labor organization,or any educational or other institu-tion other than the United States.This subparagraph shall not requirethe reporting of positions held in anyreligious, social, fraternal, or polit-ical entity and positions solely of anhonorary nature.

(B) If any person, other than theUnited States Government, paid anonelected reporting individual com-pensation in excess of $5,000 in any ofthe two calendar years prior to thecalendar year during which the indi-vidual files his first report under thistitle, the individual shall include inthe report-

(i) the identity of each source ofsuch compensation; and

(ii) a brief description of the na-ture of the duties performed or

services rendered by the reportingindividual for each such source.

The preceding sentence shall not re-quire any individual to include insuch report any information which isconsidered confidential as a result ofa privileged relationship, establishedby law, between such individual andany person nor shall it require an in-dividual to report any informationwith respect to any person for whomservices were provided by any firm orassociation of which such individualwas a member, partner, or employeeunless such individual was directlyinvolved in the provision of suchservices.

(7) A description of the date, par-ties to, and terms of any agreementor arrangement with respect to (A)future employment; (B) a leave of ab-sence during the period of the report-ing individual's Government service;(C) continuation of payments by aformer employer other than theUnited States Government; and (D)continuing participation in an em-ployee welfare or benefit plan main-tained by a former employer.

(8) The category of the total cashvalue of any interest of the reportingindividual in a qualified blind trust,unless the trust instrument was exe-cuted prior to July 24, 1995 and pre-cludes the beneficiary from receivinginformation on the total cash valueof any interest in the qualified blindtrust.(b)(1) Each report filed pursuant to

subsections (a), (b), and (c) of section101 shall include a full and completestatement with respect to the informa-tion required by-

(A) paragraph (1) of subsection (a)for the year of filing and the pre-ceding calendar year,

(B) paragraphs (3) and (4) of sub-section (a) as of the date specified inthe report but which is less than thir-ty-one days before the filing date,and

(C) paragraphs (6) and (7) of sub-section (a) as of the filing date butfor periods described in such para-graphs.(2)(A) In lieu of filling out one or

more schedules of a financial disclo-sure form, an individual may supplythe required information in an alter-native format, pursuant to either rulesadopted by the supervising ethics officefor the branch in which such individualserves or pursuant to a specific writtendetermination by such office for a re-porting individual.

(B) In lieu of indicating the categoryof amount or value of any item con-tained in any report filed under thistitle, a reporting individual may indi-cate the exact dollar amount of suchitem.

(c) In the case of any individual de-scribed in section 101(e), any referenceto the preceding calendar year shall beconsidered also to include that part ofthe calendar year of filing up to thedate of the termination of employ-ment.


(d)(1) The categories for reporting theamount or value of the items coveredin paragraphs (3), (4), (5), and (8) of sub-section (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 ofan interest in real property (or an in-terest in a real estate partnership) isnot ascertainable without an appraisal,an individual may list (A) the date ofpurchase and the purchase price of theinterest in the real property, or (B) theassessed value of the real property fortax purposes, adjusted to reflect themarket value of the property used forthe assessment if the assessed value iscomputed at less than 100 percent ofsuch market value, but such individualshall include in his report a full andcomplete description of the methodused to determine such assessed value,instead of specifying a category ofvalue pursuant to paragraph (1) of thissubsection. If the current value of anyother item required to be reportedunder paragraph (3) of subsection (a) isnot ascertainable without an appraisal,such individual may list the book valueof a corporation whose stock is notpublicly traded, the net worth of abusiness partnership, the equity valueof an individually owned business, orwith respect to other holdings, any rec-ognized indication of value, but suchindividual shall include in his report afull and complete description of themethod used in determining suchvalue. In lieu of any value referred toin the preceding sentence, an indi-vidual may list the assessed value ofthe item for tax purposes, adjusted toreflect the market value of the itemused for the assessment if the assessedvalue is computed at less than 100 per-cent of such market value, but a fulland complete description of the meth-od used in determining such assessedvalue shall be included in the report.

(e)(1) Except as provided in the lastsentence of this paragraph, each reportrequired by section 101 shall also con-tain information listed in paragraphs(1) through (5) of subsection (a) of thissection respecting the spouse or de-pendent child of the reporting indi-vidual as follows:

(A) The source of items of earnedincome earned by a spouse from anyperson which exceed $1,000 and thesource and amount of any honoraria

received by a spouse, except that,with respect to earned income (otherthan honoraria), if the spouse is self-employed in business or a profession,only the nature of such business orprofession need be reported.

(B) All information required to bereported in subsection (a)(1)(B) withrespect to income derived by a spouseor dependent child from any assetheld by the spouse or dependent childand reported pursuant to subsection(a)(3).

(C) In the case of any gifts receivedby a spouse or dependent child whichare not received totally independentof the relationship of the spouse ordependent child to the reporting indi-vidual, the identity of the source anda brief description of gifts of trans-portation, lodging, food, or entertain-ment and a brief description and thevalue of other gifts.

(D) In the case of any reimburse-ments received by a spouse or de-pendent child which are not receivedtotally independent of the relation-ship of the spouse or dependent childto the reporting individual, the iden-tity of the source and a brief descrip-tion of each such reimbursement.

(E) In the case of items described inparagraphs (3) through (5) of sub-section (a), all information requiredto be reported under these para-graphs other than items (i) which thereporting individual certifies rep-resent the spouse's or dependentchild's sole financial interest or re-sponsibility and which the reportingindividual has no knowledge of, (ii)which are not in any way, past orpresent, derived from the income, as-sets, or activities of the reporting in-dividual, and (iii) from which the re-porting individual neither derives,nor expects to derive, any financialor economic benefit.

(F) For purposes of this section,categories with amounts or valuesgreater than $1,000,000 set forth insections 102(a)(1)(B) and 102(d)(1)shall apply to the income, assets, orliabilities of spouses and dependentchildren only if the income, assets, orliabilities are held jointly with thereporting individual. All other in-come, assets, or liabilities of thespouse or dependent children re-quired to be reported under this sec-tion in an amount or value greaterthan $1,000,000 shall be categorizedonly as an amount or value greaterthan $1,000,000.

Reports required by subsections (a),(b), and (c) of section 101 shall, with re-spect to the spouse and dependent childof the reporting individual, only con-tain information listed in paragraphs(1), (3), and (4) of subsection (a), asspecified in this paragraph.

(2) No report shall be required withrespect to a spouse living separate andapart from the reporting individualwith the intention of terminating themarriage or providing for permanentseparation; or with respect to any in-come or obligations of an individual

arising from the dissolution of his mar-riage or the permanent separation fromhis spouse.

(f)(1) Except as provided in paragraph(2), each reporting individual shall re-port the information required to be re-ported pursuant to subsections (a), (b),and (c) of this section with respect tothe holdings of and the income from atrust or other financial arrangementfrom which income is received by, orwith respect to which a beneficial in-terest in principal or income is held by,such individual, his spouse, or any de-pendent child.

(2) A reporting individual need notreport the holdings of or the source ofincome from any of the holdings of-

(A) any qualified blind trust (as de-fined in paragraph (3));

(B) a trust-(i) which was not created directly

by such individual, his spouse, orany dependent child, and

(ii) the holdings or sources of in-come of which such individual, hisspouse, and any dependent childhave no knowledge of; or(C) an entity described under the

provisions of paragraph (8), but suchindividual shall report the categoryof the amount of income received byhim, his spouse, or any dependentchild from the trust or other entityunder subsection (a)(1)(B) of this sec-tion.(3) For purpose of this subsection, the

term "qualified blind trust" includesany trust in which a reporting indi-vidual, his spouse, or any minor or de-pendent child has a beneficial interestin the principal or income, and whichmeets the following requirements:

(A)(i) The trustee of the trust andany other entity designated in thetrust instrument to perform fidu-ciary duties is a financial institution,an attorney, a certified public ac-countant, a broker, or an investmentadvisor who-

(I) is independent of and not asso-ciated with any interested party sothat the trustee or other personcannot be controlled or influencedin the administration of the trustby any interested party;

(II) is not and has not been anemployee of or affiliated with anyinterested party and is not a part-ner of, or involved in any joint ven-ture or other investment with, anyinterested party; and

(III) is not a relative of any inter-ested party.(ii) Any officer or employee of a

trustee or other entity who is in-volved in the management or controlof the trust-

(I) is independent of and not asso-ciated with any interested party sothat such officer or employee can-not be controlled or influenced inthe administration of the trust byany interested party;

(II) is not a partner of, or in-volved in any joint venture orother investment with, any inter-ested party; and

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(III) is not a relative of any inter-ested party.(B) Any asset transferred to the

trust by an interested party is free ofany restriction with respect to itstransfer or sale unless such restric-tion is expressly approved by the su-pervising ethics office of the report-ing individual.

(C) The trust instrument which es-tablishes the trust provides that-

(i) except to the extent providedin subparagraph (B) of this para-graph, the trustee in the exercise ofhis authority and discretion tomanage and control the assets ofthe trust shall not consult or notifyany interested party;

(ii) the trust shall not containany asset the holding of which byan interested party is prohibited byany law or regulation;

(iii) the trustee shall promptlynotify the reporting individual andhis supervising ethics office whenthe holdings of any particular assettransferred to the trust by any in-terested party are disposed of orwhen the value of such holding isless than $1,000;

(iv) the trust tax return shall beprepared by the trustee or his des-ignee, and such return and any in-formation relating thereto (otherthan the trust income summarizedin appropriate categories necessaryto complete an interested party'stax return), shall not be disclosedto any interested party;

(v) an interested party shall notreceive any report on the holdingsand sources of income of the trust,except a report at the end of eachcalendar quarter with respect tothe total cash value of the interestof the interested party in the trustor the net income or loss of thetrust or any reports necessary toenable the interested party to com-plete an individual tax return re-quired by law or to provide the in-formation required by subsection(a)(1) of this section, but such re-port shall not identify any asset orholding;

(vi) except for communicationswhich solely consist of requests fordistributions of cash or other un-specified assets of the trust, thereshall be no direct or indirect com-munication between the trusteeand an interested party with re-spect to the trust unless such com-munication is in writing and unlessit relates only (I) to the general fi-nancial interest and needs of theinterested party (including, but notlimited to, an interest in maxi-mizing income or long-term capitalgain), (II) to the notification of thetrustee of a law or regulation sub-sequently applicable to the report-ing individual which prohibits theinterested party from holding anasset, which notification directsthat the asset not be held by thetrust, or (III) to directions to the

trustee to sell all of an asset ini-tially placed in the trust by an in-terested party which in the deter-mination of the reporting indi-vidual creates a conflict of interestor the appearance thereof due tothe subsequent assumption of du-ties by the reporting individual(but nothing herein shall requireany such direction); and

(vii) the interested parties shallmake no effort to obtain informa-tion with respect to the holdings ofthe trust, including obtaining acopy of any trust tax return filed orany information relating theretoexcept as otherwise provided in thissubsection.(D) The proposed trust instrument

and the proposed trustee is approvedby the reporting individual's super-vising ethics office.

(E) For purposes of this subsection,"interested party" means a reportingindividual, his spouse, and any minoror dependent child; "broker" has themeaning set forth in section 3(a)(4) ofthe Securities and Exchange Act of1934 (15 U.S.C. 78c(a)(4)); and "invest-ment adviser" includes any invest-ment adviser who, as determinedunder regulations prescribed by thesupervising ethics office, is generallyinvolved in his role as such an ad-viser in the management or controlof trusts.

(F) Any trust qualified by a super-vising ethics office before the effec-tive date of title II of the Ethics Re-form Act of 1989 shall continue to begoverned by the law and regulationsin effect immediately before such ef-fective date.(4)(A) An asset placed in a trust by an

interested party shall be considered afinancial interest of the reporting indi-vidual, for the purposes of any applica-ble conflict of interest statutes, regula-tions, or rules of the Federal Govern-ment (including section 208 of title 18,United States Code), until such time asthe reporting individual is notified bythe trustee that such asset has beendisposed of, or has a value of less than$1,000.

(B)(i) The provisions of subparagraph(A) shall not apply with respect to atrust created for the benefit of a re-porting individual, or the spouse, de-pendent child, or minor child of such aperson, if the supervising ethics officefor such reporting individual findsthat-

(I) the assets placed in the trustconsist of a well-diversified portfolioof readily marketable securities;

(II) none of the assets consist of se-curities of entities having substan-tial activities in the area of the re-porting individual's primary area ofresponsibility;

(III) the trust instrument prohibitsthe trustee, notwithstanding the pro-visions of paragraphs (3)(C) (iii) and(iv) of this subsection, from makingpublic or informing any interestedparty of the sale of any securities;

(IV) the trustee is given power ofattorney, notwithstanding the provi-sions of paragraph (3)(C)(v) of thissubsection, to prepare on behalf ofany interested party the personal in-come tax returns and similar returnswhich may contain information re-lating to the trust; and

(V) except as otherwise provided inthis paragraph, the trust instrumentprovides (or in the case of a trust es-tablished prior to the effective dateof this Act which by its terms doesnot permit amendment, the trustee,the reporting individual, and anyother interested party agree in writ-ing) that the trust shall be adminis-tered in accordance with the require-ments of this subsection and thetrustee of such trust meets the re-quirements of paragraph (3)(A). * * *(5)(A) The reporting individual shall,

within thirty days after a qualifiedblind trust is approved by his super-vising ethics office, file with such of-fice a copy of-

(i) the executed trust instrument ofsuch trust (other than those provi-sions which relate to the testa-mentary disposition of the trust as-sets), and

(ii) a list of the assets which weretransferred to such trust, includingthe category of value of each asset asdetermined under subsection (d) ofthis section.

This subparagraph shall not apply withrespect to a trust meeting the require-ments for being considered a qualifiedblind trust under paragraph (7) of thissubsection.

(B) The reporting individual shall,within thirty days of transferring anasset (other than cash) to a previouslyestablished qualified blind trust, notifyhis supervising ethics office of theidentity of each such asset and the cat-egory of value of each asset as deter-mined under subsection (d) of this sec-tion.

(C) Within thirty days of the dissolu-tion of a qualified blind trust, a report-ing individual shall-

(i) notify his supervising ethics of-fice of such dissolution, and

(ii) file with such office a copy of alist of the assets of the trust at thetime of such dissolution and the cat-egory of value under subsection (d) ofthis section of each such asset.(D) Documents filed under subpara-

graphs (A), (B), and (C) of this para-graph and the lists provided by thetrustee of assets placed in the trust byan interested party which have beensold shall be made available to the pub-lic in the same manner as a report ismade available under section 105 andthe provisions of that section shallapply with respect to such documentsand lists.

(E) A copy of each written commu-nication with respect to the trustunder paragraph (3)(C)(vi) shall be filedby the person initiating the commu-nication with the reporting individ-ual's supervising ethics office within


five days of the date of the communica-tion.

(6)(A) A trustee of a qualified blindtrust shall not knowingly and will-fully, or negligently, (i) disclose anyinformation to an interested partywith respect to such trust that maynot be disclosed under paragraph (3) ofthis subsection; (ii) acquire any hold-ing the ownership of which is prohib-ited by the trust instrument; (iii) so-licit advice from any interested partywith respect to such trust, which solic-itation is prohibited by paragraph (3) ofthis subsection or the trust agreement;or (iv) fail to file any document re-quired by this subsection.

(B) A reporting individual shall notknowingly and willfully, or neg-ligently, (i) solicit or receive any infor-mation with respect to a qualifiedblind trust of which he is an interestedparty that may not be disclosed underparagraph (3)(C) of this subsection or(ii) fail to file any document requiredby this subsection.

(C)(i) The Attorney General maybring a civil action in any appropriateUnited States district court againstany individual who knowingly and will-fully violates the provisions of sub-paragraph (A) or (B) of this paragraph.The court in which such action isbrought may assess against such indi-vidual a civil penalty in any amountnot to exceed $10,000.

(ii) The Attorney General may bringa civil action in any appropriateUnited States district court againstany individual who negligently vio-lates the provisions of subparagraph(A) or (B) of this paragraph. The courtin which such action is brought mayassess against such individual a civilpenalty in any amount not to exceed$5,000.

(7) Any trust may be considered to bea qualified blind trust if-

(A) the trust instrument is amend-ed to comply with the requirementsof paragraph (3) or, in the case of atrust instrument which does not byits terms permit amendment, thetrustee, the reporting individual, andany other interested party agree inwriting that the trust shall be ad-ministered in accordance with the re-quirements of this subsection and thetrustee of such trust meets the re-quirements of paragraph (3)(A); ex-cept that in the case of any inter-ested party who is a dependent child,a parent or guardian of such childmay execute the agreement referredto in this subparagraph;

(B) a copy of the trust instrument(except testamentary provisions) anda copy of the agreement referred toin subparagraph (A), and a list of theassets held by the trust at the timeof approval by the supervising ethicsoffice, including the category ofvalue of each asset as determinedunder subsection (d) of this section,are filed with such office and madeavailable to the public as providedunder paragraph (5)(D) of this sub-section; and

(C) the supervising ethics office de-termines that approval of the trustarrangement as a qualified blindtrust is in the particular case appro-priate to assure compliance with ap-plicable laws and regulations.(8) A reporting individual shall not be

required to report the financial inter-ests held by a widely held investmentfund (whether such fund is a mutualfund, 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 wide-

ly diversified; and(B) the reporting individual neither

exercises control over nor has theability to exercise control over thefinancial interests held by the fund.(g) Political campaign funds, includ-

ing campaign receipts and expendi-tures, need not be included in any re-port filed pursuant to this title.

(h) A report filed pursuant to sub-section (a), (d), or (e) of section 101need not contain the information de-scribed in subparagraphs (A), (B), and(C) of subsection (a)(2) with respect togifts and reimbursements received in aperiod when the reporting individualwas not an officer or employee of theFederal Government.

(i) A reporting individual shall not berequired under this title to report--

(1) financial interests in or incomederived from--

(A) any retirement system undertitle 5, United States Code (includ-ing the Thrift Savings Plan undersubchapter III of chapter 84 of suchtitle); or

(B) any other retirement systemmaintained by the United Statesfor officers or employees of theUnited States, including the Presi-dent, or for members of the uni-formed services; or(2) benefits received under the So-

cial Security Act.

Filing of ReportsSEC. 103. (a) Except as otherwise pro-

vided in this section, the reports re-quired under this title shall be filed bythe reporting individual with the des-ignated agency ethics official at theagency by which he is employed (or inthe case of an individual described insection 101(e), was employed) or inwhich he will serve. The date any re-port is received (and the date of receiptof any supplemental report) shall benoted on such report by such offi-cial. * * *

(g) Each supervising Ethics Officeshall develop and make available formsfor reporting the information requiredby this title.

(h)(1) The reports required under thistitle shall be filed by a reporting indi-vidual with--

(A)(i)(I) the Clerk of the House ofRepresentatives, in the case of a Rep-resentative in Congress, a Delegateto Congress, the Resident Commis-sioner from Puerto Rico, an officer oremployee of the Congress whose com-

pensation is disbursed by the Clerk ofthe House of Representatives, an offi-cer or employee of the Architect ofthe Capitol, United States CapitolPolice, the United States BotanicGarden, the Congressional Budget Of-fice, the Government Printing Office,the Library of Congress, or the Copy-right Royalty Tribunal (includingany individual terminating service,under section 101(e), in any office orposition referred to in this sub-clause), or an individual described insection 101(c) who is a candidate fornomination or election as a Rep-resentative in Congress, a Delegateto Congress, or the Resident Commis-sioner from Puerto Rico; * * *

(ii) in the case of an officer or em-ployee of the Congress as describedunder section 101(f)(10) who is em-ployed by an agency or commissionestablished in the legislative branchafter the date of the enactment ofthe Ethics Reform Act of 1989-

(I) the Secretary of the Senate orthe Clerk of the House of Rep-resentatives, as the case may be, asdesignated in the statute estab-lishing such agency or commission;or

(II) if such statute does not des-ignate such committee, the Sec-retary of the Senate for agenciesand commissions established ineven numbered calendar years, andthe Clerk of the House of Rep-resentatives for agencies and com-missions established in odd num-bered calendar years; * * *

(2) The date any report is received(and the date of receipt of any supple-mental report) shall be noted on suchreport by such committee.

(i) A copy of each report filed underthis title by a Member or an individualwho is a candidate for the office ofMember shall be sent by the Clerk ofthe House of Representatives or Sec-retary of the Senate, as the case maybe, to the appropriate State officer des-ignated under section 316(a) of the Fed-eral Election Campaign Act of 1971 ofthe State represented by the Memberor in which the individual is a can-didate, as the case may be, within the30-day period beginning on the day thereport is filed with the Clerk or Sec-retary.

(j)(1) A copy of each report filedunder this title with the Clerk of theHouse of Representatives shall be sentby the Clerk to the Committee onStandards of Official Conduct of theHouse of Representatives within the 7-day period beginning on the day the re-port is filed. * * *

(k) In carrying out their responsibil-ities under this title with respect tocandidates for office, the Clerk of theHouse of Representatives and the Sec-retary of the Senate shall avail them-selves of the assistance of the FederalElection Commission. The Commissionshall make available to the Clerk andthe Secretary on a regular basis a com-plete list of names and addresses of allcandidates registered with the Com-

RULES OF THE

mission, and shall cooperate and co-ordinate its candidate information andnotification program with the Clerkand the Secretary to the greatest ex-tent possible.Failure to File or Filing False Reports

SEC. 104. (a) The Attorney Generalmay bring a civil action in any appro-priate United States district courtagainst any individual who knowinglyand willfully falsifies or who know-ingly and willfully fails to file or re-port any information that such indi-vidual is required to report pursuant tosection 102. The court in which such ac-tion is brought may assess against suchindividual a civil penalty in anyamount, not to exceed $10,000.

(b) The head of each agency, eachSecretary concerned, the Director ofthe Office of Government Ethics, eachcongressional ethics committee, or theJudicial Conference, as the case maybe, shall refer to the Attorney Generalthe name of any individual which suchofficial or committee has reasonablecause to believe has willfully failed tofile a report or has willfully falsified orwillfully failed to file information re-quired to be reported.

(c) The President, the Vice President,the Secretary concerned, the head ofeach agency, the Office of PersonnelManagement, a congressional ethicscommittee, and the Judicial Con-ference of the United States, may takeany appropriate personnel or other ac-tion in accordance with applicable lawor regulation against any individualfailing to file a report or falsifying orfailing to report information requiredto be reported.

(d)(1) Any individual who files a re-port required to be filed under thistitle more than 30 days after the laterof-

(A) the date such report is requiredto be filed pursuant to the provisionsof this title and the rules and regula-tions promulgated thereunder; or

(B) if a filing extension is grantedto such individual under section101(g), the last day of the filing ex-tension period, shall, at the directionof and pursuant to regulations issuedby the supervising ethics office, pay afiling fee of $200. All such fees shallbe deposited in the miscellaneous re-ceipts of the Treasury. The authorityunder this paragraph to direct thepayment of a filing fee may be dele-gated by the supervising ethics officein the executive branch to otheragencies in the executive branch.(2) The supervising ethics office may

waive the filing fee under this sub-section in extraordinary cir-cumstances.

Custody of and Public Access toReports

SEC. 105. (a) Each agency, each super-vising ethics office in the executive orjudicial branch, the Clerk of the Houseof Representatives, and the Secretaryof the Senate shall make available tothe public, in accordance with sub-section (b), each report filed under this

title with such agency or office or withthe Clerk or the Secretary of the Sen-ate. * * *

(b)(1) Except as provided in the sec-ond sentence of this subsection, eachagency, each supervising ethics officein the executive or judicial branch, theClerk of the House of Representatives,and the Secretary of the Senate shall,within thirty days after any report isreceived under this title by such agen-cy or office or by the Clerk or the Sec-retary of the Senate, as the case maybe, permit inspection of such report byor furnish a copy of such report to anyperson requesting such inspection orcopy. With respect to any report re-quired to be filed by May 15 of anyyear, such report shall be made avail-able for public inspection within 30 cal-endar days after May 15 of such year orwithin 30 days of the date of filing ofsuch a report for which an extension isgranted pursuant to section 101(g). Theagency, office, Clerk, or Secretary ofthe Senate, as the case may be may re-quire a reasonable fee to be paid in anyamount which is found necessary to re-cover the cost of reproduction or mail-ing of such report excluding any salaryof any employee involved in such re-production or mailing. A copy of suchreport may be furnished withoutcharge or at a reduced charge if it isdetermined that waiver or reduction ofthe fee is in the public interest.

(2) Notwithstanding paragraph (1), areport may not be made availableunder this section to any person normay any copy thereof be providedunder this section to any person exceptupon a written application by such per-son stating--

(A) that person's name, occupationand address;

(B) the name and address of anyother person or organization onwhose behalf the inspection or copyis requested; and

(C) that such person is aware of theprohibitions on the obtaining or useof the report.

Any such application shall be madeavailable to the public throughout theperiod during which the report is madeavailable to the public.

(3)(A) This section does not requirethe immediate and unconditionalavailability of reports filed by an indi-vidual described in section 109(8) or109(10) of this Act if a finding is madeby the Judicial Conference, in con-sultation with United States MarshallService, that revealing personal andsensitive information could endangerthat individual.(B) A report may be redacted pursu-

ant to this paragraph only--(i) to the extent necessary to pro-

tect the individual who filed the re-port; and

(ii) for as long as the danger tosuch individual exists.(C) The Administrative Office of the

United States Courts shall submit tothe Committees on the Judiciary of theHouse of Representatives and of theSenate an annual report with respect

to the operation of this paragraph in-cluding--

(i) the total number of reports re-dacted pursuant to this paragraph;

(ii) the total number of individualswhose reports have been redactedpursuant to this paragraph; and

(iii) the types of threats against in-dividuals whose reports are redacted,if appropriate.(D) The Judicial Conference, in con-

sultation with the Department of Jus-tice, shall issue regulations settingforth the circumstances under whichredaction is appropriate under thisparagraph and the procedures for re-daction.

(E) This paragraph shall expire onDecember 31, 2005, and apply to filingsthrough calendar year 2005.

(c)(1) It shall be unlawful for any per-son to obtain or use a report-

(A) for any unlawful purpose;(B) for any commercial purpose,

other than by news and communica-tions media for dissemination to thegeneral public;

(C) for determining or establishingthe credit rating of any individual; or

(D) for use, directly or indirectly,in the solicitation of money for anypolitical, charitable, or other pur-pose.(2) The Attorney General may bring a

civil action against any person who ob-tains or uses a report for any purposeprohibited in paragraph (1) of this sub-section. The court in which such actionis brought may assess against such per-son a penalty in any amount not to ex-ceed $10,000. Such remedy shall be inaddition to any other remedy availableunder statutory or common law.

(d) Any report filed with or trans-mitted to an agency or supervising eth-ics office or to the Clerk of the Houseof Representatives or the Secretary ofthe Senate pursuant to this title shallbe retained by such agency or office orby the Clerk or the Secretary of theSenate, as the case may be. Such re-port shall be made available to thepublic for a period of six years after re-ceipt of the report. After such six-yearperiod the report shall be destroyed un-less needed in an ongoing investiga-tion, except that in the case of an indi-vidual who filed the report pursuant tosection 101(b) and was not subsequentlyconfirmed by the Senate, or who filedthe report pursuant to section 101(c)and was not subsequently elected, suchreports shall be destroyed one yearafter the individual either is no longerunder consideration by the Senate or isno longer a candidate for nominationor election to the Office of President,Vice President, or as a Member of Con-gress, unless needed in an ongoing in-vestigation.

Review of ReportsSEC. 106. (a)(1) Each designated agency

ethics official or Secretary concernedshall make provisions to ensure thateach report filed with him under thistitle is reviewed within sixty days afterthe date of such filing, except that the


Director of the Office of GovernmentEthics shall review only those reportsrequired to be transmitted to himunder this title within sixty days afterthe date of transmittal.

(2) Each congressional ethics com-mittee and the Judicial Conferenceshall make provisions to ensure thateach report filed under this title is re-viewed within sixty days after the dateof such filing.

(b)(1) If after reviewing any reportunder subsection (a), the Director ofthe Office of Government Ethics, theSecretary concerned, the designatedagency ethics official, a person des-ignated by the congressional ethicscommittee, or a person designated bythe Judicial Conference, as the casemay be, is of the opinion that on thebasis of information contained in suchreport the individual submitting suchreport is in compliance with applicablelaws and regulations, he shall statesuch opinion on the report, and shallsign such report.

(2) If the Director of the Office ofGovernment Ethics, the Secretary con-cerned, the designated agency ethicsofficial, a person designated by thecongressional ethics committee, or aperson designated by the Judicial Con-ference, after reviewing any reportunder subsection (a)-

(A) believes additional informationis required to be submitted, he shallnotify the individual submitting suchreport what additional information isrequired and the time by which itmust be submitted, or

(B) is of the opinion, on the basis ofinformation submitted, that the indi-vidual is not in compliance with ap-plicable laws and regulations, heshall notify the individual, afford areasonable opportunity for a writtenor oral response, and after consider-ation of such response, reach an opin-ion as to whether or not, on the basisof information submitted, the indi-vidual is in compliance with suchlaws and regulations.(3) If the Director of the Office of

Government Ethics, the Secretary con-cerned, the designated agency ethicsofficial, a person designated by a con-gressional ethics committee, or a per-son designated by the Judicial Con-ference, reaches an opinion under para-graph (2)(B) that an individual is not incompliance with applicable laws andregulations, the official or committeeshall notify the individual of that opin-ion and, after an opportunity for per-sonal consultation (if practicable), de-termine and notify the individual ofwhich steps, if any, would in the opin-ion of such official or committee be ap-propriate for assuring compliance withsuch laws and regulations and the dateby which such steps should be taken.Such steps may include, as appro-priate-

(A) divestiture,(B) restitution,(C) the establishment of a blind

trust,

(D) request for an exemption undersection 208(b) of title 18, UnitedStates Code, or

(E) voluntary request for transfer,reassignment, limitation of duties, orresignation.

The use of any such steps shall be inaccordance with such rules or regula-tions as the supervising ethics officemay prescribe.

(4) If steps for assuring compliancewith applicable laws and regulationsare not taken by the date set underparagraph (3) by an individual in a po-sition in the executive branch (otherthan in the Foreign Service or the uni-formed services), appointment to whichrequires the advice and consent of theSenate, the matter shall be referred tothe President for appropriate action.

(5) If steps for assuring compliancewith applicable laws and regulationsare not taken by the date set underparagraph (3) by a member of the For-eign Service or the uniformed services,the Secretary concerned shall take ap-propriate action.

(6) If steps for assuring compliancewith applicable laws and regulationsare not taken by the date set underparagraph (3) by any other officer oremployee, the matter shall be referredto the head of the appropriate agency,the congressional ethics committee, orthe Judicial Conference, for appro-priate action; except that in the case ofthe Postmaster General or DeputyPostmaster General, the Director ofthe Office of Government Ethics shallrecommend to the Governors of theBoard of Governors of the UnitedStates Postal Service the action to betaken.

(7) Each supervising ethics officemay render advisory opinions inter-preting this title within its respectivejurisdiction. Notwithstanding anyother provision of law, the individualto whom a public advisory opinion isrendered in accordance with this para-graph, and any other individual cov-ered by this title who is involved in afact situation which is indistinguish-able in all material aspects, and whoacts in good faith in accordance withthe provisions and findings of such ad-visory opinion shall not, as a result ofsuch act, be subject to any penalty orsanction provided by this title.

Confidential Reports and OtherAdditional Requirements

SEC. 107. (a)(1) Each supervising ethicsoffice may require officers and employ-ees under its jurisdiction (includingspecial Government employees as de-fined in section 202 of title 18, UnitedStates Code) to file confidential finan-cial disclosure reports, in such form asthe supervising ethics office may pre-scribe. The information required to bereported under this subsection by theofficers and employees of any depart-ment or agency shall be set forth inrules or regulations prescribed by thesupervising ethics office, and may beless extensive than otherwise requiredby this title, or more extensive when

determined by the supervising ethicsoffice to be necessary and appropriatein light of sections 202 through 209 oftitle 18, United States Code, regula-tions promulgated thereunder, or theauthorized activities of such officers oremployees. Any individual required tofile a report pursuant to section 101shall not be required to file a confiden-tial report pursuant to this subsection,except with respect to informationwhich is more extensive than informa-tion otherwise required by this title.Subsections (a), (b), and (d) of section105 shall not apply with respect to anysuch report.

(2) Any information required to beprovided by an individual under thissubsection shall be confidential andshall not be disclosed to the public.

(3) Nothing in this subsection ex-empts any individual otherwise coveredby the requirement to file a public fi-nancial disclosure report under thistitle from such requirement.

(b) The provisions of this title requir-ing the reporting of information shallsupersede any general requirementunder any other provision of law orregulation with respect to the report-ing of information required for pur-poses of preventing conflicts of interestor apparent conflicts of interest. Suchprovisions of this title shall not super-sede the requirements of section 7342 oftitle 5, United States Code.

(c) Nothing in this Act requiring re-porting of information shall be deemedto authorize the receipt of income,gifts, or reimbursements; the holdingof assets, liabilities, or positions; orthe participation in transactions thatare prohibited by law, Executive order,rule, or regulation.

Authority of Comptroller GeneralSEC. 108. (a) The Comptroller General

shall have access to financial disclo-sure reports filed under this title forthe purposes of carrying out his statu-tory responsibilities.

(b) No later than December 31, 1992,and regularly thereafter, the Comp-troller General shall conduct a studyto determine whether the provisions ofthis title are being carried out effec-tively.

DefinitionsSEC. 109. For the purposes of this title,

the term-(1) "congressional ethics commit-

tees" means the Select Committeeon Ethics of the Senate and the Com-mittee on Standards of Official Con-duct of the House of Representatives;

(2) "dependent child" means, whenused with respect to any reportingindividual, any individual who is ason, daughter, stepson, or step-daughter and who-

(A) is unmarried and under age 21and is living in the household ofsuch reporting individual; or

(B) is a dependent of such report-ing individual within the meaningof section 152 of the Internal Rev-enue Code of 1986;

RULES OF THE

(3) "designated agency ethics offi-cial" means an officer or employeewho is designated to administer theprovisions of this title within anagency; * * *

(5) "gift" means a payment, ad-vance, forbearance, rendering, or de-posit of money, or any thing of value,unless consideration of equal orgreater value is received by thedonor, but does not include-

(A) bequest and other forms of in-heritance;

(B) suitable mementos of a func-tion honoring the reporting indi-vidual;

(C) food, lodging, transportation,and entertainment provided by aforeign government within a for-eign country or by the UnitedStates Government, the District ofColumbia, or a State or local gov-ernment or political subdivisionthereof;

(D) food and beverages which arenot consumed in connection with agift of overnight lodging;

(E) communications to the officesof a reporting individual, includingsubscriptions to newspapers andperiodicals; or

(F) consumable products providedby home-State businesses to the of-fices of a reporting individual whois an elected official, if those prod-ucts are intended for consumptionby persons other than such report-ing individual;(6) "honoraria" has the meaning

given such term in section 505 of thisAct;

(7) "income" means all incomefrom whatever source derived, includ-ing but not limited to the followingitems: compensation for services, in-cluding fees, commissions, and simi-lar items; gross income derived frombusiness (and net income if the indi-vidual elects to include it); gains de-rived from dealings in property; in-terest; rents; royalties; dividends; an-nuities; income from life insuranceand endowment contracts; pensions;income from discharge of indebted-ness; distributive share of partner-ship income; and income from an in-terest in an estate or trust; * * *

(11) "legislative branch" includes-(A) the Architect of the Capitol;(B) the Botanic Gardens;(C) the Congressional Budget Of-

fice;(D) the Government Account-

ability Office;(E) the Government Printing Of-

fice;(F) the Library of Congress;(G) the United States Capitol Po-

lice;(H) the Office of Technology As-

sessment; and(I) any other agency, entity, of-

fice, or commission established inthe legislative branch;(12) "Member of Congress" means a

United States Senator, a Representa-

tive in Congress, a Delegate to Con-gress, or the Resident Commissionerfrom Puerto Rico;

(13) "officer or employee of theCongress" means-

(A) any individual describedunder subparagraph (B), other thana Member of Congress or the VicePresident, whose compensation isdisbursed by the Secretary of theSenate or the Clerk of the House ofRepresentatives;

(B)(i) each officer or employee ofthe legislative branch who, for atleast 60 days, occupies a positionfor which the rate of basic pay isequal to or greater than 120 percentof the minimum rate of basic paypayable for GS-15 of the GeneralSchedule; and

(ii) at least one principal assist-ant designated for purposes of thisparagraph by each Member whodoes not have an employee who oc-cupies a position for which the rateof basic pay is equal to or greaterthan 120 percent of the minimumrate of basic pay payable for GS-15of the General Schedule;(14) "personal hospitality of any in-

dividual" means hospitality extendedfor a nonbusiness purpose by an indi-vidual, not a corporation or organiza-tion, at the personal residence ofthat individual or his family or onproperty or facilities owned by thatindividual or his family;

(15) "reimbursement" means anypayment or other thing of value re-ceived by the reporting individual,other than gifts, to cover travel-re-lated expenses of such individualother than those which are-

(A) provided by the United StatesGovernment, the District of Colum-bia, or a State or local governmentor political subdivision thereof;

(B) required to be reported by thereporting individual under section7342 of title 5, United States Code;or

(C) required to be reported undersection 304 of the Federal ElectionCampaign Act of 1971 (2 U.S.C. 434);(16) "relative" means an individual

who is related to the reporting indi-vidual, as father, mother, son, daugh-ter, brother, sister, uncle, aunt, greataunt, great uncle, first cousin, neph-ew, niece, husband, wife, grandfather,grandmother, grandson, grand-daughter, father-in-law, mother-in-law, son-in-law, daughter-in-law,brother-in-law, sister-in-law, step-father, stepmother, stepson, step-daughter, stepbrother, stepsister,half brother, half sister, or who is thegrandfather or grandmother of thespouse of the reporting individual,and shall be deemed to include the fi-ance or fiancee of the reporting indi-vidual; * * *

(18) "supervising ethics office"means-

(A) the Senate Committee onEthics of the Senate, for Senators,officers and employees of the Sen-

ate, and other officers or employeesof the legislative branch requiredto file financial disclosure reportswith the Secretary of the Senatepursuant to section 103(h) of thistitle;

(B) the Committee on Standardsof Official Conduct of the House ofRepresentatives, for Members, offi-cers and employees of the House ofRepresentatives and other officersor employees of the legislativebranch required to file financialdisclosure reports with the Clerk ofthe House of Representatives pur-suant to section 103(h) of this title;

(C) the Judicial Conference forjudicial officers and judicial em-ployees; and

(D) the Office of Government Eth-ics for all executive branch officersand employees; and(19) "value" means a good faith es-

timate of the dollar value if the exactvalue is neither known nor easily ob-tainable by the reporting individual.

Notice of Actions Taken to Comply withEthics Agreements

SEC. 110. (a) In any case in which anindividual agrees with that individual'sdesignated agency ethics official, theOffice of Government Ethics, a Senateconfirmation committee, a congres-sional ethics committee, or the Judi-cial Conference, to take any action tocomply with this Act or any other lawor regulation governing conflicts of in-terest of, or establishing standards ofconduct applicable with respect to, of-ficers or employees of the Government,that individual shall notify in writingthe designated agency ethics official,the Office of Government Ethics, theappropriate committee of the Senate,the congressional ethics committee, orthe Judicial Conference, as the casemay be, of any action taken by the in-dividual pursuant to that agreement.Such notification shall be made notlater than the date specified in theagreement by which action by the indi-vidual must be taken, or not later thanthree months after the date of theagreement, if no date for action is sospecified.

(b) If an agreement described in sub-section (a) requires that the individualrecuse himself or herself from par-ticular categories of agency or otherofficial action, the individual shall re-duce to writing those subjects regard-ing which the recusal agreement willapply and the process by which it willbe determined whether the individualmust recuse himself or herself in a spe-cific instance. An individual shall beconsidered to have complied with therequirements of subsection (a) with re-spect to such recusal agreement if suchindividual files a copy of the documentsetting forth the information describedin the preceding sentence with such in-dividual's designated agency ethics of-ficial or the appropriate supervisingethics office within the time prescribedin the last sentence of subsection (a).


Administration of ProvisionsSEC. 111. The provisions of this title

shall be administered by * * *(2) the Select Committee on Ethics

of the Senate and the Committee onStandards of Official Conduct of theHouse of Representatives, as appro-priate, with regard to officers andemployees described in paragraphs (9)and (10) of section 101(f). * * *

RULE XXVII

DISCLOSURE BY MEMBERS AND STAFF OF

EMPLOYMENT NEGOTIATIONS

1. A Member, Delegate, or ResidentCommissioner shall not directly nego-tiate or have any agreement of futureemployment or compensation unlesssuch Member, Delegate, or ResidentCommissioner, within 3 business daysafter the commencement of such nego-tiation or agreement of future employ-ment or compensation, files with theCommittee on Standards of OfficialConduct a statement, which must besigned by the Member, Delegate, orResident Commissioner, regarding suchnegotiations or agreement, includingthe name of the private entity or enti-ties involved in such negotiations oragreement, and the date such negotia-tions or agreement commenced.

2. An officer or an employee of theHouse earning in excess of 75 percent ofthe salary paid to a Member shall no-tify the Committee on Standards of Of-ficial Conduct that such individual isnegotiating or has any agreement offuture employment or compensation.

3. The disclosure and notificationunder this rule shall be made within 3business days after the commencementof such negotiation or agreement of fu-ture employment or compensation.

4. A Member, Delegate, or ResidentCommissioner, and an officer or em-ployee to whom this rule applies, shallrecuse himself or herself from any mat-ter in which there is a conflict of inter-est or an appearance of a conflict forthat Member, Delegate, Resident Com-missioner, officer, or employee underthis rule and shall notify the Com-mittee on Standards of Official Con-duct of such recusal. A Member, Dele-gate, or Resident Commissioner mak-ing such recusal shall, upon suchrecusal, submit to the Clerk for publicdisclosure the statement of disclosure

under clause 1 with respect to whichthe recusal was made.

RULE XXVIII

STATUTORY LIMIT ON PUBLIC DEBT

1. Upon adoption by Congress of aconcurrent resolution on the budgetunder section 301 or 304 of the Congressional Budget Act of 1974 that setsforth, as the appropriate level of thepublic debt for the period to which theconcurrent resolution relates, anamount that is different from theamount of the statutory limit on thepublic debt that otherwise would be ineffect for that period, the Clerk shallprepare an engrossment of a joint reso-lution increasing or decreasing, as thecase may be, the statutory limit on thepublic debt in the form prescribed inclause 2. Upon engrossment of the jointresolution, the vote by which the con-current resolution on the budget wasfinally agreed to in the House shallalso be considered as a vote on passageof the joint resolution in the House,and the joint resolution shall be con-sidered as passed by the House andduly certified and examined. The en-grossed copy shall be signed by theClerk and transmitted to the Senatefor further legislative action.

2. The matter after the resolvingclause in a joint resolution described inclause 1 shall be as follows: "That sub-section (b) of section 3101 of title 31,United States Code, is amended bystriking out the dollar limitation con-tained in such subsection and insertingin lieu thereof '$ '." with theblank being filled with a dollar limita-tion equal to the appropriate level ofthe public debt set forth pursuant tosection 301(a)(5) of the CongressionalBudget Act of 1974 in the relevant con-current resolution described in clause1. If an adopted concurrent resolutionunder clause 1 sets forth different ap-propriate levels of the public debt forseparate periods, only one engrossedjoint resolution shall be prepared underclause 1; and the blank referred to inthe preceding sentence shall be filledwith the limitation that is to apply foreach period.

3. (a) The report of the Committee onthe Budget on a concurrent resolutiondescribed in clause 1 and the joint ex-planatory statement of the managers

on a conference report to accompanysuch a concurrent resolution each shallcontain a clear statement of the effectthe eventual enactment of a joint reso-lution engrossed under this rule wouldhave on the statutory limit on the pub-lic debt.

(b) It shall not be in order for theHouse to consider a concurrent resolu-tion described in clause 1, or a con-ference report thereon, unless the re-port of the Committee on the Budgetor the joint explanatory statement ofthe managers complies with paragraph(a).

4. Nothing in this rule shall be con-strued as limiting or otherwise affect-ing-

(a) the power of the House or theSenate to consider and pass bills orjoint resolutions, without regard tothe procedures under clause 1, thatwould change the statutory limit onthe public debt; or

(b) the rights of Members, Dele-gates, the Resident Commissioner, orcommittees with respect to the intro-duction, consideration, and reportingof such bills or joint resolutions.5. In this rule the term "statutory

limit on the public debt" means themaximum face amount of obligationsissued under authority of chapter 31 oftitle 31, United States Code, and obli-gations guaranteed as to principal andinterest by the United States (exceptsuch guaranteed obligations as may beheld by the Secretary of the Treasury),as determined under section 3101(b) ofsuch title after the application of sec-tion 3101(a) of such title, that may beoutstanding at any one time.

RULE XXIX

GENERAL PROVISIONS

1. The provisions of law that con-stituted the Rules of the House at theend of the previous Congress shall gov-ern the House in all cases to whichthey are applicable, and the rules ofparliamentary practice comprised byJefferson's Manual shall govern theHouse in all cases to which they are ap-plicable and in which they are not in-consistent with the Rules and orders ofthe House.

2. In these rules words importing onegender include the other as well.