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RULES

of the

HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS

PREPARED BY

Karen L. Haas
Clerk of the House of Representatives
JANUARY 11, 2019

(Rev. 1–11–19)

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CONTENTS

Page
RULE I.— The Speaker 1
II.— Other Officers and Officials 2
III.— The Members, Delegates, and Resident Commissioner of Puerto
Rico 3
IV.— The Hall of the House 4
V.— Broadcasting the House 4
VI.— Official Reporters and News Media Galleries 5
VII.— Records of the House 5
VIII.— Response to Subpoenas 5
IX.— Questions of Privilege 6
X.— Organization of Committees 6
XI.— Procedures of Committees and Unfinished Business 16
XII.— Receipt and Referral of Measures and Matters 25
XIII.— Calendars and Committee Reports 26
XIV.— Order and Priority of Business 28
XV.— Business in Order on Special Days 28
XVI.— Motions and Amendments 30
XVII.— Decorum and Debate 30
XVIII.— The Committee of the Whole House on the State of the Union 31
XIX.— Motions Following the Amendment Stage 33
XX.— Voting and Quorum Calls 33
XXI.— Restrictions on Certain Bills 35
XXII.— House and Senate Relations 37
XXIII.— Code of Official Conduct 39
XXIV.— Limitations on Use of Official Funds 41
XXV.— Limitations on Outside Earned Income and Acceptance of Gifts 41
XXVI.— Financial Disclosure 46
XXVII.— Disclosure by Members and Staff of Employment Negotiations 46
XXVIII.— Statutory Limit on the Public Debt 46
XXIX.— General Provisions 46

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RULES OF THE HOUSE OF REPRESENTATIVES

ONE HUNDRED SIXTEENTH CONGRESS

RULE I may use such voting procedures as may the system may be paid from applica-
THE SPEAKER be invoked under rule XX. ble accounts of the House for official
Discretion to vote expenses.
Approval of the Journal
7. The Speaker is not required to vote Designation of travel
1. The Speaker shall take the Chair
in ordinary legislative proceedings, ex- 10. The Speaker may designate a
on every legislative day precisely at
cept when such vote would be decisive Member, Delegate, Resident Commis-
the hour to which the House last ad-
or when the House is engaged in voting sioner, officer, or employee of the
journed and immediately call the
by ballot. House to travel on the business of the
House to order. Having examined and
Speaker pro tempore House within or without the United
approved the Journal of the last day’s
States, whether the House is meeting,
proceedings, the Speaker shall an- 8. (a) The Speaker may appoint a has recessed, or has adjourned. Ex-
nounce to the House approval thereof. Member to perform the duties of the penses for such travel may be paid
The Speaker’s approval of the Journal Chair. Except as specified in paragraph from applicable accounts of the House
shall be deemed agreed to unless a (b), such an appointment may not ex- described in clause 1(k)(1) of rule X on
Member, Delegate, or Resident Com- tend beyond three legislative days. vouchers approved and signed solely by
missioner demands a vote thereon. If (b)(1) In the case of illness, the the Speaker.
such a vote is decided in the affirma- Speaker may appoint a Member to per-
tive, it shall not be subject to a motion form the duties of the Chair for a pe- Committee appointment
to reconsider. If such a vote is decided riod not exceeding 10 days, subject to 11. The Speaker shall appoint all se-
in the negative, then one motion that the approval of the House. If the lect, joint, and conference committees
the Journal be read shall be privileged, Speaker is absent and has omitted to ordered by the House. At any time
shall be decided without debate, and make such an appointment, then the after an original appointment, the
shall not be subject to a motion to re- House shall elect a Speaker pro tem- Speaker may remove Members, Dele-
consider. pore to act during the absence of the gates, or the Resident Commissioner
Preservation of order Speaker. from, or appoint additional Members,
(2) With the approval of the House, Delegates, or the Resident Commis-
2. The Speaker shall preserve order the Speaker may appoint a Member to sioner to, a select or conference com-
and decorum and, in case of disturb- act as Speaker pro tempore only to mittee. In appointing Members, Dele-
ance or disorderly conduct in the gal- sign enrolled bills and joint resolutions gates, or the Resident Commissioner to
leries or in the lobby, may cause the for a specified period of time. conference committees, the Speaker
same to be cleared. (3)(A) In the case of a vacancy in the shall appoint no less than a majority
Control of Capitol facilities Office of Speaker, the next Member on who generally supported the House po-
3. Except as otherwise provided by the list described in subdivision (B) sition as determined by the Speaker,
rule or law, the Speaker shall have shall act as Speaker pro tempore until shall name those who are primarily re-
general control of the Hall of the the election of a Speaker or a Speaker sponsible for the legislation, and shall,
House, the corridors and passages in pro tempore. Pending such election the to the fullest extent feasible, include
the part of the Capitol assigned to the Member acting as Speaker pro tempore the principal proponents of the major
use of the House, and the disposal of may exercise such authorities of the provisions of the bill or resolution
unappropriated rooms in that part of Office of Speaker as may be necessary passed or adopted by the House.
the Capitol. and appropriate to that end. Recess and convening authorities
(B) As soon as practicable after the
Signature of documents election of the Speaker and whenever 12. (a) To suspend the business of the
appropriate thereafter, the Speaker House for a short time when no ques-
4. The Speaker shall sign all acts and
shall deliver to the Clerk a list of tion is pending before the House, the
joint resolutions passed by the two
Members in the order in which each Speaker may declare a recess subject
Houses and all writs, warrants, and
shall act as Speaker pro tempore under to the call of the Chair.
subpoenas of, or issued by order of, the
subdivision (A). (b)(1) To suspend the business of the
House. The Speaker may sign enrolled
(C) For purposes of subdivision (A), a House when notified of an imminent
bills and joint resolutions whether or
vacancy in the Office of Speaker may threat to its safety, the Speaker may
not the House is in session.
exist by reason of the physical inabil- declare an emergency recess subject to
Questions of order ity of the Speaker to discharge the du- the call of the Chair.
5. The Speaker shall decide all ques- ties of the office. (2) To suspend the business of the
tions of order, subject to appeal by a Committee of the Whole House on the
Other responsibilities state of the Union when notified of an
Member, Delegate, or Resident Com-
missioner. On such an appeal a Mem- 9. The Speaker, in consultation with imminent threat to its safety, the
ber, Delegate, or Resident Commis- the Minority Leader, shall develop chair of the Committee of the Whole
sioner may not speak more than once through an appropriate entity of the may declare an emergency recess sub-
without permission of the House. House a system for drug testing in the ject to the call of the Chair.
House. The system may provide for the (c) During any recess or adjournment
Form of a question testing of a Member, Delegate, Resi- of not more than three days, if the
6. The Speaker shall put a question dent Commissioner, officer, or em- Speaker is notified by the Sergeant-at-
in this form: ‘‘Those in favor (of the ployee of the House, and otherwise Arms of an imminent impairment of
question), say ‘Aye.’ ’’; and after the af- shall be comparable in scope to the sys- the place of reconvening at the time
firmative voice is expressed, ‘‘Those tem for drug testing in the executive previously appointed, then the Speaker
opposed, say ‘No.’ ’’. After a vote by branch pursuant to Executive Order may, in consultation with the Minority
voice under this clause, the Speaker 12564 (Sept. 15, 1986). The expenses of Leader—
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RULES OF THE
Rule I, clause 12 Rule II, clause 3

(1) postpone the time for recon- that any officer or Department is re- fore the House and entered on the
vening within the limits of clause 4, quired to make to Congress, citing the Journal.
section 5, article I of the Constitu- law or resolution in which the require- (h) The Clerk may receive messages
tion and notify Members, Delegates, ment may be contained and placing from the President and from the Sen-
and the Resident Commissioner ac- under the name of each officer the list ate at any time when the House is in
cordingly; or of reports required to be made by such recess or adjournment.
(2) reconvene the House before the officer. (i)(1) The Clerk shall supervise the
time previously appointed solely to (c) The Clerk shall— staff and manage the office of a Mem-
declare the House in recess within (1) note all questions of order, with ber, Delegate, or Resident Commis-
the limits of clause 4, section 5, arti- the decisions thereon, the record of sioner who has died, resigned, or been
cle I of the Constitution and notify which shall be appended to the Jour- expelled until a successor is elected.
Members, Delegates, and the Resi- nal of each session; The Clerk shall perform similar duties
dent Commissioner accordingly. (2) enter on the Journal the hour at in the event that a vacancy is declared
(d) The Speaker may convene the which the House adjourns; by the House in any congressional dis-
House in a place at the seat of govern- (3) complete the distribution of the trict because of the incapacity of the
ment other than the Hall of the House Journal to Members, Delegates, and person representing such district or
if, in the opinion of the Speaker, the the Resident Commissioner, together other reason. When acting as a super-
public interest shall warrant it. with an accurate and complete index, visory authority over such staff, the
(e) During any recess or adjournment as soon as possible after the close of Clerk shall have authority to termi-
of not more than three days, if in the a session; and nate employees and, with the approval
opinion of the Speaker the public in- (4) send a copy of the Journal to of the Committee on House Adminis-
terest so warrants, then the Speaker, the executive of and to each branch tration, may appoint such staff as is
after consultation with the Minority of the legislature of every State as required to operate the office until a
Leader, may reconvene the House at a may be requested by such State offi- successor is elected.
time other than that previously ap- cials. (2) For 60 days following the death of
pointed, within the limits of clause 4, (d)(1) The Clerk shall attest and affix a former Speaker, the Clerk shall
section 5, article I of the Constitution, the seal of the House to all writs, war- maintain on the House payroll, and
and notify Members, Delegates, and the rants, and subpoenas issued by order of shall supervise in the same manner,
Resident Commissioner accordingly. the House and certify the passage of all staff appointed under House Resolution
(f) The Speaker may name a designee bills and joint resolutions. 1238, Ninety-first Congress (as enacted
for purposes of paragraphs (c), (d), and (2) The Clerk shall examine all bills, into permanent law by chapter VIII of
(e). amendments, and joint resolutions the Supplemental Appropriations Act,
after passage by the House and, in co- 1971) (2 U.S.C. 5128).
RULE II operation with the Senate, examine all
OTHER OFFICERS AND OFFICIALS (j) In addition to any other reports
bills and joint resolutions that have required by the Speaker or the Com-
Elections passed both Houses to see that they are mittee on House Administration, the
1. There shall be elected at the com- correctly enrolled and forthwith Clerk shall report to the Committee on
mencement of each Congress, to con- present those bills and joint resolu- House Administration not later than 45
tinue in office until their successors tions that originated in the House to days following the close of each semi-
are chosen and qualified, a Clerk, a the President in person after their sig- annual period ending on June 30 or on
Sergeant-at-Arms, a Chief Administra- nature by the Speaker and the Presi- December 31 on the financial and oper-
tive Officer, and a Chaplain. Each of dent of the Senate, and report to the ational status of each function under
these officers shall take an oath to sup- House the fact and date of their pre- the jurisdiction of the Clerk. Each re-
port the Constitution of the United sentment. port shall include financial statements
States, and for the true and faithful ex- (e) The Clerk shall cause the cal- and a description or explanation of cur-
ercise of the duties of the office to the endars of the House to be distributed rent operations, the implementation of
best of the knowledge and ability of each legislative day. new policies and procedures, and future
the officer, and to keep the secrets of (f) The Clerk shall— plans for each function.
the House. Each of these officers shall (1) retain in the library at the Of- (k) The Clerk shall fully cooperate
appoint all of the employees of the de- fice of the Clerk for the use of the with the appropriate offices and per-
partment concerned provided for by Members, Delegates, Resident Com- sons in the performance of reviews and
law. The Clerk, Sergeant-at-Arms, and missioner, and officers of the House, audits of financial records and admin-
Chief Administrative Officer may be and not to be withdrawn therefrom, istrative operations.
removed by the House or by the Speak- two copies of all the books and print-
ed documents deposited there; and Sergeant-at-Arms
er.
(2) deliver to any Member, Dele- 3. (a) The Sergeant-at-Arms shall at-
Clerk gate, or the Resident Commissioner tend the House during its sittings and
2. (a) At the commencement of the an extra copy of each document re- maintain order under the direction of
first session of each Congress, the quested by that Member, Delegate, or the Speaker or other presiding officer.
Clerk shall call the Members, Dele- Resident Commissioner that has been The Sergeant-at-Arms shall execute
gates, and Resident Commissioner to printed by order of either House of the commands of the House, and all
order and proceed to record their pres- Congress in any Congress in which processes issued by authority thereof,
ence by States in alphabetical order, the Member, Delegate, or Resident directed to the Sergeant-at-Arms by
either by call of the roll or by use of Commissioner served. the Speaker.
the electronic voting system. Pending (g) The Clerk shall provide for the (b) The symbol of the Office of the
the election of a Speaker or Speaker temporary absence or disability of the Sergeant-at-Arms shall be the mace,
pro tempore, and in the absence of a Clerk by designating an official in the which shall be borne by the Sergeant-
Member acting as Speaker pro tempore Office of the Clerk to sign all papers at-Arms while enforcing order on the
pursuant to clause 8(b)(3)(A) of rule I, that may require the official signature floor.
the Clerk shall preserve order and de- of the Clerk and to perform all other (c) The Sergeant-at-Arms shall en-
corum and decide all questions of official acts that the Clerk may be re- force strictly the rules relating to the
order, subject to appeal by a Member, quired to perform under the rules and privileges of the Hall of the House and
Delegate, or Resident Commissioner. practices of the House, except such of- be responsible to the House for the offi-
(b) At the commencement of every ficial acts as are provided for by stat- cial conduct of employees of the Office
regular session of Congress, the Clerk ute. Official acts performed by the des- of the Sergeant-at-Arms.
shall make and cause to be delivered to ignated official shall be under the (d) The Sergeant-at-Arms may not
each Member, Delegate, and the Resi- name of the Clerk. The designation allow a person to enter the room over
dent Commissioner a list of the reports shall be in writing and shall be laid be- the Hall of the House during its
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HOUSE OF REPRESENTATIVES
Rule II, clause 3 Rule III, clause 2

sittings and, from 15 minutes before cial responsibility for functions as as- tion a report of each audit conducted
the hour of the meeting of the House signed by the Committee on House Ad- under this clause; and
each day until 10 minutes after ad- ministration and shall be subject to (5) report to the Committee on Eth-
journment, shall see that the floor is the policy direction and oversight of ics information involving possible
cleared of all persons except those priv- the Committee on House Administra- violations by a Member, Delegate,
ileged to remain. tion. Resident Commissioner, officer, or
(e) In addition to any other reports (b) In addition to any other reports employee of the House of any rule of
required by the Speaker or the Com- required by the Committee on House the House or of any law applicable to
mittee on House Administration, the Administration, the Chief Administra- the performance of official duties or
Sergeant-at-Arms shall report to the tive Officer shall report to the Com- the discharge of official responsibil-
Committee on House Administration mittee on House Administration not ities that may require referral to the
not later than 45 days following the later than 45 days following the close appropriate Federal or State authori-
close of each semiannual period ending of each semiannual period ending on ties under clause 3(a)(3) of rule XI.
on June 30 or on December 31 on the fi- June 30 or December 31 on the financial Office of the Historian
nancial and operational status of each and operational status of each function
function under the jurisdiction of the under the jurisdiction of the Chief Ad- 7. There is established an Office of
Sergeant-at-Arms. Each report shall ministrative Officer. Each report shall the Historian of the House of Rep-
include financial statements and a de- include financial statements and a de- resentatives. The Speaker shall ap-
scription or explanation of current op- scription or explanation of current op- point and set the annual rate of pay for
erations, the implementation of new erations, the implementation of new employees of the Office of the Histo-
policies and procedures, and future policies and procedures, and future rian.
plans for each function. plans for each function. Office of General Counsel
(f) The Sergeant-at-Arms shall fully (c) The Chief Administrative Officer
8. (a) There is established an Office of
cooperate with the appropriate offices shall fully cooperate with the appro-
General Counsel for the purpose of pro-
and persons in the performance of re- priate offices and persons in the per-
viding legal assistance and representa-
views and audits of financial records formance of reviews and audits of fi-
tion to the House. Legal assistance and
and administrative operations. nancial records and administrative op-
erations. representation shall be provided with-
(g)(1) The Sergeant-at-Arms is au- out regard to political affiliation. The
thorized and directed to impose a fine (d)(1) Upon notification from the
chair of the Committee on Ethics pur- Speaker shall appoint and set the an-
against a Member, Delegate, or the nual rate of pay for employees of the
Resident Commissioner for the use of suant to clause 3(g)(3)(C), the Chief Ad-
ministrative Officer shall deduct the Office of General Counsel. The Office of
an electronic device for still photog- General Counsel shall function pursu-
raphy or for audio or visual recording amount of any fine levied under clause
3(g) from the net salary otherwise due ant to the direction of the Speaker,
or broadcasting in contravention of who shall consult with the Bipartisan
clause 5 of rule XVII and any applica- the Member, Delegate, or the Resident
Commissioner. Legal Advisory Group.
ble Speaker’s announced policy on (b) There is established a Bipartisan
electronic devices. (2) The Chief Administrative Officer
is authorized to establish policies and Legal Advisory Group composed of the
(2) A fine imposed pursuant to this Speaker and the majority and minority
paragraph shall be $500 for a first of- procedures for such salary deductions.
leaderships. Unless otherwise provided
fense and $2,500 for any subsequent of- Chaplain
by the House, the Bipartisan Legal Ad-
fense. 5. The Chaplain shall offer a prayer visory Group speaks for, and articu-
(3)(A) The Sergeant-at-Arms shall at the commencement of each day’s lates the institutional position of, the
promptly notify the Member, Delegate, sitting of the House. House in all litigation matters.
or the Resident Commissioner, the Office of Inspector General (c) The House, the Speaker, a com-
Speaker, the Chief Administrative Offi- mittee or the chair of a committee au-
cer, and the Committee on Ethics of 6. (a) There is established an Office of
Inspector General. thorized during a prior Congress to act
any such fine. in a litigation matter is authorized to
(B) Such Member, Delegate, or Resi- (b) The Inspector General shall be ap-
pointed for a Congress by the Speaker, act as the successor in interest to the
dent Commissioner may appeal the fine House, the Speaker, such committee or
in writing to the Committee on Ethics the Majority Leader, and the Minority
Leader, acting jointly. the chair of such committee of a prior
not later than 30 calendar days or five Congress, respectively, with respect to
legislative days, whichever is later, (c) Subject to the policy direction
and oversight of the Committee on such litigation matter, and to take
after notification pursuant to subdivi- such steps as may be appropriate to en-
sion (A). House Administration, the Inspector
General shall only— sure continuation of such litigation
(C) Upon receipt of an appeal pursu- matter.
ant to subdivision (B), the Committee (1) provide audit, investigative, and
on Ethics shall have 30 calendar days advisory services to the House and RULE III
or five legislative days, whichever is joint entities in a manner consistent THE MEMBERS, DELEGATES, AND
later, to either dismiss the fine or with government-wide standards; RESIDENT COMMISSIONER OF PUERTO
allow it to proceed. Upon a determina- (2) inform the officers or other offi- RICO
tion regarding the appeal or if no ap- cials who are the subject of an audit
of the results of that audit and sug- Voting
peal has been filed at the expiration of
the period specified in subdivision (B), gesting appropriate curative actions; 1. Every Member shall be present
the chair of the Committee on Ethics (3) simultaneously notify the within the Hall of the House during its
shall promptly notify the Member, Del- Speaker, the Majority Leader, the sittings, unless excused or necessarily
egate, or the Resident Commissioner, Minority Leader, and the chair and prevented, and shall vote on each ques-
the Speaker and the Chief Administra- ranking minority member of the tion put, unless having a direct per-
tive Officer. The Speaker shall prompt- Committee on House Administration sonal or pecuniary interest in the
ly lay such notification before the in the case of any financial irregu- event of such question.
House. larity discovered in the course of car- 2. (a) A Member may not authorize
(4) The Sergeant-at-Arms and the rying out responsibilities under this any other person to cast the vote of
Committee on Ethics are authorized to clause; such Member or record the presence of
(4) simultaneously submit to the such Member in the House or the Com-
establish policies and procedures for
Speaker, the Majority Leader, the mittee of the Whole House on the state
the implementation of this paragraph.
Minority Leader, and the chair and of the Union.
Chief Administrative Officer ranking minority member of the (b) No other person may cast a Mem-
4. (a) The Chief Administrative Offi- Committee on Appropriations and ber’s vote or record a Member’s pres-
cer shall have operational and finan- the Committee on House Administra- ence in the House or the Committee of
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RULES OF THE
Rule III, clause 2 Rule V, clause 2

the Whole House on the state of the (16) One attorney to accompany a Cabinet, justices of the Supreme Court,
Union. Member, Delegate, or Resident Com- foreign ministers and suites, and the
Delegates and the Resident missioner who is the respondent in members of their respective families.
Commissioner an investigation undertaken by the The Speaker shall set aside another
Committee on Ethics when a rec- portion of the same gallery for the ac-
3. (a) In a Committee of the Whole ommendation of that committee is commodation of persons to be admitted
House on the State of the Union, each under consideration in the House. on the cards of Members, Delegates, or
Delegate and the Resident Commis- (17) Such persons as have, by name, the Resident Commissioner.
sioner shall possess the same powers received the thanks of Congress. (b) The Speaker shall set aside the
and privileges as Members of the (b) The Speaker may not entertain a southerly half of the east gallery for
House. Each Delegate and the Resident unanimous consent request or a motion the use of the families of Members of
Commissioner shall be elected to serve to suspend this clause or clauses 1, 3, 4, Congress. The Speaker shall control
on standing committees in the same or 5. one bench. On the request of a Member,
manner as Members and shall possess 3. (a) Except as provided in paragraph Delegate, Resident Commissioner, or
in such committees the same powers (b), all persons not entitled to the Senator, the Speaker shall issue a card
and privileges as the other members of privilege of the floor during the session of admission to the family of such indi-
the committee. shall be excluded at all times from the vidual, which may include their visi-
(b) The Delegates and the Resident Hall of the House and the cloakrooms. tors. No other person shall be admitted
Commissioner may be appointed to any (b) Until 15 minutes of the hour of to this section.
select committee, joint committee, or the meeting of the House, persons em-
conference committee. Prohibition on campaign contributions
ployed in its service, accredited mem-
RULE IV bers of the press entitled to admission 7. A Member, Delegate, Resident
THE HALL OF THE HOUSE to the press gallery, and other persons Commissioner, officer, or employee of
on request of a Member, Delegate, or the House, or any other person entitled
Use and admittance to admission to the Hall of the House
Resident Commissioner by card or in
1. The Hall of the House shall be used writing, may be admitted to the Hall of or rooms leading thereto by this rule,
only for the legislative business of the the House. may not knowingly distribute a polit-
House and for caucus and conference 4. (a) A former Member, Delegate, or ical campaign contribution in the Hall
meetings of its Members, except when Resident Commissioner; a former Par- of the House or rooms leading thereto.
the House agrees to take part in any liamentarian of the House; or a former RULE V
ceremonies to be observed therein. elected officer of the House or former
2. (a) Only the following persons shall BROADCASTING THE HOUSE
minority employee nominated as an
be admitted to the Hall of the House or 1. The Speaker shall administer, di-
elected officer of the House shall not be
rooms leading thereto: rect, and control a system for closed-
entitled to the privilege of admission
(1) Members of Congress, Members- circuit viewing of floor proceedings of
to the Hall of the House and rooms
elect, Delegates, Delegates-elect, the the House in the offices of all Members,
leading thereto if such individual—
Resident Commissioner, and the Delegates, the Resident Commissioner,
(1) is a registered lobbyist or agent
Resident Commissioner-elect. and committees and in such other
of a foreign principal as those terms
(2) Contestants in election cases places in the Capitol and the House Of-
are defined in clause 5 of rule XXV;
during the pendency of their cases on fice Buildings as the Speaker considers
(2) has any direct personal or pecu-
the floor. appropriate. Such system may include
niary interest in any legislative
(3) The President and Vice Presi- other communications functions as the
measure pending before the House or
dent of the United States and their Speaker considers appropriate. Any
reported by a committee; or
private secretaries. such communications shall be subject
(3) is in the employ of or represents
(4) Justices of the Supreme Court. to rules and regulations issued by the
any party or organization for the
(5) Elected officers and minority Speaker.
purpose of influencing, directly or in-
employees nominated as elected offi- 2. (a) The Speaker shall administer,
directly, the passage, defeat, or
cers of the House. direct, and control a system for com-
amendment of any legislative pro-
(6) The Parliamentarian. plete and unedited audio and visual
posal.
(7) Staff of committees when busi- (b) The Speaker may promulgate reg- broadcasting and recording of the floor
ness from their committee is under ulations to carry out this rule includ- proceedings of the House. The Speaker
consideration, and staff of the respec- ing regulations that exempt ceremo- shall provide for the distribution of
tive party leaderships when so as- nial or educational functions from the such broadcasts and recordings to news
signed with the approval of the restrictions of this clause. media, for the storage of audio and
Speaker. 5. A person from the staff of a Mem- video recordings of the proceedings,
(8) Not more than one person from ber, Delegate, or Resident Commis- and for the closed-captioning of the
the staff of a Member, Delegate, or sioner may be admitted to the Hall of proceedings for hearing-impaired per-
Resident Commissioner when that the House or rooms leading thereto sons.
Member, Delegate, or Resident Com- under clause 2 only upon prior notice (b) All television and radio broad-
missioner has an amendment under to the Speaker. Such persons, and per- casting stations, networks, services,
consideration (subject to clause 5). sons from the staff of committees ad- and systems (including cable systems)
(9) The Architect of the Capitol. mitted under clause 2, may not engage that are accredited to the House Radio
(10) The Librarian of Congress and in efforts in the Hall of the House or and Television Correspondents’ Gal-
the assistant in charge of the Law Li- rooms leading thereto to influence leries, and all radio and television cor-
brary. Members with regard to the legislation respondents who are so accredited,
(11) The Secretary and Sergeant-at- being amended. Such persons are ad- shall be provided access to the live cov-
Arms of the Senate. mitted only to advise the Member, Del- erage of the House.
(12) Heads of departments. egate, Resident Commissioner, or com- (c) Coverage made available under
(13) Foreign ministers. mittee responsible for their admission. this clause, including any recording
(14) Governors of States and of the A person who violates this clause may thereof—
Territories. be excluded during the session from the (1) may not be used for any par-
(15) Former Members, Delegates, Hall of the House and rooms leading tisan political campaign purpose;
and Resident Commissioners; former thereto by the Speaker. (2) may not be used in any commer-
Parliamentarians of the House; and cial advertisement; and
former elected officers and minority Gallery (3) may not be broadcast with com-
employees nominated as elected offi- 6. (a) The Speaker shall set aside a mercial sponsorship except as part of
cers of the House (subject to clause portion of the west gallery for the use a bona fide news program or public
4). of the President, the members of the affairs documentary program.
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4
HOUSE OF REPRESENTATIVES
Rule V, clause 3 Rule VIII, clause 2

3. The Speaker may delegate any of istration. Records so delivered are the Definition of record
the responsibilities under this rule to permanent property of the House and 6. (a) In this rule the term ‘‘record’’
such legislative entity as the Speaker remain subject to this rule and any means any official, permanent record
considers appropriate. order of the House. of the House (other than a record of an
RULE VI individual Member, Delegate, or Resi-
Public availability
OFFICIAL REPORTERS AND NEWS MEDIA dent Commissioner as described in
GALLERIES 3. (a) The Clerk shall authorize the paragraph (b)), including—
Archivist to make records delivered (1) with respect to a committee, an
Official reporters
under clause 2 available for public use, official, permanent record of the
1. Subject to the direction and con- subject to clause 4(b) and any order of committee (including any record of a
trol of the Speaker, the Clerk shall ap- the House. legislative, oversight, or other activ-
point, and may remove for cause, the (b)(1) A record shall immediately be ity of such committee or a sub-
official reporters of the House, includ- made available if it was previously committee thereof); and
ing stenographers of committees, and made available for public use by the (2) with respect to an officer of the
shall supervise the execution of their House or a committee or a sub- House elected under rule II, an offi-
duties. committee. cial, permanent record made or ac-
News media galleries (2) An investigative record that con- quired in the course of the duties of
2. A portion of the gallery over the tains personal data relating to a spe- such officer.
Speaker’s chair as may be necessary to cific living person (the disclosure of (b) Records created, generated, or re-
accommodate representatives of the which would be an unwarranted inva- ceived by the congressional office of a
press wishing to report debates and sion of personal privacy), an adminis- Member, Delegate, or the Resident
proceedings shall be set aside for their trative record relating to personnel, or Commissioner in the performance of of-
use. Reputable reporters and cor- a record relating to a hearing that was ficial duties are exclusively the per-
respondents shall be admitted thereto closed under clause 2(g)(2) of rule XI sonal property of the individual Mem-
under such regulations as the Speaker shall be made available if it has been in ber, Delegate, or the Resident Commis-
may prescribe from time to time. The existence for 50 years. sioner and such Member, Delegate, or
Standing Committee of Correspondents (3) A record for which a time, sched- Resident Commissioner has control
for the Press Gallery, and the Execu- ule, or condition for availability is over such records.
tive Committee of Correspondents for specified by order of the House shall be Withdrawal of papers
the Periodical Press Gallery, shall su- made available in accordance with that 7. A memorial or other paper pre-
pervise such galleries, including the order. Except as otherwise provided by sented to the House may not be with-
designation of its employees, subject to order of the House, a record of a com- drawn from its files without its leave.
the direction and control of the Speak- mittee for which a time, schedule, or If withdrawn certified copies thereof
er. The Speaker may admit to the condition for availability is specified shall be left in the Office of the Clerk.
floor, under such regulations as the by order of the committee (entered When an act passes for the settlement
Speaker may prescribe, not more than during the Congress in which the of a claim, the Clerk may transmit to
one representative of each press asso- record is made or acquired by the com- the officer charged with the settlement
ciation. mittee) shall be made available in ac- thereof the papers on file in the Office
3. A portion of the gallery as may be cordance with the order of the com- of the Clerk relating to such claim.
necessary to accommodate reporters of mittee. The Clerk may lend temporarily to an
news to be disseminated by radio, tele- (4) A record (other than a record re- officer or bureau of the executive de-
vision, and similar means of trans- ferred to in subparagraph (1), (2), or (3)) partments any papers on file in the Of-
mission, wishing to report debates and shall be made available if it has been in fice of the Clerk relating to any matter
proceedings, shall be set aside for their existence for 30 years. pending before such officer or bureau,
use. Reputable reporters and cor- taking proper receipt therefor.
4. (a) A record may not be made
respondents shall be admitted thereto
available for public use under clause 3 RULE VIII
under such regulations as the Speaker
if the Clerk determines that such avail- RESPONSE TO SUBPOENAS
may prescribe. The Executive Com-
ability would be detrimental to the
mittee of the Radio and Television Cor- 1. (a) When a Member, Delegate, Resi-
public interest or inconsistent with the
respondents’ Galleries shall supervise dent Commissioner, officer, or em-
rights and privileges of the House. The
such gallery, including the designation ployee of the House is properly served
of its employees, subject to the direc- Clerk shall notify in writing the chair with a judicial subpoena or order, such
tion and control of the Speaker. The and ranking minority member of the Member, Delegate, Resident Commis-
Speaker may admit to the floor, under Committee on House Administration of sioner, officer, or employee shall com-
such regulations as the Speaker may any such determination. ply, consistently with the privileges
prescribe, not more than one represent- (b) A determination of the Clerk and rights of the House, with the judi-
ative of each media outlet. under paragraph (a) is subject to later cial subpoena or order as hereinafter
orders of the House and, in the case of provided, unless otherwise determined
RULE VII
a record of a committee, later orders of under this rule.
RECORDS OF THE HOUSE the committee. (b) For purposes of this rule, ‘‘judi-
Archiving 5. (a) This rule does not supersede cial subpoena or order’’ means a judi-
1. (a) At the end of each Congress, the rule VIII or clause 11 of rule X and does cial subpoena or judicial order direct-
chair of each committee shall transfer not authorize the public disclosure of ing appearance as a witness relating to
to the Clerk any noncurrent records of any record if such disclosure is prohib- the official functions of the House or
such committee, including the sub- ited by law or executive order of the for the production or disclosure of any
committees thereof. President. document relating to the official func-
(b) At the end of each Congress, each (b) The Committee on House Admin- tions of the House.
officer of the House elected under rule istration may prescribe guidelines and 2. (a) Upon receipt of a properly
II shall transfer to the Clerk any non- regulations governing the applicability served judicial subpoena or order, a
current records made or acquired in and implementation of this rule. Member, Delegate, Resident Commis-
the course of the duties of such officer. (c) A committee may withdraw from sioner, officer, or employee of the
2. The Clerk shall deliver the records the National Archives and Records Ad- House shall promptly notify the Speak-
transferred under clause 1, together ministration any record of the com- er in writing of its receipt together
with any other noncurrent records of mittee delivered to the Archivist under with either:
the House, to the Archivist of the this rule. Such a withdrawal shall be (1) a determination as to whether
United States for preservation at the on a temporary basis and for official the issuance of the judicial subpoena
National Archives and Records Admin- use of the committee. or order is a proper exercise of juris-
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5
RULES OF THE
Rule VIII, clause 2 Rule X, clause 1

diction by the court and is consistent within two legislative days after the (17) Plant industry, soils, and ag-
with the privileges and rights of the day on which the proponent announces ricultural engineering.
House; or to the House an intention to offer the (18) Rural electrification.
(2) a statement that such Member, resolution and the form of the resolu- (19) Rural development.
Delegate, Resident Commissioner, of- tion. Oral announcement of the form of (20) Water conservation related to
ficer, or employee of the House in- the resolution may be dispensed with activities of the Department of Ag-
tends to make a determination with by unanimous consent. riculture.
respect to the matters described in (2) The time allotted for debate on a (b) Committee on Appropriations.
subparagraph (1). resolution offered from the floor as a (1) Appropriation of the revenue
(b) The notification required by para- question of the privileges of the House for the support of the Government.
graph (a) shall promptly be laid before shall be equally divided between (A)
(2) Rescissions of appropriations
the House by the Speaker. the proponent of the resolution, and
3. (a) Except as specified in paragraph contained in appropriation Acts.
(B) the Majority Leader, the Minority
(b) or otherwise ordered by the House, Leader, or a designee, as determined by (3) Transfers of unexpended bal-
upon notification to the House that a the Speaker. ances.
judicial subpoena or order is a proper (3) A resolution causing a vacancy in (4) Bills and joint resolutions re-
exercise of jurisdiction by the court the Office of Speaker shall not be privi- ported by other committees that
and is consistent with the privileges leged except if offered by direction of a provide new entitlement authority
and rights of the House, the Member, party caucus or conference. as defined in section 3(9) of the
Delegate, Resident Commissioner, offi- (b) A question of personal privilege Congressional Budget Act of 1974
cer, or employee of the House shall shall have precedence of all other ques- and referred to the committee
comply with the judicial subpoena or tions except motions to adjourn. under clause 4(a)(2).
order by supplying copies. (5) Bills and joint resolutions
(b) Under no circumstances may min- RULE X that provide new budget authority,
utes or transcripts of executive ses- ORGANIZATION OF COMMITTEES limitation on the use of funds, or
sions, or evidence of witnesses in re- other authority relating to new di-
Committees and their legislative rect loan obligations and new loan
spect thereto, be disclosed or copied.
jurisdictions guarantee commitments ref-
During a period of recess or adjourn-
ment of longer than three days, the 1. There shall be in the House the fol- erencing section 504(b) of the Con-
Speaker may authorize compliance or lowing standing committees, each of gressional Budget Act of 1974.
take such other action as the Speaker which shall have the jurisdiction and (c) Committee on Armed Services.
considers appropriate under the cir- related functions assigned by this (1) Ammunition depots; forts; ar-
cumstances. Upon the reconvening of clause and clauses 2, 3, and 4. All bills, senals; and Army, Navy, and Air
the House, all matters that transpired resolutions, and other matters relating Force reservations and establish-
under this clause shall promptly be to subjects within the jurisdiction of ments.
laid before the House by the Speaker. the standing committees listed in this (2) Common defense generally.
4. Nothing in this rule shall be con- clause shall be referred to those com- (3) Conservation, development,
strued to deprive, condition, or waive mittees, in accordance with clause 2 of and use of naval petroleum and oil
the constitutional or legal privileges or rule XII, as follows: shale reserves.
rights applicable or available at any (a) Committee on Agriculture.
(4) The Department of Defense
time to a Member, Delegate, Resident (1) Adulteration of seeds, insect
generally, including the Depart-
Commissioner, officer, or employee of pests, and protection of birds and
ments of the Army, Navy, and Air
the House, or of the House itself, or the animals in forest reserves.
Force, generally.
right of such Member, Delegate, Resi- (2) Agriculture generally.
(5) Interoceanic canals generally,
dent Commissioner, officer, or em- (3) Agricultural and industrial including measures relating to the
ployee, or of the House itself, to assert chemistry. maintenance, operation, and ad-
such privileges or rights before a court (4) Agricultural colleges and ex- ministration of interoceanic ca-
in the United States. periment stations. nals.
RULE IX (5) Agricultural economics and (6) Merchant Marine Academy
QUESTIONS OF PRIVILEGE research. and State Maritime Academies.
1. Questions of privilege shall be, (6) Agricultural education exten- (7) Military applications of nu-
first, those affecting the rights of the sion services. clear energy.
House collectively, its safety, dignity, (7) Agricultural production and (8) Tactical intelligence and in-
and the integrity of its proceedings; marketing and stabilization of telligence-related activities of the
and second, those affecting the rights, prices of agricultural products, and Department of Defense.
reputation, and conduct of Members, commodities (not including dis- (9) National security aspects of
Delegates, or the Resident Commis- tribution outside of the United merchant marine, including finan-
sioner, individually, in their represent- States). cial assistance for the construction
ative capacity only. (8) Animal industry and diseases and operation of vessels, mainte-
2. (a)(1) A resolution reported as a of animals. nance of the U.S. shipbuilding and
question of the privileges of the House, (9) Commodity exchanges. ship repair industrial base, cabo-
or offered from the floor by the Major- (10) Crop insurance and soil con- tage, cargo preference, and mer-
ity Leader or the Minority Leader as a servation. chant marine officers and seamen
question of the privileges of the House, as these matters relate to the na-
(11) Dairy industry.
or offered as privileged under clause 1, tional security.
section 7, article I of the Constitution, (12) Entomology and plant quar-
antine. (10) Pay, promotion, retirement,
shall have precedence of all other ques-
(13) Extension of farm credit and and other benefits and privileges of
tions except motions to adjourn. A res-
farm security. members of the armed forces.
olution offered from the floor by a
Member, Delegate, or Resident Com- (14) Inspection of livestock, poul- (11) Scientific research and devel-
missioner other than the Majority try, meat products, and seafood and opment in support of the armed
Leader or the Minority Leader as a seafood products. services.
question of the privileges of the House (15) Forestry in general and for- (12) Selective service.
shall have precedence of all other ques- est reserves other than those cre- (13) Size and composition of the
tions except motions to adjourn only ated from the public domain. Army, Navy, Marine Corps, and Air
at a time or place, designated by the (16) Human nutrition and home Force.
Speaker, in the legislative schedule economics. (14) Soldiers’ and sailors’ homes.
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6
HOUSE OF REPRESENTATIVES
Rule X, clause 1 Rule X, clause 1

(15) Strategic and critical mate- (8) Energy information generally. ments for cooperation in the export
rials necessary for the common de- (9) The generation and marketing of nuclear technology and nuclear
fense. of power (except by federally char- hardware.
(16) Cemeteries administered by tered or Federal regional power (7) International conferences and
the Department of Defense. marketing authorities); reliability congresses.
(d) Committee on the Budget. and interstate transmission of, and (8) International education.
(1) Concurrent resolutions on the ratemaking for, all power; and (9) Intervention abroad and dec-
budget (as defined in section 3(4) of siting of generation facilities (ex- larations of war.
the Congressional Budget Act of cept the installation of inter-
(10) Diplomatic service.
1974), other matters required to be connections between Government
referred to the committee under ti- waterpower projects). (11) Measures to foster commer-
tles III and IV of that Act, and (10) General management of the cial intercourse with foreign na-
other measures setting forth appro- Department of Energy and manage- tions and to safeguard American
priate levels of budget totals for ment and all functions of the Fed- business interests abroad.
the United States Government. eral Energy Regulatory Commis- (12) International economic pol-
(2) Budget process generally. sion. icy.
(3) Establishment, extension, and (11) National energy policy gen- (13) Neutrality.
enforcement of special controls erally. (14) Protection of American citi-
over the Federal budget, including (12) Public health and quarantine. zens abroad and expatriation.
the budgetary treatment of off- (13) Regulation of the domestic (15) The American National Red
budget Federal agencies and meas- nuclear energy industry, including Cross.
ures providing exemption from re- regulation of research and develop- (16) Trading with the enemy.
duction under any order issued ment reactors and nuclear regu- (17) United Nations organiza-
under part C of the Balanced Budg- latory research. tions.
et and Emergency Deficit Control (14) Regulation of interstate and (j) Committee on Homeland Secu-
Act of 1985. foreign communications. rity.
(e) Committee on Education and (15) Travel and tourism. (1) Overall homeland security pol-
Labor. The committee shall have the same icy.
(1) Child labor. jurisdiction with respect to regula- (2) Organization, administration,
(2) Gallaudet University and tion of nuclear facilities and of use of and general management of the De-
Howard University and Hospital. nuclear energy as it has with respect partment of Homeland Security.
(3) Convict labor and the entry of to regulation of nonnuclear facilities (3) Functions of the Department
goods made by convicts into inter- and of use of nonnuclear energy. of Homeland Security relating to
state commerce. (g) Committee on Ethics.
the following:
(4) Food programs for children in The Code of Official Conduct.
(A) Border and port security
schools. (h) Committee on Financial Serv-
(except immigration policy and
(5) Labor standards and statis- ices.
non-border enforcement).
tics. (1) Banks and banking, including
deposit insurance and Federal mon- (B) Customs (except customs
(6) Education or labor generally. revenue).
etary policy.
(7) Mediation and arbitration of (C) Integration, analysis, and
(2) Economic stabilization, de-
labor disputes. dissemination of homeland secu-
fense production, renegotiation,
(8) Regulation or prevention of rity information.
and control of the price of commod-
importation of foreign laborers (D) Domestic preparedness for
ities, rents, and services.
under contract. and collective response to ter-
(3) Financial aid to commerce rorism.
(9) Workers’ compensation. and industry (other than transpor-
(10) Vocational rehabilitation. (E) Research and development.
tation).
(11) Wages and hours of labor. (F) Transportation security.
(4) Insurance generally. (k) Committee on House Adminis-
(12) Welfare of miners. (5) International finance. tration.
(13) Work incentive programs. (6) International financial and (1) Appropriations from accounts
(14) Organization, administration, monetary organizations. for committee salaries and ex-
and general management of the De- (7) Money and credit, including penses (except for the Committee
partment of Education. currency and the issuance of notes on Appropriations); House Informa-
(15) Organization, administration, and redemption thereof; gold and tion Resources; and allowance and
and general management of the De- silver, including the coinage there- expenses of Members, Delegates,
partment of Labor. of; valuation and revaluation of the the Resident Commissioner, offi-
(f) Committee on Energy and Com- dollar. cers, and administrative offices of
merce. (8) Public and private housing. the House.
(1) Biomedical research and de- (9) Securities and exchanges. (2) Auditing and settling of all ac-
velopment. (10) Urban development. counts described in subparagraph
(2) Consumer affairs and con- (i) Committee on Foreign Affairs. (1).
sumer protection. (1) Relations of the United States (3) Employment of persons by the
(3) Health and health facilities with foreign nations generally. House, including staff for Members,
(except health care supported by (2) Acquisition of land and build- Delegates, the Resident Commis-
payroll deductions). ings for embassies and legations in sioner, and committees; and report-
(4) Interstate energy compacts. foreign countries. ers of debates, subject to rule VI.
(5) Interstate and foreign com- (3) Establishment of boundary (4) Except as provided in para-
merce generally. lines between the United States graph (r)(11), the Library of Con-
(6) Exploration, production, stor- and foreign nations. gress, including management there-
age, supply, marketing, pricing, (4) Export controls, including of; the House Library; statuary and
and regulation of energy resources, nonproliferation of nuclear tech- pictures; acceptance or purchase of
including all fossil fuels, solar en- nology and nuclear hardware. works of art for the Capitol; the
ergy, and other unconventional or (5) Foreign loans. Botanic Garden; and purchase of
renewable energy resources. (6) International commodity books and manuscripts.
(7) Conservation of energy re- agreements (other than those in- (5) The Smithsonian Institution
sources. volving sugar), including all agree- and the incorporation of similar in-
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7
RULES OF THE
Rule X, clause 1 Rule X, clause 1

stitutions (except as provided in (17) Revision and codification of (n) Committee on Oversight and Re-
paragraph (r)(11)). the Statutes of the United States. form.
(6) Expenditure of accounts de- (18) State and territorial bound- (1) Federal civil service, includ-
scribed in subparagraph (1). ary lines. ing intergovernmental personnel;
(7) Franking Commission. (19) Subversive activities affect- and the status of officers and em-
(8) Printing and correction of the ing the internal security of the ployees of the United States, in-
Congressional Record. United States. cluding their compensation, classi-
(m) Committee on Natural Re- fication, and retirement.
(9) Accounts of the House gen-
sources. (2) Municipal affairs of the Dis-
erally.
(1) Fisheries and wildlife, includ- trict of Columbia in general (other
(10) Assignment of office space for ing research, restoration, refuges, than appropriations).
Members, Delegates, the Resident and conservation. (3) Federal paperwork reduction.
Commissioner, and committees.
(2) Forest reserves and national (4) Government management and
(11) Disposition of useless execu- parks created from the public do- accounting measures generally.
tive papers. main. (5) Holidays and celebrations.
(12) Election of the President, (3) Forfeiture of land grants and (6) Overall economy, efficiency,
Vice President, Members, Senators, alien ownership, including alien and management of government op-
Delegates, or the Resident Commis- ownership of mineral lands. erations and activities, including
sioner; corrupt practices; contested (4) Geological Survey. Federal procurement.
elections; credentials and qualifica- (5) International fishing agree-
tions; and Federal elections gen- (7) National archives.
ments. (8) Population and demography
erally.
(6) Interstate compacts relating generally, including the Census.
(13) Services to the House, includ- to apportionment of waters for irri-
ing the House Restaurant, parking (9) Postal service generally, in-
gation purposes. cluding transportation of the
facilities, and administration of the (7) Irrigation and reclamation, in-
House Office Buildings and of the mails.
cluding water supply for reclama- (10) Public information and
House wing of the Capitol. tion projects and easements of pub-
(14) Travel of Members, Dele- records.
lic lands for irrigation projects; and
gates, and the Resident Commis- (11) Relationship of the Federal
acquisition of private lands when
sioner. Government to the States and mu-
necessary to complete irrigation
(15) Raising, reporting, and use of nicipalities generally.
projects.
campaign contributions for can- (12) Reorganizations in the execu-
(8) Native Americans generally,
didates for office of Representative, tive branch of the Government.
including the care and allotment of
of Delegate, and of Resident Com- (o) Committee on Rules.
Native American lands and general
missioner. (1) Rules and joint rules (other
and special measures relating to
(16) Compensation, retirement, claims that are paid out of Native than those relating to the Code of
and other benefits of the Members, American funds. Official Conduct) and the order of
Delegates, the Resident Commis- business of the House.
(9) Insular areas of the United
sioner, officers, and employees of States generally (except those af- (2) Recesses and final adjourn-
Congress. fecting the revenue and appropria- ments of Congress.
(l) Committee on the Judiciary. tions). (p) Committee on Science, Space,
(1) The judiciary and judicial pro- and Technology.
(10) Military parks and battle-
ceedings, civil and criminal. (1) All energy research, develop-
fields, national cemeteries adminis-
ment, and demonstration, and
(2) Administrative practice and tered by the Secretary of the Inte-
projects therefor, and all federally
procedure. rior, parks within the District of
owned or operated nonmilitary en-
(3) Apportionment of Representa- Columbia, and the erection of
monuments to the memory of indi- ergy laboratories.
tives. (2) Astronautical research and de-
(4) Bankruptcy, mutiny, espio- viduals.
(11) Mineral land laws and claims velopment, including resources,
nage, and counterfeiting. personnel, equipment, and facili-
(5) Civil liberties. and entries thereunder.
ties.
(12) Mineral resources of public
(6) Constitutional amendments. (3) Civil aviation research and de-
lands.
(7) Criminal law enforcement and velopment.
(13) Mining interests generally.
criminalization. (4) Environmental research and
(14) Mining schools and experi-
(8) Federal courts and judges, and development.
mental stations.
local courts in the Territories and (5) Marine research.
(15) Marine affairs, including
possessions. (6) Commercial application of en-
coastal zone management (except
(9) Immigration policy and non- for measures relating to oil and ergy technology.
border enforcement. other pollution of navigable wa- (7) National Institute of Stand-
(10) Interstate compacts gen- ters). ards and Technology, standardiza-
erally. (16) Oceanography. tion of weights and measures, and
(11) Claims against the United (17) Petroleum conservation on the metric system.
States. public lands and conservation of (8) National Aeronautics and
(12) Meetings of Congress; attend- the radium supply in the United Space Administration.
ance of Members, Delegates, and States. (9) National Space Council.
the Resident Commissioner; and (18) Preservation of prehistoric (10) National Science Foundation.
their acceptance of incompatible ruins and objects of interest on the (11) National Weather Service.
offices. public domain. (12) Outer space, including explo-
(13) National penitentiaries. (19) Public lands generally, in- ration and control thereof.
(14) Patents, the Patent and cluding entry, easements, and graz- (13) Science scholarships.
Trademark Office, copyrights, and ing thereon. (14) Scientific research, develop-
trademarks. (20) Relations of the United ment, and demonstration, and
(15) Presidential succession. States with Native Americans and projects therefor.
(16) Protection of trade and com- Native American tribes. (q) Committee on Small Business.
merce against unlawful restraints (21) Trans-Alaska Oil Pipeline (1) Assistance to and protection
and monopolies. (except ratemaking). of small business, including finan-
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8
HOUSE OF REPRESENTATIVES
Rule X, clause 1 Rule X, clause 2

cial aid, regulatory flexibility, and (s) Committee on Veterans’ Affairs. and programs addressing subjects
paperwork reduction. (1) Veterans’ measures generally. within its jurisdiction;
(2) Participation of small-busi- (2) Cemeteries of the United (B) the organization and operation
ness enterprises in Federal procure- States in which veterans of any war of Federal agencies and entities hav-
ment and Government contracts. or conflict are or may be buried, ing responsibilities for the adminis-
(r) Committee on Transportation whether in the United States or tration and execution of laws and
and Infrastructure. abroad (except cemeteries adminis- programs addressing subjects within
(1) Coast Guard, including life- tered by the Secretary of the Inte- its jurisdiction;
saving service, lighthouses, rior). (C) any conditions or cir-
lightships, ocean derelicts, and the (3) Compensation, vocational re- cumstances that may indicate the
Coast Guard Academy. habilitation, and education of vet- necessity or desirability of enacting
(2) Federal management of emer- erans. new or additional legislation address-
gencies and natural disasters. (4) Life insurance issued by the ing subjects within its jurisdiction
(3) Flood control and improve- Government on account of service (whether or not a bill or resolution
ment of rivers and harbors. in the Armed Forces. has been introduced with respect
(4) Inland waterways. (5) Pensions of all the wars of the thereto); and
(5) Inspection of merchant marine United States, general and special. (D) future research and forecasting
vessels, lights and signals, life- (6) Readjustment of service- on subjects within its jurisdiction.
saving equipment, and fire protec- members to civil life. (2) Each committee to which sub-
tion on such vessels. paragraph (1) applies having more than
(7) Servicemembers’ civil relief.
(6) Navigation and laws relating 20 members shall establish an oversight
(8) Veterans’ hospitals, medical subcommittee, or require its sub-
thereto, including pilotage. care, and treatment of veterans.
(7) Registering and licensing of committees to conduct oversight in
(t) Committee on Ways and Means. their respective jurisdictions, to assist
vessels and small boats. (1) Customs revenue, collection
(8) Rules and international ar- in carrying out its responsibilities
districts, and ports of entry and de- under this clause. The establishment of
rangements to prevent collisions at livery.
sea. an oversight subcommittee does not
(2) Reciprocal trade agreements. limit the responsibility of a sub-
(9) The Capitol Building and the (3) Revenue measures generally.
Senate and House Office Buildings. committee with legislative jurisdiction
(4) Revenue measures relating to in carrying out its oversight respon-
(10) Construction or maintenance
insular possessions. sibilities.
of roads and post roads (other than
appropriations therefor). (5) Bonded debt of the United (c) Each standing committee shall re-
States, subject to the last sentence view and study on a continuing basis
(11) Construction or reconstruc-
of clause 4(f). the impact or probable impact of tax
tion, maintenance, and care of
(6) Deposit of public monies. policies affecting subjects within its
buildings and grounds of the Bo-
(7) Transportation of dutiable jurisdiction as described in clauses 1
tanic Garden, the Library of Con-
goods. and 3.
gress, and the Smithsonian Institu-
tion. (8) Tax exempt foundations and (d)(1) Not later than March 1 of the
charitable trusts. first session of a Congress, the chair of
(12) Merchant marine (except for
(9) National social security (ex- each standing committee (other than
national security aspects thereof).
cept health care and facilities pro- the Committee on Appropriations, the
(13) Purchase of sites and con- Committee on Ethics, and the Com-
struction of post offices, custom- grams that are supported from gen-
eral revenues as opposed to payroll mittee on Rules) shall—
houses, Federal courthouses, and
deductions and except work incen- (A) prepare, in consultation with
Government buildings within the
tive programs). the ranking minority member, an
District of Columbia.
oversight plan for that Congress;
(14) Oil and other pollution of General oversight responsibilities (B) provide a copy of that plan to
navigable waters, including inland, each member of the committee for at
2. (a) The various standing commit-
coastal, and ocean waters.
tees shall have general oversight re- least seven calendar days before its
(15) Marine affairs, including sponsibilities as provided in paragraph submission; and
coastal zone management, as they (b) in order to assist the House in— (C) submit that plan (including any
relate to oil and other pollution of (1) its analysis, appraisal, and eval- supplemental, minority, additional,
navigable waters. uation of— or dissenting views submitted by a
(16) Public buildings and occupied (A) the application, administra- member of the committee) simulta-
or improved grounds of the United tion, execution, and effectiveness of neously to the Committee on Over-
States generally. Federal laws; and sight and Reform and the Committee
(17) Public works for the benefit (B) conditions and circumstances on House Administration.
of navigation, including bridges that may indicate the necessity or (2) In developing the plan, the chair
and dams (other than international desirability of enacting new or ad- of each committee shall, to the max-
bridges and dams). ditional legislation; and imum extent feasible—
(18) Related transportation regu- (2) its formulation, consideration, (A) consult with other committees
latory agencies (except the Trans- and enactment of changes in Federal that have jurisdiction over the same
portation Security Administra- laws, and of such additional legisla- or related laws, programs, or agen-
tion). tion as may be necessary or appro- cies with the objective of ensuring
(19) Roads and the safety thereof. priate. maximum coordination and coopera-
(20) Transportation, including (b)(1) In order to determine whether tion among committees when con-
civil aviation, railroads, water laws and programs addressing subjects ducting reviews of such laws, pro-
transportation, transportation within the jurisdiction of a committee grams, or agencies and include in the
safety (except automobile safety are being implemented and carried out plan an explanation of steps that
and transportation security func- in accordance with the intent of Con- have been or will be taken to ensure
tions of the Department of Home- gress and whether they should be con- such coordination and cooperation;
land Security), transportation in- tinued, curtailed, or eliminated, each (B) review specific problems with
frastructure, transportation labor, standing committee (other than the Federal rules, regulations, statutes,
and railroad retirement and unem- Committee on Appropriations) shall re- and court decisions that are ambig-
ployment (except revenue measures view and study on a continuing basis— uous, arbitrary, or nonsensical, or
related thereto). (A) the application, administration, that impose severe financial burdens
(21) Water power. execution, and effectiveness of laws on individuals;
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RULES OF THE
Rule X, clause 2 Rule X, clause 4

(C) give priority consideration to tration, intelligence activities relating open session, except when the com-
including in the plan the review of to foreign policy, international finan- mittee, in open session and with a
those laws, programs, or agencies op- cial and monetary organizations, and quorum present, determines by record
erating under permanent budget au- international fishing agreements. vote that the testimony to be taken at
thority or permanent statutory au- (g)(1) The Committee on Homeland that hearing on that day may be re-
thority; Security shall review and study on a lated to a matter of national security.
(D) have a view toward ensuring continuing basis all Government ac- The committee may by the same proce-
that all significant laws, programs, tivities relating to homeland security, dure close one subsequent day of hear-
or agencies within the committee’s including the interaction of all depart- ing. A transcript of all such hearings
jurisdiction are subject to review ments and agencies with the Depart- shall be printed and a copy thereof fur-
every 10 years; and ment of Homeland Security. nished to each Member, Delegate, and
(E) have a view toward insuring (2) In addition, the committee shall the Resident Commissioner.
against duplication of Federal pro- review and study on a primary and con- (D) A hearing under subdivision (A),
grams. tinuing basis all Government activi- or any part thereof, may be held before
(3) Not later than April 15 in the first ties, programs and organizations re- a joint meeting of the committee and
session of a Congress, after consulta- lated to homeland security that fall the Committee on Appropriations of
tion with the Speaker, the Majority within its primary legislative jurisdic- the Senate in accordance with such
Leader, and the Minority Leader, the tion. procedures as the two committees
Committee on Oversight and Reform (h) The Committee on Natural Re- jointly may determine.
shall report to the House the oversight sources shall review and study on a (2) Pursuant to section 401(b)(2) of
plans submitted under subparagraph (1) continuing basis laws, programs, and the Congressional Budget Act of 1974,
together with any recommendations Government activities relating to Na- when a committee reports a bill or
that it, or the House leadership group tive Americans. joint resolution that provides new enti-
described above, may make to ensure (i) The Committee on Oversight and tlement authority as defined in section
the most effective coordination of Reform shall review and study on a 3(9) of that Act, and enactment of the
oversight plans and otherwise to continuing basis the operation of Gov- bill or joint resolution, as reported,
achieve the objectives of this clause. ernment activities at all levels, includ- would cause a breach of the commit-
(e) The Speaker, with the approval of ing the Executive Office of the Presi- tee’s pertinent allocation of new bud
the House, may appoint special ad hoc dent. get authority under section 302(a) of
oversight committees for the purpose (j) The Committee on Rules shall re- that Act, the bill or joint resolution
of reviewing specific matters within view and study on a continuing basis may be referred to the Committee on
the jurisdiction of two or more stand- the congressional budget process, and Appropriations with instructions to re-
ing committees. the committee shall report its findings port it with recommendations (which
and recommendations to the House may include an amendment limiting
Special oversight functions the total amount of new entitlement
from time to time.
3. (a) The Committee on Appropria- (k) The Committee on Science, authority provided in the bill or joint
tions shall conduct such studies and Space, and Technology shall review resolution). If the Committee on Ap-
examinations of the organization and and study on a continuing basis laws, propriations fails to report a bill or
operation of executive departments programs, and Government activities joint resolution so referred within 15
and other executive agencies (including relating to nonmilitary research and calendar days (not counting any day on
an agency the majority of the stock of development. which the House is not in session), the
which is owned by the United States) (l) The Committee on Small Business committee automatically shall be dis-
as it considers necessary to assist it in shall study and investigate on a con- charged from consideration of the bill
the determination of matters within tinuing basis the problems of all types or joint resolution, and the bill or joint
its jurisdiction. of small business. resolution shall be placed on the appro-
(b) The Committee on Armed Serv- (m) The Permanent Select Com- priate calendar.
ices shall review and study on a con- mittee on Intelligence shall review and (3) In addition, the Committee on Ap-
tinuing basis laws, programs, and Gov- study on a continuing basis laws, pro- propriations shall study on a con-
ernment activities relating to inter- grams, and activities of the intel- tinuing basis those provisions of law
national arms control and disar- ligence community and shall review that (on the first day of the first fiscal
mament and the education of military and study on an exclusive basis the year for which the congressional budg-
dependents in schools. sources and methods of entities de- et process is effective) provide spending
(c) The Committee on the Budget scribed in clause 11(b)(1)(A). authority or permanent budget author-
shall study on a continuing basis the ity and shall report to the House from
effect on budget outlays of relevant ex- Additional functions of committees time to time its recommendations for
isting and proposed legislation and re- 4. (a)(1)(A) The Committee on Appro- terminating or modifying such provi-
port the results of such studies to the priations shall, within 30 days after the sions.
House on a recurring basis. transmittal of the Budget to Congress (4) In the manner provided by section
(d) The Committee on Education and each year, hold hearings on the Budget 302 of the Congressional Budget Act of
Labor shall review, study, and coordi- as a whole with particular reference 1974, the Committee on Appropriations
nate on a continuing basis laws, pro- to— (after consulting with the Committee
grams, and Government activities re- (i) the basic recommendations and on Appropriations of the Senate) shall
lating to domestic educational pro- budgetary policies of the President in subdivide any allocations made to it in
grams and institutions and programs of the presentation of the Budget; and the joint explanatory statement ac-
student assistance within the jurisdic- (ii) the fiscal, financial, and eco- companying the conference report on
tion of other committees. nomic assumptions used as bases in such concurrent resolution, and
(e) The Committee on Energy and arriving at total estimated expendi- promptly report the subdivisions to the
Commerce shall review and study on a tures and receipts. House as soon as practicable after a
continuing basis laws, programs, and (B) In holding hearings under sub- concurrent resolution on the budget for
Government activities relating to nu- division (A), the committee shall re- a fiscal year is agreed to.
clear and other energy and nonmilitary ceive testimony from the Secretary of (b) The Committee on the Budget
nuclear energy research and develop- the Treasury, the Director of the Office shall—
ment including the disposal of nuclear of Management and Budget, the Chair- (1) review on a continuing basis the
waste. man of the Council of Economic Advis- conduct by the Congressional Budget
(f) The Committee on Foreign Affairs ers, and such other persons as the com- Office of its functions and duties;
shall review and study on a continuing mittee may desire. (2) hold hearings and receive testi-
basis laws, programs, and Government (C) A hearing under subdivision (A), mony from Members, Senators, Dele-
activities relating to customs adminis- or any part thereof, shall be held in gates, the Resident Commissioner,
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10
HOUSE OF REPRESENTATIVES
Rule X, clause 4 Rule X, clause 5

and such appropriate representatives (ii) shall ensure that the minority gram should be modified to provide for
of Federal departments and agencies, members and staff of the committee annual appropriations.
the general public, and national orga- are accorded equitable treatment Budget Act responsibilities
nizations as it considers desirable in with respect to notice of and a rea-
sonable opportunity to participate in (f)(1) Each standing committee shall
developing concurrent resolutions on
any proceeding conducted there- submit to the Committee on the Budg-
the budget for each fiscal year;
under. et not later than six weeks after the
(3) make all reports required of it
(C) Information secured pursuant to submission of the budget by the Presi-
by the Congressional Budget Act of dent, or at such time as the Committee
1974; the authority described in subdivision
(A) shall retain the character of dis- on the Budget may request—
(4) study on a continuing basis (A) its views and estimates with re-
those provisions of law that exempt covery until offered for admission in
evidence before the committee, at spect to all matters to be set forth in
Federal agencies or any of their ac- the concurrent resolution on the
tivities or outlays from inclusion in which time any proper objection shall
be timely. budget for the ensuing fiscal year
the Budget of the United States Gov- that are within its jurisdiction or
ernment, and report to the House (d)(1) The Committee on House Ad-
ministration shall— functions; and
from time to time its recommenda- (B) an estimate of the total
tions for terminating or modifying (A) provide policy direction for the
Chief Administrative Officer and the amounts of new budget authority,
such provisions; and budget outlays resulting there-
(5) study on a continuing basis pro- Inspector General and oversight of
the Clerk, Sergeant-at-Arms, Chief from, to be provided or authorized in
posals designed to improve and facili- all bills and resolutions within its ju-
tate the congressional budget proc- Administrative Officer, and Inspector
General; risdiction that it intends to be effec-
ess, and report to the House from tive during that fiscal year.
time to time the results of such stud- (B) oversee the management of
services provided to the House by the (2) The views and estimates sub-
ies, together with its recommenda- mitted by the Committee on Ways and
Architect of the Capitol, except those
tions; and Means under subparagraph (1) shall in-
services that lie within the jurisdic-
(6) request and evaluate continuing clude a specific recommendation, made
tion of the Committee on Transpor-
studies of tax expenditures, devise after holding public hearings, as to the
tation and Infrastructure under
methods of coordinating tax expendi- appropriate level of the public debt
clause 1(r);
tures, policies, and programs with di- (C) have the function of accepting that should be set forth in the concur-
rect budget outlays, and report the on behalf of the House a gift, except rent resolution on the budget.
results of such studies to the House as otherwise provided by law, if the Election and membership of standing
on a recurring basis. gift does not involve a duty, burden, committees
(c)(1) The Committee on Oversight or condition, or is not made depend- 5. (a)(1) The standing committees
and Reform shall— ent on some future performance by specified in clause 1 shall be elected by
(A) receive and examine reports of the House; the House within seven calendar days
the Comptroller General of the (D) promulgate regulations to after the commencement of each Con-
United States and submit to the carry out subdivision (C); and gress, from nominations submitted by
House such recommendations as it (E) establish and maintain stand- the respective party caucus or con-
considers necessary or desirable in ards for making documents publicly ference. A resolution proposing to
connection with the subject matter available in electronic form by the change the composition of a standing
of the reports; House and its committees. committee shall be privileged if offered
(B) evaluate the effects of laws en- (2) An employing office of the House by direction of the party caucus or con-
acted to reorganize the legislative may enter into a settlement of a com- ference concerned.
and executive branches of the Gov- plaint under the Congressional Ac- (2) The Committee on the Budget
ernment; and countability Act of 1995 that provides shall be composed of members as fol-
(C) study intergovernmental rela- for the payment of funds only after re- lows:
tionships between the United States ceiving the joint approval of the chair (A) Members, Delegates, or the Resi-
and the States and municipalities and ranking minority member of the dent Commissioner who are members
and between the United States and Committee on House Administration of other standing committees, includ-
international organizations of which concerning the amount of such pay- ing five from the Committee on Appro-
the United States is a member. ment. priations, five from the Committee on
(2) In addition to its duties under (e)(1) Each standing committee shall, Ways and Means, and one from the
subparagraph (1), the Committee on in its consideration of all public bills Committee on Rules;
Oversight and Reform may at any time and public joint resolutions within its (B) one Member designated by the
conduct investigations of any matter jurisdiction, ensure that appropria- elected leadership of the majority
without regard to clause 1, 2, 3, or this tions for continuing programs and ac- party; and
clause conferring jurisdiction over the tivities of the Federal Government and (C) one Member designated by the
matter to another standing committee. the government of the District of Co- elected leadership of the minority
The findings and recommendations of lumbia will be made annually to the party.
the committee in such an investigation maximum extent feasible and con- (3)(A) The Committee on Ethics shall
shall be made available to any other sistent with the nature, requirement, be composed of 10 members, five from
standing committee having jurisdic- and objective of the programs and ac- the majority party and five from the
tion over the matter involved. tivities involved. In this subparagraph minority party.
(3)(A) The Committee on Oversight programs and activities of the Federal (B) Except as permitted by subdivi-
and Reform may adopt a rule author- Government and the government of the sion (C), a member of the Committee
izing and regulating the taking of District of Columbia includes programs on Ethics may not serve on the com-
depositions by a member or counsel of and activities of any department, agen- mittee during more than three Con-
the committee, including pursuant to cy, establishment, wholly owned Gov- gresses in a period of five successive
subpoena under clause 2(m) of rule XI ernment corporation, or instrumen- Congresses (disregarding for this pur-
(which hereby is made applicable for tality of the Federal Government or of pose any service for less than a full ses-
such purpose). the government of the District of Co- sion in a Congress).
(B) A rule adopted by the committee lumbia. (C) A member of the Committee on
pursuant to this subparagraph— (2) Each standing committee shall re- Ethics may serve on the committee
(i) may provide that a deponent be view from time to time each con- during a fourth Congress in a period of
directed to subscribe an oath or affir- tinuing program within its jurisdiction five successive Congresses only as ei-
mation before a person authorized by for which appropriations are not made ther the chair or the ranking minority
law to administer the same; and annually to ascertain whether the pro- member of the committee.
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11
RULES OF THE
Rule X, clause 5 Rule X, clause 6

(4)(A) At the beginning of a Congress, the Committee on Armed Services), ing the estimated foreseeable expendi
the Speaker or a designee and the Mi- task force, special subcommittee, or tures for the respective anticipated
nority Leader or a designee each shall other subunit of a standing committee activities and programs of the com-
name 10 Members, Delegates, or the that is established for a cumulative pe- mittee, commission, or other entity
Resident Commissioner from the re- riod longer than six months in a Con- as may be appropriate to provide the
spective party of such individual who gress. House with basic estimates of the ex-
are not members of the Committee on (c) One of the members of each stand- penditures contemplated by the pri-
Ethics to be available to serve on in- ing committee shall be elected by the mary expense resolution.
vestigative subcommittees of that House, on the nomination of the major- (b) After the date of adoption by the
committee during that Congress. The ity party caucus or conference, as chair House of a primary expense resolution
lists of Members, Delegates, or the thereof. In the absence of the member for a committee, commission, or other
Resident Commissioner so named shall serving as chair, the member next in entity for a Congress, authorization for
be announced to the House. rank (and so on, as often as the case the payment of additional expenses (in-
(B) Whenever the chair and the rank- shall happen) shall act as chair. Rank cluding staff salaries) in that Congress
ing minority member of the Committee shall be determined by the order mem- may be procured by one or more sup-
on Ethics jointly determine that Mem- bers are named in resolutions electing plemental expense resolutions reported
bers, Delegates, or the Resident Com- them to the committee. In the case of by the Committee on House Adminis-
missioner named under subdivision (A) a vacancy in the elected chair of a tration, as necessary. A supplemental
should be assigned to serve on an inves- committee, the House shall elect an- expense resolution reported to the
tigative subcommittee of that com- other chair. House may not be considered in the
mittee, each of them shall select an (d)(1) Except as permitted by sub- House unless a printed report thereon
equal number of such Members, Dele- paragraph (2), a committee may have was available on the previous calendar
gates, or Resident Commissioner from not more than five subcommittees. day. For the information of the House,
the respective party of such individual (2)(A) A committee that maintains a such report shall—
to serve on that subcommittee. subcommittee on oversight may have (1) state the total amount of addi-
(b)(1) Membership on a standing com- not more than six subcommittees. tional funds to be provided to the
mittee during the course of a Congress (B) The Committee on Appropria- committee, commission, or other en-
shall be contingent on continuing tions may have not more than 13 sub- tity under the supplemental expense
membership in the party caucus or committees. resolution and the purposes for which
conference that nominated the Mem- (C) The Committee on Armed Serv- those additional funds are available;
ber, Delegate, or Resident Commis- ices may have not more than seven and
sioner concerned for election to such subcommittees. (2) state the reasons for the failure
committee. Should a Member, Dele- (D) The Committee on Foreign Af- to procure the additional funds for
gate, or Resident Commissioner cease fairs may have not more than seven
to be a member of a particular party the committee, commission, or other
subcommittees. entity by means of the primary ex-
caucus or conference, that Member, (E) The Committee on Oversight and
Delegate, or Resident Commissioner pense resolution.
Reform may have not more than seven (c) The preceding provisions of this
shall automatically cease to be a mem- subcommittees.
ber of each standing committee to clause do not apply to—
(F) The Committee on Transpor- (1) a resolution providing for the
which elected on the basis of nomina- tation and Infrastructure may have not
tion by that caucus or conference. The payment from committee salary and
more than six subcommittees. expense accounts of the House of
chair of the relevant party caucus or (e) The House shall fill a vacancy on
conference shall notify the Speaker sums necessary to pay compensation
a standing committee by election on for staff services performed for, or to
whenever a Member, Delegate, or Resi- the nomination of the respective party
dent Commissioner ceases to be a pay other expenses of, a committee,
caucus or conference. commission, or other entity at any
member of that caucus or conference.
The Speaker shall notify the chair of Expense resolutions time after the beginning of an odd-
each affected committee that the elec- 6. (a) Whenever a committee, com- numbered year and before the date of
tion of such Member, Delegate, or Resi- mission, or other entity (other than adoption by the House of the primary
dent Commissioner to the committee is the Committee on Appropriations) is expense resolution described in para-
automatically vacated under this sub- granted authorization for the payment graph (a) for that year; or
paragraph. of its expenses (including staff salaries) (2) a resolution providing each of
(2)(A) Except as specified in subdivi- for a Congress, such authorization ini- the standing committees in a Con-
sion (B), a Member, Delegate, or Resi- tially shall be procured by one primary gress additional office equipment,
dent Commissioner may not serve si- expense resolution reported by the airmail and special-delivery postage
multaneously as a member of more Committee on House Administration. stamps, supplies, staff personnel, or
than two standing committees or more A primary expense resolution may in- any other specific item for the oper-
than four subcommittees of the stand- clude a reserve fund for unanticipated ation of the standing committees,
ing committees. expenses of committees. An amount and containing an authorization for
(B)(i) Ex officio service by a chair or from such a reserve fund may be allo- the payment from committee salary
ranking minority member of a com- cated to a committee only by the ap- and expense accounts of the House of
mittee on each of its subcommittees proval of the Committee on House Ad- the expenses of any of the foregoing
under a committee rule does not count ministration. A primary expense reso- items provided by that resolution,
against the limitation on sub- lution reported to the House may not subject to and until enactment of the
committee service. be considered in the House unless a provisions of the resolution as per-
(ii) Service on an investigative sub- printed report thereon was available on manent law.
committee of the Committee on Ethics the previous calendar day. For the in- (d) From the funds made available
under paragraph (a)(4) does not count formation of the House, such report for the appointment of committee staff
against the limitation on sub- shall— by a primary or additional expense res-
committee service. (1) state the total amount of the olution, the chair of each committee
(iii) Any other exception to the limi- funds to be provided to the com- shall ensure that sufficient staff is
tations in subdivision (A) may be ap- mittee, commission, or other entity made available to each subcommittee
proved by the House on the rec- under the primary expense resolution to carry out its responsibilities under
ommendation of the relevant party for all anticipated activities and pro- the rules of the committee and that
caucus or conference. grams of the committee, commission, the minority party is treated fairly in
(C) In this subparagraph the term or other entity; and the appointment of such staff.
‘‘subcommittee’’ includes a panel (2) to the extent practicable, con- (e) Funds authorized for a committee
(other than a special oversight panel of tain such general statements regard- under this clause and clauses 7 and 8
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12
HOUSE OF REPRESENTATIVES
Rule X, clause 6 Rule X, clause 9

are for expenses incurred in the activi- Travel ber, Delegate, Resident Commissioner,
ties of the committee. 8. (a) Local currencies owned by the officer, or employee of the House au-
United States shall be made available thorized under any standing rule.
Interim funding
to the committee and its employees en- Committee staffs
7. (a) For the period beginning at gaged in carrying out their official du- 9. (a)(1) Subject to subparagraph (2)
noon on January 3 and ending at mid- ties outside the United States or its and paragraph (f), each standing com-
night on March 31 in each odd-num- territories or possessions. Appropriated mittee may appoint, by majority vote,
bered year, such sums as may be nec- funds, including those authorized under not more than 30 professional staff
essary shall be paid out of the com- this clause and clause 6, may not be ex- members to be compensated from the
mittee salary and expense accounts of pended for the purpose of defraying ex- funds provided for the appointment of
the House for continuance of necessary penses of members of a committee or committee staff by primary and addi-
investigations and studies by— its employees in a country where local tional expense resolutions. Each pro-
(1) each standing and select com- currencies are available for this pur- fessional staff member appointed under
mittee established by these rules; pose. this subparagraph shall be assigned to
and (b) The following conditions shall the chair and the ranking minority
(2) except as specified in paragraph apply with respect to travel outside the member of the committee, as the com-
(b), each select committee estab- United States or its territories or pos- mittee considers advisable.
lished by resolution. sessions: (2) Subject to paragraph (f) whenever
(b) In the case of the first session of (1) A member or employee of a a majority of the minority party mem-
a Congress, amounts shall be made committee may not receive or expend bers of a standing committee (other
available for a select committee estab- local currencies for subsistence in a than the Committee on Ethics or the
lished by resolution in the preceding country for a day at a rate in excess Permanent Select Committee on Intel-
Congress only if— of the maximum per diem set forth in ligence) so request, not more than 10
(1) a resolution proposing to rees- applicable Federal law. persons (or one-third of the total pro-
tablish such select committee is in- (2) A member or employee shall be fessional committee staff appointed
troduced in the present Congress; and reimbursed for the expenses of such under this clause, whichever is fewer)
(2) the House has not adopted a res- individual for a day at the lesser of— may be selected, by majority vote of
olution of the preceding Congress (A) the per diem set forth in ap- the minority party members, for ap-
plicable Federal law; or pointment by the committee as profes-
providing for termination of funding
for investigations and studies by (B) the actual, unreimbursed ex- sional staff members under subpara-
such select committee. penses (other than for transpor- graph (1). The committee shall appoint
tation) incurred during that day. persons so selected whose character
(c) Each committee described in
(3) Each member or employee of a and qualifications are acceptable to a
paragraph (a) shall be entitled for each
committee shall make to the chair of majority of the committee. If the com-
month during the period specified in
the committee an itemized report mittee determines that the character
paragraph (a) to 9 percent (or such less-
showing the dates each country was and qualifications of a person so se-
er percentage as may be determined by
visited, the amount of per diem fur- lected are unacceptable, a majority of
the Committee on House Administra-
nished, the cost of transportation the minority party members may se-
tion) of the total annualized amount
furnished, and funds expended for any lect another person for appointment by
made available under expense resolu-
other official purpose and shall sum- the committee to the professional staff
tions for such committee in the pre-
marize in these categories the total until such appointment is made. Each
ceding session of Congress.
foreign currencies or appropriated professional staff member appointed
(d) Payments under this clause shall funds expended. Each report shall be under this subparagraph shall be as-
be made on vouchers authorized by the filed with the chair of the committee signed to such committee business as
committee involved, signed by the not later than 60 days following the the minority party members of the
chair of the committee, except as pro- completion of travel for use in com- committee consider advisable.
vided in paragraph (e), and approved by plying with reporting requirements (b)(1) The professional staff members
the Committee on House Administra- in applicable Federal law and shall be of each standing committee—
tion. open for public inspection. (A) may not engage in any work
(e) Notwithstanding any provision of (c)(1) In carrying out the activities of other than committee business dur-
law, rule of the House, or other author- a committee outside the United States ing congressional working hours; and
ity, from noon on January 3 of the first in a country where local currencies are (B) may not be assigned a duty
session of a Congress until the election unavailable, a member or employee of other than one pertaining to com-
by the House of the committee con- a committee may not receive reim- mittee business.
cerned in that Congress, payments bursement for expenses (other than for (2)(A) Subparagraph (1) does not
under this clause shall be made on transportation) in excess of the max- apply to staff designated by a com-
vouchers signed by the ranking mem- imum per diem set forth in applicable mittee as ‘‘associate’’ or ‘‘shared’’ staff
ber of the committee as it was con- Federal law. who are not paid exclusively by the
stituted at the expiration of the pre- (2) A member or employee shall be committee, provided that the chair
ceding Congress who is a member of reimbursed for the expenses of such in- certifies that the compensation paid by
the majority party in the present Con- dividual for a day, at the lesser of— the committee for any such staff is
gress. (A) the per diem set forth in appli- commensurate with the work per-
(f)(1) The authority of a committee cable Federal law; or formed for the committee in accord-
to incur expenses under this clause (B) the actual unreimbursed ex- ance with clause 8 of rule XXIII.
shall expire upon adoption by the penses (other than for transpor- (B) The use of any ‘‘associate’’ or
House of a primary expense resolution tation) incurred during that day. ‘‘shared’’ staff by a committee other
for the committee. (3) A member or employee of a com- than the Committee on Appropriations
(2) Amounts made available under mittee may not receive reimbursement shall be subject to the review of, and to
this clause shall be expended in accord- for the cost of any transportation in any terms, conditions, or limitations
ance with regulations prescribed by the connection with travel outside the established by, the Committee on
Committee on House Administration. United States unless the member or House Administration in connection
(3) This clause shall be effective only employee actually paid for the trans- with the reporting of any primary or
insofar as it is not inconsistent with a portation. additional expense resolution.
resolution reported by the Committee (d) The restrictions respecting travel (c) Each employee on the profes-
on House Administration and adopted outside the United States set forth in sional or investigative staff of a stand-
by the House after the adoption of paragraph (c) also shall apply to travel ing committee shall be entitled to pay
these rules. outside the United States by a Mem- at a single gross per annum rate, to be
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13
RULES OF THE
Rule X, clause 9 Rule X, clause 11

fixed by the chair and that does not ex- Select and joint committees Speaker or the Minority Leader, may
ceed the maximum rate of pay as in ef- 10. (a) Membership on a select or not serve as a member of the select
fect from time to time under applicable joint committee appointed by the committee during more than four Con-
provisions of law. Speaker under clause 11 of rule I during gresses in a period of six successive
(d) Subject to appropriations hereby the course of a Congress shall be con- Congresses (disregarding for this pur-
authorized, the Committee on Appro- tingent on continuing membership in pose any service for less than a full ses-
priations may appoint by majority the party caucus or conference of sion in a Congress).
vote such staff as it determines to be which the Member, Delegate, or Resi- (B) In the case of a Member, Dele-
necessary (in addition to the clerk of dent Commissioner concerned was a gate, or Resident Commissioner ap-
the committee and assistants for the member at the time of appointment. pointed to serve as the chair or the
minority). The staff appointed under Should a Member, Delegate, or Resi- ranking minority member of the select
this paragraph, other than minority as- dent Commissioner cease to be a mem- committee, tenure on the select com-
sistants, shall possess such qualifica- ber of that caucus or conference, that mittee shall not be limited.
tions as the committee may prescribe. Member, Delegate, or Resident Com- (b)(1) There shall be referred to the
(e) A committee may not appoint to missioner shall automatically cease to select committee proposed legislation,
its staff an expert or other personnel be a member of any select or joint messages, petitions, memorials, and
detailed or assigned from a department committee to which assigned. The other matters relating to the fol-
or agency of the Government except chair of the relevant party caucus or lowing:
with the written permission of the conference shall notify the Speaker (A) The Central Intelligence Agen-
Committee on House Administration. whenever a Member, Delegate, or Resi- cy, the Director of National Intel-
dent Commissioner ceases to be a ligence, and the National Intel-
(f) If a request for the appointment of
member of a party caucus or con- ligence Program as defined in section
a minority professional staff member
ference. The Speaker shall notify the 3(6) of the National Security Act of
under paragraph (a) is made when no
chair of each affected select or joint 1947.
vacancy exists for such an appoint- (B) Intelligence and intelligence-re-
ment, the committee nevertheless may committee that the appointment of
such Member, Delegate, or Resident lated activities of all other depart-
appoint under paragraph (a) a person ments and agencies of the Govern-
selected by the minority and accept- Commissioner to the select or joint
committee is automatically vacated ment, including the tactical intel-
able to the committee. A person so ap- ligence and intelligence-related ac-
pointed shall serve as an additional under this paragraph.
(b) Each select or joint committee, tivities of the Department of De-
member of the professional staff of the fense.
committee until such a vacancy occurs other than a conference committee,
(C) The organization or reorganiza-
(other than a vacancy in the position shall comply with clause 2(a) of rule XI
tion of a department or agency of the
of head of the professional staff, by unless specifically exempted by law.
Government to the extent that the
whatever title designated), at which Permanent Select Committee on organization or reorganization re-
time that person is considered as ap- Intelligence lates to a function or activity involv-
pointed to that vacancy. Such a person 11. (a)(1) There is established a Per- ing intelligence or intelligence-re-
shall be paid from the applicable ac- manent Select Committee on Intel- lated activities.
counts of the House described in clause ligence (hereafter in this clause re- (D) Authorizations for appropria-
1(k)(1) of rule X. If such a vacancy oc- ferred to as the ‘‘select committee’’). tions, both direct and indirect, for
curs on the professional staff when The select committee shall be com- the following:
seven or more persons have been so ap- posed of not more than 22 Members, (i) The Central Intelligence Agen-
pointed who are eligible to fill that va- Delegates, or the Resident Commis- cy, the Director of National Intel-
cancy, a majority of the minority sioner, of whom not more than 13 may ligence, and the National Intel-
party members shall designate which be from the same party. The select ligence Program as defined in sec-
of those persons shall fill the vacancy. committee shall include at least one tion 3(6) of the National Security
(g) Each staff member appointed pur- Member, Delegate, or the Resident Act of 1947.
suant to a request by minority party Commissioner from each of the fol- (ii) Intelligence and intelligence-
members under paragraph (a), and each lowing committees: related activities of all other de-
staff member appointed to assist mi- (A) the Committee on Appropria- partments and agencies of the Gov-
nority members of a committee pursu- tions; ernment, including the tactical in-
ant to an expense resolution described (B) the Committee on Armed Serv- telligence and intelligence-related
in clause 6(a), shall be accorded equi- ices; activities of the Department of De-
table treatment with respect to the fix- (C) the Committee on Foreign Af- fense.
ing of the rate of pay, the assignment fairs; and (iii) A department, agency, sub-
of work facilities, and the accessibility (D) the Committee on the Judici- division, or program that is a suc-
of committee records. ary. cessor to an agency or program
(h) Paragraph (a) may not be con- (2) The Speaker and the Minority named or referred to in (i) or (ii).
strued to authorize the appointment of Leader shall be ex officio members of (2) Proposed legislation initially re-
additional professional staff members the select committee but shall have no ported by the select committee (other
of a committee pursuant to a request vote in the select committee and may than provisions solely involving mat-
under paragraph (a) by the minority not be counted for purposes of deter- ters specified in subparagraph (1)(A) or
party members of that committee if 10 mining a quorum thereof. subparagraph (1)(D)(i)) containing any
or more professional staff members (3) The Speaker and Minority Leader matter otherwise within the jurisdic-
provided for in paragraph (a)(1) who are each may designate a respective lead- tion of a standing committee shall be
satisfactory to a majority of the mi- ership staff member to assist in the ca- referred by the Speaker to that stand-
nority party members are otherwise as- pacity of the Speaker or Minority ing committee. Proposed legislation
signed to assist the minority party Leader as ex officio member, with the initially reported by another com-
members. same access to committee meetings, mittee that contains matter within the
(i) Notwithstanding paragraph (a)(2), hearings, briefings, and materials as jurisdiction of the select committee
a committee may employ nonpartisan employees of the select committee and shall be referred by the Speaker to the
staff, in lieu of or in addition to com- subject to the same security clearance select committee if requested by the
mittee staff designated exclusively for and confidentiality requirements as chair of the select committee.
the majority or minority party, by an employees of the select committee (3) Nothing in this clause shall be
affirmative vote of a majority of the under this clause. construed as prohibiting or otherwise
members of the majority party and of a (4)(A) Except as permitted by sub- restricting the authority of any other
majority of the members of the minor- division (B), a Member, Delegate, or committee to study and review an in-
ity party. Resident Commissioner, other than the telligence or intelligence-related activ-
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14
HOUSE OF REPRESENTATIVES
Rule X, clause 11 Rule X, clause 11

ity to the extent that such activity di- taking testimony or receiving evi- the select committee shall notify the
rectly affects a matter otherwise with- dence, the select committee may vote President of such vote.
in the jurisdiction of that committee. to close a hearing whenever a majority (B) The select committee may dis-
(4) Nothing in this clause shall be of those present determines that the close publicly such information after
construed as amending, limiting, or testimony or evidence would endanger the expiration of a five-day period fol-
otherwise changing the authority of a the national security. lowing the day on which notice of the
standing committee to obtain full and (e) An employee of the select com- vote to disclose is transmitted to the
prompt access to the product of the in- mittee, or a person engaged by con- President unless, before the expiration
telligence and intelligence-related ac- tract or otherwise to perform services of the five-day period, the President,
tivities of a department or agency of for or at the request of the select com- personally in writing, notifies the se-
the Government relevant to a matter mittee, may not be given access to any lect committee that the President ob-
otherwise within the jurisdiction of classified information by the select jects to the disclosure of such informa-
that committee. committee unless such employee or tion, provides reasons therefor, and
(c)(1) For purposes of accountability person has— certifies that the threat to the na-
to the House, the select committee (1) agreed in writing and under tional interest of the United States
shall make regular and periodic reports oath to be bound by the Rules of the posed by the disclosure is of such grav-
to the House on the nature and extent House, including the jurisdiction of ity that it outweighs any public inter-
of the intelligence and intelligence-re- the Committee on Ethics and of the est in the disclosure.
lated activities of the various depart- select committee concerning the se- (C) If the President, personally in
ments and agencies of the United curity of classified information dur- writing, notifies the select committee
States. The select committee shall ing and after the period of the em- of objections to the disclosure of infor-
promptly call to the attention of the ployment or contractual agreement mation as provided in subdivision (B),
House, or to any other appropriate of such employee or person with the the select committee may, by majority
committee, a matter requiring the at- select committee; and vote, refer the question of the disclo-
tention of the House or another com- sure of such information, with a rec-
(2) received an appropriate security
mittee. In making such report, the se- ommendation thereon, to the House.
clearance, as determined by the se-
lect committee shall proceed in a man- The select committee may not publicly
lect committee in consultation with
ner consistent with paragraph (g) to disclose such information without
the Director of National Intelligence,
protect national security. leave of the House.
that is commensurate with the sensi-
(2) The select committee shall obtain (D) Whenever the select committee
tivity of the classified information to
annual reports from the Director of Na- votes to refer the question of disclosure
which such employee or person will of any information to the House under
tional Intelligence, the Director of the
be given access by the select com- subdivision (C), the chair shall, not
Central Intelligence Agency, the Sec-
retary of Defense, the Secretary of mittee. later than the first day on which the
State, and the Director of the Federal (f) The select committee shall formu- House is in session following the day
Bureau of Investigation. Such reports late and carry out such rules and pro- on which the vote occurs, report the
shall review the intelligence and intel- cedures as it considers necessary to matter to the House for its consider-
ligence-related activities of the agency prevent the disclosure, without the ation.
or department concerned and the intel- consent of each person concerned, of (E) If the chair of the select com-
ligence and intelligence-related activi- information in the possession of the se- mittee does not offer in the House a
ties of foreign countries directed at the lect committee that unduly infringes motion to consider in closed session a
United States or its interests. An un- on the privacy or that violates the con- matter reported under subdivision (D)
classified version of each report may be stitutional rights of such person. Noth- within four calendar days on which the
made available to the public at the dis- ing herein shall be construed to pre- House is in session after the rec-
cretion of the select committee. Noth- vent the select committee from pub- ommendation described in subdivision
ing herein shall be construed as requir- licly disclosing classified information (C) is reported, then such a motion
ing the public disclosure in such re- in a case in which it determines that shall be privileged when offered by a
ports of the names of persons engaged national interest in the disclosure of Member, Delegate, or Resident Com-
in intelligence or intelligence-related classified information clearly out- missioner. In either case such a motion
activities for the United States or the weighs any infringement on the pri- shall be decided without debate or in-
divulging of intelligence methods em- vacy of a person. tervening motion except one that the
ployed or the sources of information on (g)(1) The select committee may dis- House adjourn.
which the reports are based or the close publicly any information in its (F) Upon adoption by the House of a
amount of funds authorized to be ap- possession after a determination by the motion to resolve into closed session as
propriated for intelligence and intel- select committee that the public inter- described in subdivision (E), the Speak-
ligence-related activities. est would be served by such disclosure. er may declare a recess subject to the
(3) Within six weeks after the Presi- With respect to the disclosure of infor- call of the Chair. At the expiration of
dent submits a budget under section mation for which this paragraph re- the recess, the pending question, in
1105(a) of title 31, United States Code, quires action by the select com- closed session, shall be, ‘‘Shall the
or at such time as the Committee on mittee— House approve the recommendation of
the Budget may request, the select (A) the select committee shall the select committee?’’.
committee shall submit to the Com- meet to vote on the matter within (G) Debate on the question described
mittee on the Budget the views and es- five days after a member of the select in subdivision (F) shall be limited to
timates described in section 301(d) of committee requests a vote; and two hours equally divided and con-
the Congressional Budget Act of 1974 (B) a member of the select com- trolled by the chair and ranking minor-
regarding matters within the jurisdic- mittee may not make such a disclo- ity member of the select committee.
tion of the select committee. sure before a vote by the select com- After such debate the previous ques-
(d)(1) Except as specified in subpara- mittee on the matter, or after a vote tion shall be considered as ordered on
graph (2), clauses 8(a), (b), and (c) and by the select committee on the mat- the question of approving the rec-
9(a), (b), and (c) of this rule, and ter except in accordance with this ommendation without intervening mo-
clauses 1, 2, and 4 of rule XI shall apply paragraph. tion except one motion that the House
to the select committee to the extent (2)(A) In a case in which the select adjourn. The House shall vote on the
not inconsistent with this clause. committee votes to disclose publicly question in open session but without
(2) Notwithstanding the requirements any information that has been classi- divulging the information with respect
of the first sentence of clause 2(g)(2) of fied under established security proce- to which the vote is taken. If the rec-
rule XI, in the presence of the number dures, that has been submitted to it by ommendation of the select committee
of members required under the rules of the executive branch, and that the ex- is not approved, then the question is
the select committee for the purpose of ecutive branch requests be kept secret, considered as recommitted to the se-
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15
RULES OF THE
Rule X, clause 11 Rule XI, clause 1

lect committee for further rec- tions, or an amendment thereto, or a ment, or office within the Federal Gov-
ommendation. conference report thereon, to, or for ernment.
(3)(A) Information in the possession use of, a department or agency of the (3) For purposes of this clause, ref-
of the select committee relating to the United States to carry out any of the erence to a department, agency, bu-
lawful intelligence or intelligence-re- following activities, unless the funds reau, or subdivision shall include a ref-
lated activities of a department or shall previously have been authorized erence to any successor department,
agency of the United States that has by a bill or joint resolution passed by agency, bureau, or subdivision to the
been classified under established secu- the House during the same or preceding extent that a successor engages in in-
rity procedures, and that the select fiscal year to carry out such activity telligence or intelligence-related ac-
committee has determined should not for such fiscal year: tivities now conducted by the depart-
be disclosed under subparagraph (1) or (1) The activities of the Director of ment, agency, bureau, or subdivision
(2), may not be made available to any National Intelligence and the Office referred to in this clause.
person by a Member, Delegate, Resi- of the Director of National Intel- (k) Clause 12(a) of rule XXII does not
dent Commissioner, officer, or em- ligence. apply to meetings of a conference com-
ployee of the House except as provided (2) The activities of the Central In- mittee respecting legislation (or any
in subdivision (B). telligence Agency. part thereof) reported by the Perma-
(B) The select committee shall, under (3) The activities of the Defense In- nent Select Committee on Intelligence.
such regulations as it may prescribe, telligence Agency. RULE XI
make information described in subdivi- (4) The activities of the National PROCEDURES OF COMMITTEES AND
sion (A) available to a committee or a Security Agency. UNFINISHED BUSINESS
Member, Delegate, or Resident Com- (5) The intelligence and intel-
missioner, and permit a Member, Dele- In general
ligence-related activities of other
gate, or Resident Commissioner to at- agencies and subdivisions of the De- 1. (a)(1)(A) The Rules of the House
tend a hearing of the select committee partment of Defense. are the rules of its committees and
that is closed to the public. Whenever subcommittees so far as applicable.
(6) The intelligence and intel-
the select committee makes such infor- (B) Each subcommittee is a part of
ligence-related activities of the De-
mation available, it shall keep a writ- its committee and is subject to the au-
partment of State.
ten record showing, in the case of par- thority and direction of that com-
ticular information, which committee (7) The intelligence and intel-
mittee and to its rules, so far as appli-
or which Member, Delegate, or Resi- ligence-related activities of the Fed-
cable.
dent Commissioner received the infor- eral Bureau of Investigation.
(2)(A) In a committee or sub-
mation. A Member, Delegate, or Resi- (8) The intelligence and intel-
committee—
dent Commissioner who, and a com- ligence-related activities of all other (i) a motion to recess from day to
mittee that, receives information departments and agencies of the ex- day, or to recess subject to the call of
under this subdivision may not disclose ecutive branch. the Chair (within 24 hours), shall be
the information except in a closed ses- (j)(1) In this clause the term ‘‘intel- privileged; and
sion of the House. ligence and intelligence-related activi- (ii) a motion to dispense with the
(4) The Committee on Ethics shall in- ties’’ includes— first reading (in full) of a bill or reso-
vestigate any unauthorized disclosure (A) the collection, analysis, produc- lution shall be privileged if printed
of intelligence or intelligence-related tion, dissemination, or use of infor- copies are available.
information by a Member, Delegate, mation that relates to a foreign (B) A motion accorded privilege
Resident Commissioner, officer, or em- country, or a government, political under this subparagraph shall be de-
ployee of the House in violation of sub- group, party, military force, move- cided without debate.
paragraph (3) and report to the House ment, or other association in a for- (b)(1) Each committee may conduct
concerning any allegation that it finds eign country, and that relates to the at any time such investigations and
to be substantiated. defense, foreign policy, national se- studies as it considers necessary or ap-
(5) Upon the request of a person who curity, or related policies of the propriate in the exercise of its respon-
is subject to an investigation described United States and other activity in sibilities under rule X. Subject to the
in subparagraph (4), the Committee on support of the collection, analysis, adoption of expense resolutions as re-
Ethics shall release to such person at production, dissemination, or use of quired by clause 6 of rule X, each com-
the conclusion of its investigation a such information; mittee may incur expenses, including
summary of its investigation, together (B) activities taken to counter travel expenses, in connection with
with its findings. If, at the conclusion similar activities directed against such investigations and studies.
of its investigation, the Committee on the United States; (2) A proposed investigative or over-
Ethics determines that there has been (C) covert or clandestine activities sight report shall be considered as read
a significant breach of confidentiality affecting the relations of the United in committee if it has been available to
or unauthorized disclosure by a Mem- States with a foreign government, the members for at least 24 hours (ex-
ber, Delegate, Resident Commissioner, political group, party, military force, cluding Saturdays, Sundays, or legal
officer, or employee of the House, it movement, or other association; holidays except when the House is in
shall report its findings to the House (D) the collection, analysis, produc- session on such a day).
and recommend appropriate action. tion, dissemination, or use of infor- (3) A report of an investigation or
Recommendations may include cen- mation about activities of persons study conducted jointly by more than
sure, removal from committee mem- within the United States, its terri- one committee may be filed jointly,
bership, or expulsion from the House, tories and possessions, or nationals provided that each of the committees
in the case of a Member, or removal of the United States abroad whose complies independently with all re-
from office or employment or punish- political and related activities pose, quirements for approval and filing of
ment for contempt, in the case of an of- or may be considered by a depart- the report.
ficer or employee. ment, agency, bureau, office, divi- (4) After an adjournment sine die of
(h) The select committee may permit sion, instrumentality, or employee of the last regular session of a Congress,
a personal representative of the Presi- the United States to pose, a threat to an investigative or oversight report
dent, designated by the President to the internal security of the United may be filed with the Clerk at any
serve as a liaison to the select com- States; and time, provided that a member who
mittee, to attend any closed meeting of (E) covert or clandestine activities gives timely notice of intention to file
the select committee. directed against persons described in supplemental, minority, additional, or
(i) Subject to the Rules of the House, subdivision (D). dissenting views shall be entitled to
funds may not be appropriated for a fis- (2) In this clause the term ‘‘depart- not less than seven calendar days in
cal year, with the exception of a bill or ment or agency’’ includes any organi- which to submit such views for inclu-
joint resolution continuing appropria- zation, committee, council, establish- sion in the report.
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16
HOUSE OF REPRESENTATIVES
Rule XI, clause 1 Rule XI, clause 2

(c) Each committee may have printed tion in the Congressional Record not shall preside during the absence of the
and bound such testimony and other later than 60 days after the chair of the chair from any meeting. If the chair
data as may be presented at hearings committee is elected in each odd-num- and vice chair of a committee or sub-
held by the committee or its sub- bered year. committee are not present at any
committees. All costs of stenographic (3) A committee may adopt a rule meeting of the committee or sub-
services and transcripts in connection providing that the chair be directed to committee, the ranking majority mem-
with a meeting or hearing of a com- offer a motion under clause 1 of rule ber who is present shall preside at that
mittee shall be paid from the applica- XXII whenever the chair considers it meeting.
ble accounts of the House described in appropriate.
clause 1(k)(1) of rule X. Committee records
Regular meeting days
(d)(1) Not later than January 2 of (e)(1)(A) Each committee shall keep a
(b) Each standing committee shall
each odd-numbered year, a committee complete record of all committee ac-
establish regular meeting days for the
shall submit to the House a report on conduct of its business, which shall be tion which shall include—
the activities of that committee. not less frequent than monthly. Each (i) in the case of a meeting or hear-
(2) Such report shall include— such committee shall meet for the con- ing transcript, a substantially ver-
(A) separate sections summarizing sideration of a bill or resolution pend- batim account of remarks actually
the legislative and oversight activi- ing before the committee or the trans- made during the proceedings, subject
ties of that committee under this action of other committee business on only to technical, grammatical, and
rule and rule X during the Congress; all regular meeting days fixed by the typographical corrections authorized
(B) a summary of the oversight committee if notice is given pursuant by the person making the remarks
plans submitted by the committee to paragraph (g)(3). involved; and
under clause 2(d) of rule X; (ii) a record of the votes on any
(C) a summary of the actions taken Additional and special meetings
question on which a record vote is
and recommendations made with re- (c)(1) The chair of each standing com- taken.
spect to the oversight plans specified mittee may call and convene, as the (B)(i) Except as provided in subdivi-
in subdivision (B); chair considers necessary, additional sion (B)(ii) and subject to paragraph
(D) a summary of any additional and special meetings of the committee (k)(7), the result of each such record
oversight activities undertaken by for the consideration of a bill or resolu- vote shall be made available by the
that committee and any rec- tion pending before the committee or committee for inspection by the public
ommendations made or actions taken for the conduct of other committee at reasonable times in its offices and
thereon; and business, subject to such rules as the also made publicly available in elec-
(E) a delineation of any hearings committee may adopt. The committee tronic form within 48 hours of such
held pursuant to clauses 2(n), (o), or shall meet for such purpose under that record vote. Information so available
(p) of this rule. call of the chair. shall include a description of the
(3) After an adjournment sine die of (2) Three or more members of a amendment, motion, order, or other
the last regular session of a Congress, standing committee may file in the of- proposition, the name of each member
or after December 15 of an even-num- fices of the committee a written re- voting for and each member voting
bered year, whichever occurs first, the quest that the chair call a special against such amendment, motion,
chair of a committee may file the re- meeting of the committee. Such re- order, or proposition, and the names of
port described in subparagraph (1) with quest shall specify the measure or mat- those members of the committee
the Clerk at any time and without ap- ter to be considered. Immediately upon present but not voting.
proval of the committee, provided the filing of the request, the clerk of (ii) The result of any record vote
that— the committee shall notify the chair of taken in executive session in the Com-
(A) a copy of the report has been the filing of the request. If the chair mittee on Ethics may not be made
available to each member of the com- does not call the requested special available for inspection by the public
mittee for at least seven calendar meeting within three calendar days without an affirmative vote of a major-
days; and after the filing of the request (to be ity of the members of the committee.
(B) the report includes any supple- held within seven calendar days after
(2)(A) Except as provided in subdivi-
mental, minority, additional, or dis- the filing of the request) a majority of
sion (B), all committee records (includ-
senting views submitted by a member the members of the committee may file
ing hearings, data, charts, and files)
of the committee. in the offices of the committee their
shall be kept separate and distinct
Adoption of written rules written notice that a special meeting
from the congressional office records of
of the committee will be held. The
2. (a)(1) Each standing committee the member serving as its chair. Such
written notice shall specify the date
shall adopt written rules governing its records shall be the property of the
and hour of the special meeting and the
procedure. Such rules— House, and each Member, Delegate, and
measure or matter to be considered.
(A) shall be adopted in a meeting the Resident Commissioner shall have
The committee shall meet on that date
that is open to the public unless the access thereto.
and hour. Immediately upon the filing
committee, in open session and with (B) A Member, Delegate, or Resident
of the notice, the clerk of the com-
a quorum present, determines by Commissioner, other than members of
mittee shall notify all members of the
record vote that all or part of the the Committee on Ethics, may not
committee that such special meeting
meeting on that day shall be closed have access to the records of that com-
will be held and inform them of its date
to the public; mittee respecting the conduct of a
and hour and the measure or matter to
(B) may not be inconsistent with Member, Delegate, Resident Commis-
be considered. Such notice shall also be
the Rules of the House or with those sioner, officer, or employee of the
made publicly available in electronic
provisions of law having the force House without the specific prior per-
form and shall be deemed to satisfy
and effect of Rules of the House; mission of that committee.
paragraph (g)(3)(A)(ii). Only the meas-
(C) shall in any event incorporate (3) Each committee shall include in
ure or matter specified in that notice
all of the succeeding provisions of its rules standards for availability of
may be considered at that special
this clause to the extent applicable; records of the committee delivered to
meeting.
and the Archivist of the United States
(D) shall include provisions to gov- Temporary absence of chair under rule VII. Such standards shall
ern the implementation of clause 4 as (d) A member of the majority party specify procedures for orders of the
provided in paragraph (f) of such on each standing committee or sub- committee under clause 3(b)(3) and
clause. committee thereof shall be designated clause 4(b) of rule VII, including a re-
(2) Each committee shall make its by the chair of the full committee as quirement that nonavailability of a
rules publicly available in electronic the vice chair of the committee or sub- record for a period longer than the pe-
form and submit such rules for publica- committee, as the case may be, and riod otherwise applicable under that
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17
RULES OF THE
Rule XI, clause 2 Rule XI, clause 2

rule shall be approved by vote of the enforcement information, or would vio- promptly in the Daily Digest and made
committee. late a law or rule of the House. publicly available in electronic form.
(4) Each committee shall make its (B) Notwithstanding the require- (D) This subparagraph and subpara-
publications available in electronic ments of subdivision (A), in the pres- graph (4) shall not apply to the Com-
form to the maximum extent feasible. ence of the number of members re- mittee on Rules.
(5) To the maximum extent prac- quired under the rules of the com- (4) At least 24 hours prior to the com-
ticable, each committee shall— mittee for the purpose of taking testi- mencement of a meeting for the mark-
(A) provide audio and video cov- mony, a majority of those present up of legislation, or at the time of an
erage of each hearing or meeting for may— announcement under subparagraph
the transaction of business in a man- (i) agree to close the hearing for (3)(B) made within 24 hours before such
ner that allows the public to easily the sole purpose of discussing wheth- meeting, the chair of the committee
listen to and view the proceedings; er testimony or evidence to be re- shall cause the text of such legislation
and ceived would endanger national secu- to be made publicly available in elec-
(B) maintain the recordings of such rity, would compromise sensitive law tronic form.
coverage in a manner that is easily enforcement information, or would (5)(A) Each committee shall, to the
accessible to the public. violate clause 2(k)(5); or greatest extent practicable, require
(6) Not later than 24 hours after the (ii) agree to close the hearing as witnesses who appear before it to sub-
adoption of any amendment to a meas- provided in clause 2(k)(5). mit in advance written statements of
ure or matter considered by a com- (C) A Member, Delegate, or Resident proposed testimony and to limit their
mittee, the chair of such committee Commissioner may not be excluded initial presentations to the committee
shall cause the text of each such from nonparticipatory attendance at a to brief summaries thereof.
amendment to be made publicly avail- hearing of a committee or sub- (B) In the case of a witness appearing
able in electronic form. committee (other than the Committee in a nongovernmental capacity, a writ-
on Ethics or its subcommittees) unless ten statement of proposed testimony
Prohibition against proxy voting the House by majority vote authorizes shall include a curriculum vitae and a
(f) A vote by a member of a com- a particular committee or sub-
disclosure of any Federal grants or
mittee or subcommittee with respect committee, for purposes of a particular
contracts, or contracts or payments
to any measure or matter may not be series of hearings on a particular arti-
originating with a foreign government,
cast by proxy. cle of legislation or on a particular
received during the current calendar
subject of investigation, to close its
Open meetings and hearings year or either of the two previous cal-
hearings to Members, Delegates, and
(g)(1) Each meeting for the trans- endar years by the witness or by an en-
the Resident Commissioner by the
action of business, including the mark- tity represented by the witness and re-
same procedures specified in this sub-
up of legislation, by a standing com- lated to the subject matter of the hear-
paragraph for closing hearings to the
mittee or subcommittee thereof (other ing.
public.
than the Committee on Ethics or its (D) The committee or subcommittee (C) The disclosure referred to in sub-
subcommittees) shall be open to the may vote by the same procedure de- division (B) shall include—
public, including to radio, television, scribed in this subparagraph to close (i) the amount and source of each
and still photography coverage, except one subsequent day of hearing, except Federal grant (or subgrant thereof)
when the committee or subcommittee, that the Committee on Appropriations, or contract (or subcontract thereof)
in open session and with a majority the Committee on Armed Services, the related to the subject matter of the
present, determines by record vote that Committee on Homeland Security, and hearing; and
all or part of the remainder of the the Permanent Select Committee on (ii) the amount and country of ori-
meeting on that day shall be in execu- Intelligence, and the subcommittees gin of any payment or contract re-
tive session because disclosure of mat- thereof, may vote by the same proce- lated to the subject matter of the
ters to be considered would endanger dure to close up to five additional, con- hearing originating with a foreign
national security, would compromise secutive days of hearings. government.
sensitive law enforcement information, (3)(A) The chair of a committee shall (D) Such statements, with appro-
would tend to defame, degrade, or in- announce the date, place, and subject priate redactions to protect the pri-
criminate any person, or otherwise matter of— vacy or security of the witness, shall
would violate a law or rule of the (i) a committee hearing, which may be made publicly available in elec-
House. Persons, other than members of not commence earlier than one week tronic form not later than one day
the committee and such noncommittee after such notice; or after the witness appears.
Members, Delegates, Resident Commis- (ii) a committee meeting, which (6)(A) Except as provided in subdivi-
sioner, congressional staff, or depart- may not commence earlier than the sion (B), a point of order does not lie
mental representatives as the com- third calendar day (excluding Satur- with respect to a measure reported by
mittee may authorize, may not be days, Sundays, or legal holidays ex- a committee on the ground that hear-
present at a business or markup ses- cept when the House is in session on ings on such measure were not con-
sion that is held in executive session. such a day) on which members have ducted in accordance with this clause.
This subparagraph does not apply to notice thereof. (B) A point of order on the ground de-
open committee hearings, which are (B) A hearing or meeting may begin scribed in subdivision (A) may be made
governed by clause 4(a)(1) of rule X or sooner than specified in subdivision (A) by a member of the committee that re-
by subparagraph (2). in either of the following cir- ported the measure if such point of
(2)(A) Each hearing conducted by a cumstances (in which case the chair order was timely made and improperly
committee or subcommittee (other shall make the announcement specified disposed of in the committee.
than the Committee on Ethics or its in subdivision (A) at the earliest pos- (7) This paragraph does not apply to
subcommittees) shall be open to the sible time): hearings of the Committee on Appro-
public, including to radio, television, (i) the chair of the committee, with priations under clause 4(a)(1) of
and still photography coverage, except the concurrence of the ranking mi- rule X.
when the committee or subcommittee, nority member, determines that
in open session and with a majority there is good cause; or Quorum requirements
present, determines by record vote that (ii) the committee so determines by (h)(1) A measure or recommendation
all or part of the remainder of that majority vote in the presence of the may not be reported by a committee
hearing on that day shall be closed to number of members required under unless a majority of the committee is
the public because disclosure of testi- the rules of the committee for the actually present.
mony, evidence, or other matters to be transaction of business. (2) Each committee may fix the num-
considered would endanger national se- (C) An announcement made under ber of its members to constitute a
curity, would compromise sensitive law this subparagraph shall be published quorum for taking testimony and re-
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18
HOUSE OF REPRESENTATIVES
Rule XI, clause 2 Rule XI, clause 2

ceiving evidence, which may not be Hearing procedures member of the committee gives notice
less than two. (k)(1) The chair at a hearing shall an- of intention to file supplemental, mi-
(3) Each committee (other than the nounce in an opening statement the nority, additional, or dissenting views
Committee on Appropriations, the subject of the hearing. for inclusion in the report to the House
Committee on the Budget, and the (2) A copy of the committee rules and thereon, all members shall be entitled
Committee on Ways and Means) may of this clause shall be made available to not less than two additional cal-
fix the number of its members to con- to each witness on request. endar days after the day of such notice
stitute a quorum for taking any action (3) Witnesses at hearings may be ac- (excluding Saturdays, Sundays, and
other than one for which the presence companied by their own counsel for the legal holidays except when the House is
of a majority of the committee is oth- purpose of advising them concerning in session on such a day) to file such
erwise required, which may not be less their constitutional rights. written and signed views with the clerk
than one-third of the members. (4) The chair may punish breaches of of the committee.
(4)(A) Each committee may adopt a order and decorum, and of professional Power to sit and act; subpoena power
rule authorizing the chair of a com- ethics on the part of counsel, by cen- (m)(1) For the purpose of carrying
mittee or subcommittee— sure and exclusion from the hearings; out any of its functions and duties
(i) to postpone further proceedings and the committee may cite the of- under this rule and rule X (including
when a record vote is ordered on the fender to the House for contempt. any matters referred to it under clause
question of approving a measure or (5) Whenever it is asserted by a mem-
2 of rule XII), a committee or sub-
matter or on adopting an amend- ber of the committee that the evidence
committee is authorized (subject to
ment; and or testimony at a hearing may tend to
subparagraph (3)(A))—
defame, degrade, or incriminate any
(ii) to resume proceedings on a (A) to sit and act at such times and
person, or it is asserted by a witness
postponed question at any time after places within the United States,
that the evidence or testimony that
reasonable notice. whether the House is in session, has
the witness would give at a hearing
(B) A rule adopted pursuant to this recessed, or has adjourned, and to
may tend to defame, degrade, or in-
subparagraph shall provide that when hold such hearings as it considers
criminate the witness—
proceedings resume on a postponed necessary; and
(A) notwithstanding paragraph
question, notwithstanding any inter- (B) to require, by subpoena or oth-
(g)(2), such testimony or evidence
vening order for the previous question, erwise, the attendance and testimony
shall be presented in executive ses-
an underlying proposition shall remain of such witnesses and the production
sion if, in the presence of the number
subject to further debate or amend- of such books, records, correspond-
of members required under the rules
ment to the same extent as when the ence, memoranda, papers, and docu-
of the committee for the purpose of
question was postponed. ments as it considers necessary.
taking testimony, the committee de-
(2) The chair of the committee, or a
Limitation on committee sittings termines by vote of a majority of
member designated by the chair, may
those present that such evidence or
(i) A committee may not sit during a administer oaths to witnesses.
testimony may tend to defame, de-
joint session of the House and Senate (3)(A)(i) Except as provided in sub-
grade, or incriminate any person; and
or during a recess when a joint meeting division (A)(ii), a subpoena may be au-
(B) the committee shall proceed to
of the House and Senate is in progress. thorized and issued by a committee or
receive such testimony in open ses-
subcommittee under subparagraph
sion only if the committee, a major-
Calling and questioning of witnesses (1)(B) in the conduct of an investiga-
ity being present, determines that
tion or series of investigations or ac-
(j)(1) Whenever a hearing is con- such evidence or testimony will not
tivities only when authorized by the
ducted by a committee on a measure or tend to defame, degrade, or incrimi-
committee or subcommittee, a major-
matter, the minority members of the nate any person.
ity being present. The power to author-
committee shall be entitled, upon re- In either case the committee shall af-
ize and issue subpoenas under subpara-
quest to the chair by a majority of ford such person an opportunity volun-
graph (1)(B) may be delegated to the
them before the completion of the tarily to appear as a witness, and re-
chair of the committee under such
hearing, to call witnesses selected by ceive and dispose of requests from such
rules and under such limitations as the
the minority to testify with respect to person to subpoena additional wit-
committee may prescribe. Authorized
that measure or matter during at least nesses.
subpoenas shall be signed by the chair
one day of hearing thereon. (6) Except as provided in subpara-
of the committee or by a member des-
(2)(A) Subject to subdivisions (B) and graph (5), the chair shall receive and
ignated by the committee.
(C), each committee shall apply the the committee shall dispose of requests
(ii) In the case of a subcommittee of
five-minute rule during the ques- to subpoena additional witnesses.
the Committee on Ethics, a subpoena
tioning of witnesses in a hearing until (7) Evidence or testimony taken in
may be authorized and issued only by
such time as each member of the com- executive session, and proceedings con-
an affirmative vote of a majority of its
mittee who so desires has had an op- ducted in executive session, may be re-
members.
portunity to question each witness. leased or used in public sessions only
(B) A subpoena duces tecum may
(B) A committee may adopt a rule or when authorized by the committee, a
specify terms of return other than at a
motion permitting a specified number majority being present.
(8) In the discretion of the com- meeting or hearing of the committee
of its members to question a witness or subcommittee authorizing the sub-
mittee, witnesses may submit brief and
for longer than five minutes. The time poena.
pertinent sworn statements in writing
for extended questioning of a witness (C) Compliance with a subpoena
for inclusion in the record. The com-
under this subdivision shall be equal issued by a committee or sub-
mittee is the sole judge of the perti-
for the majority party and the minor- committee under subparagraph (1)(B)
nence of testimony and evidence ad-
ity party and may not exceed one hour may be enforced only as authorized or
duced at its hearing.
in the aggregate. directed by the House.
(9) A witness may obtain a transcript
(C) A committee may adopt a rule or copy of the testimony of such witness (n)(1) Each standing committee, or a
motion permitting committee staff for given at a public session or, if given at subcommittee thereof, shall hold at
its majority and minority party mem- an executive session, when authorized least one hearing during each 120-day
bers to question a witness for equal by the committee. period following the establishment of
specified periods. The time for ex- the committee on the topic of waste,
tended questioning of a witness under Supplemental, minority, additional, or fraud, abuse, or mismanagement in
this subdivision shall be equal for the dissenting views Government programs which that com-
majority party and the minority party (l) If at the time of approval of a mittee may authorize.
and may not exceed one hour in the ag- measure or matter by a committee (2) A hearing described in subpara-
gregate. (other than the Committee on Rules) a graph (1) shall include a focus on the
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19
RULES OF THE
Rule XI, clause 2 Rule XI, clause 3

most egregious instances of waste, sibilities of such individual that may established an investigative sub-
fraud, abuse, or mismanagement as have been disclosed in a committee committee or either of them has placed
documented by any report the com- investigation. on the agenda of the committee the
mittee has received from a Federal Of- (4) The committee may consider issue of whether to establish an inves-
fice of the Inspector General or the the request of a Member, Delegate, tigative subcommittee.
Comptroller General of the United Resident Commissioner, officer, or (2) Except in the case of an investiga-
States. employee of the House for an advi- tion undertaken by the committee on
(o) Each committee, or a sub- sory opinion with respect to the gen- its own initiative, the committee may
committee thereof, shall hold at least eral propriety of any current or pro- undertake an investigation relating to
one hearing in any session in which the posed conduct of such Member, Dele- the official conduct of an individual
committee has received disclaimers of gate, Resident Commissioner, officer, Member, Delegate, Resident Commis-
agency financial statements from audi- or employee. With appropriate dele- sioner, officer, or employee of the
tors of any Federal agency that the tions to ensure the privacy of the House only—
committee may authorize to hear testi- person concerned, the committee (A) upon receipt of information of-
mony on such disclaimers from rep- may publish such opinion for the fered as a complaint, in writing and
resentatives of any such agency. guidance of other Members, Dele- under oath, from a Member, Dele-
(p) Each standing committee, or a gates, the Resident Commissioner, gate, or Resident Commissioner and
subcommittee thereof, shall hold at officers, and employees of the House. transmitted to the committee by
least one hearing on issues raised by (5) The committee may consider such Member, Delegate, or Resident
reports issued by the Comptroller Gen- the request of a Member, Delegate, Commissioner;
eral of the United States indicating Resident Commissioner, officer, or (B) upon receipt of information of-
that Federal programs or operations employee of the House for a written fered as a complaint, in writing and
that the committee may authorize are waiver in exceptional circumstances under oath, from a person not a
at high risk for waste, fraud, and mis- with respect to clause 4 of rule XXIII. Member, Delegate, or Resident Com-
management, known as the ‘‘high-risk (6)(A) The committee shall offer missioner provided that a Member,
list’’ or the ‘‘high-risk series.’’ annual ethics training to each Mem- Delegate, or Resident Commissioner
ber, Delegate, Resident Commis- certifies in writing to the committee
Committee on Ethics that such Member, Delegate, or Resi-
sioner, officer, and employee of the
3. (a) The Committee on Ethics has House. Such training shall— dent Commissioner believes the in-
the following functions: (i) involve the classes of employ- formation is submitted in good faith
(1) The committee may recommend ees for whom the committee deter- and warrants the review and consid-
to the House from time to time such mines such training to be appro- eration of the committee; or
administrative actions as it may con- priate; and (C) upon receipt of a report regard-
sider appropriate to establish or en- (ii) include such knowledge of the ing a referral from the board of the
force standards of official conduct for Code of Official Conduct and re- Office of Congressional Ethics.
Members, Delegates, the Resident lated House rules as may be deter- If a complaint is not disposed of within
Commissioner, officers, and employ- mined appropriate by the com- the applicable periods set forth in the
ees of the House. A letter of reproval mittee. rules of the Committee on Ethics, the
or other administrative action of the (B)(i) A new Member, Delegate, chair and ranking minority member
committee pursuant to an investiga- Resident Commissioner, officer, or shall establish jointly an investigative
tion under subparagraph (2) shall employee of the House shall receive subcommittee and forward the com-
only be issued or implemented as a training under this paragraph not plaint, or any portion thereof, to that
part of a report required by such sub- later than 60 days after beginning subcommittee for its consideration.
paragraph. service to the House. However, if at any time during those
(2) The committee may investigate, (ii) Not later than January 31 of periods either the chair or ranking mi-
subject to paragraph (b), an alleged each year, each Member, Delegate, nority member places on the agenda
violation by a Member, Delegate, Resident Commissioner, officer, and the issue of whether to establish an in-
Resident Commissioner, officer, or employee of the House shall file a vestigative subcommittee, then an in-
employee of the House of the Code of certification with the committee vestigative subcommittee may be es-
Official Conduct or of a law, rule, that the Member, Delegate, Resident tablished only by an affirmative vote
regulation, or other standard of con- Commissioner, officer or employee of a majority of the members of the
duct applicable to the conduct of attended ethics training in the last committee.
such Member, Delegate, Resident year as established by this subpara- (3) The committee may not under-
Commissioner, officer, or employee graph. take an investigation of an alleged vio-
in the performance of the duties or (b)(1)(A) Unless approved by an af- lation of a law, rule, regulation, or
the discharge of the responsibilities firmative vote of a majority of its standard of conduct that was not in ef-
of such individual. After notice and members, the Committee on Ethics fect at the time of the alleged viola-
hearing (unless the right to a hearing may not report a resolution, report, tion. The committee may not under-
is waived by the Member, Delegate, recommendation, or advisory opinion take an investigation of such an al-
Resident Commissioner, officer, or relating to the official conduct of a leged violation that occurred before
employee), the committee shall re- Member, Delegate, Resident Commis- the third previous Congress unless the
port to the House its findings of fact sioner, officer, or employee of the committee determines that the alleged
and recommendations, if any, for the House, or, except as provided in sub- violation is directly related to an al-
final disposition of any such inves- paragraph (2), undertake an investiga- leged violation that occurred in a more
tigation and such action as the com- tion of such conduct. recent Congress.
mittee may consider appropriate in (B)(i) Upon the receipt of information (4) A member of the committee shall
the circumstances. offered as a complaint that is in com- be ineligible to participate as a mem-
(3) The committee may report to pliance with this rule and the rules of ber of the committee in a committee
the appropriate Federal or State au- the committee, the chair and ranking proceeding relating to the member’s of-
thorities, either with the approval of minority member jointly may appoint ficial conduct. Whenever a member of
the House or by an affirmative vote members to serve as an investigative the committee is ineligible to act as a
of two-thirds of the members of the subcommittee. member of the committee under the
committee, any substantial evidence (ii) The chair and ranking minority preceding sentence, the Speaker shall
of a violation by a Member, Delegate, member of the committee jointly may designate a Member, Delegate, or Resi-
Resident Commissioner, officer, or gather additional information con- dent Commissioner from the same po-
employee of the House, of a law ap- cerning alleged conduct that is the litical party as the ineligible member
plicable to the performance of the basis of a complaint or of information to act in any proceeding of the com-
duties or the discharge of the respon- offered as a complaint until they have mittee relating to that conduct.
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20
HOUSE OF REPRESENTATIVES
Rule XI, clause 3 Rule XI, clause 3

(5) A member of the committee may such subdivision unless the commit- each succeeding one-year period during
seek disqualification from partici- tee’s vote is inconsistent with the rec- which the committee has not acted on
pating in an investigation of the con- ommendation of the board. For pur- the matter.
duct of a Member, Delegate, Resident poses of the previous sentence, a vote (D) The committee may not receive
Commissioner, officer, or employee of by the committee to dismiss a matter any referral from the board of the Of-
the House upon the submission in writ- is not inconsistent with a report from fice of Congressional Ethics within 60
ing and under oath of an affidavit of the board respecting the matter as un- days before a Federal, State, or local
disqualification stating that the mem- resolved due to a tie vote. election in which the subject of the re-
ber cannot render an impartial and un- (ii) Notwithstanding subdivision ferral is a candidate. The committee
biased decision in the case in which the (A)(ii), if the board transmits a report may delay any reporting requirement
member seeks to be disqualified. If the respecting any matter with a rec- under this subparagraph that falls
committee approves and accepts such ommendation to dismiss or as unre- within that 60-day period until the end
affidavit of disqualification, the chair solved due to a tie vote, and the the of such period and in that case, for pur-
shall so notify the Speaker and request matter is extended for an additional poses of subdivision (A), days within
the Speaker to designate a Member, period as provided in subdivision (A), the 60-day period shall not be counted.
Delegate, or Resident Commissioner the committee is not required to make (E) If, at the close of any applicable
from the same political party as the a public statement that the matter has period for a reporting requirement
disqualifying member to act in any been extended. under this subparagraph with respect
proceeding of the committee relating (iii) Except as provided by subdivi- to a referral from the board of the Of-
to that case. sion (E), if the committee establishes fice of Congressional Ethics, the vote
(6) Information or testimony re- an investigative subcommittee respect- of the committee is a tie or the com-
ceived, or the contents of a complaint ing any such matter, then the report mittee fails to act, the report and the
or the fact of its filing, may not be and findings of the board shall not be findings of the board shall be made
publicly disclosed by any committee or made public until the conclusion of the public by the committee, along with a
staff member unless specifically au- investigative subcommittee process public statement by the chair explain-
thorized in each instance by a vote of and the committee shall issue a public ing the status of the matter.
the full committee. statement of the establishment of an (c)(1) Notwithstanding clause 2(g)(1)
(7) The committee shall have the investigative subcommittee, which of rule XI, each meeting of the Com-
functions designated in titles I and V statement shall include the name of mittee on Ethics or a subcommittee
of the Ethics in Government Act of the applicable Member, officer, or em- thereof shall occur in executive session
1978, in sections 7342, 7351, and 7353 of ployee, and shall set forth the alleged unless the committee or sub-
title 5, United States Code, and in violation. If any such investigative committee, by an affirmative vote of a
clause 11(g)(4) of rule X. subcommittee does not conclude its re- majority of its members, opens the
(8)(A) Except as provided by subdivi- view within one year after the board meeting to the public.
sions (B), (C), and (D), not later than 45 transmits a report respecting any mat- (2) Notwithstanding clause 2(g)(2) of
calendar days or 5 legislative days, ter, then the committee shall make rule XI, each hearing of an adjudica-
whichever is later, after receipt of a public the report and upon the expira- tory subcommittee or sanction hearing
written report and any findings and tion of the Congress in which the re- of the Committee on Ethics shall be
supporting documentation regarding a port is made public, the committee held in open session unless the com-
referral from the board of the Office of shall make public any findings. mittee or subcommittee, in open ses-
Congressional Ethics or of a referral of (C)(i) If, after receipt of a written re- sion by an affirmative vote of a major-
the matter from the board pursuant to port and any findings and supporting ity of its members, closes all or part of
a request under paragraph (r), the chair documentation regarding a referral the remainder of the hearing on that
of the Committee on Ethics shall make from the board of the Office of Congres- day to the public.
public the written report and findings sional Ethics or of a referral of the (d) Before a member, officer, or em-
of the board unless the chair and rank- matter from the board pursuant to a ployee of the Committee on Ethics, in-
ing member, acting jointly, decide or request under paragraph (r), the com- cluding members of a subcommittee of
the committee votes to withhold such mittee agrees to a request from an ap- the committee selected under clause
information for not more than one ad- propriate law enforcement or regu- 5(a)(4) of rule X and shared staff, may
ditional period of the same duration, in latory authority to defer taking action have access to information that is con-
which case the chair shall— on the matter— fidential under the rules of the com-
(i) upon the termination of such ad- (I) notwithstanding subdivision mittee, the following oath (or affirma-
ditional period, make public the (A)(i), the committee is not required tion) shall be executed:
written report and findings; and to make public the written report ‘‘I do solemnly swear (or affirm)
(ii) upon the day of such decision or and findings described in such sub- that I will not disclose, to any person
vote, make a public statement that division, except that if the rec- or entity outside the Committee on
the matter, relating to the referral ommendation of the board with re- Ethics, any information received in
made by the board of the Office of spect to the report is that the matter the course of my service with the
Congressional Ethics regarding the requires further review, the com- committee, except as authorized by
Member, officer, or employee of the mittee shall make public the written the committee or in accordance with
House who is the subject of the appli- report but not the findings; and its rules.’’
cable referral, has been extended. (II) before the end of the first day Copies of the executed oath shall be re-
At least one calendar day before the (excluding Saturdays, Sundays, and tained by the Clerk as part of the
committee makes public any written public holidays) after the day that records of the House. This paragraph
report and findings of the board, the the committee agrees to the request, establishes a standard of conduct with-
chair shall notify such board and the the committee shall make a public in the meaning of paragraph (a)(2).
applicable Member, officer, or em- statement that it is deferring taking Breaches of confidentiality shall be in-
ployee of that fact and transmit to action on the matter at the request vestigated by the Committee on Ethics
such individual a copy of the statement of such authority. and appropriate action shall be taken.
on the committee’s disposition of, and (ii) If, upon the expiration of the one- (e)(1) If a complaint or information
any committee report on, the matter. year period that begins on the date the offered as a complaint is deemed frivo-
(B)(i) Notwithstanding subdivision committee makes the public statement lous by an affirmative vote of a major-
(A)(i), if the committee votes to dis- described in item (i)(II), the committee ity of the members of the Committee
miss a matter which is the subject of a has not acted on the matter, the com- on Ethics, the committee may take
referral from the board of the Office of mittee shall make a new public state- such action as it, by an affirmative
Congressional Ethics, the committee is ment that it is still deferring taking vote of a majority of its members, con-
not required to make public the writ- action on the matter, and shall make a siders appropriate in the cir-
ten report and findings described in new statement upon the expiration of cumstances.
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21
RULES OF THE
Rule XI, clause 3 Rule XI, clause 3

(2) Complaints filed before the One by an affirmative vote of a majority of any portion thereof, in any manner
Hundred Fifth Congress may not be the members of the committee. that does not require action by the
deemed frivolous by the Committee on (4) In addition to any other staff pro- House, which may include dismissal
Ethics. vided for by law, rule, or other author- of the complaint or resolution of the
Committee agendas ity, with respect to the committee, the complaint by a letter to the Member,
chair and ranking minority member officer, or employee of the House
(f) The committee shall adopt rules against whom the complaint is made;
each may appoint one individual as a
providing that the chair shall establish (B) establish an investigative sub-
shared staff member from the respec-
the agenda for meetings of the com- committee; or
tive personal staff of the chair or rank-
mittee, but shall not preclude the (C) request that the committee ex-
ing minority member to perform serv-
ranking minority member from placing tend the applicable 45-calendar day
ice for the committee. Such shared
any item on the agenda. or five-legislative day period by one
staff may assist the chair or ranking
Committee staff minority member on any sub- additional 45-calendar day period
(g)(1) The committee shall adopt committee on which the chair or rank- when they determine more time is
rules providing that— ing minority member serves. necessary in order to make a rec-
(A) the staff be assembled and re- ommendation under subdivision (A).
Meetings and hearings
tained as a professional, nonpartisan (2) The committee shall adopt rules
staff; (h) The committee shall adopt rules providing that if the chair and ranking
(B) each member of the staff shall providing that— minority member jointly determine
be professional and demonstrably (1) all meetings or hearings of the that information submitted to the
qualified for the position for which committee or any subcommittee committee meets the requirements of
hired; thereof, other than any hearing held the rules of the committee for what
(C) the staff as a whole and each by an adjudicatory subcommittee or constitutes a complaint, and the com-
member of the staff shall perform all any sanction hearing held by the plaint is not disposed of within the ap-
official duties in a nonpartisan man- committee, shall occur in executive plicable time periods under subpara-
ner; session unless the committee or sub- graph (1), then they shall establish an
(D) no member of the staff shall en- committee by an affirmative vote of investigative subcommittee and for-
gage in any partisan political activ- a majority of its members opens the ward the complaint, or any portion
ity directly affecting any congres- meeting or hearing to the public; and thereof, to that subcommittee for its
sional or presidential election; (2) any hearing held by an adjudica- consideration. However, if, at any time
(E) no member of the staff or out- tory subcommittee or any sanction during those periods, either the chair
side counsel may accept public hearing held by the committee shall or ranking minority member places on
speaking engagements or write for be open to the public unless the com- the agenda the issue of whether to es-
publication on any subject that is in mittee or subcommittee by an af- tablish an investigative subcommittee,
any way related to the employment firmative vote of a majority of its then an investigative subcommittee
or duties with the committee of such members closes the hearing to the may be established only by an affirma-
individual without specific prior ap- public. tive vote of a majority of the members
proval from the chair and ranking Public disclosure of the committee.
minority member; and Duties of chair and ranking minority
(i) The committee shall adopt rules
(F) no member of the staff or out- member regarding information not
side counsel may make public, unless providing that, unless otherwise deter-
constituting a complaint
approved by an affirmative vote of a mined by a vote of the committee, only
the chair or ranking minority member, (l) The committee shall adopt rules
majority of the members of the com- providing that whenever the chair and
mittee, any information, document, after consultation with each other,
may make public statements regarding ranking minority member jointly de-
or other material that is confiden- termine that information submitted to
tial, derived from executive session, matters before the committee or any
subcommittee thereof. the committee does not meet the re-
or classified and that is obtained dur- quirements of the rules of the com-
ing the course of employment with Requirements to constitute a complaint
mittee for what constitutes a com-
the committee. (j) The committee shall adopt rules plaint, they may—
(2) Only subdivisions (C), (E), and (F) regarding complaints to provide that (1) return the information to the
of subparagraph (1) shall apply to whenever information offered as a com- complainant with a statement that it
shared staff. plaint is submitted to the committee, fails to meet the requirements of the
(3)(A) All staff members shall be ap- the chair and ranking minority mem- rules of the committee for what con-
pointed by an affirmative vote of a ma- ber shall have 14 calendar days or five stitutes a complaint; or
jority of the members of the com- legislative days, whichever is sooner, (2) recommend to the committee
mittee. Such vote shall occur at the to determine whether the information that it authorize the establishment
first meeting of the membership of the meets the requirements of the rules of of an investigative subcommittee.
committee during each Congress and as the committee for what constitutes a
necessary during the Congress. Investigative and adjudicatory
complaint. subcommittees
(B) Subject to the approval of the
Committee on House Administration, Duties of chair and ranking minority (m) The committee shall adopt rules
the committee may retain counsel not member regarding properly filed providing that—
employed by the House of Representa- complaints (1)(A) an investigative sub-
tives whenever the committee deter- (k)(1) The committee shall adopt committee shall be composed of four
mines, by an affirmative vote of a ma- rules providing that whenever the Members (with equal representation
jority of the members of the com- chair and ranking minority member from the majority and minority par-
mittee, that the retention of outside jointly determine that information ties) whenever such a subcommittee
counsel is necessary and appropriate. submitted to the committee meets the is established pursuant to the rules
(C) If the committee determines that requirements of the rules of the com- of the committee;
it is necessary to retain staff members mittee for what constitutes a com- (B) an adjudicatory subcommittee
for the purpose of a particular inves- plaint, they shall have 45 calendar days shall be composed of the members of
tigation or other proceeding, then such or five legislative days, whichever is the committee who did not serve on
staff shall be retained only for the du- later, after that determination (unless the pertinent investigative sub-
ration of that particular investigation the committee by an affirmative vote committee (with equal representa-
or proceeding. of a majority of its members votes oth- tion from the majority and minority
(D) Outside counsel may be dismissed erwise) to— parties) whenever such a sub-
before the end of a contract between (A) recommend to the committee committee is established pursuant to
the committee and such counsel only that it dispose of the complaint, or the rules of the committee; and
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22
HOUSE OF REPRESENTATIVES
Rule XI, clause 3 Rule XI, clause 3

(C) notwithstanding any other pro- Due process rights of respondents mation the committee has received
vision of this clause, the chair and (p) The committee shall adopt rules constitutes a complaint;
ranking minority member of the to provide that— (B) a complaint or allegation is
committee may consult with an in- transmitted to an investigative
(1) not less than 10 calendar days
vestigative subcommittee either on subcommittee;
before a scheduled vote by an inves-
their own initiative or on the initia- (C) an investigative sub-
tigative subcommittee on a state-
tive of the subcommittee, shall have committee votes to authorize its
ment of alleged violation, the sub-
access to information before a sub- first subpoena or to take testimony
committee with which they so con- committee shall provide the respond-
under oath, whichever occurs first;
sult, and shall not thereby be pre- ent with a copy of the statement of
alleged violation it intends to adopt (D) an investigative sub-
cluded from serving as full, voting committee votes to expand the
members of any adjudicatory sub- together with all evidence it intends
to use to prove those charges which scope of its investigation; or
committee; (E) the committee or an inves-
(2) at the time of appointment, the it intends to adopt, including docu-
mentary evidence, witness testi- tigative subcommittee determines
chair shall designate one member of to take into evidence the trial
a subcommittee to serve as chair and mony, memoranda of witness inter-
views, and physical evidence, unless transcript or exhibits admitted
the ranking minority member shall into evidence at a criminal trial
designate one member of the sub- the subcommittee by an affirmative
vote of a majority of its members de- pursuant to subparagraph (9);
committee to serve as the ranking (6) whenever an investigative sub-
minority member; and cides to withhold certain evidence in
committee adopts a statement of al-
order to protect a witness; but if such
(3) the chair and ranking minority leged violation and a respondent en-
evidence is withheld, the sub-
member of the committee may serve ters into an agreement with that sub-
committee shall inform the respond-
as members of an investigative sub- committee to settle a complaint on
ent that evidence is being withheld
committee, but may not serve as which that statement is based, that
and of the count to which such evi-
non-voting, ex officio members. agreement, unless the respondent re-
dence relates;
quests otherwise, shall be in writing
Standard of proof for adoption of (2) neither the respondent nor the and signed by the respondent and re-
statement of alleged violation counsel of the respondent shall, di- spondent’s counsel, the chair and
rectly or indirectly, contact the sub- ranking minority member of the sub-
(n) The committee shall adopt rules
committee or any member thereof committee, and the outside counsel,
to provide that an investigative sub-
during the period of time set forth in if any;
committee may adopt a statement of
paragraph (1) except for the sole pur- (7) statements or information de-
alleged violation only if it determines
pose of settlement discussions where rived solely from a respondent or the
by an affirmative vote of a majority of
counsel for the respondent and the counsel of a respondent during any
the members of the subcommittee that
subcommittee are present; settlement discussions between the
there is substantial reason to believe
that a violation of the Code of Official (3) if, at any time after the committee or a subcommittee there-
Conduct, or of a law, rule, regulation, issuance of a statement of alleged of and the respondent shall not be in-
or other standard of conduct applicable violation, the committee or any sub- cluded in any report of the sub-
to the performance of official duties or committee thereof determines that it committee or the committee or oth-
the discharge of official responsibilities intends to use evidence not provided erwise publicly disclosed without the
by a Member, officer, or employee of to a respondent under paragraph (1) consent of the respondent;
the House of Representatives, has oc- to prove the charges contained in the (8) whenever a motion to establish
curred. statement of alleged violation (or an investigative subcommittee does
any amendment thereof), such evi- not prevail, the committee shall
Subcommittee powers dence shall be made immediately promptly send a letter to the re-
available to the respondent, and it spondent informing the respondent of
(o)(1) The committee shall adopt
may be used in any further pro- such vote; and
rules providing that an investigative
ceeding under the rules of the com- (9) in any investigation permitted
subcommittee or an adjudicatory sub-
mittee; by House or committee rules, in addi-
committee may authorize and issue
subpoenas only when authorized by an (4) evidence provided pursuant to tion to any other evidence which the
affirmative vote of a majority of the paragraph (1) or (3) shall be made committee or an investigative sub-
members of the subcommittee. available to the respondent and the committee may consider, if the re-
(2) The committee shall adopt rules counsel of the respondent only after spondent has been convicted by a
providing that an investigative sub- each agrees, in writing, that no docu- court of record for a crime which is
committee may, upon an affirmative ment, information, or other mate- related to the subject of the inves-
vote of a majority of its members, ex- rials obtained pursuant to that para- tigation, the committee or investiga-
pand the scope of its investigation graph shall be made public until— tive subcommittee may take into
when approved by an affirmative vote (A) such time as a statement of evidence the trial transcript and all
of a majority of the members of the alleged violation is made public by exhibits admitted into evidence at
committee. the committee if the respondent the trial.
(3) The committee shall adopt rules has waived the adjudicatory hear- Committee reporting requirements
to provide that— ing; or
(q) The committee shall adopt rules
(A) an investigative subcommittee (B) the commencement of an ad- to provide that—
may, upon an affirmative vote of a judicatory hearing if the respond- (1) whenever an investigative sub-
majority of its members, amend its ent has not waived an adjudicatory committee does not adopt a state-
statement of alleged violation any- hearing; ment of alleged violation and trans-
time before the statement of alleged but the failure of respondent and the mits a report to that effect to the
violation is transmitted to the com- counsel of the respondent to so agree committee, the committee may by
mittee; and in writing, and their consequent fail- an affirmative vote of a majority of
(B) if an investigative sub- ure to receive the evidence, shall not its members transmit such report to
committee amends its statement of preclude the issuance of a statement the House of Representatives;
alleged violation, the respondent of alleged violation at the end of the (2) whenever an investigative sub-
shall be notified in writing and shall period referred to in paragraph (1); committee adopts a statement of al-
have 30 calendar days from the date (5) a respondent shall receive writ- leged violation, the respondent ad-
of that notification to file an answer ten notice whenever— mits to the violations set forth in
to the amended statement of alleged (A) the chair and ranking minor- such statement, the respondent
violation. ity member determine that infor- waives the right to an adjudicatory
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23
RULES OF THE
Rule XI, clause 3 Rule XI, clause 4

hearing, and the respondent’s waiver ings that are open to the public may be (1) If audio or visual coverage of
is approved by the committee— covered by audio and visual means— the hearing or meeting is to be pre-
(A) the subcommittee shall pre- (1) for the education, enlighten- sented to the public as live coverage,
pare a report for transmittal to the ment, and information of the general that coverage shall be conducted and
committee, a final draft of which public, on the basis of accurate and presented without commercial spon-
shall be provided to the respondent impartial news coverage, regarding sorship.
not less than 15 calendar days be- the operations, procedures, and prac- (2) The allocation among the tele-
fore the subcommittee votes on tices of the House as a legislative and vision media of the positions or the
whether to adopt the report; representative body, and regarding number of television cameras per-
(B) the respondent may submit the measures, public issues, and mitted by a committee or sub-
views in writing regarding the final other matters before the House and committee chair in a hearing or
draft to the subcommittee within its committees, the consideration meeting room shall be in accordance
seven calendar days of receipt of thereof, and the action taken there- with fair and equitable procedures
that draft; on; and devised by the Executive Committee
(C) the subcommittee shall trans- (2) for the development of the per- of the Radio and Television Cor-
mit a report to the committee re- spective and understanding of the respondents’ Galleries.
garding the statement of alleged general public with respect to the (3) Television cameras shall be
violation together with any views role and function of the House under placed so as not to obstruct in any
submitted by the respondent pursu- the Constitution as an institution of way the space between a witness giv-
ant to subdivision (B), and the com- the Federal Government. ing evidence or testimony and any
mittee shall make the report to- (b) In addition, it is the intent of this member of the committee or the visi-
gether with the respondent’s views clause that radio and television tapes bility of that witness and that mem-
available to the public before the and television film of any coverage ber to each other.
commencement of any sanction under this clause may not be used for (4) Television cameras shall oper-
hearing; and any partisan political campaign pur- ate from fixed positions but may not
(D) the committee shall by an af- pose or be made available for such use. be placed in positions that obstruct
firmative vote of a majority of its (c) It is, further, the intent of this unnecessarily the coverage of the
members issue a report and trans- clause that the general conduct of each hearing or meeting by the other
mit such report to the House of meeting (whether of a hearing or other- media.
Representatives, together with the wise) covered under authority of this (5) Equipment necessary for cov-
respondent’s views previously sub- clause by audio or visual means, and erage by the television and radio
mitted pursuant to subdivision (B) the personal behavior of the committee media may not be installed in, or re-
and any additional views respond- members and staff, other Government moved from, the hearing or meeting
ent may submit for attachment to officials and personnel, witnesses, tele- room while the committee is in ses-
the final report; and vision, radio, and press media per- sion.
(3) members of the committee shall sonnel, and the general public at the (6)(A) Except as provided in sub-
have not less than 72 hours to review hearing or other meeting, shall be in division (B), floodlights, spotlights,
any report transmitted to the com- strict conformity with and observance strobelights, and flashguns may not
mittee by an investigative sub- of the acceptable standards of dignity, be used in providing any method of
committee before both the com- propriety, courtesy, and decorum tradi- coverage of the hearing or meeting.
mencement of a sanction hearing and tionally observed by the House in its (B) The television media may in-
the committee vote on whether to operations, and may not be such as to— stall additional lighting in a hearing
adopt the report. (1) distort the objects and purposes or meeting room, without cost to the
(r) Upon receipt of any written notifi- of the hearing or other meeting or Government, in order to raise the
cation from the board of the Office of the activities of committee members ambient lighting level in a hearing or
Congressional Ethics that the board is in connection with that hearing or meeting room to the lowest level
undertaking a review of any alleged meeting or in connection with the necessary to provide adequate tele-
conduct of any Member, officer, or em- general work of the committee or of vision coverage of a hearing or meet-
ployee of the House and if the com- the House; or ing at the current state of the art of
mittee is investigating such matter, (2) cast discredit or dishonor on the television coverage.
the committee may at any time so no- House, the committee, or a Member, (7) If requests are made by more of
tify the board and request that the Delegate, or Resident Commissioner the media than will be permitted by
board cease its review and refer the or bring the House, the committee, a committee or subcommittee chair
matter to the committee for its consid- or a Member, Delegate, or Resident for coverage of a hearing or meeting
eration. If at the end of the applicable Commissioner into disrepute. by still photography, that coverage
time period (including any permissible (d) The coverage of committee hear- shall be permitted on the basis of a
extension) the committee has not ings and meetings by audio and visual fair and equitable pool arrangement
reached a final resolution of the matter means shall be permitted and con- devised by the Standing Committee
or has not referred the matter to the ducted only in strict conformity with of Press Photographers.
appropriate Federal or State authori- the purposes, provisions, and require- (8) Photographers may not position
ties, the committee shall so notify the ments of this clause. themselves between the witness table
board of the Office of Congressional (e) Whenever a hearing or meeting and the members of the committee at
Ethics in writing. The committee may conducted by a committee or sub- any time during the course of a hear-
not request the same matter from the committee is open to the public, those ing or meeting.
board more than one time. proceedings shall be open to coverage (9) Photographers may not place
(s) The committee may not take any by audio and visual means. A com- themselves in positions that obstruct
action that would deny any person any mittee or subcommittee chair may not unnecessarily the coverage of the
right or protection provided under the limit the number of television or still hearing by the other media.
Constitution of the United States. cameras to fewer than two representa- (10) Personnel providing coverage
tives from each medium (except for le- by the television and radio media
Audio and visual coverage of committee gitimate space or safety consider- shall be currently accredited to the
proceedings ations, in which case pool coverage Radio and Television Correspondents’
4. (a) The purpose of this clause is to shall be authorized). Galleries.
provide a means, in conformity with (f) Written rules adopted by each (11) Personnel providing coverage
acceptable standards of dignity, pro- committee pursuant to clause by still photography shall be cur-
priety, and decorum, by which com- 2(a)(1)(D) shall contain provisions to rently accredited to the Press Pho-
mittee hearings or committee meet- the following effect: tographers’ Gallery.
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24
HOUSE OF REPRESENTATIVES
Rule XI, clause 4 Rule XII, clause 7

(12) Personnel providing coverage (4) may refer the matter to a spe- Sponsorship
by the television and radio media and cial, ad hoc committee appointed by 7. (a) Bills, memorials, petitions, and
by still photography shall conduct the Speaker with the approval of the resolutions, endorsed with the names
themselves and their coverage activi- House, and including members of the of Members, Delegates, or the Resident
ties in an orderly and unobtrusive committees of jurisdiction, for the Commissioner introducing them, may
manner. specific purpose of considering that be delivered to the Speaker to be re-
Pay of witnesses matter and reporting to the House ferred. The titles and references of all
thereon; bills, memorials, petitions, resolutions,
5. Witnesses appearing before the (5) may subject a referral to appro-
House or any of its committees shall be and other documents referred under
priate time limitations; and this rule shall be entered on the Jour-
paid the same per diem rate as estab- (6) may make such other provision
lished, authorized, and regulated by nal and printed in the Congressional
as may be considered appropriate.
the Committee on House Administra- Record. An erroneous reference may be
(d) A bill for the payment or adju-
tion for Members, Delegates, the Resi- corrected by the House in accordance
dication of a private claim against the
dent Commissioner, and employees of with rule X on any day immediately
Government may not be referred to a
the House, plus actual expenses of trav- after the Pledge of Allegiance to the
committee other than the Committee
el to or from the place of examination. Flag by unanimous consent or motion.
on Foreign Affairs or the Committee
Such per diem may not be paid when a Such a motion shall be privileged if of-
on the Judiciary, except by unanimous
witness has been summoned at the fered by direction of a committee to
consent.
place of examination. which the bill has been erroneously re-
Petitions, memorials, and private bills ferred or by direction of a committee
Unfinished business of the session
3. If a Member, Delegate, or Resident claiming jurisdiction and shall be de-
6. All business of the House at the cided without debate.
Commissioner has a petition, memo-
end of one session shall be resumed at (b)(1) The sponsor of a public bill or
rial, or private bill to present, the
the commencement of the next session public resolution may name cospon-
Member, Delegate, or Resident Com-
of the same Congress in the same man- sors. The name of a cosponsor added
missioner shall sign it, deliver it to the
ner as if no adjournment had taken after the initial printing of a bill or
Clerk, and may specify the reference or
place. resolution shall appear in the next
disposition to be made thereof. Such
RULE XII petition, memorial, or private bill (ex- printing of the bill or resolution on the
RECEIPT AND REFERRAL OF MEASURES cept when judged by the Speaker to be written request of the sponsor. Such a
AND MATTERS obscene or insulting) shall be entered request may be submitted to the
Messages on the Journal with the name of the Speaker at any time until the last
Member, Delegate, or Resident Com- committee authorized to consider and
1. Messages received from the Senate, missioner presenting it and shall be report the bill or resolution reports it
or from the President, shall be entered printed in the Congressional Record. to the House or is discharged from its
on the Journal and published in the 4. A private bill or private resolution consideration.
Congressional Record of the pro- (including an omnibus claim or pension (2) The name of a cosponsor of a bill
ceedings of that day. bill), or amendment thereto, may not or resolution may be deleted by unani-
Referral be received or considered in the House mous consent. The Speaker may enter-
2. (a) The Speaker shall refer each if it authorizes or directs— tain such a request only by the Mem-
bill, resolution, or other matter that (a) the payment of money for prop- ber, Delegate, or Resident Commis-
relates to a subject listed under a erty damages, for personal injuries or sioner whose name is to be deleted or
standing committee named in clause 1 death for which suit may be insti- by the sponsor of the bill or resolution,
of rule X in accordance with the provi- tuted under the Tort Claims Proce- and only until the last committee au-
sions of this clause. dure provided in title 28, United thorized to consider and report the bill
(b) The Speaker shall refer matters States Code, or for a pension (other or resolution reports it to the House or
under paragraph (a) in such manner as than to carry out a provision of law is discharged from its consideration.
to ensure to the maximum extent fea- or treaty stipulation); The Speaker may not entertain a re-
sible that each committee that has ju- (b) the construction of a bridge quest to delete the name of the sponsor
risdiction under clause 1 of rule X over across a navigable stream; or of a bill or resolution. A deletion shall
the subject matter of a provision there- (c) the correction of a military or be indicated by date in the next print-
of may consider such provision and re- naval record. ing of the bill or resolution.
port to the House thereon. Precedents, Prohibition on commemorations (3) The addition or deletion of the
rulings, or procedures in effect before name of a cosponsor of a bill or resolu-
5. (a) A bill or resolution, or an
the Ninety-Fourth Congress shall be tion shall be entered on the Journal
amendment thereto, may not be intro-
applied to referrals under this clause and printed in the Congressional
duced or considered in the House if it
only to the extent that they will con- Record of that day.
establishes or expresses a commemora-
tribute to the achievement of the ob- (4) A bill or resolution shall be re-
tion.
jectives of this clause. printed on the written request of the
(b) In this clause the term ‘‘com-
(c) In carrying out paragraphs (a) and sponsor. Such a request may be sub-
memoration’’ means a remembrance,
(b) with respect to the referral of a mitted to the Speaker only when 20 or
celebration, or recognition for any pur-
matter, the Speaker— more cosponsors have been added since
pose through the designation of a spec-
(1) shall designate a committee of the last printing of the bill or resolu-
ified period of time.
primary jurisdiction (except where tion.
the Speaker determines that extraor- Excluded matters (5) When a bill or resolution is intro-
dinary circumstances justify review 6. A petition, memorial, bill, or reso- duced ‘‘by request,’’ those words shall
by more than one committee as lution excluded under this rule shall be be entered on the Journal and printed
though primary); returned to the Member, Delegate, or in the Congressional Record.
(2) may refer the matter to one or Resident Commissioner from whom it (c)(1) A bill or joint resolution may
more additional committees for con- was received. A petition or private bill not be introduced unless the sponsor
sideration in sequence, either ini- that has been inappropriately referred submits for printing in the Congres-
tially or after the matter has been may, by direction of the committee sional Record a statement citing as
reported by the committee of pri- having possession of it, be properly re- specifically as practicable the power or
mary jurisdiction; ferred in the manner originally pre- powers granted to Congress in the Con-
(3) may refer portions of the matter sented. An erroneous reference of a pe- stitution to enact the bill or joint reso-
reflecting different subjects and ju- tition or private bill under this clause lution. The statement shall appear in a
risdictions to one or more additional does not confer jurisdiction on a com- portion of the Record designated for
committees; mittee to consider or report it. that purpose and be made publicly
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25
RULES OF THE
Rule XII, clause 7 Rule XIII, clause 3

available in electronic form by the be reported promptly to the House a for and against, and the names of mem-
Clerk. measure or matter approved by the bers voting for and against, shall be in-
(2) Before consideration of a Senate committee and to take or cause to be cluded in the committee report. The
bill or joint resolution, the chair of a taken steps necessary to bring the preceding sentence does not apply to
committee of jurisdiction may submit measure or matter to a vote. votes taken in executive session by the
the statement required under subpara- (2) In any event, the report of a com- Committee on Ethics, and applies only
graph (1) as though the chair were the mittee on a measure that has been ap- to the maximum extent practicable to
sponsor of the Senate bill or joint reso- proved by the committee shall be filed a report by the Committee on Rules on
lution. within seven calendar days (exclusive a rule, joint rule, or the order of busi-
Executive communications of days on which the House is not in ness.
session) after the day on which a writ- (c) The report of a committee on a
8. Estimates of appropriations and all ten request for the filing of the report, measure that has been approved by the
other communications from the execu- signed by a majority of the members of committee shall include, separately set
tive departments intended for the con- the committee, has been filed with the out and clearly identified, the fol-
sideration of any committees of the clerk of the committee. The clerk of lowing:
House shall be addressed to the Speak- the committee shall immediately no- (1) Oversight findings and rec-
er for referral as provided in clause 2 of tify the chair of the filing of such a re- ommendations under clause 2(b)(1) of
rule XIV. quest. This subparagraph does not rule X.
RULE XIII apply to a report of the Committee on (2) The statement required by sec-
CALENDARS AND COMMITTEE REPORTS Rules with respect to a rule, joint rule, tion 308(a) of the Congressional Bud
or order of business of the House, or to get Act of 1974, except that an esti-
Calendars
the reporting of a resolution of inquiry mate of new budget authority shall
1. (a) All business reported by com- addressed to the head of an executive include, when practicable, a compari-
mittees shall be referred to one of the department. son of the total estimated funding
following three calendars: (c) All supplemental, minority, addi- level for the relevant programs to the
(1) A Calendar of the Committee of tional, or dissenting views filed under appropriate levels under current law.
the Whole House on the state of the clause 2(l) of rule XI by one or more (3) An estimate and comparison
Union, to which shall be referred pub- members of a committee shall be in- prepared by the Director of the Con-
lic bills and public resolutions rais- cluded in, and shall be a part of, the re- gressional Budget Office under sec-
ing revenue, involving a tax or port filed by the committee with re- tion 402 of the Congressional Budget
charge on the people, directly or indi- spect to a measure or matter. When Act of 1974 if timely submitted to the
rectly making appropriations of time guaranteed by clause 2(l) of rule committee before the filing of the re-
money or property or requiring such XI has expired (or, if sooner, when all port.
appropriations to be made, author- separate views have been received), the (4) A statement of general perform-
izing payments out of appropriations committee may arrange to file its re- ance goals and objectives, including
already made, or releasing any liabil- port with the Clerk not later than one outcome-related goals and objectives,
ity to the United States for money or hour after the expiration of such time. for which the measure authorizes
property. This clause and provisions of clause 2(l) funding.
(2) A House Calendar, to which of rule XI do not preclude the imme- (5) On a bill or joint resolution that
shall be referred all public bills and diate filing or printing of a committee establishes or reauthorizes a Federal
public resolutions not requiring re- report in the absence of a timely re- program, a statement indicating
ferral to the Calendar of the Com- quest for the opportunity to file sup- whether any such program is known
mittee of the Whole House on the plemental, minority, additional, or dis- to be duplicative of another such pro-
state of the Union. senting views as provided in clause 2(l) gram, including at a minimum an ex-
(3) A Private Calendar as provided of rule XI. planation of whether any such pro-
in clause 5 of rule XV, to which shall Content of reports gram was included in a report to Con-
be referred all private bills and pri- gress pursuant to section 21 of Public
vate resolutions. 3. (a)(1) Except as provided in sub-
paragraph (2), the report of a com- Law 111-139 or whether the most re-
(b) There is established a Calendar of cent Catalog of Federal Domestic As-
Motions to Discharge Committees as mittee on a measure or matter shall be
printed in a single volume that— sistance (published pursuant to sec-
provided in clause 2 of rule XV. tion 6104 of title 31, United States
(c) There is established a Consensus (A) shall include all supplemental,
minority, additional, or dissenting Code) identified other programs re-
Calendar as provided in clause 7 of rule lated to the program established or
XV. views that have been submitted by
the time of the filing of the report; reauthorized by the measure.
Filing and printing of reports and (d) Each report of a committee on a
2. (a)(1) Except as provided in sub- (B) shall bear on its cover a recital public bill or public joint resolution
paragraph (2), all reports of commit- that any such supplemental, minor- shall contain the following:
tees (other than those filed from the ity, additional, or dissenting views (1)(A) An estimate by the com-
floor) shall be delivered to the Clerk (and any material submitted under mittee of the costs that would be in-
for printing and reference to the proper paragraph (c)(3)) are included as part curred in carrying out the bill or
calendar under the direction of the of the report. joint resolution in the fiscal year in
Speaker in accordance with clause 1. (2) A committee may file a supple- which it is reported and in each of
The title or subject of each report shall mental report for the correction of a the five fiscal years following that
be entered on the Journal and printed technical error in its previous report fiscal year (or for the authorized du-
in the Congressional Record. on a measure or matter. A supple- ration of any program authorized by
(2) A bill or resolution reported ad- mental report only correcting errors in the bill or joint resolution if less
versely (other than those filed as privi- the depiction of record votes under than five years);
leged) shall be laid on the table unless paragraph (b) may be filed under this (B) a comparison of the estimate of
a committee to which the bill or reso- subparagraph and shall not be subject costs described in subdivision (A)
lution was referred requests at the to the requirement in clause 4 or clause made by the committee with any es-
time of the report its referral to an ap- 6 concerning the availability of re- timate of such costs made by a Gov-
propriate calendar under clause 1 or ports. ernment agency and submitted to
unless, within three days thereafter, a (b) With respect to each record vote such committee; and
Member, Delegate, or Resident Com- on a motion to report a measure or (C) when practicable, a comparison
missioner makes such a request. matter of a public nature, and on any of the total estimated funding level
(b)(1) It shall be the duty of the chair amendment offered to the measure or for the relevant programs with the
of each committee to report or cause to matter, the total number of votes cast appropriate levels under current law.
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26
HOUSE OF REPRESENTATIVES
Rule XIII, clause 3 Rule XIII, clause 6

(2)(A) In subparagraph (1) the term (g) Whenever the Committee on able effort to have its hearings thereon
‘‘Government agency’’ includes any Rules reports a resolution proposing to (if any) printed and available for dis-
department, agency, establishment, repeal or amend a standing rule of the tribution to Members, Delegates, and
wholly owned Government corpora- House, it shall include in its report or the Resident Commissioner before the
tion, or instrumentality of the Fed- in an accompanying document— consideration of the measure or matter
eral Government or the government (1) the text of any rule or part in the House.
of the District of Columbia. thereof that is proposed to be re- Privileged reports, generally
(B) Subparagraph (1) does not apply pealed; and
5. (a) The following committees shall
to the Committee on Appropriations, (2) a comparative print of any part
have leave to report at any time on the
the Committee on House Administra- of the resolution proposing to amend
following matters, respectively:
tion, the Committee on Rules, or the the rule and of the rule or part there-
(1) The Committee on Appropria-
Committee on Ethics, and does not of proposed to be amended, showing
tions, on general appropriation bills
apply when a cost estimate and com- by appropriate typographical devices
and on joint resolutions continuing
parison prepared by the Director of the omissions and insertions pro- appropriations for a fiscal year after
the Congressional Budget Office posed. September 15 in the preceding fiscal
under section 402 of the Congres- (h) It shall not be in order to consider year.
sional Budget Act of 1974 has been in- a bill or joint resolution reported by (2) The Committee on the Budget,
cluded in the report under paragraph the Committee on Ways and Means on the matters required to be re-
(c)(3). that proposes to amend the Internal ported by such committee under ti-
(e)(1) Whenever a committee reports Revenue Code of 1986 unless— tles III and IV of the Congressional
a bill or joint resolution proposing to (1) the report includes a tax com- Budget Act of 1974.
repeal or amend a statute or part plexity analysis prepared by the (3) The Committee on House Ad-
thereof, it shall include in its report or Joint Committee on Taxation in ac- ministration, on enrolled bills, on
in an accompanying document (show- cordance with section 4022(b) of the contested elections, on matters re-
ing by appropriate typographical de- Internal Revenue Service Restruc- ferred to it concerning printing for
vices the omissions and insertions pro- turing and Reform Act of 1998; or the use of the House or the two
posed)— (2) the chair of the Committee on Houses, on expenditure of the appli-
(A) the entire text of each section Ways and Means causes such a tax cable accounts of the House described
of a statute that is proposed to be re- complexity analysis to be printed in in clause 1(k)(1) of rule X, and on
pealed; and the Congressional Record before con- matters relating to preservation and
(B) a comparative print of each sideration of the bill or joint resolu- availability of noncurrent records of
amendment to the entire text of a tion. the House under rule VII.
section of a statute that the bill or Availability of reports (4) The Committee on Rules, on
joint resolution proposes to make. 4. (a)(1) Except as specified in sub- rules, joint rules, and the order of
(2) If a committee reports a bill or paragraph (2), it shall not be in order business.
joint resolution proposing to repeal or to consider in the House a measure or (5) The Committee on Ethics, on
amend a statute or part thereof with a matter reported by a committee until resolutions recommending action by
recommendation that the bill or joint the proposed text of each report (ex- the House with respect to a Member,
resolution be amended, the compara- cept views referred to in clause 2(l) of Delegate, Resident Commissioner, of-
tive print required by subparagraph (1) rule XI) of a committee on that meas- ficer, or employee of the House as a
shall reflect the changes in existing result of an investigation by the
ure or matter has been available to
law proposed to be made by the bill or committee relating to the official
Members, Delegates, and the Resident
joint resolution as proposed to be conduct of such Member, Delegate,
Commissioner for 72 hours.
amended. Resident Commissioner, officer, or
(2) Subparagraph (1) does not apply
(f)(1) A report of the Committee on employee.
to—
Appropriations on a general appropria- (b) A report filed from the floor as
(A) a resolution providing a rule,
tion bill shall include— privileged under paragraph (a) may be
joint rule, or order of business re-
(A) a concise statement describing called up as a privileged question by di-
ported by the Committee on Rules
the effect of any provision of the ac- rection of the reporting committee,
considered under clause 6;
companying bill that directly or indi- subject to any requirement concerning
(B) a resolution providing amounts
rectly changes the application of ex- its availability to Members, Delegates,
from the applicable accounts de-
isting law; and and the Resident Commissioner under
scribed in clause 1(k)(1) of rule X re-
(B) a list of all appropriations con- clause 4 or concerning the timing of its
ported by the Committee on House
tained in the bill for expenditures not consideration under clause 6.
Administration considered under
currently authorized by law for the clause 6 of rule X; Privileged reports by the Committee on
period concerned (excepting classi- (C) a resolution presenting a ques- Rules
fied intelligence or national security tion of the privileges of the House re- 6. (a) A report by the Committee on
programs, projects, or activities), ported by any committee; Rules on a rule, joint rule, or the order
along with a statement of the last (D) a measure for the declaration of of business may not be called up for
year for which such expenditures war, or the declaration of a national consideration on the same day it is pre-
were authorized, the level of expendi- emergency, by Congress; and sented to the House except—
tures authorized for that year, the (E) a measure providing for the dis- (1) when so determined by a vote of
actual level of expenditures for that approval of a decision, determina- two-thirds of the Members voting, a
year, and the level of appropriations tion, or action by a Government quorum being present;
in the bill for such expenditures. agency that would become, or con- (2) in the case of a resolution pro-
(2) Whenever the Committee on Ap- tinue to be, effective unless dis- posing only to waive a requirement
propriations reports a bill or joint reso- approved or otherwise invalidated by of clause 4 or of clause 8 of rule XXII
lution including matter specified in one or both Houses of Congress. In concerning the availability of re-
clause 1(b)(2) or (3) of rule X, it shall this subdivision the term ‘‘Govern- ports; or
include— ment agency’’ includes any depart- (3) during the last three days of a
(A) in the bill or joint resolution, ment, agency, establishment, wholly session of Congress.
separate headings for ‘‘Rescissions’’ owned Government corporation, or (b) Pending the consideration of a re-
and ‘‘Transfers of Unexpended Bal- instrumentality of the Federal Gov- port by the Committee on Rules on a
ances’’; and ernment or of the government of the rule, joint rule, or the order of busi-
(B) in the report of the committee, District of Columbia. ness, the Speaker may entertain one
a separate section listing such rescis- (b) A committee that reports a meas- motion that the House adjourn but
sions and transfers. ure or matter shall make every reason- may not entertain any other dilatory
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27
RULES OF THE
Rule XIII, clause 6 Rule XV, clause 2
motion until the report shall have been Second. Reading and approval of has occupied the call for two days may
disposed of. the Journal, unless postponed under not call up another bill or resolution
(c) The Committee on Rules may not clause 8 of rule XX. until the other committees have been
report a rule or order that would pre- Third. The Pledge of Allegiance to called in their turn.
vent the motion to recommit a bill or the Flag. 5. After consideration of bills or reso-
joint resolution from being made as Fourth. Correction of reference of lutions under clause 4 for one hour, it
provided in clause 2(b) of rule XIX, in- public bills. shall be in order, pending consideration
cluding a motion to recommit with in- Fifth. Disposal of business on the thereof, to entertain a motion that the
structions to report back an amend- Speaker’s table as provided in clause House resolve into the Committee of
ment otherwise in order, if offered by 2. the Whole House on the state of the
the Minority Leader or a designee, ex- Sixth. Unfinished business as pro- Union or, when authorized by a com-
cept with respect to a Senate bill or vided in clause 3. mittee, that the House resolve into the
joint resolution for which the text of a Seventh. The morning hour for the Committee of the Whole House on the
House-passed measure has been sub- consideration of bills called up by state of the Union to consider a par-
stituted. committees as provided in clause 4. ticular bill. Such a motion shall be
(d) The Committee on Rules shall Eighth. Motions that the House re- subject to only one amendment desig-
present to the House reports con- solve into the Committee of the nating another bill. If such a motion is
cerning rules, joint rules, and the order Whole House on the state of the decided in the negative, another such
of business, within three legislative Union subject to clause 5. motion may not be considered until the
days of the time when they are or- Ninth. Orders of the day. matter that was pending when such
dered. If such a report is not considered 2. Business on the Speaker’s table motion was offered is disposed of.
immediately, it shall be referred to the shall be disposed of as follows: 6. All questions relating to the pri-
calendar. If such a report on the cal- (a) Messages from the President ority of business shall be decided by
endar is not called up by the member of shall be referred to the appropriate a majority without debate.
the committee who filed the report committees without debate.
(b) Communications addressed to RULE XV
within seven legislative days, any
member of the committee may call it the House, including reports and BUSINESS IN ORDER ON SPECIAL DAYS
up as a privileged question on the day communications from heads of de- Suspensions
after the calendar day on which the partments and bills, resolutions, and 1. (a) A rule may not be suspended ex-
member announces to the House inten- messages from the Senate, may be re- cept by a vote of two-thirds of the
ferred to the appropriate committees Members voting, a quorum being
tion to do so. The Speaker shall recog-
in the same manner and with the present. The Speaker may not enter-
nize a member of the committee who
same right of correction as public tain a motion that the House suspend
seeks recognition for that purpose.
bills and public resolutions presented the rules except on Mondays, Tuesdays,
(e) An adverse report by the Com-
by Members, Delegates, or the Resi- and Wednesdays and during the last six
mittee on Rules on a resolution pro-
dent Commissioner. days of a session of Congress.
posing a special order of business for
(c) Motions to dispose of Senate (b) Pending a motion that the House
the consideration of a public bill or
amendments on the Speaker’s table suspend the rules, the Speaker may en-
public joint resolution may be called
may be entertained as provided in tertain one motion that the House ad-
up as a privileged question by a Mem-
clauses 1, 2, and 4 of rule XXII. journ but may not entertain any other
ber, Delegate, or Resident Commis-
(d) Senate bills and resolutions sub- motion until the vote is taken on the
sioner on the second and fourth Mon-
stantially the same as House mea suspension.
days of a month.
sures already favorably reported and (c) A motion that the House suspend
(f) If the House has adopted a resolu-
not required to be considered in the the rules is debatable for 40 minutes,
tion making in order a motion to con-
Committee of the Whole House on one-half in favor of the motion and
sider a bill or resolution, and such a
the state of the Union may be dis- one-half in opposition thereto.
motion has not been offered within
posed of by motion. Such a motion
seven calendar days thereafter, such a Discharge motions
shall be privileged if offered by direc-
motion shall be privileged if offered by 2. (a)(1) A Member may present to the
tion of all reporting committees hav-
direction of all reporting committees Clerk a motion in writing to dis-
ing initial jurisdiction of the House
having initial jurisdiction of the bill or charge—
measure.
resolution.
3. Consideration of unfinished busi- (A) a committee from consider-
(g) Whenever the Committee on
ness in which the House may have been ation of a public bill or public resolu-
Rules reports a resolution providing for tion that has been referred to it for
engaged at an adjournment, except
the consideration of a measure, it shall 30 legislative days; or
business in the morning hour and pro-
to the maximum extent possible speci- (B) the Committee on Rules from
ceedings postponed under clause 8 of
fy in the accompanying report any consideration of a resolution that has
rule XX, shall be resumed as soon as
waiver of a point of order against the been referred to it for seven legisla-
the business on the Speaker’s table is
measure or against its consideration. tive days and that proposes a special
finished, and at the same time each
Resolutions of inquiry day thereafter until disposed of. The order of business for the consider-
consideration of all other unfinished ation of a public bill or public resolu-
7. A report on a resolution of inquiry tion that has been reported by a com-
business shall be resumed whenever the
addressed to the head of an executive mittee or has been referred to a com-
class of business to which it belongs
department may be filed from the floor mittee for 30 legislative days.
shall be in order under the rules.
as privileged. If such a resolution is not 4. After the unfinished business has (2) Only one motion may be presented
reported to the House within 14 legisla- been disposed of, the Speaker shall call for a bill or resolution. A Member may
tive days after its introduction, a mo- each standing committee in regular not file a motion to discharge the Com-
tion to discharge a committee from its order and then select committees. Each mittee on Rules from consideration of
consideration shall be privileged. committee when named may call up for a resolution providing for the consider-
RULE XIV consideration a bill or resolution re- ation of more than one public bill or
ported by it on a previous day and on public resolution or admitting or ef-
ORDER AND PRIORITY OF BUSINESS the House Calendar. If the Speaker fecting a nongermane amendment to a
1. The daily order of business (unless does not complete the call of the com- public bill or public resolution.
varied by the application of other rules mittees before the House passes to (b) A motion presented under para-
and except for the disposition of mat- other business, the next call shall re- graph (a) shall be placed in the custody
ters of higher precedence) shall be as sume at the point it left off, giving of the Clerk, who shall arrange a con-
follows: preference to the last bill or resolution venient place for the signatures of
First. Prayer by the Chaplain. under consideration. A committee that Members. A signature may be with-
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28
HOUSE OF REPRESENTATIVES
Rule XV, clause 2 Rule XV, clause 6

drawn by a Member in writing at any charged had duly reported it to the House an intention to do so. Preference
time before a motion is entered on the House. shall be given to omnibus bills con-
Journal. The Clerk shall make the sig- (e)(1) When a motion to discharge taining the texts of bills or resolutions
natories a matter of public record, originated under this clause has once that have previously been objected to
causing the names of the Members who been acted on by the House, it shall not on a call of the Private Calendar. If
have signed a discharge motion during be in order to entertain during the two or more Members, Delegates, or
a week to be published in a portion of same session of Congress— the Resident Commissioner object to
the Congressional Record designated (A) a motion to discharge a com- the consideration of a bill or resolution
for that purpose on the last legislative mittee from consideration of that so called (other than an omnibus bill),
day of the week and making cumu- bill or resolution or of any other bill it shall be recommitted to the com-
lative lists of such names available or resolution that, by relating in sub- mittee that reported it. Two-thirds of
each day for public inspection in an ap- stance to or dealing with the same the Members voting, a quorum being
propriate office of the House. The Clerk subject matter, is substantially the present, may adopt a motion that the
shall devise a means for making such same; or House dispense with the call on this
lists available to offices of the House (B) a motion to discharge the Com- day.
and to the public in electronic form. mittee on Rules from consideration (2) Omnibus bills shall be read for
When a majority of the total member- of a resolution providing a special amendment by paragraph. No amend-
ship of the House shall have signed the order of business for the consider- ment shall be in order except to strike
motion, it shall be entered on the Jour- ation of that bill or resolution or of or to reduce amounts of money or to
nal, published with the signatories any other bill or resolution that, by provide limitations. An item or matter
thereto in the Record, and referred to relating in substance to or dealing stricken from an omnibus bill may not
the Calendar of Motions to Discharge with the same subject matter, is sub- thereafter during the same session of
Committees. stantially the same. Congress be included in an omnibus
(c)(1) A motion to discharge that has (2) A motion to discharge on the Cal- bill. Upon passage such an omnibus bill
been on the calendar for at least seven endar of Motions to Discharge Commit- shall be resolved into the several bills
legislative days (except during the last tees that is rendered out of order under and resolutions of which it is com-
six days of a session of Congress) shall subparagraph (1) shall be stricken from posed. The several bills and resolu-
be privileged only at a time or place, that calendar. tions, with any amendments adopted
designated by the Speaker, in the legis- Adverse report by the Committee on by the House, shall be engrossed, when
lative schedule within two legislative Rules, second and fourth Mondays necessary, and otherwise considered as
days after the day on which a Member passed severally by the House as dis-
whose signature appears thereon an- 3. An adverse report by the Com-
mittee on Rules on a resolution pro- tinct bills and resolutions.
nounces to the House an intention to (c) The Speaker may not entertain a
offer the motion. When such a motion posing a special order of business for
the consideration of a public bill or reservation of the right to object to the
is called up, the House shall proceed to consideration of a bill or resolution
its consideration under this paragraph public joint resolution may be called
up under clause 6(e) of rule XIII as a under this clause. A bill or resolution
without intervening motion except one considered under this clause shall be
motion to adjourn. Privileged motions privileged question by a Member, Dele-
gate, or Resident Commissioner on the considered in the House as in the Com-
to discharge shall have precedence in mittee of the Whole. A motion to dis-
the order of their entry on the Journal. second and fourth Mondays of a month.
pense with the call of the Private Cal-
(2) When a motion to discharge is District of Columbia business, second endar under this clause shall be privi-
called up, the bill or resolution to and fourth Mondays leged. Debate on such a motion shall be
which it relates shall be read by title 4. The second and fourth Mondays of limited to five minutes in support and
only. The motion is debatable for 20 a month shall be set apart for the con- five minutes in opposition.
minutes, one-half in favor of the mo- sideration of such District of Columbia
tion and one-half in opposition thereto. Calendar Call of Committees,
business as may be called up by the Wednesdays
(d)(1) If a motion prevails to dis- Committee on Oversight and Reform
charge the Committee on Rules from after the disposal of such business on 6. (a) On Wednesday of each week,
consideration of a resolution, the the Speaker’s table as requires ref- business shall not be in order before
House shall immediately consider the erence only. completion of the call of those commit-
resolution, pending which the Speaker tees (except as provided by clause 4 of
may entertain one motion that the Private Calendar rule XIV) whose chair, or other mem-
House adjourn but may not entertain 5. (a) On the first Tuesday of a ber authorized by the committee, has
any other dilatory motion until the month, the Speaker shall direct the announced to the House a request for
resolution has been disposed of. If the Clerk to call the bills and resolutions such call on the preceding legislative
resolution is adopted, the House shall on the Private Calendar after disposal day.
immediately proceed to its execution. of such business on the Speaker’s table (b) A bill or resolution on either the
(2) If a motion prevails to discharge a as requires reference only. If two or House or the Union Calendar, except
committee from consideration of a more Members, Delegates, or the Resi- bills or resolutions that are privileged
public bill or public resolution, a mo- dent Commissioner object to the con- under the Rules of the House, may be
tion that the House proceed to the im- sideration of a bill or resolution so called under this clause. A bill or reso-
mediate consideration of such bill or called, it shall be recommitted to the lution called up from the Union Cal-
resolution shall be privileged if offered committee that reported it. No other endar shall be considered in the Com-
by a Member whose signature appeared business shall be in order before com- mittee of the Whole House on the state
on the motion to discharge. The mo- pletion of the call of the Private Cal- of the Union without motion, subject
tion to proceed is not debatable. If the endar on this day unless two-thirds of to clause 3 of rule XVI. General debate
motion to proceed is adopted, the bill the Members voting, a quorum being on a measure considered under this
or resolution shall be considered imme- present, agree to a motion that the clause shall be confined to the measure
diately under the general rules of the House dispense with the call. and may not exceed two hours equally
House. If unfinished before adjourn- (b)(1) On any day, after the disposal divided between a proponent and an op-
ment of the day on which it is called of such business on the Speaker’s table ponent.
up, the bill or resolution shall remain as requires reference only, the Speaker (c) This clause does not apply during
the unfinished business until it is dis- may direct the Clerk to call any bill or the last two weeks of a session of Con-
posed of. If the motion to proceed is re- resolution that has been on the Private gress.
jected, the bill or resolution shall be Calendar for at least seven days, but (d) Precedents, rulings, or procedures
referred to the appropriate calendar, only on the second legislative day after in effect before the One Hundred Elev-
where it shall have the same status as the legislative day on which the Speak- enth Congress regarding the priority of
if the committee from which it was dis- er or a designee announces to the business and the availability of other
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29
RULES OF THE
Rule XV, clause 6 Rule XVII, clause 4

business on Wednesday shall be applied Precedence of motions Readings


only to the extent consistent with this 4. (a) When a question is under de- 8. Bills and joint resolutions are sub-
clause. bate, only the following motions may ject to readings as follows:
Consensus Calendar be entertained (which shall have prece- (a) A first reading is in full when
dence in the following order): the bill or joint resolution is first
7. (a)(1) At least once during any
(1) To adjourn. considered.
week in which the House convenes, the
(2) To lay on the table. (b) A second reading occurs only
House shall consider a measure on the
(3) For the previous question. when the bill or joint resolution is
Consensus Calendar as designated by
(4) To postpone to a day certain. read for amendment in a Committee
the Speaker.
(5) To refer. of the Whole House on the state of
(2) This paragraph does not apply be-
(6) To amend. the Union under clause 5 of rule
fore March 1 of an odd-numbered year
(7) To postpone indefinitely. XVIII.
or after September 30 of an even-num-
(b) A motion to adjourn, to lay on (c) A third reading precedes passage
bered year.
the table, or for the previous question when the Speaker states the ques-
(b)(1) The sponsor of a measure that
shall be decided without debate. A mo- tion: ‘‘Shall the bill [or joint resolu-
has accumulated 290 cosponsors and
tion to postpone to a day certain, to tion] be engrossed [when applicable]
has not been reported by the com-
refer, or to postpone indefinitely, being and read a third time?’’ If that ques-
mittee of primary jurisdiction may
decided, may not be allowed again on tion is decided in the affirmative,
present to the Clerk a motion in writ-
the same day at the same stage of the then the bill or joint resolution shall
ing to place that measure on the Con-
question. be read the final time by title and
sensus Calendar.
(c)(1) It shall be in order at any time then the question shall be put on its
(2) A proper motion presented under
for the Speaker, in the discretion of passage.
subparagraph (1) shall be placed in the
the Speaker, to entertain a motion— RULE XVII
custody of the Clerk, and shall appear
(A) that the Speaker be authorized
in a portion of the Congressional DECORUM AND DEBATE
to declare a recess; or
Record designated for that purpose. Decorum
(B) that when the House adjourns it
The Clerk shall maintain a cumulative
stand adjourned to a day and time 1. (a) A Member, Delegate, or Resi-
list of such motions, and shall make
certain. dent Commissioner who desires to
such list publicly available in elec-
(2) Either motion shall be of equal speak or deliver a matter to the House
tronic form.
privilege with the motion to adjourn shall respectfully address the Speaker
(3) A motion presented under sub-
and shall be decided without debate. and, on being recognized, may address
paragraph (1) shall be considered as
withdrawn if the measure is reported Divisibility the House from any place on the floor.
by the committee of primary jurisdic- When invited by the Chair, a Member,
5. (a) Except as provided in paragraph
tion prior to its placement on the Con- Delegate, or Resident Commissioner
(b), a question shall be divided on the
sensus Calendar. may speak from the Clerk’s desk.
demand of a Member, Delegate, or
(c) After a measure has maintained (b) Remarks in debate (which may in-
Resident Commissioner before the
at least 290 cosponsors for a cumulative clude references to the Senate or its
question is put if it includes propo-
period of 25 legislative days after the Members) shall be confined to the ques-
sitions so distinct in substance that,
presentation of a motion under para- tion under debate, avoiding person-
one being taken away, a substantive
graph (b)(1), the measure shall be ality.
proposition remains.
placed on the Consensus Calendar. (b)(1) A motion or resolution to elect Recognition
Such measure shall remain on the Con- members to a standing committee of 2. When two or more Members, Dele-
sensus Calendar until it is— the House, or to a joint standing com- gates, or the Resident Commissioner
(1) considered in the House; or mittee, is not divisible. seek recognition, the Speaker shall
(2) reported by the committee of (2) A resolution or order reported by name the Member, Delegate, or Resi-
primary jurisdiction. the Committee on Rules providing a dent Commissioner who is first to
RULE XVI special order of business is not divis- speak. A Member, Delegate, or Resi-
ible. dent Commissioner may not occupy
MOTIONS AND AMENDMENTS (c) A motion to strike and insert is more than one hour in debate on a
Motions not divisible, but rejection of a motion question in the House or in the Com-
to strike does not preclude another mo- mittee of the Whole House on the state
1. Every motion entertained by the tion to amend. of the Union except as otherwise pro-
Speaker shall be reduced to writing on vided in this rule.
the demand of a Member, Delegate, or Amendments
Resident Commissioner and, unless it 6. When an amendable proposition is Managing debate
is withdrawn the same day, shall be en- under consideration, a motion to 3. (a) The Member, Delegate, or Resi-
tered on the Journal with the name of amend and a motion to amend that dent Commissioner who calls up a
the Member, Delegate, or Resident amendment shall be in order, and it measure may open and close debate
Commissioner offering it. A dilatory also shall be in order to offer a further thereon. When general debate extends
motion may not be entertained by the amendment by way of substitute for beyond one day, that Member, Dele-
Speaker. the original motion to amend, to which gate, or Resident Commissioner shall
one amendment may be offered but be entitled to one hour to close with-
Withdrawal
which may not be voted on until the out regard to the time used in opening.
2. When a motion is entertained, the original amendment is perfected. An (b) Except as provided in paragraph
Speaker shall state it or cause it to be amendment may be withdrawn in the (a), a Member, Delegate, or Resident
read aloud by the Clerk before it is de- House at any time before a decision or Commissioner may not speak more
bated. The motion then shall be in the amendment thereon. An amendment to than once to the same question with-
possession of the House but may be the title of a bill or resolution shall out leave of the House.
withdrawn at any time before a deci- not be in order until after its passage (c) A manager of a measure who op-
sion or amendment thereon. or adoption and shall be decided with- poses an amendment thereto is entitled
Question of consideration out debate. to close controlled debate thereon.
3. When a motion or proposition is Germaneness Call to order
entertained, the question, ‘‘Will the 7. No motion or proposition on a sub- 4. (a) If a Member, Delegate, or Resi-
House now consider it?’’ may not be ject different from that under consider- dent Commissioner, in speaking or oth-
put unless demanded by a Member, Del- ation shall be admitted under color of erwise, transgresses the Rules of the
egate, or Resident Commissioner. amendment. House, the Speaker shall, or a Member,
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30
HOUSE OF REPRESENTATIVES
Rule XVII, clause 4 Rule XVIII, clause 5

Delegate, or Resident Commissioner of the House, subject only to technical, may at any time, when no question is
may, call to order the offending Mem- grammatical, and typographical cor- pending before the House, declare the
ber, Delegate, or Resident Commis- rections authorized by the Member, House resolved into the Committee of
sioner, who shall immediately sit down Delegate, or Resident Commissioner the Whole for the consideration of that
unless permitted on motion of another making the remarks. measure without intervening motion,
Member, Delegate, or the Resident (b) Unparliamentary remarks may be unless the special order of business pro-
Commissioner to explain. If a Member, deleted only by permission or order of vides otherwise.
Delegate, or Resident Commissioner is the House. Measures requiring initial
called to order, the Member, Delegate, (c) This clause establishes a standard consideration in the Committee of the
or Resident Commissioner making the of conduct within the meaning of Whole
call to order shall indicate the words clause 3(a)(2) of rule XI.
3. All public bills, resolutions, or
excepted to, which shall be taken down Legislative Proceedings Senate amendments (as provided in
in writing at the Clerk’s desk and read clause 3 of rule XXII) involving a tax or
aloud to the House. 9.(a) A Member, Delegate, the Resi-
dent Commissioner, officer, or em- charge on the people, raising revenue,
(b) The Speaker shall decide the va- directly or indirectly making appro-
lidity of a call to order. The House, if ployee of the House may not engage in
disorderly or disruptive conduct in the priations of money or property or re-
appealed to, shall decide the question quiring such appropriations to be
without debate. If the decision is in Chamber, including—
(1) intentionally obstructing or im- made, authorizing payments out of ap-
favor of the Member, Delegate, or Resi- propriations already made, or releasing
dent Commissioner called to order, the peding the passage of others in the
Chamber; any liability to the United States for
Member, Delegate, or Resident Com- money or property, shall be first con-
missioner shall be at liberty to pro- (2) the use of an exhibit to impede,
disrupt, or disturb the proceedings of sidered in the Committee of the Whole
ceed, but not otherwise. If the case re- House on the state of the Union. A bill,
quires it, an offending Member, Dele- the House; and
(3) the denial of legislative instru- resolution, or Senate amendment that
gate, or Resident Commissioner shall fails to comply with this clause is sub-
be liable to censure or such other pun- ments to others seeking to engage in
legislative proceedings. ject to a point of order against its con-
ishment as the House may consider sideration.
proper. A Member, Delegate, or Resi- (b) This clause establishes a standard
dent Commissioner may not be held to of conduct within the meaning of Order of business
answer a call to order, and may not be clause 3(a)(2) of rule XI. 4. (a) Subject to subparagraph (b)
subject to the censure of the House Secret sessions business on the calendar of the Com-
therefor, if further debate or other 10. When confidential communica- mittee of the Whole House on the state
business has intervened. tions are received from the President, of the Union may be taken up in reg-
Comportment or when the Speaker or a Member, Del- ular order, or in such order as the Com-
egate, or Resident Commissioner in- mittee may determine, unless the
5. When the Speaker is putting a measure to be considered was deter-
question or addressing the House, a forms the House that such individual
has communications that such indi- mined by the House at the time of re-
Member, Delegate, or Resident Com- solving into the Committee of the
missioner may not exit or cross the vidual believes ought to be kept secret
for the present, the House shall be Whole.
Hall. When a Member, Delegate, or (b) Motions to resolve into the Com-
Resident Commissioner is speaking, a cleared of all persons except the Mem-
bers, Delegates, Resident Commis- mittee of the Whole for consideration
Member, Delegate, or Resident Com- of bills and joint resolutions making
missioner may not pass between the sioner, and officers of the House for the
reading of such communications, and general appropriations have precedence
person speaking and the Chair. During under this clause.
the session of the House, a Member, debates and proceedings thereon, un-
less otherwise ordered by the House. Reading for amendment
Delegate, or Resident Commissioner
may not wear non-religious headdress RULE XVIII 5. (a) Before general debate com-
or a hat or remain by the Clerk’s desk THE COMMITTEE OF THE WHOLE HOUSE mences on a measure in the Committee
during the call of the roll or the count- ON THE STATE OF THE UNION of the Whole House on the state of the
ing of ballots. A person on the floor of Union, it shall be read in full. When
Resolving into the Committee of the general debate is concluded or closed
the House may not smoke or use a mo-
Whole by order of the House, the measure
bile electronic device that impairs de-
corum. The Sergeant-at-Arms is 1. Whenever the House resolves into under consideration shall be read for
charged with the strict enforcement of the Committee of the Whole House on amendment. A Member, Delegate, or
this clause. the state of the Union, the Speaker Resident Commissioner who offers an
Exhibits shall leave the chair after appointing a amendment shall be allowed five min-
Member, Delegate, or the Resident utes to explain it, after which the
6. When the use of an exhibit in de- Commissioner as Chair to preside. In Member, Delegate, or Resident Com-
bate is objected to by a Member, Dele- case of disturbance or disorderly con- missioner who shall first obtain the
gate, or Resident Commissioner, the duct in the galleries or lobby, the Chair floor shall be allowed five minutes to
Chair, in the discretion of the Chair, may cause the same to be cleared. speak in opposition to it. There shall
may submit the question of its use to 2. (a) Except as provided in paragraph be no further debate thereon, but the
the House without debate. (b) and in clause 6 of rule XV, the same privilege of debate shall be al-
Galleries House resolves into the Committee of lowed in favor of and against any
7. During a session of the House, it the Whole House on the state of the amendment that may be offered to an
shall not be in order for a Member, Del- Union by motion. When such a motion amendment. An amendment, or an
egate, or Resident Commissioner to in- is entertained, the Speaker shall put amendment to an amendment, may be
troduce to or to bring to the attention the question without debate: ‘‘Shall withdrawn by its proponent only by the
of the House an occupant in the gal- the House resolve itself into the Com- unanimous consent of the Committee
leries of the House. The Speaker may mittee of the Whole House on the state of the Whole.
not entertain a request for the suspen- of the Union for consideration of this (b) When a Member, Delegate, or
sion of this rule by unanimous consent matter?’’, naming it. Resident Commissioner offers an
or otherwise. (b) After the House has adopted a res- amendment in the Committee of the
olution reported by the Committee on Whole House on the state of the Union,
Congressional Record Rules providing a special order of busi- the Clerk shall promptly transmit five
8. (a) The Congressional Record shall ness for the consideration of a measure copies of the amendment to the major-
be a substantially verbatim account of in the Committee of the Whole House ity committee table and five copies to
remarks made during the proceedings on the state of the Union, the Speaker the minority committee table. The
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31
RULES OF THE
Rule XVIII, clause 5 Rule XVIII, clause 10

Clerk also shall deliver at least one The Chair may resume proceedings on (c) Material submitted for printing in
copy of the amendment to the majority a postponed request at any time. The the Congressional Record under this
cloakroom and at least one copy to the Chair may reduce to not less than two clause shall indicate the full text of
minority cloakroom. minutes the minimum time for elec- the proposed amendment, the name of
Quorum and voting tronic voting— the Member, Delegate, or Resident
(1) on any postponed question that Commissioner proposing it, the number
6. (a) A quorum of a Committee of follows another electronic vote, pro- of the bill or resolution to which it will
the Whole House on the state of the vided that the minimum time for be offered, and the point in the bill or
Union is 100 Members, Delegates, and electronic voting on the first in any resolution or amendment thereto
the Resident Commissioner. The first series of questions shall be 15 min- where the amendment is intended to be
time that a Committee of the Whole utes; or offered. The amendment shall appear
finds itself without a quorum during a (2) on any postponed question in a portion of the Record designated
day, the Chair shall invoke the proce- taken after the Committee of the for that purpose. Amendments to a
dure for a quorum call set forth in Whole resumes its sitting if in the specified measure submitted for print-
clause 2 of rule XX, unless the Chair discretion of the Chair Members, Del- ing in that portion of the Record shall
elects to invoke an alternate procedure egates, and the Resident Commis- be numbered in the order printed.
set forth in clause 3 or clause 4(a) of sioner would be afforded an adequate Striking the enacting clause
rule XX. If a quorum appears, the Com- opportunity to vote.
mittee of the Whole shall continue its (h) Whenever a recorded vote on any 9. A motion that the Committee of
business. If a quorum does not appear, question has been decided by a margin the Whole House on the state of the
the Committee of the Whole shall rise, within which the votes cast by the Del- Union rise and report a bill or resolu-
and the Chair shall report the names of egates and the Resident Commissioner tion to the House with the rec-
absentees to the House. have been decisive, the Committee of ommendation that the enacting or re-
(b)(1) The Chair may refuse to enter- the Whole shall rise and the Speaker solving clause be stricken shall have
tain a point of order that a quorum is shall put such question de novo with- precedence of a motion to amend, and,
not present during general debate. out intervening motion. Upon the an- if carried in the House, shall constitute
(2) After a quorum has once been es- nouncement of the vote on that ques- a rejection of the bill or resolution.
tablished on a day, the Chair may en- tion, the Committee of the Whole shall Whenever a bill or resolution is re-
tertain a point of order that a quorum resume its sitting without intervening ported from the Committee of the
is not present only when the Com- motion. Whole with such adverse recommenda-
mittee of the Whole House on the state tion and the recommendation is re-
Dispensing with the reading of an jected by the House, the bill or resolu-
of the Union is operating under the amendment
five-minute rule and the Chair has put tion shall stand recommitted to the
the pending proposition to a vote. 7. It shall be in order in the Com- Committee of the Whole without fur-
(3) Upon sustaining a point of order mittee of the Whole House on the state ther action by the House. Before the
that a quorum is not present, the Chair of the Union to move that the Com- question of concurrence is submitted,
may announce that, following a regular mittee of the Whole dispense with the it shall be in order to move that the
quorum call under paragraph (a), the reading of an amendment that has been House refer the bill or resolution to a
minimum time for electronic voting on printed in the bill or resolution as re- committee, with or without instruc-
the pending question shall be not less ported by a committee, or an amend- tions. If a bill or resolution is so re-
than two minutes. ment that a Member, Delegate, or Resi- ferred, then when it is again reported
(c) When ordering a quorum call in dent Commissioner has caused to be to the House it shall be referred to the
the Committee of the Whole House on printed in the Congressional Record. Committee of the Whole without de-
the state of the Union, the Chair may Such a motion shall be decided without bate.
announce an intention to declare that debate. Concurrent resolution on the budget
a quorum is constituted at any time Closing debate 10. (a) At the conclusion of general
during the quorum call when the Chair 8. (a) Subject to paragraph (b) at any debate in the Committee of the Whole
determines that a quorum has ap- time after the Committee of the Whole House on the state of the Union on a
peared. If the Chair interrupts the House on the state of the Union has concurrent resolution on the budget
quorum call by declaring that a begun five-minute debate on amend- under section 305(a) of the Congres-
quorum is constituted, proceedings ments to any portion of a bill or reso- sional Budget Act of 1974, the concur-
under the quorum call shall be consid- lution, it shall be in order to move that rent resolution shall be considered as
ered as vacated, and the Committee of the Committee of the Whole close all read for amendment.
the Whole shall continue its sitting debate on that portion of the bill or (b) It shall not be in order in the
and resume its business. resolution or on the pending amend- House or in the Committee of the
(d) A quorum is not required in the ments only. Such a motion shall be de- Whole House on the state of the Union
Committee of the Whole House on the cided without debate. The adoption of to consider an amendment to a concur-
state of the Union for adoption of a such a motion does not preclude fur- rent resolution on the budget, or an
motion that the Committee rise. ther amendment, to be decided without amendment thereto, unless the concur-
(e) In the Committee of the Whole debate. rent resolution, as amended by such
House on the state of the Union, the (b) If the Committee of the Whole amendment or amendments—
Chair shall order a recorded vote on a House on the state of the Union closes (1) would be mathematically con-
request supported by at least 25 Mem- debate on any portion of a bill or reso- sistent except as limited by para-
bers, Delegates, and the Resident Com- lution before there has been debate on graph (c); and
missioner. an amendment that a Member, Dele- (2) would contain all the matter set
(f) In the Committee of the Whole gate, or Resident Commissioner has forth in paragraphs (1) through (5) of
House on the state of the Union, the caused to be printed in the Congres- section 301(a) of the Congressional
Chair may reduce to not less than two sional Record at least one day before Budget Act of 1974.
minutes the minimum time for elec- its consideration, the Member, Dele- (c)(1) Except as specified in subpara-
tronic voting on any or all pending gate, or Resident Commissioner who graph (2), it shall not be in order in the
amendments after a record vote has caused the amendment to be printed in House or in the Committee of the
been taken on the first pending amend- the Record shall be allowed five min- Whole House on the state of the Union
ment, if in the discretion of the Chair utes to explain it, after which the to consider an amendment to a concur-
Members, Delegates, and the Resident Member, Delegate, or Resident Com- rent resolution on the budget, or an
Commissioner would be afforded an missioner who shall first obtain the amendment thereto, that proposes to
adequate opportunity to vote. floor shall be allowed five minutes to change the amount of the appropriate
(g) The Chair may postpone a request speak in opposition to it. There shall level of the public debt set forth in the
for a recorded vote on any amendment. be no further debate thereon. concurrent resolution, as reported.
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32
HOUSE OF REPRESENTATIVES
Rule XVIII, clause 10 Rule XX, clause 5

(2) Amendments to achieve mathe- tions only in the form of a direction to 3. The Speaker may direct the Clerk
matical consistency under section report an amendment or amendments to conduct a record vote or quorum
305(a)(5) of the Congressional Budget back to the House forthwith. call by call of the roll. In such a case
Act of 1974, if offered by direction of (c) On demand of the floor manager the Clerk shall call the names of Mem-
the Committee on the Budget, may for the majority, it shall be in order to bers, alphabetically by surname. When
propose to adjust the amount of the ap- debate the motion for one hour equally two or more have the same surname,
propriate level of the public debt set divided and controlled by the pro- the name of the State (and, if nec-
forth in the concurrent resolution, as ponent and an opponent. essary to distinguish among Members
reported, to reflect changes made in Reconsideration from the same State, the given names
other figures contained in the concur- of the Members) shall be added. After
rent resolution. 3. When a motion has been carried or the roll has been called once, the Clerk
lost, it shall be in order on the same or shall call the names of those not re-
Applicability of Rules of the House
succeeding day for a Member on the corded, alphabetically by surname.
11. The Rules of the House are the prevailing side of the question to enter
rules of the Committee of the Whole Members appearing after the second
a motion for the reconsideration there- call, but before the result is an-
House on the state of the Union so far of. The entry of such a motion shall
as applicable. nounced, may vote or announce a pair.
take precedence over all other ques- 4. (a) The Speaker may direct a
RULE XIX tions except the consideration of a con- record vote or quorum call to be con-
MOTIONS FOLLOWING THE AMENDMENT ference report or a motion to adjourn, ducted by tellers. In such a case the
STAGE and may not be withdrawn after such tellers named by the Speaker shall
succeeding day without the consent of record the names of the Members vot-
Previous question
the House. Once entered, a motion may ing on each side of the question or
1. (a) There shall be a motion for the be called up for consideration by any
previous question, which, being or- record their presence, as the case may
Member. During the last six days of a be, which the Clerk shall enter on the
dered, shall have the effect of cutting session of Congress, such a motion
off all debate and bringing the House to Journal and publish in the Congres-
shall be disposed of when entered. sional Record. Absentees shall be
a direct vote on the immediate ques- 4. A bill, petition, memorial, or reso-
tion or questions on which it has been noted, but the doors may not be closed
lution referred to a committee, or re- except when ordered by the Speaker.
ordered. Whenever the previous ques- ported therefrom for printing and re-
tion has been ordered on an otherwise The minimum time for a record vote or
commitment, may not be brought back quorum call by tellers shall be 15 min-
debatable question on which there has to the House on a motion to reconsider.
been no debate, it shall be in order to utes.
debate that question for 40 minutes, RULE XX (b) On the demand of a Member, or at
equally divided and controlled by a VOTING AND QUORUM CALLS the suggestion of the Speaker, the
proponent of the question and an oppo- 1. (a) The House shall divide after the names of Members sufficient to make a
nent. The previous question may be Speaker has put a question to a vote by quorum in the Hall of the House who
moved and ordered on a single ques- voice as provided in clause 6 of rule I if do not vote shall be noted by the Clerk,
tion, on a series of questions allowable the Speaker is in doubt or division is entered on the Journal, reported to the
under the rules, or on an amendment demanded. Those in favor of the ques- Speaker with the names of the Mem-
or amendments, or may embrace all tion shall first rise or otherwise indi- bers voting, and be counted and an-
authorized motions or amendments and cate from their seats and be counted, nounced in determining the presence of
include the bill or resolution to its pas- and then those opposed. a quorum to do business.
sage, adoption, or rejection. (b) If a Member, Delegate, or Resi- 5. (a) In the absence of a quorum, a
(b) Incidental questions of order aris- dent Commissioner requests a recorded majority comprising at least 15 Mem-
ing during the pendency of a motion vote, and that request is supported by bers, which may include the Speaker,
for the previous question shall be de- at least one-fifth of a quorum, the vote may compel the attendance of absent
cided, whether on appeal or otherwise, shall be taken by electronic device un- Members.
without debate. less the Speaker invokes another pro- (b) Subject to clause 7(b) a majority
(c) Notwithstanding paragraph (a), cedure for recording votes provided in described in paragraph (a) may order
when the previous question is oper- this rule. A recorded vote taken in the the Sergeant-at-Arms to send officers
ating to adoption or passage of a meas- House under this paragraph shall be appointed by the Sergeant-at-Arms to
ure pursuant to a special order of busi- considered a vote by the yeas and nays. arrest those Members for whom no suf-
ness, the Chair may postpone further (c) In case of a tie vote, a question ficient excuse is made and shall secure
consideration of such measure in the shall be lost. and retain their attendance. The House
House to such time as may be des- 2. (a) Unless the Speaker directs oth- shall determine on what condition they
ignated by the Speaker. erwise, the Clerk shall conduct a shall be discharged. Unless the House
Recommit record vote or quorum call by elec- otherwise directs, the Members who
2. (a) After the previous question has tronic device. In such a case the Clerk voluntarily appear shall be admitted
been ordered on passage or adoption of shall enter on the Journal and publish immediately to the Hall of the House
a measure, or pending a motion to that in the Congressional Record, in alpha- and shall report their names to the
end, it shall be in order to move that betical order in each category, the Clerk to be entered on the Journal as
the House recommit (or commit, as the names of Members recorded as voting present.
case may be) the measure, with or in the affirmative, the names of Mem- (c)(1) If the House should be without
without instructions, to a standing or bers recorded as voting in the negative, a quorum due to catastrophic cir-
select committee. For such a motion to and the names of Members answering cumstances, then—
recommit, the Speaker shall give pref- present as if they had been called in (A) until there appear in the House
erence in recognition to a Member, the manner provided in clause 3. Ex- a sufficient number of Representa-
Delegate, or Resident Commissioner cept as otherwise permitted under tives to constitute a quorum among
who is opposed to the measure. clause 8 or 9 of this rule or under the whole number of the House, a
(b)(1) Except as provided in para- clause 6 of rule XVIII, the minimum quorum in the House shall be deter-
graph (c), a motion that the House re- time for a record vote or quorum call mined based upon the provisional
commit a bill or joint resolution on by electronic device shall be 15 min- number of the House; and
which the previous question has been utes. (B) the provisional number of the
ordered to passage shall be debatable (b) When the electronic voting sys- House, as of the close of the call of
for 10 minutes equally divided between tem is inoperable or is not used, the the House described in subparagraph
the proponent and an opponent. Speaker or Chair may direct the Clerk (3)(C), shall be the number of Rep-
(2) A motion to recommit a bill or to conduct a record vote or quorum resentatives responding to that call
joint resolution may include instruc- call as provided in clause 3 or 4. of the House.
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33
RULES OF THE
Rule XX, clause 5 Rule XX, clause 8

(2) If a Representative counted in de- make such updates available to the to be ascertained by actual count by
termining the provisional number of House. the Speaker. If the House adjourns on
the House thereafter ceases to be a (5) An announcement by the Speaker such a motion, all proceedings under
Representative, or if a Representative under subparagraph (3)(B)(iii) shall not this clause shall be considered as va-
not counted in determining the provi- be subject to appeal. cated.
sional number of the House thereafter (6) Subparagraph (1) does not apply 7. (a) The Speaker may not entertain
appears in the House, the provisional to a proposal to create a vacancy in the a point of order that a quorum is not
number of the House shall be adjusted representation from any State in re- present unless a question has been put
accordingly. spect of a Representative not incapaci- to a vote.
(3) For the purposes of subparagraph tated but otherwise incapable of at- (b) Subject to paragraph (c) the
(1), the House shall be considered to be tending the proceedings of the House. Speaker may recognize a Member, Del-
without a quorum due to catastrophic (7) For purposes of this paragraph: egate, or Resident Commissioner to
circumstances if, after a motion under (A) The term ‘‘provisional number move a call of the House at any time.
paragraph (a) has been disposed of and of the House’’ means the number of When a quorum is established pursuant
without intervening adjournment, each Representatives upon which a to a call of the House, further pro-
of the following occurs in the stated se- quorum will be computed in the ceedings under the call shall be consid-
quence: House until Representatives suffi- ered as dispensed with unless the
(A) A call of the House (or a series cient in number to constitute a Speaker recognizes for a motion to
of calls of the House) is closed after quorum among the whole number of compel attendance of Members under
aggregating a period in excess of 72 the House appear in the House. clause 5(b).
hours (excluding time the House is in (B) The term ‘‘whole number of the (c) A call of the House shall not be in
recess) without producing a quorum. House’’ means the number of Rep- order after the previous question is or-
(B) The Speaker— resentatives chosen, sworn, and liv- dered unless the Speaker determines by
(i) with the Majority Leader and ing whose membership in the House actual count that a quorum is not
the Minority Leader (or their re- has not been terminated by resigna- present.
spective designees), receives from tion or by the action of the House.
(d) Upon the death, resignation, ex- Postponement of proceedings
the Sergeant-at-Arms (or a des- 8. (a)(1) When a recorded vote is or-
pulsion, disqualification, removal, or
ignee) a catastrophic quorum fail- dered, or the yeas and nays are or-
swearing of a Member, the whole num-
ure report, as described in subpara- dered, or a vote is objected to under
ber of the House shall be adjusted ac-
graph (4); clause 6—
cordingly. The Speaker shall announce
(ii) consults with the Majority the adjustment to the House. Such an (A) on any of the questions speci-
Leader and the Minority Leader (or announcement shall not be subject to fied in subparagraph (2), the Speaker
their respective designees) on the appeal. In the case of a death, the may postpone further proceedings to
content of that report; and Speaker may lay before the House such a designated place in the legislative
(iii) announces the content of documentation from Federal, State, or schedule within two additional legis-
that report to the House. local officials as the Speaker deems lative days; and
(C) A further call of the House (or pertinent. (B) on the question of agreeing to
a series of calls of the House) is 6. (a) When a quorum fails to vote on the Speaker’s approval of the Jour-
closed after aggregating a period in a question, a quorum is not present, nal, the Speaker may postpone fur-
excess of 24 hours (excluding time the and objection is made for that cause ther proceedings to a designated
House is in recess) without producing (unless the House shall adjourn)— place in the legislative schedule on
a quorum. (1) there shall be a call of the that legislative day.
(4)(A) For purposes of subparagraph House; (2) The questions described in sub-
(3), a catastrophic quorum failure re- (2) the Sergeant-at-Arms shall pro- paragraph (1) are as follows:
port is a report advising that the in- ceed forthwith to bring in absent (A) The question of passing a bill or
ability of the House to establish a Members; and joint resolution.
quorum is attributable to catastrophic (3) the yeas and nays on the pend- (B) The question of adopting a reso-
circumstances involving natural dis- ing question shall at the same time lution or concurrent resolution.
aster, attack, contagion, or similar ca- be considered as ordered. (C) The question of agreeing to a
lamity rendering Representatives in- (b) The Clerk shall record Members motion to instruct managers on the
capable of attending the proceedings of by the yeas and nays on the pending part of the House (except that pro-
the House. question, using such procedure as the ceedings may not resume on such a
(B) Such report shall specify the fol- Speaker may invoke under clause 2, 3, motion under clause 7(c) of rule XXII
lowing: or 4. Each Member arrested under this if the managers have filed a report in
(i) The number of vacancies in the clause shall be brought by the Ser- the House).
House and the names of former Rep- geant-at-Arms before the House, (D) The question of agreeing to a
resentatives whose seats are vacant. whereupon the Member shall be noted conference report.
(ii) The names of Representatives as present, discharged from arrest, and (E) The question of adopting a mo-
considered incapacitated. given an opportunity to vote; and such tion to recommit.
(iii) The names of Representatives vote shall be recorded. If those voting (F) The question of adopting a mo-
not incapacitated but otherwise in- on the question and those who are tion to concur in a Senate amend-
capable of attending the proceedings present and decline to vote together ment, with or without amendment.
of the House. make a majority of the House, the (G) The question of agreeing to an
(iv) The names of Representatives Speaker shall declare that a quorum is amendment.
unaccounted for. constituted, and the pending question (H) The question of ordering the
(C) Such report shall be prepared on shall be decided as the requisite major- previous question on a question de-
the basis of the most authoritative in- ity of those voting shall have deter- scribed in subdivisions (A) through
formation available after consultation mined. Thereupon further proceedings (G).
with the Attending Physician to the under the call shall be considered as (I) The question of agreeing to a
Congress and the Clerk (or their re- dispensed with. motion to suspend the rules.
spective designees) and pertinent pub- (c) At any time after Members have (J) The question of agreeing to a
lic health and law enforcement offi- had the requisite opportunity to re- motion to reconsider or the question
cials. spond by the yeas and nays ordered of agreeing to a motion to lay on the
(D) Such report shall be updated under this clause, but before a result table a motion to reconsider.
every legislative day for the duration has been announced, a motion that the (b) At the time designated by the
of any proceedings under or in reliance House adjourn shall be in order if sec- Speaker for further proceedings on
on this paragraph. The Speaker shall onded by a majority of those present, questions postponed under paragraph
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34
HOUSE OF REPRESENTATIVES
Rule XX, clause 8 Rule XXI, clause 6

(a), the Speaker shall resume pro- priation bill, including a provision 3. It shall not be in order to consider
ceedings on each postponed question. making the availability of funds con- a general appropriation bill or joint
(c) If the House adjourns on a legisla- tingent on the receipt or possession of resolution, or conference report there-
tive day designated for further pro- information not required by existing on, that—
ceedings on questions postponed under law for the period of the appropriation, (a) provides spending authority de-
this clause without disposing of such except germane provisions that re- rived from receipts deposited in the
questions, then on the next legislative trench expenditures by the reduction of Highway Trust Fund (excluding any
day the unfinished business is the dis- amounts of money covered by the bill transfers from the General Fund of
position of such questions. (which may include those rec- the Treasury); or
Five-minute votes ommended to the Committee on Appro- (b) reduces or otherwise limits the
priations by direction of a legislative accruing balances of the Highway
9. (a) The Speaker may reduce to five Trust Fund,
committee having jurisdiction over the
minutes the minimum time for elec- for any purpose other than for those
subject matter) and except rescissions
tronic voting on any question that fol- activities authorized for the highway
of appropriations contained in appro-
lows another electronic vote or a re- or mass transit categories.
priation Acts.
port from the Committee of the Whole,
if in the discretion of the Speaker (c) An amendment to a general ap- Appropriations on legislative bills
Members would be afforded an ade- propriation bill shall not be in order if 4. A bill or joint resolution carrying
quate opportunity to vote. changing existing law, including an an appropriation may not be reported
(b) To the maximum extent prac- amendment making the availability of by a committee not having jurisdiction
ticable, notice of possible five-minute funds contingent on the receipt or pos- to report appropriations, and an
voting for a given series of votes shall session of information not required by amendment proposing an appropriation
be issued prior to the first electronic existing law for the period of the ap- shall not be in order during the consid-
vote in the series. propriation. Except as provided in eration of a bill or joint resolution re-
paragraph (d), an amendment pro- ported by a committee not having that
Automatic yeas and nays posing a limitation not specifically jurisdiction. A point of order against
10. The yeas and nays shall be consid- contained or authorized in existing law an appropriation in such a bill, joint
ered as ordered when the Speaker puts for the period of the limitation shall resolution, or amendment thereto may
the question on passage of a bill or not be in order during consideration of be raised at any time during pendency
joint resolution, or on adoption of a a general appropriation bill. of that measure for amendment.
conference report, making general ap- (d) After a general appropriation bill
propriations, or on final adoption of a has been read for amendment, a motion Tax and tariff measures and
concurrent resolution on the budget or that the Committee of the Whole amendments
conference report thereon. House on the state of the Union rise 5. (a)(1) A bill or joint resolution car-
Ballot votes and report the bill to the House with rying a tax or tariff measure may not
such amendments as may have been be reported by a committee not having
11. In a case of ballot for election, a
adopted shall, if offered by the Major- jurisdiction to report tax or tariff
majority of the votes shall be nec-
ity Leader or a designee, have prece- measures, and an amendment in the
essary to an election. When there is
dence over motions to amend the bill. House or proposed by the Senate car-
not such a majority on the first ballot,
If such a motion to rise and report is rying a tax or tariff measure shall not
the process shall be repeated until a
rejected or not offered, amendments be in order during the consideration of
majority is obtained. In all balloting
proposing limitations not specifically a bill or joint resolution reported by a
blanks shall be rejected, may not be
contained or authorized in existing law committee not having that jurisdic-
counted in the enumeration of votes,
for the period of the limitation or pro- tion. A point of order against a tax or
and may not be reported by the tellers.
posing germane amendments that re- tariff measure in such a bill, joint reso-
RULE XXI trench expenditures by reductions of lution, or amendment thereto may be
RESTRICTIONS ON CERTAIN BILLS amounts of money covered by the bill raised at any time during pendency of
Reservation of certain points of order may be considered. that measure for amendment.
(e) A provision other than an appro- (2) For purposes of subparagraph (1),
1. At the time a general appropria- a tax or tariff measure includes an
priation designated an emergency
tion bill is reported, all points of order amendment proposing a limitation on
under section 251(b)(2) or section 252(e)
against provisions therein shall be con- funds in a general appropriation bill for
of the Balanced Budget and Emergency
sidered as reserved. the administration of a tax or tariff.
Deficit Control Act, a rescission of
General appropriation bills and budget authority, or a reduction in di- Consideration of retroactive tax rate
amendments rect spending or an amount for a des- increases
2. (a)(1) An appropriation may not be ignated emergency may not be re-
(b) It shall not be in order to consider
reported in a general appropriation ported in an appropriation bill or joint
a bill, joint resolution, amendment, or
bill, and may not be in order as an resolution containing an emergency
conference report carrying a retro-
amendment thereto, for an expenditure designation under section 251(b)(2) or
active Federal income tax rate in-
not previously authorized by law, ex- section 252(e) of such Act and may not
crease. In this paragraph—
cept to continue appropriations for be in order as an amendment thereto.
(1) the term ‘‘Federal income tax
public works and objects that are al- (f) During the reading of an appro- rate increase’’ means any amend-
ready in progress. priation bill for amendment in the ment to subsection (a), (b), (c), (d), or
(2) A reappropriation of unexpended Committee of the Whole House on the (e) of section 1, or to section 11(b) or
balances of appropriations may not be state of the Union, it shall be in order 55(b), of the Internal Revenue Code of
reported in a general appropriation to consider en bloc amendments pro- 1986, that imposes a new percentage
bill, and may not be in order as an posing only to transfer appropriations as a rate of tax and thereby increases
amendment thereto, except to continue among objects in the bill without in- the amount of tax imposed by any
appropriations for public works and ob- creasing the levels of budget authority such section; and
jects that are already in progress. This or outlays in the bill. When considered (2) a Federal income tax rate in-
subparagraph does not apply to trans- en bloc under this paragraph, such crease is retroactive if it applies to a
fers of unexpended balances within the amendments may amend portions of period beginning before the enact-
department or agency for which they the bill not yet read for amendment ment of the provision.
were originally appropriated that are (following disposition of any points of
reported by the Committee on Appro- order against such portions) and are Designation of public works
priations. not subject to a demand for division of 6. It shall not be in order to consider
(b) A provision changing existing law the question in the House or in the a bill, joint resolution, amendment, or
may not be reported in a general appro- Committee of the Whole. conference report that provides for the
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35
RULES OF THE
Rule XXI, clause 6 Rule XXI, clause 10

designation or redesignation of a public ponent has caused a list of congres- quired by paragraph (a) or a statement
work in honor of an individual then sional earmarks, limited tax bene- that the proposition contains no con-
serving as a Member, Delegate, Resi- fits, and limited tariff benefits in the gressional earmarks, limited tax bene-
dent Commissioner, or Senator. amendment (and the name of any fits, or limited tariff benefits.
7. It shall not be in order to consider Member, Delegate, or Resident Com- (e) For the purpose of this clause, the
a concurrent resolution on the budget, missioner who submitted a request to term ‘‘congressional earmark’’ means a
or an amendment thereto, or a con- the proponent for each respective provision or report language included
ference report thereon that contains item included in such list) or a state- primarily at the request of a Member,
reconciliation directives under section ment that the proposition contains Delegate, Resident Commissioner, or
310 of the Congressional Budget Act of no congressional earmarks, limited Senator providing, authorizing or rec-
1974 that specify changes in law such tax benefits, or limited tariff benefits ommending a specific amount of dis-
that the reconciliation legislation re- to be printed in the Congressional cretionary budget authority, credit au-
ported pursuant to such directives Record prior to its consideration; or thority, or other spending authority
would cause an increase in net direct (4) a conference report to accom- for a contract, loan, loan guarantee,
spending (as such term is defined in pany a bill or joint resolution unless grant, loan authority, or other expend-
clause 10) for the period covered by the joint explanatory statement pre- iture with or to an entity, or targeted
such concurrent resolution. pared by the managers on the part of to a specific State, locality or Congres-
8. With respect to measures consid- the House and the managers on the sional district, other than through a
ered pursuant to a special order of part of the Senate includes a list of statutory or administrative formula-
business, points of order under title III congressional earmarks, limited tax driven or competitive award process.
of the Congressional Budget Act of 1974 benefits, and limited tariff benefits (f) For the purpose of this clause, the
shall operate without regard to wheth- in the conference report or joint term ‘‘limited tax benefit’’ means—
er the measure concerned has been re- statement (and the name of any (1) any revenue-losing provision
ported from committee. Such points of Member, Delegate, Resident Commis- that—
order shall operate with respect to (as sioner, or Senator who submitted a (A) provides a Federal tax deduc-
the case may be)— request to the House or Senate com- tion, credit, exclusion, or pref-
(a) the form of a measure rec- mittees of jurisdiction for each re- erence to 10 or fewer beneficiaries
ommended by the reporting com- spective item included in such list) under the Internal Revenue Code of
mittee where the statute uses the or a statement that the proposition
1986, and
term ‘‘as reported’’ (in the case of a contains no congressional earmarks,
measure that has been so reported); limited tax benefits, or limited tariff (B) contains eligibility criteria
(b) the form of the measure made in benefits. that are not uniform in application
order as an original bill or joint reso- (b) It shall not be in order to consider with respect to potential bene-
lution for the purpose of amendment; a conference report to accompany a ficiaries of such provision; or
or regular general appropriation bill un- (2) any Federal tax provision which
(c) the form of the measure on less the joint explanatory statement provides one beneficiary temporary
which the previous question is or- prepared by the managers on the part or permanent transition relief from a
dered directly to passage. of the House and the managers on the change to the Internal Revenue Code
9. (a) It shall not be in order to con- part of the Senate includes— of 1986.
sider— (1) a list of congressional earmarks, (g) For the purpose of this clause, the
(1) a bill or joint resolution re- limited tax benefits, and limited tar- term ‘‘limited tariff benefit’’ means a
ported by a committee unless the re- iff benefits in the conference report provision modifying the Harmonized
port includes a list of congressional or joint statement (and the name of Tariff Schedule of the United States in
earmarks, limited tax benefits, and any Member, Delegate, Resident a manner that benefits 10 or fewer enti-
limited tariff benefits in the bill or in Commissioner, or Senator who sub- ties.
the report (and the name of any mitted a request to the House or Sen- 10. (a)(1) Except as provided in para-
Member, Delegate, or Resident Com- ate committees of jurisdiction for graphs (b) and (c), it shall not be in
missioner who submitted a request to each respective item included in such order to consider any bill, joint resolu-
the committee for each respective list) that were neither committed to tion, amendment, or conference report
item included in such list) or a state- the conference committee by either if the provisions of such measure af-
ment that the proposition contains House nor in a report of a committee fecting direct spending and revenues
no congressional earmarks, limited of either House on such bill or on a have the net effect of increasing the
tax benefits, or limited tariff bene- companion measure; or deficit or reducing the surplus for ei-
fits; (2) a statement that the propo- ther the period comprising—
(2) a bill or joint resolution not re- sition contains no such congressional (A) the current fiscal year, the
ported by a committee unless the earmarks, limited tax benefits, or budget year, and the four fiscal years
chair of each committee of initial re- limited tariff benefits. following that budget year; or
ferral has caused a list of congres- (c) It shall not be in order to consider (B) the current fiscal year, the
sional earmarks, limited tax bene- a rule or order that waives the applica- budget year, and the nine fiscal years
fits, and limited tariff benefits in the tion of paragraph (a) or (b). As disposi- following that budget year.
bill (and the name of any Member, tion of a point of order under this para- (2) The effect of such measure on the
Delegate, or Resident Commissioner graph or paragraph (b), the Chair shall deficit or surplus shall be determined
who submitted a request to the com- put the question of consideration with on the basis of estimates made by the
mittee for each respective item in- respect to the rule or order or con- Committee on the Budget relative to
cluded in such list) or a statement ference report, as applicable. The ques- baseline estimates supplied by the Con-
that the proposition contains no con- tion of consideration shall be debatable gressional Budget Office consistent
gressional earmarks, limited tax ben- for 10 minutes by the Member initi- with section 257 of the Balanced Budget
efits, or limited tariff benefits to be ating the point of order and for 10 min- and Emergency Deficit Control Act of
printed in the Congressional Record utes by an opponent, but shall other- 1985.
prior to its consideration; wise be decided without intervening (b) If a bill, joint resolution, or
(3) an amendment to a bill or joint motion except one that the House ad- amendment is considered pursuant to a
resolution to be offered at the outset journ. special order of the House directing the
of its consideration for amendment (d) In order to be cognizable by the Clerk to add as new matter at the end
by a member of a committee of ini- Chair, a point of order raised under of such measure the provisions of a sep-
tial referral as designated in a report paragraph (a) may be based only on the arate measure as passed by the House,
of the Committee on Rules to accom- failure of a report, submission to the the provisions of such separate meas-
pany a resolution prescribing a spe- Congressional Record, or joint explana- ure as passed by the House shall be in-
cial order of business unless the pro- tory statement to include a list re- cluded in the evaluation under para-
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36
HOUSE OF REPRESENTATIVES
Rule XXI, clause 10 Rule XXII, clause 8

graph (a) of the bill, joint resolution, resolution may be considered with text Journal or the conduct of a record
or amendment. different from the text reported, there vote, a vote by division, or a quorum
(c)(1) Except as provided in subpara- shall be made available on a publicly call.
graph (2), the evaluation under para- available website of the House a docu- (b)(1) Subject to subparagraph (2) the
graph (a) shall exclude a provision ex- ment that shows, by appropriate typo- time allotted for debate on a motion to
pressly designated as an emergency for graphical devices, the differences be- instruct managers on the part of the
purposes of pay-as-you-go principles in tween the text of the bill or joint reso- House shall be equally divided between
the case of a point of order under this lution as proposed to be considered and the majority and minority parties.
clause against consideration of— the text of the bill or joint resolution (2) If the proponent of a motion to in-
(A) a bill or joint resolution; as reported. struct managers on the part of the
(B) an amendment made in order as RULE XXII House and the Member, Delegate, or
original text by a special order of Resident Commissioner of the other
business; HOUSE AND SENATE RELATIONS party identified under subparagraph (1)
(C) a conference report; or Senate amendments both support the motion, one-third of
(D) an amendment between the 1. A motion to disagree to Senate the time for debate thereon shall be al-
Houses. amendments to a House proposition lotted to a Member, Delegate, or Resi-
(2) In the case of an amendment and to request or agree to a conference dent Commissioner who opposes the
(other than one specified in subpara- with the Senate, or a motion to insist motion on demand of that Member,
graph (1)) to a bill or joint resolution, on House amendments to a Senate Delegate, or Resident Commissioner.
the evaluation under paragraph (a) proposition and to request or agree to (c)(1) A motion to instruct managers
shall give no cognizance to any des- a conference with the Senate, shall be on the part of the House, or a motion
ignation of emergency. privileged in the discretion of the to discharge all managers on the part
(3) If a bill, joint resolution, an Speaker if offered by direction of the of the House and to appoint new con-
amendment made in order as original primary committee and of all reporting ferees, shall be privileged after a con-
text by a special order of business, a committees that had initial referral of ference committee has been appointed
conference report, or an amendment the proposition. for 45 calendar days and 25 legislative
between the Houses includes a provi- 2. A motion to dispose of House bills days without making a report, but only
sion expressly designated as an emer- with Senate amendments not requiring on the day after the calendar day on
gency for purposes of pay-as-you-go consideration in the Committee of the which the Member, Delegate, or Resi-
principles, the Chair shall put the ques- Whole House on the state of the Union dent Commissioner offering the motion
tion of consideration with respect shall be privileged. announces to the House intention to do
thereto. 3. Except as permitted by clause 1, so and the form of the motion.
(d) For the purpose of this clause, the (2) The Speaker may designate a time
before the stage of disagreement, a
terms ‘‘budget year’’ and ‘‘current in the legislative schedule on that leg-
Senate amendment to a House bill or
year’’ have the meanings specified in islative day for consideration of a mo-
resolution shall be subject to the point
section 250 of the Balanced Budget and tion described in subparagraph (1).
of order that it must first be consid-
Emergency Deficit Control Act of 1985, (3) During the last six days of a ses-
ered in the Committee of the Whole
and the term ‘‘direct spending’’ has the sion of Congress, a motion under sub-
House on the state of the Union if,
meaning specified in such section 250 paragraph (1) shall be privileged after a
originating in the House, it would be
except that such term shall also in- conference committee has been ap-
subject to such a point under clause 3
clude provisions in appropriations Acts pointed for 36 hours without making a
of rule XVIII.
that make outyear modifications to report and the proponent meets the no-
4. When the stage of disagreement
substantive law as described in section tice requirement in subparagraph (1).
has been reached on a bill or resolution
3(4)(C) of the Statutory Pay-As-You-Go (d) Instructions to conferees in a mo-
with House or Senate amendments, a
Act of 2010. tion to instruct or in a motion to re-
motion to dispose of any amendment
11. It shall not be in order to consider commit to conference may not include
shall be privileged.
a bill or joint resolution which has not argument.
5. (a) Managers on the part of the
been reported by a committee until (e) Each conference report to the
House may not agree to a Senate
such measure has been available to House shall be printed as a report of
amendment described in paragraph (b)
Members, Delegates, and the Resident the House. Each such report shall be
unless specific authority to agree to
Commissioner for 72 hours. accompanied by a joint explanatory
the amendment first is given by the
12. (a)(1) Before a bill or joint resolu- statement prepared jointly by the man-
House by a separate vote with respect
tion proposing to repeal or amend a agers on the part of the House and the
thereto. If specific authority is not
statute or part thereof may be consid- managers on the part of the Senate.
granted, the Senate amendment shall
ered, there shall be made available on a The joint explanatory statement shall
be reported in disagreement by the
publicly available website of the House be sufficiently detailed and explicit to
conference committee back to the two
an easily searchable electronic com- inform the House of the effects of the
Houses for disposition by separate mo-
parative print that shows how the bill report on the matters committed to
tion.
or joint resolution proposes to change conference.
(b) The managers on the part of the
current law, showing (to the greatest 8. (a)(1) Except as specified in sub-
House may not agree to a Senate
extent practicable) by appropriate ty- paragraph (2), it shall not be in order
amendment described in paragraph (a)
pographical devices the omissions and to consider a conference report until—
that—
insertions proposed. (1) would violate clause 2(a)(1) or (A) the conference report and the
(2) Before an amendment in the na- accompanying joint explanatory
(c) of rule XXI if originating in the
ture of a substitute may be considered statement have been available to
House; or
if the amendment proposes to repeal or (2) proposes an appropriation on a Members, Delegates, and the Resi-
amend a statute or part thereof, there bill other than a general appropria- dent Commissioner for 72 hours in
shall be made available on a publicly tion bill. the Congressional Record or pursuant
available website of the House an eas- 6. A Senate amendment carrying a to clause 3 of rule XXIX; and
ily searchable electronic comparative tax or tariff measure in violation of (B) printed or electronic copies of
print that shows (to the greatest ex- clause 5(a) of rule XXI may not be the conference report and the accom-
tent practicable) how the amendment agreed to. panying joint explanatory statement
proposes to change current law, show- have been available to Members, Del-
ing by appropriate typographical de- Conference reports; amendments egates, and the Resident Commis-
vices the omissions and insertions pro- reported in disagreement sioner for at least two hours.
posed. 7. (a) The presentation of a con- (2) Subparagraph (1)(A) does not
(b) If a committee reports a bill or ference report shall be in order at any apply during the last six days of a ses-
joint resolution, before the bill or joint time except during a reading of the sion of Congress.
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37
RULES OF THE
Rule XXII, clause 8 Rule XXII, clause 12

(b)(1) Except as specified in subpara- on the part of the House may propose a (A) if the conference report accom-
graph (2), it shall not be in order to substitute that is a germane modifica- panied a House measure amended by
consider a motion to dispose of a Sen- tion of the matter in disagreement. the Senate, the pending question
ate amendment reported in disagree- The introduction of any language pre- shall be whether the House shall re-
ment by a conference committee senting specific additional matter not cede and concur in the Senate
until— committed to the conference com- amendment with an amendment con-
(A) the report in disagreement and mittee by either House does not con- sisting of so much of the conference
any accompanying statement have stitute a germane modification of the report as was not rejected; and
been available to Members, Dele- matter in disagreement. Moreover, a (B) if the conference report accom-
gates, and the Resident Commis- conference report may not include panied a Senate measure amended by
sioner for 72 hours in the Congres- matter not committed to the con- the House, the pending question shall
sional Record; and ference committee by either House and be whether the House shall insist fur-
(B) copies of the report in disagree- may not include a modification of spe- ther on the House amendment.
ment and any accompanying state- cific matter committed to the con- (3) After the House has adopted one
ment, together with the text of the ference committee by either or both or more motions to reject nongermane
Senate amendment, have been avail- Houses if that modification is beyond matter contained in a motion that the
able to Members, Delegates, and the the scope of that specific matter as House recede and concur in a Senate
Resident Commissioner for at least committed to the conference com- amendment, with or without amend-
two hours. mittee. ment, the following motions shall be
(2) Subparagraph (1)(A) does not 10. (a)(1) A Member, Delegate, or privileged and shall have precedence in
apply during the last six days of a ses- Resident Commissioner may raise a the order stated:
sion of Congress. point of order against nongermane (A) A motion that the House recede
(3) During consideration of a Senate matter, as specified in subparagraph and concur in the Senate amendment
amendment reported in disagreement (2), before the commencement of de- with an amendment in writing then
by a conference committee on a gen- bate on— available on the floor.
eral appropriation bill, a motion to in- (A) a conference report;
(B) A motion that the House insist
sist on disagreement to the Senate (B) a motion that the House recede
on its disagreement to the Senate
amendment shall be preferential to any from its disagreement to a Senate
amendment and request a further
other motion to dispose of that amend- amendment reported in disagreement
conference with the Senate.
ment if the original motion offered by by a conference committee and con-
the floor manager proposes to change cur therein, with or without amend- (C) A motion that the House insist
existing law and the motion to insist is ment; or on its disagreement to the Senate
offered before debate on the original (C) a motion that the House recede amendment.
motion by the chair of the committee from its disagreement to a Senate (e) If, on a division of the question on
having jurisdiction of the subject mat- amendment on which the stage of a motion described in paragraph
ter of the amendment or a designee. disagreement has been reached and (a)(1)(B) or (C), the House agrees to re-
Such a preferential motion shall be concur therein, with or without cede, then a Member, Delegate, or Resi-
separately debatable for one hour amendment. dent Commissioner may raise a point
equally divided between its proponent (2) A point of order against non- of order against nongermane matter, as
and the proponent of the original mo- germane matter is one asserting that a specified in paragraph (a)(2), before the
tion. The previous question shall be proposition described in subparagraph commencement of debate on concur-
considered as ordered on the pref- (1) contains specified matter that ring in the Senate amendment, with or
erential motion to its adoption without would violate clause 7 of rule XVI if it without amendment. A point of order
intervening motion. were offered in the House as an amend- under this paragraph shall be disposed
(c) A conference report or a Senate ment to the underlying measure in the of according to the preceding provi-
amendment reported in disagreement form it was passed by the House. sions of this clause in the same manner
by a conference committee that has (b) If a point of order under para- as a point of order under paragraph (a).
been available as provided in paragraph graph (a) is sustained, a motion that 11. It shall not be in order to consider
(a) or (b) shall be considered as read the House reject the nongermane mat- a conference report to accompany a
when called up. ter identified by the point of order bill or joint resolution that proposes to
(d)(1) Subject to subparagraph (2), the shall be privileged. Such a motion is amend the Internal Revenue Code of
time allotted for debate on a con- debatable for 40 minutes, one-half in 1986 unless—
ference report or on a motion to dis- favor of the motion and one-half in op- (a) the joint explanatory statement
pose of a Senate amendment reported position thereto. of the managers includes a tax com-
in disagreement by a conference com- (c) After disposition of a point of plexity analysis prepared by the
mittee shall be equally divided between order under paragraph (a) or a motion Joint Committee on Taxation in ac-
the majority and minority parties. to reject under paragraph (b), any fur- cordance with section 4022(b) of the
(2) If the floor manager for the ma- ther points of order under paragraph Internal Revenue Service Restruc-
jority and the floor manager for the (a) not covered by a previous point of turing and Reform Act of 1998; or
minority both support the conference order, and any consequent motions to (b) the chair of the Committee on
report or motion, one-third of the time reject under paragraph (b), shall be Ways and Means causes such a tax
for debate thereon shall be allotted to likewise disposed of. complexity analysis to be printed in
a Member, Delegate, or Resident Com- (d)(1) If a motion to reject under the Congressional Record before con-
missioner who opposes the conference paragraph (b) is adopted, then after dis- sideration of the conference report.
report or motion on demand of that position of all points of order under 12. (a)(1) Subject to subparagraph (2),
Member, Delegate, or Resident Com- paragraph (a) and any consequent mo- a meeting of each conference com-
missioner. tions to reject under paragraph (b), the mittee shall be open to the public.
(e) Under clause 6(a)(2) of rule XIII, a conference report or motion, as the (2) In open session of the House, a
resolution proposing only to waive a case may be, shall be considered as re- motion that managers on the part of
requirement of this clause concerning jected and the matter remaining in dis- the House be permitted to close to the
the availability of reports to Members, agreement shall be disposed of under public a meeting or meetings of their
Delegates, and the Resident Commis- subparagraph (2) or (3), as the case may conference committee shall be privi-
sioner may be considered by the House be. leged, shall be decided without debate,
on the same day it is reported by the (2) After the House has adopted one and shall be decided by the yeas and
Committee on Rules. or more motions to reject nongermane nays.
9. Whenever a disagreement to an matter contained in a conference re- (3) In conducting conferences with
amendment has been committed to a port under the preceding provisions of the Senate, managers on the part of
conference committee, the managers this clause— the House should endeavor to ensure—
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38
HOUSE OF REPRESENTATIVES
Rule XXII, clause 12 Rule XXIII, clause 12

(A) that meetings for the resolu- interest of such individual from any in-law, mother-in-law, son-in-law,
tion of differences between the two source, the receipt of which would daughter-in-law, brother-in-law, sis-
Houses occur only under cir- occur by virtue of influence improp- ter-in-law, stepfather, stepmother,
cumstances in which every manager erly exerted from the position of such stepson, stepdaughter, stepbrother,
on the part of the House has notice of individual in Congress. stepsister, half brother, half sister,
the meeting and a reasonable oppor- 4. A Member, Delegate, Resident grandson, or granddaughter.
tunity to attend; Commissioner, officer, or employee 9. A Member, Delegate, Resident
(B) that all provisions on which the of the House may not accept gifts ex- Commissioner, officer, or employee
two Houses disagree are considered cept as provided by clause 5 of rule of the House may not discharge and
as open to discussion at any meeting XXV. may not refuse to hire an individual,
of a conference committee; and 5. A Member, Delegate, Resident or otherwise discriminate against an
(C) that papers reflecting a con- Commissioner, officer, or employee individual with respect to compensa-
ference agreement are held inviolate of the House may not accept an hono- tion, terms, conditions, or privileges
to change without renewal of the op- rarium for a speech, a writing for of employment, because of the race,
portunity of all managers on the part publication, or other similar activ- color, religion, sex (including marital
of the House to reconsider their deci- ity, except as otherwise provided or parental status), sexual orienta-
sions to sign or not to sign the agree- under rule XXV. tion, gender identity, disability, age,
ment. 6. A Member, Delegate, or Resident or national origin of such individual,
(4) Managers on the part of the House Commissioner— including by committing an act of
shall be provided a unitary time and (a) shall keep the campaign funds sexual harassment against such indi-
place with access to at least one com- of such individual separate from vidual, but may take into consider-
plete copy of the final conference the personal funds of such indi- ation the domicile or political affili-
agreement for the purpose of recording vidual; ation of such individual.
their approval (or not) of the final con- (b) may not convert campaign 10. (a) A Member, Delegate, or Resi-
ference agreement by placing their sig- funds to personal use in excess of dent Commissioner who has been
natures (or not) on the sheets prepared an amount representing reimburse- convicted by a court of record for the
to accompany the conference report ment for legitimate and verifiable commission of a crime for which a
and joint explanatory statement of the campaign expenditures; and sentence of two or more years’ im-
managers. (c) except as provided in clause prisonment may be imposed should
(b) A point of order that a conference 1(b) of rule XXIV, may not expend refrain from participation in the
committee failed to comply with para- funds from a campaign account of business of each committee of which
graph (a) may be raised immediately such individual that are not attrib- such individual is a member, and a
after the conference report is read or utable to bona fide campaign or po- Member should refrain from voting
considered as read. If such a point of litical purposes. on any question at a meeting of the
order is sustained, the conference re- 7. A Member, Delegate, or Resident House or of the Committee of the
port shall be considered as rejected, the Commissioner shall treat as cam- Whole House on the state of the
House shall be considered to have in- paign contributions all proceeds from Union, unless or until judicial or ex-
sisted on its amendments or on dis- testimonial dinners or other fund- ecutive proceedings result in rein-
agreement to the Senate amendments, raising events. statement of the presumption of the
as the case may be, and to have re- 8. (a) A Member, Delegate, Resident innocence of such Member or until
quested a further conference with the Commissioner, or officer of the House the Member is reelected to the House
Senate, and the Speaker may appoint may not retain an employee who does after the date of such conviction.
not perform duties for the offices of (b) A Member, Delegate, or Resi-
new conferees without intervening mo-
the employing authority commensu- dent Commissioner who has been in-
tion.
13. It shall not be in order to consider rate with the compensation such em- dicted for or otherwise formally
a conference report the text of which ployee receives. charged with criminal conduct in any
differs in any way, other than clerical, (b) In the case of a committee em- Federal, State, or local court punish-
from the text that reflects the action ployee who works under the direct able as a felony for which a sentence
of the conferees on all of the dif- supervision of a member of the com- of two or more years’ imprisonment
ferences between the two Houses, as re- mittee other than a chair, the chair may be imposed should submit his or
corded by their placement of their sig- may require that such member affirm her resignation from any standing,
natures (or not) on the sheets prepared in writing that the employee has select, joint or ad hoc committee,
to accompany the conference report complied with clause 8(a) (subject to and any subcommittee thereof, on
and joint explanatory statement of the clause 9 of rule X) as evidence of which he or she serves, and should
managers. compliance by the chair with this step aside from any party caucus or
clause and with clause 9 of rule X. conference leadership position he or
RULE XXIII (c)(1) Except as specified in sub- she holds, unless or until judicial or
CODE OF OFFICIAL CONDUCT paragraph (2)— executive proceedings result in ac-
There is hereby established by and (A) a Member, Delegate, or Resi- quittal or the charges are dismissed
for the House the following code of con- dent Commissioner may not retain or reduced to less than a felony as de-
duct, to be known as the ‘‘Code of Offi- the relative of such individual in a scribed in this paragraph.
cial Conduct’’: paid position; and 11. A Member, Delegate, or Resi-
1. A Member, Delegate, Resident (B) an employee of the House dent Commissioner may not author-
Commissioner, officer, or employee may not accept compensation for ize or otherwise allow an individual,
of the House shall behave at all times work for a committee on which the group, or organization not under the
in a manner that shall reflect relative of such employee serves as direction and control of the House to
creditably on the House. a member. use the words ‘‘Congress of the
2. A Member, Delegate, Resident (2) Subparagraph (1) shall not apply United States,’’ ‘‘House of Represen
Commissioner, officer, or employee in the case of a relative whose perti- tatives,’’ or ‘‘Official Business,’’ or
of the House shall adhere to the spir- nent employment predates the One any combination of words thereof, on
it and the letter of the Rules of the Hundred Thirteenth Congress. any letterhead or envelope.
House and to the rules of duly con- (3) As used in this paragraph, the 12. (a) Except as provided in para-
stituted committees thereof. term ‘‘relative’’ means an individual graph (b), an employee of the House
3. A Member, Delegate, Resident who is related to the Member, Dele- who is required to file a report under
Commissioner, officer, or employee gate, or Resident Commissioner as rule XXVI may not participate per-
of the House may not receive com- father, mother, son, daughter, broth- sonally and substantially as an em-
pensation and may not permit com- er, sister, uncle, aunt, first cousin, ployee of the House in a contact with
pensation to accrue to the beneficial nephew, niece, husband, wife, father- an agency of the executive or judicial
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39
RULES OF THE
Rule XXIII, clause 12 Rule XXIII, clause 18

branches of Government with respect an air carrier or commercial oper- tion the inclusion of language to pro-
to nonlegislative matters affecting ator certificated by an appropriate vide funding for a congressional ear-
any nongovernmental person in foreign civil aviation authority and mark, a limited tax benefit, or a lim-
which the employee has a significant the flight is required to be con- ited tariff benefit in any bill or joint
financial interest. ducted under air carrier safety resolution (or an accompanying re-
(b) Paragraph (a) does not apply if rules; port) or in any conference report on a
an employee first advises the em- (2) the aircraft is owned or leased bill or joint resolution (including an
ploying authority of such employee by a Member, Delegate, Resident accompanying joint explanatory
of a significant financial interest de- Commissioner or a family member statement of managers) on any vote
scribed in paragraph (a) and obtains of a Member, Delegate, or Resident cast by another Member, Delegate, or
from such employing authority a Commissioner (including an air- Resident Commissioner. For purposes
written waiver stating that the par- craft owned by an entity that is not of this clause and clause 17, the
ticipation of the employee in the ac- a public corporation in which the terms ‘‘congressional earmark,’’
tivity described in paragraph (a) is Member, Delegate, Resident Com- ‘‘limited tax benefit,’’ and ‘‘limited
necessary. A copy of each such waiv- missioner or a family member of a tariff benefit’’ shall have the mean-
er shall be filed with the Committee Member, Delegate, or Resident ings given them in clause 9 of rule
on Ethics. Commissioner has an ownership in- XXI.
13. Before a Member, Delegate, terest, provided that such Member, 17. (a) A Member, Delegate, or Resi-
Resident Commissioner, officer, or Delegate, or Resident Commis- dent Commissioner who requests a
employee of the House may have ac- sioner does not use the aircraft any congressional earmark, a limited tax
cess to classified information, the more than the Member, Delegate, benefit, or a limited tariff benefit in
following oath (or affirmation) shall Resident Commissioner, or family any bill or joint resolution (or an ac-
be executed: member’s proportionate share of companying report) or in any con-
‘‘I do solemnly swear (or affirm) ownership allows); ference report on a bill or joint reso-
that I will not disclose any classi- lution (or an accompanying joint
(3) the flight consists of the per-
fied information received in the statement of managers) shall provide
sonal use of an aircraft by a Mem-
course of my service with the a written statement to the chair and
ber, Delegate, or the Resident Com-
House of Representatives, except as ranking minority member of the
missioner that is supplied by—
authorized by the House of Rep- committee of jurisdiction, includ-
(A) an individual on the basis of
resentatives or in accordance with ing—
personal friendship; or
its Rules.’’ (1) the name of the Member, Dele-
Copies of the executed oath (or affir- (B) another Member, Delegate,
or the Resident Commissioner; gate, or Resident Commissioner;
mation) shall be retained as part of
(4) the aircraft is operated by an (2) in the case of a congressional
the records of the House, in the case
entity of the Federal government earmark, the name and address of
of a Member, Delegate, or the Resi-
or an entity of the government of the intended recipient or, if there is
dent Commissioner, by the Clerk, and
any State; or no specifically intended recipient,
in the case of an officer or employee
of the House, by the Sergeant-at- (5) the owner or operator of the the intended location of the activ-
Arms. The Clerk shall make the sig- aircraft is paid a pro rata share of ity;
natories a matter of public record, the fair market value of the normal (3) in the case of a limited tax or
causing the names of each Member, and usual charter fare or rental tariff benefit, identification of the
Delegate, or Resident Commissioner charge for a comparable plane of individual or entities reasonably
who has signed the oath during a comparable size as determined by anticipated to benefit, to the ex-
week (if any) to be published in a por- dividing such cost by the number of tent known to the Member, Dele-
tion of the Congressional Record des- Members, Delegates, or the Resi- gate, or Resident Commissioner;
ignated for that purpose on the last dent Commissioner, officers, or em- (4) the purpose of such congres-
legislative day of the week and mak- ployees of Congress on the flight. sional earmark or limited tax or
ing cumulative lists of such names (c) An advance written request for tariff benefit; and
available each day for public inspec- a waiver of the restriction in para- (5) a certification that the Mem-
tion in an appropriate office of the graph (a) may be granted jointly by ber, Delegate, or Resident Commis-
House. the chair and ranking minority mem- sioner or spouse has no financial
14. A Member, Delegate, or Resi- ber of the Committee on Ethics, sub- interest in such congressional ear-
dent Commissioner may not, with ject to such conditions as they may mark or limited tax or tariff ben-
the intent to influence on the basis of prescribe. efit.
partisan political affiliation an em- (d) In this clause— (b) Each committee shall maintain
ployment decision or employment (1) the term ‘‘campaign funds’’ in- the information transmitted under
practice of any private entity— cludes funds of any political com- paragraph (a), and the written disclo-
(a) take or withhold, or offer or mittee under the Federal Election sures for any congressional ear-
threaten to take or withhold, an of- Campaign Act of 1971, without re- marks, limited tax benefits, or lim-
ficial act; or gard to whether the committee is ited tariff benefits included in any
(b) influence, or offer or threaten an authorized committee of the measure reported by the committee
to influence, the official act of an- Member, Delegate, or Resident or conference report filed by the
other. Commissioner involved under such chair of the committee or any sub-
15. (a) Except as provided in para- Act; committee thereof shall be open for
graphs (b) and (c), a Member, Dele- (2) the term ‘‘family member’’ public inspection.
gate, or Resident Commissioner may means an individual who is related 18. (a) A Member, Delegate, or Resi-
not use personal funds, official funds, to the Member, Delegate, or Resi- dent Commissioner may not engage
or campaign funds for a flight on an dent Commissioner, as father, in a sexual relationship with any em-
aircraft. mother, son, daughter, brother, sis- ployee of the House who works under
(b) Paragraph (a) does not apply ter, husband, wife, father-in-law, or the supervision of the Member, Dele-
if— mother-in-law; and gate, or Resident Commissioner, or
(1) the aircraft is operated by an (3) the term ‘‘on the basis of per- who is an employee of a committee
air carrier or commercial operator sonal friendship’’ has the same on which the Member, Delegate, or
certificated by the Federal Avia- meaning as in clause 5 of rule XXV Resident Commissioner serves. This
tion Administration and the flight and shall be determined as under paragraph does not apply with re-
is required to be conducted under clause 5(a)(3)(D)(ii) of rule XXV. spect to any relationship between
air carrier safety rules, or, in the 16. A Member, Delegate, or Resi- two people who are married to each
case of travel which is abroad, by dent Commissioner may not condi- other.
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40
HOUSE OF REPRESENTATIVES
Rule XXIII, clause 18 Rule XXV, clause 1

(b) A Member, Delegate, Resident Member, Delegate, or Resident Com- Federal, State, or local government
Commissioner, officer, or employee missioner may accept reimbursement officials; or
of the House may not engage in un- from nonpolitical entities in that (c) of a news release to the commu-
welcome sexual advances or conduct amount for transmission to the Chief nications media.
towards another Member, Delegate, Administrative Officer for credit to the Prohibition on use of funds by
Resident Commissioner, officer, or Official Expenses Allowance. Members not elected to succeeding
employee of the House. 3. In this rule the term ‘‘unofficial of-
Congress
(c) In this clause, the term ‘‘em- fice account’’ means an account or re-
ployee’’ includes an applicant for em- pository in which funds are received for 10. Funds from the applicable ac-
ployment, a paid or unpaid intern the purpose of defraying otherwise un- counts described in clause 1(k)(1) of
(including an applicant for an intern- reimbursed expenses allowable under rule X, including funds from com-
ship), a detailee, and an individual section 162(a) of the Internal Revenue mittee expense resolutions, and funds
participating in a fellowship pro- Code of 1986 as ordinary and necessary in any local currencies owned by the
gram. in the operation of a congressional of- United States may not be made avail-
19. (a) In this Code of Official Con- fice, and includes a newsletter fund re- able for travel by a Member, Delegate,
duct, the term ‘‘officer or employee ferred to in section 527(g) of the Inter- Resident Commissioner, or Senator
of the House’’ means an individual nal Revenue Code of 1986. after the date of a general election in
whose compensation is disbursed by which such individual was not elected
Limitations on use of the frank
the Chief Administrative Officer. to the succeeding Congress or, in the
(b) An individual whose services are 4. A Member, Delegate, or Resident case of a Member, Delegate, or Resi-
compensated by the House pursuant Commissioner shall mail franked mail dent Commissioner who is not a can-
to a consultant contract shall be con- under section 3210(d) of title 39, United didate in a general election, after the
sidered an employee of the House for States Code at the most economical earlier of the date of such general elec-
purposes of clauses 1, 2, 3, 4, 8, 9, and rate of postage practicable. tion or the adjournment sine die of the
13 of this rule. An individual whose 5. Before making a mass mailing, a last regular session of the Congress.
services are compensated by the Member, Delegate, or Resident Com-
missioner shall submit a sample or de- RULE XXV
House pursuant to a consultant con-
tract may not lobby the contracting scription of the mail matter involved LIMITATIONS ON OUTSIDE EARNED
committee or the members or staff of to the House Commission on Congres- INCOME AND ACCEPTANCE OF GIFTS
the contracting committee on any sional Mailing Standards for an advi-
sory opinion as to whether the pro- Outside earned income; honoraria
matter. Such an individual may
lobby other Members, Delegates, or posed mailing is in compliance with ap- 1. (a) Except as provided by para-
the Resident Commissioner or staff plicable provisions of law, rule, or reg- graph (b), a Member, Delegate, Resi-
of the House on matters outside the ulation. dent Commissioner, officer, or em-
jurisdiction of the contracting com- 6. A mass mailing that is otherwise ployee of the House may not—
mittee. In the case of such an indi- frankable by a Member, Delegate, or (1) have outside earned income at-
vidual who is a member or employee Resident Commissioner under the pro- tributable to a calendar year that ex-
of a firm, partnership, or other busi- visions of section 3210(e) of title 39, ceeds 15 percent of the annual rate of
ness organization, the other members United States Code, is not frankable basic pay for level II of the Executive
and employees of the firm, partner- unless the cost of preparing and print- Schedule under section 5313 of title 5,
ship, or other business organization ing it is defrayed exclusively from United States Code, as of January 1
shall be subject to the same restric- funds made available in an appropria- of that calendar year; or
tions on lobbying that apply to the tion Act. (2) receive any honorarium, except
individual under this paragraph. 7. A Member, Delegate, or Resident that an officer or employee of the
RULE XXIV Commissioner may not send a mass House who is paid at a rate less than
mailing outside the congressional dis- 120 percent of the minimum rate of
LIMITATIONS ON USE OF OFFICIAL FUNDS
trict from which elected. basic pay for GS–15 of the General
Limitations on use of official and 8. In the case of a Member, Delegate, Schedule may receive an honorarium
unofficial accounts or Resident Commissioner, a mass unless the subject matter is directly
1. (a) Except as provided in paragraph mailing is not frankable under section related to the official duties of the
(b), a Member, Delegate, or Resident 3210 of title 39, United States Code, individual, the payment is made be-
Commissioner may not maintain, or when it is postmarked less than 90 days cause of the status of the individual
have maintained for the use of such in- before the date of a primary or general with the House, or the person offer-
dividual, an unofficial office account. election (whether regular, special, or ing the honorarium has interests
Funds may not be paid into an unoffi- runoff) in which such individual is a that may be substantially affected by
cial office account. candidate for public office. If the mail the performance or nonperformance
(b)(1) Except as provided in subpara- matter is of a type that is not custom- of the official duties of the indi-
graph (2), a Member, Delegate, or Resi- arily postmarked, the date on which it vidual.
dent Commissioner may defray official would have been postmarked, if it were (b) In the case of an individual who
expenses with funds of the principal of a type customarily postmarked, ap- becomes a Member, Delegate, Resident
campaign committee of such individual plies. Commissioner, officer, or employee of
under the Federal Election Campaign 9. In this rule the term ‘‘mass mail- the House, such individual may not
Act of 1971 (2 U.S.C. 431 et seq.). ing’’ means, with respect to a session have outside earned income attrib-
(2) The funds specified in subpara- of Congress, a mailing of newsletters or utable to the portion of a calendar year
graph (1) may not be used to defray of- other pieces of mail with substantially that occurs after such individual be-
ficial expenses for mail or other com- identical content (whether such pieces comes a Member, Delegate, Resident
munications, compensation for serv- of mail are deposited singly or in bulk, Commissioner, officer, or employee
ices, office space, office furniture, of- or at the same time or different times), that exceeds 15 percent of the annual
fice equipment, or any associated in- totaling more than 500 pieces of mail in rate of basic pay for level II of the Ex-
formation technology services (exclud- that session, except that such term ecutive Schedule under section 5313 of
ing handheld communications devices). does not include a mailing— title 5, United States Code, as of Janu-
2. Notwithstanding any other provi- (a) of matter in direct response to a ary 1 of that calendar year multiplied
sion of this rule, if an amount from the communication from a person to by a fraction, the numerator of which
Official Expenses Allowance of a Mem- whom the matter is mailed; is the number of days the individual is
ber, Delegate, or Resident Commis- (b) from a Member, Delegate, or a Member, Delegate, Resident Commis-
sioner is paid into the House Recording Resident Commissioner to other sioner, officer, or employee during that
Studio revolving fund for tele- Members, Delegates, the Resident calendar year and the denominator of
communications satellite services, the Commissioner, or Senators, or to which is 365.
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RULES OF THE
Rule XXV, clause 1 Rule XXV, clause 5

(c) A payment in lieu of an hono- whose pay is disbursed by the Chief Ad- vidual holds a controlling interest
rarium that is made to a charitable or- ministrative Officer, who is paid at a and in which both personal services
ganization on behalf of a Member, Del- rate equal to or greater than 120 per- and capital are income-producing
egate, Resident Commissioner, officer, cent of the minimum rate of basic pay factors, any amount received by the
or employee of the House may not be for GS–15 of the General Schedule, and Member, Delegate, Resident Commis-
received by that Member, Delegate, who is so employed for more than 90 sioner, officer, or employee, so long
Resident Commissioner, officer, or em- days in a calendar year. as the personal services actually ren-
ployee. Such a payment may not ex- (2)(A) When used with respect to an dered by such individual in the trade
ceed $2,000 or be made to a charitable honorarium, the term ‘‘officer or em- or business do not generate a signifi-
organization from which the Member, ployee of the House’’ means an indi- cant amount of income; or
Delegate, Resident Commissioner, offi- vidual (other than a Member, Delegate, (E) copyright royalties received
cer, or employee or a parent, sibling, or Resident Commissioner) whose sal- from established publishers under
spouse, child, or dependent relative of ary is disbursed by the Chief Adminis- usual and customary contractual
the Member, Delegate, Resident Com- trative Officer. terms; and
missioner, officer, or employee, derives (B) When used in clause 5 of this rule, (2) outside earned income shall be de-
a financial benefit. the terms ‘‘officer’’ and ‘‘employee’’ termined without regard to community
2. A Member, Delegate, Resident have the same meanings as in rule property law.
Commissioner, officer, or employee of XXIII. (e) In this rule the term ‘‘charitable
the House may not— (b) In this rule the term ‘‘hono- organization’’ means an organization
(a) receive compensation for rarium’’ means a payment of money or described in section 170(c) of the Inter-
affiliating with or being employed by a thing of value for an appearance, nal Revenue Code of 1986.
a firm, partnership, association, cor- speech, or article (including a series of Gifts
poration, or other entity that pro- appearances, speeches, or articles) by a
vides professional services involving Member, Delegate, Resident Commis- 5. (a)(1)(A)(i) A Member, Delegate,
a fiduciary relationship except for sioner, officer, or employee of the Resident Commissioner, officer, or em-
the practice of medicine; House, excluding any actual and nec- ployee of the House may not knowingly
(b) permit the name of such indi- essary travel expenses incurred by that accept a gift except as provided in this
vidual to be used by such a firm, Member, Delegate, Resident Commis- clause.
partnership, association, corporation, sioner, officer, or employee (and one (ii) A Member, Delegate, Resident
or other entity; relative) to the extent that such ex- Commissioner, officer, or employee of
(c) receive compensation for prac- penses are paid or reimbursed by any the House may not knowingly accept a
ticing a profession that involves a fi- other person. The amount otherwise gift from a registered lobbyist or agent
duciary relationship except for the determined shall be reduced by the of a foreign principal or from a private
practice of medicine; amount of any such expenses to the ex- entity that retains or employs reg-
(d) serve for compensation as an of- tent that such expenses are not so paid istered lobbyists or agents of a foreign
ficer or member of the board of an as- or reimbursed. principal except as provided in sub-
sociation, corporation, or other enti- (c) In this rule the term ‘‘travel ex- paragraph (3) of this paragraph.
ty; or penses’’ means, with respect to a Mem- (B)(i) A Member, Delegate, Resident
(e) receive compensation for teach- ber, Delegate, Resident Commissioner, Commissioner, officer, or employee of
ing, without the prior notification officer, or employee of the House, or a the House may accept a gift (other
and approval of the Committee on relative of such Member, Delegate, than cash or cash equivalent) not pro-
Ethics. Resident Commissioner, officer, or em- hibited by subdivision (A)(ii) that the
Copyright royalties ployee, the cost of transportation, and Member, Delegate, Resident Commis-
the cost of lodging and meals while sioner, officer, or employee reasonably
3. (a) A Member, Delegate, Resident and in good faith believes to have a
away from the residence or principal
Commissioner, officer, or employee of value of less than $50 and a cumulative
place of employment of such indi-
the House may not receive an advance
vidual. value from one source during a cal-
payment on copyright royalties. This
(d)(1) In this rule the term ‘‘outside endar year of less than $100. A gift hav-
paragraph does not prohibit a literary
earned income’’ means, with respect to ing a value of less than $10 does not
agent, researcher, or other individual
a Member, Delegate, Resident Commis- count toward the $100 annual limit.
(other than an individual employed by
sioner, officer, or employee of the The value of perishable food sent to an
the House or a relative of a Member,
House, wages, salaries, fees, and other office shall be allocated among the in-
Delegate, Resident Commissioner, offi-
amounts received or to be received as dividual recipients and not to the
cer, or employee) working on behalf of
compensation for personal services ac- Member, Delegate, or Resident Com-
a Member, Delegate, Resident Commis-
tually rendered, but does not include — missioner. Formal recordkeeping is not
sioner, officer, or employee with re-
(A) the salary of a Member, Dele- required by this subdivision, but a
spect to a publication from receiving
gate, Resident Commissioner, officer, Member, Delegate, Resident Commis-
an advance payment of a copyright
or employee; sioner, officer, or employee of the
royalty directly from a publisher and
(B) any compensation derived by a House shall make a good faith effort to
solely for the benefit of that literary
Member, Delegate, Resident Commis- comply with this subdivision.
agent, researcher, or other individual.
sioner, officer, or employee of the (ii) A gift of a ticket to a sporting or
(b) A Member, Delegate, Resident
House for personal services actually entertainment event shall be valued at
Commissioner, officer, or employee of
rendered before the adoption of this the face value of the ticket or, in the
the House may not receive copyright
rule or before such individual became case of a ticket without a face value, at
royalties under a contract entered into
a Member, Delegate, Resident Com- the highest cost of a ticket with a face
on or after January 1, 1996, unless that
missioner, officer, or employee; value for the event. The price printed
contract is first approved by the Com-
(C) any amount paid by, or on be- on a ticket to an event shall be deemed
mittee on Ethics as complying with the
half of, a Member, Delegate, Resident its face value only if it also is the price
requirement of clause 4(d)(1)(E) (that
Commissioner, officer, or employee at which the issuer offers that ticket
royalties are received from an estab-
of the House to a tax-qualified pen- for sale to the public.
lished publisher under usual and cus-
sion, profit-sharing, or stock bonus (2)(A) In this clause the term ‘‘gift’’
tomary contractual terms).
plan and received by such individual means a gratuity, favor, discount, en-
Definitions from such a plan; tertainment, hospitality, loan, forbear-
4. (a)(1) In this rule, except as pro- (D) in the case of a Member, Dele- ance, or other item having monetary
vided in subparagraph (2), the term ‘‘of- gate, Resident Commissioner, officer, value. The term includes gifts of serv-
ficer or employee of the House’’ means or employee of the House engaged in ices, training, transportation, lodging,
an individual (other than a Member, a trade or business in which such in- and meals, whether provided in kind,
Delegate, or Resident Commissioner) dividual or the family of such indi- by purchase of a ticket, payment in ad-
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42
HOUSE OF REPRESENTATIVES
Rule XXV, clause 5 Rule XXV, clause 5

vance, or reimbursement after the ex- duction or business reimbursement such training is in the interest of the
pense has been incurred. for the gift. House.
(B)(i) A gift to a family member of a (III) Whether to the actual (M) Bequests, inheritances, and
Member, Delegate, Resident Commis- knowledge of such individual the other transfers at death.
sioner, officer, or employee of the individual who gave the gift also (N) An item, the receipt of which is
House, or a gift to any other individual gave the same or similar gifts to authorized by the Foreign Gifts and
based on that individual’s relationship other Members, Delegates, the Decorations Act, the Mutual Edu-
with the Member, Delegate, Resident Resident Commissioners, officers, cational and Cultural Exchange Act,
Commissioner, officer, or employee, or employees of the House. or any other statute.
shall be considered a gift to the Mem- (E) Except as provided in paragraph (O) Anything that is paid for by the
ber, Delegate, Resident Commissioner, (e)(3), a contribution or other pay- Federal Government, by a State or
officer, or employee if it is given with ment to a legal expense fund estab- local government, or secured by the
the knowledge and acquiescence of the lished for the benefit of a Member, Government under a Government
Member, Delegate, Resident Commis- Delegate, Resident Commissioner, of- contract.
sioner, officer, or employee and the ficer, or employee of the House that (P) A gift of personal hospitality
Member, Delegate, Resident Commis- is otherwise lawfully made in accord- (as defined in section 109(14) of the
sioner, officer, or employee has reason ance with the restrictions and disclo- Ethics in Government Act) of an in-
to believe the gift was given because of sure requirements of the Committee dividual other than a registered lob-
the official position of such individual. on Ethics. byist or agent of a foreign principal.
(ii) If food or refreshment is provided (F) A gift from another Member, (Q) Free attendance at an event
at the same time and place to both a Delegate, Resident Commissioner, of- permitted under subparagraph (4).
Member, Delegate, Resident Commis- ficer, or employee of the House or (R) Opportunities and benefits that
sioner, officer, or employee of the Senate. are—
House and the spouse or dependent (G) Food, refreshments, lodging, (i) available to the public or to a
thereof, only the food or refreshment transportation, and other benefits— class consisting of all Federal em-
provided to the Member, Delegate, (i) resulting from the outside ployees, whether or not restricted
Resident Commissioner, officer, or em- business or employment activities on the basis of geographic consider-
ployee shall be treated as a gift for pur- of the Member, Delegate, Resident ation;
poses of this clause. Commissioner, officer, or employee (ii) offered to members of a group
(3) The restrictions in subparagraph of the House (or other outside ac- or class in which membership is un-
(1) do not apply to the following: tivities that are not connected to related to congressional employ-
(A) Anything for which the Mem- the duties of such individual as an ment;
ber, Delegate, Resident Commis- officeholder), or of the spouse of (iii) offered to members of an or-
sioner, officer, or employee of the such individual, if such benefits ganization, such as an employees’
House pays the market value, or does have not been offered or enhanced association or congressional credit
not use and promptly returns to the because of the official position of union, in which membership is re-
donor. such individual and are custom- lated to congressional employment
(B) A contribution, as defined in arily provided to others in similar and similar opportunities are avail-
section 301(8) of the Federal Election circumstances; able to large segments of the public
Campaign Act of 1971 (2 U.S.C. 431) (ii) customarily provided by a through organizations of similar
that is lawfully made under that Act, prospective employer in connection size;
a lawful contribution for election to with bona fide employment discus- (iv) offered to a group or class
a State or local government office, or sions; or that is not defined in a manner
attendance at a fundraising event (iii) provided by a political orga- that specifically discriminates
sponsored by a political organization nization described in section 527(e) among Government employees on
described in section 527(e) of the In- of the Internal Revenue Code of the basis of branch of Government
ternal Revenue Code of 1986. 1986 in connection with a fund- or type of responsibility, or on a
(C) A gift from a relative as de- raising or campaign event spon- basis that favors those of higher
scribed in section 109(16) of title I of sored by such organization. rank or rate of pay;
the Ethics in Government Act of 1978 (H) Pension and other benefits re- (v) in the form of loans from
(5 U.S.C. App. 109(16)). sulting from continued participation banks and other financial institu-
(D)(i) Anything provided by an in- in an employee welfare and benefits tions on terms generally available
dividual on the basis of a personal plan maintained by a former em- to the public; or
friendship unless the Member, Dele- ployer. (vi) in the form of reduced mem-
gate, Resident Commissioner, officer, (I) Informational materials that bership or other fees for participa-
or employee of the House has reason are sent to the office of the Member, tion in organization activities of-
to believe that, under the cir- Delegate, Resident Commissioner, of- fered to all Government employees
cumstances, the gift was provided be- ficer, or employee of the House in the by professional organizations if the
cause of the official position of such form of books, articles, periodicals, only restrictions on membership
individual and not because of the per- other written materials, audiotapes, relate to professional qualifica-
sonal friendship. videotapes, or other forms of commu- tions.
(ii) In determining whether a gift is nication. (S) A plaque, trophy, or other item
provided on the basis of personal (J) Awards or prizes that are given that is substantially commemorative
friendship, the Member, Delegate, to competitors in contests or events in nature and that is intended for
Resident Commissioner, officer, or open to the public, including random presentation.
employee of the House shall consider drawings. (T) Anything for which, in an un-
the circumstances under which the (K) Honorary degrees (and associ- usual case, a waiver is granted by the
gift was offered, such as: ated travel, food, refreshments, and Committee on Ethics.
(I) The history of the relationship entertainment) and other bona fide, (U) Food or refreshments of a nomi-
of such individual with the indi- nonmonetary awards presented in nal value offered other than as a part
vidual giving the gift, including recognition of public service (and as- of a meal.
any previous exchange of gifts be- sociated food, refreshments, and en- (V) Donations of products from the
tween them. tertainment provided in the presen- district or State that the Member,
(II) Whether to the actual knowl- tation of such degrees and awards). Delegate, or Resident Commissioner
edge of such individual the indi- (L) Training (including food and re- represents that are intended pri-
vidual who gave the gift personally freshments furnished to all attendees marily for promotional purposes,
paid for the gift or sought a tax de- as an integral part of the training) if such as display or free distribution,
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43
RULES OF THE
Rule XXV, clause 5 Rule XXV, clause 5

and are of minimal value to any sin- plies. A determination under this sub- whose direct supervision the employee
gle recipient. paragraph is not required for gifts works and shall include—
(W) An item of nominal value such given on the basis of the family rela- (A) the name of the employee;
as a greeting card, baseball cap, or a tionship exception in subparagraph (B) the name of the person who will
T-shirt. (3)(C). make the reimbursement;
(4)(A) A Member, Delegate, Resident (6) When it is not practicable to re- (C) the time, place, and purpose of
Commissioner, officer, or employee of turn a tangible item because it is per- the travel; and
the House may accept an offer of free ishable, the item may, at the discre- (D) a determination that the travel
attendance at a widely attended con- tion of the recipient, be given to an ap- is in connection with the duties of
vention, conference, symposium, propriate charity or destroyed. the employee as an officeholder and
forum, panel discussion, dinner, view- (b)(1)(A) A reimbursement (including would not create the appearance that
ing, reception, or similar event, pro- payment in kind) to a Member, Dele- the employee is using public office
vided by the sponsor of the event, if— gate, Resident Commissioner, officer, for private gain.
(i) the Member, Delegate, Resident or employee of the House for necessary (3) Each disclosure made under sub-
Commissioner, officer, or employee transportation, lodging, and related ex- paragraph (1)(A) shall be signed by the
of the House participates in the event penses for travel to a meeting, speak- Member, Delegate, Resident Commis-
as a speaker or a panel participant, ing engagement, factfinding trip, or sioner, or officer (in the case of travel
by presenting information related to similar event in connection with the by that Member, Delegate, Resident
Congress or matters before Congress, duties of such individual as an office- Commissioner, or officer) or by the
or by performing a ceremonial func- holder shall be considered as a reim- Member, Delegate, Resident Commis-
tion appropriate to the official posi- bursement to the House and not a gift sioner, or officer under whose direct su-
tion of such individual; or prohibited by this clause when it is pervision the employee works (in the
(ii) attendance at the event is ap- from a private source other than a reg- case of travel by an employee) and
propriate to the performance of the istered lobbyist or agent of a foreign shall include—
official duties or representative func- principal or a private entity that re-
(A) a good faith estimate of total
tion of the Member, Delegate, Resi- tains or employs registered lobbyists
transportation expenses reimbursed
dent Commissioner, officer, or em- or agents of a foreign principal (except
or to be reimbursed;
ployee of the House. as provided in subdivision (C)), if the
(B) A Member, Delegate, Resident Member, Delegate, Resident Commis- (B) a good faith estimate of total
Commissioner, officer, or employee of sioner, officer, or employee— lodging expenses reimbursed or to be
the House who attends an event de- (i) in the case of an employee, re- reimbursed;
scribed in subdivision (A) may accept a ceives advance authorization, from (C) a good faith estimate of total
sponsor’s unsolicited offer of free at- the Member, Delegate, Resident meal expenses reimbursed or to be re-
tendance at the event for an accom- Commissioner, or officer under whose imbursed;
panying individual. direct supervision the employee (D) a good faith estimate of the
(C) A Member, Delegate, Resident works, to accept reimbursement; and total of other expenses reimbursed or
Commissioner, officer, or employee of (ii) discloses the expenses reim- to be reimbursed;
the House, or the spouse or dependent bursed or to be reimbursed and the (E) a determination that all such
thereof, may accept a sponsor’s unso- authorization to the Clerk within 15 expenses are necessary transpor-
licited offer of free attendance at a days after the travel is completed. tation, lodging, and related expenses
charity event, except that reimburse- (B) For purposes of subdivision (A), as defined in subparagraph (4);
ment for transportation and lodging events, the activities of which are sub- (F) a description of meetings and
may not be accepted in connection stantially recreational in nature, are events attended; and
with the event unless— not considered to be in connection with (G) in the case of a reimbursement
(i) all of the net proceeds of the the duties of a Member, Delegate, Resi- to a Member, Delegate, Resident
event are for the benefit of an organi- dent Commissioner, officer, or em- Commissioner, or officer, a deter-
zation described in section 501(c)(3) of ployee of the House as an officeholder. mination that the travel was in con-
the Internal Revenue Code of 1986 and (C) A reimbursement (including pay- nection with the duties of such indi-
exempt from taxation under section ment in kind) to a Member, Delegate, vidual as an officeholder and would
501(a) of such Code; Resident Commissioner, officer, or em- not create the appearance that the
(ii) reimbursement for the trans- ployee of the House for any purpose de- Member, Delegate, Resident Commis-
portation and lodging in connection scribed in subdivision (A) also shall be sioner, or officer is using public of-
with the event is paid by such organi- considered as a reimbursement to the fice for private gain.
zation; and House and not a gift prohibited by this (4) In this paragraph the term ‘‘nec-
(iii) the offer of free attendance at clause (without regard to whether the essary transportation, lodging, and re-
the event is made by such organiza- source retains or employs registered lated expenses’’—
tion. lobbyists or agents of a foreign prin- (A) includes reasonable expenses
(D) In this paragraph the term ‘‘free cipal) if it is, under regulations pre- that are necessary for travel for a pe-
attendance’’ may include waiver of all scribed by the Committee on Ethics to riod not exceeding four days within
or part of a conference or other fee, the implement this provision— the United States or seven days ex-
provision of local transportation, or (i) directly from an institution of clusive of travel time outside of the
the provision of food, refreshments, en- higher education within the meaning United States unless approved in ad-
tertainment, and instructional mate- of section 101 of the Higher Edu- vance by the Committee on Ethics;
rials furnished to all attendees as an cation Act of 1965; or (B) is limited to reasonable expend-
integral part of the event. The term (ii) provided only for attendance at itures for transportation, lodging,
does not include entertainment collat- or participation in a one-day event conference fees and materials, and
eral to the event, nor does it include (exclusive of travel time and an over- food and refreshments, including re-
food or refreshments taken other than night stay). imbursement for necessary transpor-
in a group setting with all or substan- Regulations prescribed to implement tation, whether or not such transpor-
tially all other attendees. this provision may permit a two-night tation occurs within the periods de-
(5) A Member, Delegate, Resident stay when determined by the com- scribed in subdivision (A);
Commissioner, officer, or employee of mittee on a case-by-case basis to be (C) does not include expenditures
the House may not accept a gift the practically required to participate in for recreational activities, nor does it
value of which exceeds $250 on the basis the one-day event. include entertainment other than
of the personal friendship exception in (2) Each advance authorization to ac- that provided to all attendees as an
subparagraph (3)(D) unless the Com- cept reimbursement shall be signed by integral part of the event, except for
mittee on Ethics issues a written de- the Member, Delegate, Resident Com- activities or entertainment otherwise
termination that such exception ap- missioner, or officer of the House under permissible under this clause; and
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HOUSE OF REPRESENTATIVES
Rule XXV, clause 5 Rule XXV, clause 5

(D) may include travel expenses in- (iii) certifies that the trip (f)(1) A charitable contribution (as
curred on behalf of a relative of the meets the requirements specified defined in section 170(c) of the Internal
Member, Delegate, Resident Commis- in rules prescribed by the Com- Revenue Code of 1986) made by a reg-
sioner, officer, or employee. mittee on Ethics to implement istered lobbyist or an agent of a foreign
(5) The Clerk of the House shall make paragraph (b)(1)(C)(ii) of this principal in lieu of an honorarium to a
all advance authorizations, certifi- clause and specifically details the Member, Delegate, Resident Commis-
cations, and disclosures filed pursuant extent of any involvement of a sioner, officer, or employee of the
to this paragraph available for public registered lobbyist or agent of a House is not considered a gift under
inspection as soon as possible after foreign principal in the planning, this clause if it is reported as provided
they are received. organization, request, or arrange- in subparagraph (2).
(c)(1)(A) Except as provided in sub- ment of the trip considered to (2) A Member, Delegate, Resident
division (B), a Member, Delegate, Resi- qualify as de minimis under such Commissioner, officer, or employee
dent Commissioner, officer, or em- rules; who designates or recommends a con-
ployee of the House may not accept a (C) that the source will not ac- tribution to a charitable organization
reimbursement (including payment in cept from another source any funds in lieu of an honorarium described in
kind) for transportation, lodging, or re- earmarked directly or indirectly subparagraph (1) shall report within 30
lated expenses for a trip on which the for the purpose of financing any as- days after such designation or rec-
traveler is accompanied on any seg- pect of the trip; ommendation to the Clerk—
ment by a registered lobbyist or agent (D) that the traveler will not be (A) the name and address of the
of a foreign principal. accompanied on any segment of the registered lobbyist who is making
(B) Subdivision (A) does not apply to trip by a registered lobbyist or the contribution in lieu of an hono-
a trip for which the source of reim- agent of a foreign principal (except rarium;
bursement is an institution of higher in the case of a trip for which the (B) the date and amount of the con-
education within the meaning of sec- source of reimbursement is an in- tribution; and
tion 101 of the Higher Education Act of stitution of higher education with- (C) the name and address of the
1965. in the meaning of section 101 of the charitable organization designated or
(2) A Member, Delegate, Resident Higher Education Act of 1965); and recommended by the Member, Dele-
Commissioner, officer, or employee of (E) that (except as permitted in gate, or Resident Commissioner.
the House may not accept a reimburse- paragraph (b)(1)(C) of this clause) The Clerk shall make public informa-
ment (including payment in kind) for the trip will not in any part be tion received under this subparagraph
transportation, lodging, or related ex- planned, organized, requested, or as soon as possible after it is received.
penses under the exception in para- arranged by a registered lobbyist or (g) In this clause—
graph (b)(1)(C)(ii) of this clause for a agent of a foreign principal; and (1) the term ‘‘registered lobbyist’’
trip that is financed in whole or in part (2) after the Committee on Ethics means a lobbyist registered under the
by a private entity that retains or em- has promulgated the regulations Federal Regulation of Lobbying Act
ploys registered lobbyists or agents of mandated in paragraph (i)(1)(B) of or any successor statute;
a foreign principal unless any involve- this clause, obtain the prior approval (2) the term ‘‘agent of a foreign
ment of a registered lobbyist or agent of the committee for such trip. principal’’ means an agent of a for-
of a foreign principal in the planning, (e) A gift prohibited by paragraph eign principal registered under the
organization, request, or arrangement (a)(1) includes the following: Foreign Agents Registration Act; and
of the trip is de minimis under rules (1) Anything provided by a reg- (3) the terms ‘‘officer’’ and ‘‘em-
prescribed by the Committee on Ethics istered lobbyist or an agent of a for- ployee’’ have the same meanings as
to implement paragraph (b)(1)(C) of eign principal to an entity that is in rule XXIII.
this clause. maintained or controlled by a Mem- (h) All the provisions of this clause
(3) A Member, Delegate, Resident ber, Delegate, Resident Commis- shall be interpreted and enforced solely
Commissioner, officer, or employee of sioner, officer, or employee of the by the Committee on Ethics. The Com-
the House may not accept a reimburse- House. mittee on Ethics is authorized to issue
ment (including payment in kind) for (2) A charitable contribution (as de- guidance on any matter contained in
transportation, lodging, or related ex- fined in section 170(c) of the Internal this clause.
penses for a trip (other than a trip per- Revenue Code of 1986) made by a reg- (i)(1) Not later than 45 days after the
mitted under paragraph (b)(1)(C) of this istered lobbyist or an agent of a for- date of adoption of this paragraph and
clause) if such trip is in any part eign principal on the basis of a des- at annual intervals thereafter, the
planned, organized, requested, or ar- ignation, recommendation, or other Committee on Ethics shall develop and
ranged by a registered lobbyist or specification of a Member, Delegate, revise, as necessary—
agent of a foreign principal. Resident Commissioner, officer, or (A) guidelines on judging the rea-
(d) A Member, Delegate, Resident employee of the House (not including sonableness of an expense or expendi-
Commissioner, officer, or employee of a mass mailing or other solicitation ture for purposes of this clause, in-
the House shall, before accepting travel directed to a broad category of per- cluding the factors that tend to es-
otherwise permissible under paragraph sons or entities), other than a chari- tablish—
(b)(1) of this clause from any private table contribution permitted by para- (i) a connection between a trip
source— graph (f). and official duties;
(1) provide to the Committee on (3) A contribution or other pay- (ii) the reasonableness of an
Ethics before such trip a written cer- ment by a registered lobbyist or an amount spent by a sponsor;
tification signed by the source or (in agent of a foreign principal to a legal (iii) a relationship between an
the case of a corporate person) by an expense fund established for the ben- event and an officially connected
officer of the source— efit of a Member, Delegate, Resident purpose; and
(A) that the trip will not be fi- Commissioner, officer, or employee (iv) a direct and immediate re-
nanced in any part by a registered of the House. lationship between a source of
lobbyist or agent of a foreign prin- (4) A financial contribution or ex- funding and an event; and
cipal; penditure made by a registered lob- (B) regulations describing the in-
(B) that the source either— byist or an agent of a foreign prin- formation it will require individuals
(i) does not retain or employ cipal relating to a conference, re- subject to this clause to submit to
registered lobbyists or agents of a treat, or similar event, sponsored by the committee in order to obtain the
foreign principal; or or affiliated with an official congres- prior approval of the committee for
(ii) is an institution of higher sional organization, for or on behalf any travel covered by this clause, in-
education within the meaning of of Members, Delegates, the Resident cluding any required certifications.
section 101 of the Higher Edu- Commissioner, officers, or employees (2) In developing and revising guide-
cation Act of 1965; or of the House. lines under subparagraph (1)(A), the
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45
RULES OF THE
Rule XXV, clause 5 Rule XXIX, clause 4

committee shall take into account the which the report is filed to the Com- duly certified and examined. The en-
maximum per diem rates for official mittee on Ethics and shall have them grossed copy shall be signed by the
Government travel published annually printed as a House document and made Clerk and transmitted to the Senate
by the General Services Administra- available to the public by August 1 of for further legislative action.
tion, the Department of State, and the each year. 2. The matter after the resolving
Department of Defense. RULE XXVII clause in a joint resolution described in
Claims against the Government DISCLOSURE BY MEMBERS AND STAFF OF clause 1 shall be as follows: ‘‘Section
EMPLOYMENT NEGOTIATIONS 3101(b) of title 31, United States Code,
6. A person may not be an officer or
employee of the House, or continue in shall not apply for the period beginning
1. A Member, Delegate, or Resident
its employment, if acting as an agent on the date of enactment and ending on
Commissioner shall not directly nego-
for the prosecution of a claim against September 30, llll.’’ with the blank
tiate or have any agreement of future
the Government or if interested in such employment or compensation unless being filled with the budget year for
claim, except as an original claimant such Member, Delegate, or Resident the concurrent resolution.
or in the proper discharge of official Commissioner, within 3 business days 3. Nothing in this rule shall be con-
duties. after the commencement of such nego- strued as limiting or otherwise affect-
7. A Member, Delegate, or Resident tiation or agreement of future employ- ing—
Commissioner shall prohibit all staff ment or compensation, files with the (a) the power of the House or the
employed by that Member, Delegate, or Committee on Ethics a statement, Senate to consider and pass bills or
Resident Commissioner (including staff which must be signed by the Member, joint resolutions, without regard to
in personal, committee, and leadership Delegate, or Resident Commissioner, the procedures under clause 1, that
offices) from making any lobbying con- regarding such negotiations or agree- would change the statutory limit on
tact (as defined in section 3 of the Lob- ment, including the name of the pri- the public debt; or
bying Disclosure Act of 1995) with that vate entity or entities involved in such (b) the rights of Members, Dele-
individual’s spouse if that spouse is a negotiations or agreement, and the gates, the Resident Commissioner, or
lobbyist under the Lobbying Disclosure date such negotiations or agreement committees with respect to the intro-
Act of 1995 or is employed or retained commenced. duction, consideration, and reporting
by such a lobbyist for the purpose of 2. An officer or an employee of the of such bills or joint resolutions.
influencing legislation. House earning in excess of 75 percent of 4. In this rule the term ‘‘statutory
8. During the dates on which the na- the salary paid to a Member shall no- limit on the public debt’’ means the
tional political party to which a Mem- tify the Committee on Ethics that such maximum face amount of obligations
ber (including a Delegate or Resident individual is negotiating or has any issued under authority of chapter 31 of
Commissioner) belongs holds its con- agreement of future employment or title 31, United States Code, and obli-
vention to nominate a candidate for compensation. gations guaranteed as to principal and
the office of President or Vice Presi- 3. The disclosure and notification interest by the United States (except
dent, the Member may not participate under this rule shall be made within 3 such guaranteed obligations as may be
in an event honoring that Member, business days after the commencement held by the Secretary of the Treasury),
other than in the capacity as a can- of such negotiation or agreement of fu- as determined under section 3101(b) of
didate for such office, if such event is ture employment or compensation. such title after the application of sec-
directly paid for by a registered lob- 4. A Member, Delegate, or Resident tion 3101(a) of such title, that may be
byist under the Lobbying Disclosure Commissioner, and an officer or em- outstanding at any one time.
Act of 1995 or a private entity that re- ployee to whom this rule applies, shall
tains or employs such a registered lob- recuse himself or herself from any mat- RULE XXIX
byist. ter in which there is a conflict of inter- GENERAL PROVISIONS
RULE XXVI est or an appearance of a conflict for
1. The provisions of law that con-
that Member, Delegate, Resident Com-
FINANCIAL DISCLOSURE stituted the Rules of the House at the
missioner, officer, or employee under
1. The Clerk shall send a copy of each end of the previous Congress shall gov-
this rule and shall notify the Com-
report filed with the Clerk under title ern the House in all cases to which
mittee on Ethics of such recusal. A
I of the Ethics in Government Act of they are applicable, and the rules of
Member, Delegate, or Resident Com-
1978 within the seven-day period begin- parliamentary practice comprised by
missioner making such recusal shall,
ning on the date on which the report is Jefferson’s Manual shall govern the
upon such recusal, submit to the Clerk
filed to the Committee on Ethics. House in all cases to which they are ap-
for public disclosure the statement of
2. For the purposes of this rule, the plicable and in which they are not in-
disclosure under clause 1 with respect
provisions of title I of the Ethics in consistent with the Rules and orders of
to which the recusal was made.
Government Act of 1978 shall be consid- the House.
ered Rules of the House as they pertain RULE XXVIII 2. In these rules words importing one
to Members, Delegates, the Resident STATUTORY LIMIT ON THE PUBLIC DEBT gender include the other as well.
Commissioner, officers, and employees 1. Upon adoption by the House of a 3. If a measure or matter is publicly
of the House. concurrent resolution on the budget available at an electronic document re-
3. Members of the board of the Office under section 301 or 304 of the Congres- pository operated by the Clerk, it shall
of Congressional Ethics shall file an- sional Budget Act of 1974, the Clerk be considered as having been available
nual financial disclosure reports with shall prepare an engrossment of a joint to Members, Delegates, and the Resi-
the Clerk of the House on or before resolution suspending the statutory dent Commissioner for purposes of
May 15 of each calendar year after any limit on the public debt in the form these rules.
year in which they perform the duties prescribed in clause 2. Upon engross- 4. Authoritative guidance from the
of that position. Such reports shall be ment of the joint resolution, the vote Committee on the Budget concerning
on a form prepared by the Clerk that is by which the concurrent resolution on the impact of a legislative proposition
substantially similar to form 450 of the the budget was adopted by the House on the levels of new budget authority,
Office of Government Ethics. The Clerk shall also be considered as a vote on outlays, direct spending, new entitle-
shall send a copy of each such report passage of the joint resolution in the ment authority and revenues may be
filed with the Clerk within the seven- House, and the joint resolution shall be provided by the chair of the com-
day period beginning on the date on considered as passed by the House and mittee.

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