Text: H.Res.5 — 108th Congress (2003-2004)All Bill Information (Except Text)

Text available as:

Shown Here:
Engrossed in House (01/07/2003)


Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H. Res. 5 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                       January 7, 2003.
    Resolved, That the Rules of the House of Representatives of the One Hundred 
Seventh Congress, including applicable provisions of law or concurrent 
resolution that constituted rules of the House at the end of the One Hundred 
Seventh Congress, are adopted as the Rules of the House of Representatives of 
the One Hundred Eighth Congress, with amendments to the standing rules as 
provided in section 2, and with other orders as provided in sections 3 and 4.

SEC. 2. CHANGES IN STANDING RULES.

    (a) Members to act as Speaker pro Tempore.--In clause 8(b) of rule I, add at 
the end the following new subparagraph:
            ``(3)(A) In the case of a vacancy in the office of Speaker, the next 
        Member on the list described in subdivision (B) shall act as Speaker pro 
        tempore until the election of a Speaker or a Speaker pro tempore. 
        Pending such election the Member acting as Speaker pro tempore may 
        exercise such authorities of the Office of Speaker as may be necessary 
        and appropriate to that end.
            ``(B) As soon as practicable after his election and whenever he 
        deems appropriate thereafter, the Speaker shall deliver to the Clerk a 
        list of Members in the order in which each shall act as Speaker pro 
        tempore under subdivision (A).
            ``(C) For purposes of subdivision (A), a vacancy in the office of 
        Speaker may exist by reason of the physical inability of the Speaker to 
        discharge the duties of the office.''.
    (b) Term of Speaker.--In rule I--
            (1) strike clause 9; and
            (2) redesignate clause 13 as clause 9.
    (c) Recess and Convening Authorities.--In clause 12 of rule I--
            (1) amend the caption to read:
``Recess and convening authorities'';
        and
            (2) designate the existing text as paragraph (a) and add thereafter 
        the following new paragraphs:
    ``(b) To suspend the business of the House when notified of an imminent 
threat to its safety, the Speaker may declare an emergency recess subject to the 
call of the Chair.
    ``(c) During any recess or adjournment of not more than three days, if the 
Speaker is notified by the Sergeant-at-Arms of an imminent impairment of the 
place of reconvening at the time previously appointed, then he may, in 
consultation with the Minority Leader--
            ``(1) postpone the time for reconvening within the limits of clause 
        4, section 5, article I of the Constitution and notify Members 
        accordingly; or
            ``(2) reconvene the House before the time previously appointed 
        solely to declare the House in recess within the limits of clause 4, 
        section 5, article I of the Constitution and notify Members accordingly.
    ``(d) The Speaker may convene the House in a place at the seat of government 
other than the Hall of the House whenever, in his opinion, the public interest 
shall warrant it.''.
    (d) Privileges of Floor.--In clause 2(a)(7) of rule IV, after 
``consideration'' insert a comma followed by ``and staff of the respective party 
leaderships when so assigned with the approval of the Speaker''.
    (e) Membership of Budget Committee.--In clause 5(a)(2) of rule X, amend 
subdivision (A)(i) to read as follows:
            ``(i) Members, Delegates, or the Resident Commissioner who are 
        members of other standing committees, including five from the Committee 
        on Appropriations, five from the Committee on Ways and Means, and one 
        from the Committee on Rules;''.
    (e-1) Tenure of Certain Chairmen and Ranking Minority Members.--
            (1) In clause 5(a)(2) of rule X, amend subdivision (C) to read as 
        follows:
                    ``(C) In the case of a Member, Delegate, or Resident 
                Commissioner elected to serve as the chairman or the ranking 
                minority member of the committee, tenure on the committee shall 
                be limited only by paragraph (c)(2) of this clause.''.
            (2) In clause 11(a)(4) of rule X, amend subdivision (B) to read as 
        follows:
                    ``(B) In the case of a Member, Delegate, or Resident 
                Commissioner appointed to serve as the chairman or the ranking 
                minority member of the select committee, tenure on the select 
                committee shall not be limited.''.
    (f) Associate Staff.--In clause 9(b) of rule X--
            (1) redesignate subparagraph (2) as subparagraph (2)(A);
            (2) redesignate subparagraph (3) as subparagraph (2)(B);
            (3) in subparagraph (2)(B), as redesignated, insert ``other than the 
        Committee on Appropriations'' after ``a committee''; and
            (4) strike subparagraph (4).
    (g) Postponing Votes in Committees.--At the end of clause 2(h) of rule XI, 
add the following new subparagraph:
    ``(4)(A) Each committee may adopt a rule authorizing the chairman of a 
committee or subcommittee--
            ``(i) to postpone further proceedings when a record vote is ordered 
        on the question of approving a measure or matter or on adopting an 
        amendment; and
            ``(ii) to resume proceedings on a postponed question at any time 
        after reasonable notice.
    ``(B) A rule adopted pursuant to this subparagraph shall provide that when 
proceedings resume on a postponed question, notwithstanding any intervening 
order for the previous question, an underlying proposition shall remain subject 
to further debate or amendment to the same extent as when the question was 
postponed.''.
    (h) Codification of Freestanding Ethics Rules.--In clause 3 of rule XI, add 
at the end the following new paragraphs:
``Committee agendas
    ``(f) The committee shall adopt rules providing that the chairman shall 
establish the agenda for meetings of the committee, but shall not preclude the 
ranking minority member from placing any item on the agenda.
``Committee staff
    ``(g)(1) The committee shall adopt rules providing that--
            ``(A) the staff be assembled and retained as a professional, 
        nonpartisan staff;
            ``(B) each member of the staff shall be professional and 
        demonstrably qualified for the position for which he is hired;
            ``(C) the staff as a whole and each member of the staff shall 
        perform all official duties in a nonpartisan manner;
            ``(D) no member of the staff shall engage in any partisan political 
        activity directly affecting any congressional or presidential election;
            ``(E) no member of the staff or outside counsel may accept public 
        speaking engagements or write for publication on any subject that is in 
        any way related to his or her employment or duties with the committee 
        without specific prior approval from the chairman and ranking minority 
        member; and
            ``(F) no member of the staff or outside counsel may make public, 
        unless approved by an affirmative vote of a majority of the members of 
        the committee, any information, document, or other material that is 
        confidential, derived from executive session, or classified and that is 
        obtained during the course of employment with the committee.
    ``(2) Only subdivisions (C), (E), and (F) of subparagraph (1) shall apply to 
shared staff.
    ``(3)(A) All staff members shall be appointed by an affirmative vote of a 
majority of the members of the committee. Such vote shall occur at the first 
meeting of the membership of the committee during each Congress and as necessary 
during the Congress.
    ``(B) Subject to the approval of the Committee on House Administration, the 
committee may retain counsel not employed by the House of Representatives 
whenever the committee determines, by an affirmative vote of a majority of the 
members of the committee, that the retention of outside counsel is necessary and 
appropriate.
    ``(C) If the committee determines that it is necessary to retain staff 
members for the purpose of a particular investigation or other proceeding, then 
such staff shall be retained only for the duration of that particular 
investigation or proceeding.
    ``(D) Outside counsel may be dismissed before the end of a contract between 
the committee and such counsel only by an affirmative vote of a majority of the 
members of the committee.
    ``(4) In addition to any other staff provided for by law, rule, or other 
authority, with respect to the committee, the chairman and ranking minority 
member each may appoint one individual as a shared staff member from his or her 
personal staff to perform service for the committee. Such shared staff may 
assist the chairman or ranking minority member on any subcommittee on which he 
serves.
``Meetings and hearings
    ``(h)(1) The committee shall adopt rules providing that--
            ``(A) all meetings or hearings of the committee or any subcommittee 
        thereof, other than any hearing held by an adjudicatory subcommittee or 
        any sanction hearing held by the committee, shall occur in executive 
        session unless the committee or subcommittee by an affirmative vote of a 
        majority of its members opens the meeting or hearing to the public; and
            ``(B) any hearing held by an adjudicatory subcommittee or any 
        sanction hearing held by the committee shall be open to the public 
        unless the committee or subcommittee by an affirmative vote of a 
        majority of its members closes the hearing to the public.
``Public disclosure
    ``(i) The committee shall adopt rules providing that, unless otherwise 
determined by a vote of the committee, only the chairman or ranking minority 
member, after consultation with each other, may make public statements regarding 
matters before the committee or any subcommittee thereof.
``Requirements to constitute a complaint
    ``(j) The committee shall adopt rules regarding complaints to provide that 
whenever information offered as a complaint is submitted to the committee, the 
chairman and ranking minority member shall have 14 calendar days or five 
legislative days, whichever is sooner, to determine whether the information 
meets the requirements of the rules of the committee for what constitutes a 
complaint.
``Duties of chairman and ranking minority member regarding properly filed 
              complaints
    ``(k)(1) The committee shall adopt rules providing that whenever the 
chairman and ranking minority member jointly determine that information 
submitted to the committee meets the requirements of the rules of the committee 
for what constitutes a complaint, they shall have 45 calendar days or five 
legislative days, whichever is later, after that determination (unless the 
committee by an affirmative vote of a majority of its members votes otherwise) 
to--
            ``(A) recommend to the committee that it dispose of the complaint, 
        or any portion thereof, in any manner that does not require action by 
        the House, which may include dismissal of the complaint or resolution of 
        the complaint by a letter to the Member, officer, or employee of the 
        House against whom the complaint is made;
            ``(B) establish an investigative subcommittee; or
            ``(C) request that the committee extend the applicable 45-calendar 
        day or five-legislative day period by one additional 45-calendar day 
        period when they determine more time is necessary in order to make a 
        recommendation under subdivision (A).
    ``(2) The committee shall adopt rules providing that if the chairman and 
ranking minority member jointly determine that information submitted to the 
committee meets the requirements of the rules of the committee for what 
constitutes a complaint, and the complaint is not disposed of within the 
applicable time periods under subparagraph (1), then they shall establish an 
investigative subcommittee and forward the complaint, or any portion thereof, to 
that subcommittee for its consideration. However, if, at any time during those 
periods, either the chairman or ranking minority member places on the agenda the 
issue of whether to establish an investigative subcommittee, then an 
investigative subcommittee may be established only by an affirmative vote of a 
majority of the members of the committee.
``Duties of chairman and ranking minority member regarding information not 
              constituting a complaint
    ``(l) The committee shall adopt rules providing that whenever the chairman 
and ranking minority member jointly determine that information submitted to the 
committee does not meet the requirements of the rules of the committee for what 
constitutes a complaint, they may--
            ``(1) return the information to the complainant with a statement 
        that it fails to meet the requirements of the rules of the committee for 
        what constitutes a complaint; or
            ``(2) recommend to the committee that it authorize the establishment 
        of an investigative subcommittee.
``Investigative and adjudicatory subcommittees
    ``(m) The committee shall adopt rules providing that--
            ``(1)(A) an investigative subcommittee shall be composed of four 
        Members (with equal representation from the majority and minority 
        parties) whenever such a subcommittee is established pursuant to the 
        rules of the committee;
            ``(B) an adjudicatory subcommittee shall be composed of the members 
        of the committee who did not serve on the pertinent investigative 
        subcommittee (with equal representation from the majority and minority 
        parties) whenever such a subcommittee is established pursuant to the 
        rules of the committee; and
            ``(C) notwithstanding any other provision of this clause, the 
        chairman and ranking minority member of the committee may consult with 
        an investigative subcommittee either on their own initiative or on the 
        initiative of the subcommittee, shall have access to information before 
        a subcommittee with which they so consult, and shall not thereby be 
        precluded from serving as full, voting members of any adjudicatory 
        subcommittee;
    ``(2) at the time of appointment, the chairman shall designate one member of 
a subcommittee to serve as chairman and the ranking minority member shall 
designate one member of the subcommittee to serve as the ranking minority 
member; and
    ``(3) the chairman and ranking minority member of the committee may serve as 
members of an investigative subcommittee, but may not serve as non-voting, ex 
officio members.
``Standard of proof for adoption of statement of alleged violation
    ``(n) The committee shall adopt rules to provide that an investigative 
subcommittee may adopt a statement of alleged violation only if it determines by 
an affirmative vote of a majority of the members of the subcommittee that there 
is substantial reason to believe that a violation of the Code of Official 
Conduct, or of a law, rule, regulation, or other standard of conduct applicable 
to the performance of official duties or the discharge of official 
responsibilities by a Member, officer, or employee of the House of 
Representatives, has occurred.
``Subcommittee powers
    ``(o)(1) The committee shall adopt rules providing that an investigative 
subcommittee or an adjudicatory subcommittee may authorize and issue subpoenas 
only when authorized by an affirmative vote of a majority of the members of the 
subcommittee.
    ``(2) The committee shall adopt rules providing that an investigative 
subcommittee may, upon an affirmative vote of a majority of its members, expand 
the scope of its investigation approved by an affirmative vote of a majority of 
the members of the committee.
    ``(3) The committee shall adopt rules to provide that--
            ``(A) an investigative subcommittee may, upon an affirmative vote of 
        a majority of its members, amend its statement of alleged violation 
        anytime before the statement of alleged violation is transmitted to the 
        committee; and
            ``(B) if an investigative subcommittee amends its statement of 
        alleged violation, the respondent shall be notified in writing and shall 
        have 30 calendar days from the date of that notification to file an 
        answer to the amended statement of alleged violation.
``Due process rights of respondents
    ``(p) The committee shall adopt rules to provide that--
            ``(1) not less than 10 calendar days before a scheduled vote by an 
        investigative subcommittee on a statement of alleged violation, the 
        subcommittee shall provide the respondent with a copy of the statement 
        of alleged violation it intends to adopt together with all evidence it 
        intends to use to prove those charges which it intends to adopt, 
        including documentary evidence, witness testimony, memoranda of witness 
        interviews, and physical evidence, unless the subcommittee by an 
        affirmative vote of a majority of its members decides to withhold 
        certain evidence in order to protect a witness; but if such evidence is 
        withheld, the subcommittee shall inform the respondent that evidence is 
        being withheld and of the count to which such evidence relates;
            ``(2) neither the respondent nor his counsel shall, directly or 
        indirectly, contact the subcommittee or any member thereof during the 
        period of time set forth in paragraph (1) except for the sole purpose of 
        settlement discussions where counsel for the respondent and the 
        subcommittee are present;
            ``(3) if, at any time after the issuance of a statement of alleged 
        violation, the committee or any subcommittee thereof determines that it 
        intends to use evidence not provided to a respondent under paragraph (1) 
        to prove the charges contained in the statement of alleged violation (or 
        any amendment thereof), such evidence shall be made immediately 
        available to the respondent, and it may be used in any further 
        proceeding under the rules of the committee;
            ``(4) evidence provided pursuant to paragraph (1) or (3) shall be 
        made available to the respondent and his or her counsel only after each 
        agrees, in writing, that no document, information, or other materials 
        obtained pursuant to that paragraph shall be made public until--
                    ``(A) such time as a statement of alleged violation is made 
                public by the committee if the respondent has waived the 
                adjudicatory hearing; or
                    ``(B) the commencement of an adjudicatory hearing if the 
                respondent has not waived an adjudicatory hearing;
        but the failure of respondent and his counsel to so agree in writing, 
        and their consequent failure to receive the evidence, shall not preclude 
        the issuance of a statement of alleged violation at the end of the 
        period referred to in paragraph (1);
            ``(5) a respondent shall receive written notice whenever--
                    ``(A) the chairman and ranking minority member determine 
                that information the committee has received constitutes a 
                complaint;
                    ``(B) a complaint or allegation is transmitted to an 
                investigative subcommittee;
                    ``(C) an investigative subcommittee votes to authorize its 
                first subpoena or to take testimony under oath, whichever occurs 
                first; or
                    ``(D) an investigative subcommittee votes to expand the 
                scope of its investigation;
            ``(6) whenever an investigative subcommittee adopts a statement of 
        alleged violation and a respondent enters into an agreement with that 
        subcommittee to settle a complaint on which that statement is based, 
        that agreement, unless the respondent requests otherwise, shall be in 
        writing and signed by the respondent and respondent's counsel, the 
        chairman and ranking minority member of the subcommittee, and the 
        outside counsel, if any;
            ``(7) statements or information derived solely from a respondent or 
        his counsel during any settlement discussions between the committee or a 
        subcommittee thereof and the respondent shall not be included in any 
        report of the subcommittee or the committee or otherwise publicly 
        disclosed without the consent of the respondent; and
            ``(8) whenever a motion to establish an investigative subcommittee 
        does not prevail, the committee shall promptly send a letter to the 
        respondent informing him of such vote.
``Committee reporting requirements
    ``(q) The committee shall adopt rules to provide that--
            ``(1) whenever an investigative subcommittee does not adopt a 
        statement of alleged violation and transmits a report to that effect to 
        the committee, the committee may by an affirmative vote of a majority of 
        its members transmit such report to the House of Representatives;
            ``(2) whenever an investigative subcommittee adopts a statement of 
        alleged violation, the respondent admits to the violations set forth in 
        such statement, the respondent waives his or her right to an 
        adjudicatory hearing, and the respondent's waiver is approved by the 
        committee--
                    ``(A) the subcommittee shall prepare a report for 
                transmittal to the committee, a final draft of which shall be 
                provided to the respondent not less than 15 calendar days before 
                the subcommittee votes on whether to adopt the report;
                    ``(B) the respondent may submit views in writing regarding 
                the final draft to the subcommittee within seven calendar days 
                of receipt of that draft;
                    ``(C) the subcommittee shall transmit a report to the 
                committee regarding the statement of alleged violation together 
                with any views submitted by the respondent pursuant to 
                subdivision (B), and the committee shall make the report 
                together with the respondent's views available to the public 
                before the commencement of any sanction hearing; and
                    ``(D) the committee shall by an affirmative vote of a 
                majority of its members issue a report and transmit such report 
                to the House of Representatives, together with the respondent's 
                views previously submitted pursuant to subdivision (B) and any 
                additional views respondent may submit for attachment to the 
                final report; and
            ``(3) members of the committee shall have not less than 72 hours to 
        review any report transmitted to the committee by an investigative 
        subcommittee before both the commencement of a sanction hearing and the 
        committee vote on whether to adopt the report.''.
    (i) Joint Referral.--In clause 2(c)(1) of rule XII, insert before the 
semicolon the following: ``(except where he determines that extraordinary 
circumstances justify review by more than one committee as though primary)''.
    (j) Macroeconomic Analyses of Tax Proposals.--In clause 3(h) of rule XIII, 
strike subparagraphs (2) and (3) and insert in lieu thereof the following:
            ``(2)(A) It shall not be in order to consider a bill or joint 
        resolution reported by the Committee on Ways and Means that proposes to 
        amend the Internal Revenue Code of 1986 unless--
                    ``(i) the report includes a macroeconomic impact analysis;
                    ``(ii) the report includes a statement from the Joint 
                Committee on Internal Revenue Taxation explaining why a 
                macroeconomic impact analysis is not calculable; or
                    ``(iii) the chairman of the Committee on Ways and Means 
                causes a macroeconomic impact analysis to be printed in the 
                Congressional Record before consideration of the bill or joint 
                resolution.
            ``(B) In subdivision (A), the term `macroeconomic impact analysis' 
        means--
                    ``(i) an estimate prepared by the Joint Committee on 
                Internal Revenue Taxation of the changes in economic output, 
                employment, capital stock, and tax revenues expected to result 
                from enactment of the proposal; and
                    ``(ii) a statement from the Joint Committee on Internal 
                Revenue Taxation identifying the critical assumptions and the 
                source of data underlying that estimate.''.
    (k) Personal Electronic Equipment on Floor.--In clause 5 of rule XVII, 
strike ``any personal'' and all that follows in the penultimate sentence and 
insert in lieu thereof ``a wireless telephone or personal computer on the floor 
of the House.''.
    (l) Accounting for Vacancies.--In clause 5 of rule XX, add after paragraph 
(b) the following new paragraph:
    ``(c) Upon the death, resignation, expulsion, disqualification, or removal 
of a Member, the whole number of the House shall be adjusted accordingly. The 
Speaker shall announce the adjustment to the House. Such an announcement shall 
not be subject to appeal. In the case of a death, the Speaker may lay before the 
House such documentation from Federal, State, or local officials as he deems 
pertinent.''.
    (m) Proceedings During Call of House.--In clause 6(c) of rule XX, strike 
``the Speaker may entertain a motion that the House adjourn'' and insert in lieu 
thereof ``a motion that the House adjourn shall be in order''.
    (n) Five-Minute Voting in Series.--In rule XX, amend clause 9 to read as 
follows:
    ``9. The Speaker may reduce to five minutes the minimum time for electronic 
voting on any question arising without intervening business after an electronic 
vote on another question if notice of possible five-minute voting for a given 
series of votes was issued before the preceding electronic vote.''.
    (o) Certain tax or Tariff Provisions.--In clause 5(a) of rule XXI, designate 
the existing text as subparagraph (1) and add thereafter the following new 
subparagraph:
            ``(2) For purposes of paragraph (1), a tax or tariff measure 
        includes an amendment proposing a limitation on funds in a general 
        appropriation bill for the administration of a tax or tariff.''.
    (p) Motions to Instruct During Conference.--In clause 7(c)(1) of rule XXII, 
strike ``20 calendar days'' and insert in lieu thereof ``20 calendar days and 10 
legislative days''.
    (q) Practice of Medicine.--In clause 2 of rule XXV, insert ``except for the 
practice of medicine'' after ``fiduciary relationship'' in both places it 
appears.
    (r) Gifts of Perishable Food.--In clause 5(a)(1)(B) of rule XXV, before the 
last sentence insert the following: ``The value of perishable food sent to an 
office shall be allocated among the individual recipients and not to the Member, 
Delegate, or Resident Commissioner.''.
    (s) Charity Travel.--In clause 5(a)(4)(C) of rule XXV, insert before the 
period the following:
    ``unless--
            ``(i) all of the net proceeds of the event are for the benefit of an 
        organization described in section 501(c)(3) of the Internal Revenue Code 
        of 1986 and exempt from taxation under section 501(a) of such Code;
            ``(ii) reimbursement for the transportation and lodging in 
        connection with the event is paid by such organization; and
            ``(iii) the offer of free attendance at the event is made by such 
        organization''.
    (t) Public Debt-Limit Legislation.--Redesignate rule XXVII as rule XXVIII 
and insert after rule XXVI the following new rule:

                                  ``RULE XXVII

                        ``Statutory Limit on Public Debt

    ``1. Upon adoption by Congress of a concurrent resolution on the budget 
under section 301 or 304 of the Congressional Budget Act of 1974 that sets 
forth, as the appropriate level of the public debt for the period to which the 
concurrent resolution relates, an amount that is different from the amount of 
the statutory limit on the public debt that otherwise would be in effect for 
that period, the Clerk shall prepare an engrossment of a joint resolution 
increasing or decreasing, as the case may be, the statutory limit on the public 
debt in the form prescribed in clause 2. Upon engrossment of the joint 
resolution, the vote by which the concurrent resolution on the budget was 
finally agreed to in the House shall also be considered as a vote on passage of 
the joint resolution in the House, and the joint resolution shall be considered 
as passed by the House and duly certified and examined. The engrossed copy shall 
be signed by the Clerk and transmitted to the Senate for further legislative 
action.
    ``2. The matter after the resolving clause in a joint resolution described 
in clause 1 shall be as follows: `That subsection (b) of section 3101 of title 
31, United States Code, is amended by striking out the dollar limitation 
contained in such subsection and inserting in lieu thereof ``$________''.', with 
the blank being filled with a dollar limitation equal to the appropriate level 
of the public debt set forth pursuant to section 301(a)(5) of the Congressional 
Budget Act of 1974 in the relevant concurrent resolution described in clause 1. 
If an adopted concurrent resolution under clause 1 sets forth different 
appropriate levels of the public debt for separate periods, only one engrossed 
joint resolution shall be prepared under clause 1; and the blank referred to in 
the preceding sentence shall be filled with the limitation that is to apply for 
each period.
    ``3. (a) The report of the Committee on the Budget on a concurrent 
resolution described in clause 1 and the joint explanatory statement of the 
managers on a conference report to accompany such a concurrent resolution each 
shall contain a clear statement of the effect the eventual enactment of a joint 
resolution engrossed under this rule would have on the statutory limit on the 
public debt.
    (b) It shall not be in order for the House to consider a concurrent 
resolution described in clause 1, or a conference report thereon, unless the 
report of the Committee on the Budget or the joint explanatory statement of the 
managers complies with paragraph (a).
    ``4. Nothing in this rule shall be construed as limiting or otherwise 
affecting--
            ``(a) the power of the House or the Senate to consider and pass 
        bills or joint resolutions, without regard to the procedures under 
        clause 1, that would change the statutory limit on the public debt; or
            ``(b) the rights of Members, Delegates, the Resident Commissioner, 
        or committees with respect to the introduction, consideration, and 
        reporting of such bills or joint resolutions.
    ``5. In this rule the term `statutory limit on the public debt' means the 
maximum face amount of obligations issued under authority of chapter 31 of title 
31, United States Code, and obligations guaranteed as to principal and interest 
by the United States (except such guaranteed obligations as may be held by the 
Secretary of the Treasury), as determined under section 3101(b) of such title 
after the application of section 3101(a) of such title, that may be outstanding 
at any one time.''.
    (u) Technical and Codifying Changes.--
            (1) In clause 2(g) of rule II--
                    (A) strike ``do'' in each place it appears and insert in 
                lieu thereof ``perform''; and
                    (B) strike ``done'' and insert in lieu thereof 
                ``performed''.
            (2) In clause 1(g)(6) of rule X, strike ``organization'' and insert 
        in lieu thereof ``organizations''.
            (3) In clause 3(a)(1)(B) of rule XIII, strike ``or (4)''.
            (4) In clause 3 of rule XVIII, strike ``All bills'' and insert in 
        lieu thereof ``All public bills''.
            (5) In clause 2(a) of rule XX, strike ``9 or 10'' and insert in lieu 
        thereof ``8 or 9''.
            (6) In clause 8 of rule XX--
                    (A) amend paragraph (a)(1) to read as follows:
    ``(a)(1) When a recorded vote is ordered, or the yeas and nays are ordered, 
or a vote is objected to under clause 6--
            ``(A) on any of the questions specified in subparagraph (2), the 
        Speaker may postpone further proceedings to a designated place in the 
        legislative schedule within two additional legislative days; and
            ``(B) on the question of agreeing to the Speaker's approval of the 
        Journal, the Speaker may postpone further proceedings to a designated 
        place in the legislative schedule on that legislative day.''; and
                    (B) in paragraph (a)(2), strike ``the'' before 
                ``subparagraph (1)''.
            (7) In clause 8 of rule XX--
                    (A) in paragraph (b) strike ``in the order in which it was 
                considered''; and
                    (B) in paragraph (d) strike ``in the order in which they 
                were considered''.
            (8) In clause 1 of rule XXII, strike ``bill or resolution'' in each 
        place it appears and insert in lieu thereof ``proposition''.
            (9) In clause 12(a)(2) of rule XXII, strike ``by a record vote'' and 
        insert in lieu thereof ``by the yeas and nays''.

SEC. 3. SEPARATE ORDERS.

    (a) Budget Matters.--
            (1) During the One Hundred Eighth Congress, references in section 
        306 of the Congressional Budget Act of 1974 to a resolution shall be 
        construed in the House of Representatives as references to a joint 
        resolution.
            (2) During the One Hundred Eighth Congress, in the case of a 
        reported bill or joint resolution considered pursuant to a special order 
        of business, a point of order under section 303 of the Congressional 
        Budget Act of 1974 shall be determined on the basis of the text made in 
        order as an original bill or joint resolution for the purpose of 
        amendment or to the text on which the previous question is ordered 
        directly to passage, as the case may be.
            (3) During the One Hundred Eighth Congress, a provision in a bill or 
        joint resolution, or in an amendment thereto or a conference report 
        thereon, that establishes prospectively for a Federal office or position 
        a specified or minimum level of compensation to be funded by annual 
        discretionary appropriations shall not be considered as providing new 
        entitlement authority within the meaning of the Congressional Budget Act 
        of 1974.
            (4)(A) During the One Hundred Eighth Congress, pending the adoption 
        of a concurrent resolution on the budget for fiscal year 2003, the 
        provisions of House Concurrent Resolution 353 of the One Hundred Seventh 
        Congress, as adopted by the House, shall have force and effect in the 
        House as though the One Hundred Eighth Congress has adopted such a 
        concurrent resolution.
            (B) The chairman of the Committee on the Budget (when elected) shall 
        submit for printing in the Congressional Record--
                    (i) the allocations contemplated by section 302(a) of the 
                Congressional Budget Act of 1974 to accompany the concurrent 
                resolution described in subparagraph (A), which shall be 
                considered to be such allocations under a concurrent resolution 
                on the budget;
                    (ii) ``Accounts Identified for Advance Appropriations'', 
                which shall be considered to be the programs, projects, 
                activities, or accounts referred to section 301(b) of House 
                Concurrent Resolution 353 of the One Hundred Seventh Congress, 
                as adopted by the House; and
                    (iii) an estimated unified surplus, which shall be 
                considered to be the estimated unified surplus set forth in the 
                report of the Committee on the Budget accompanying House 
                Concurrent Resolution 353 of the One Hundred Seventh Congress 
                referred to in section 211 of such concurrent resolution.
            (C) The allocation referred to in section 231(d) of House Concurrent 
        Resolution 353 of the One Hundred Seventh Congress, as adopted by the 
        House, shall be considered to be the corresponding allocation among 
        those submitted by the chairman of the Committee on the Budget under 
        subparagraph (B)(i).
    (b) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during 
the One Hundred Eighth Congress--
            (1) the Committee on Armed Services may have not more than six 
        subcommittees;
            (2) the Committee on International Relations may have not more than 
        six subcommittees; and
            (3) the Committee on Transportation and Infrastructure may have not 
        more than six subcommittees.
    (c) Numbering of Bills.--In the One Hundred Eighth Congress, the first 10 
numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by 
the Speaker to such bills as he may designate when introduced during the first 
session.
    (d) Motions to Suspend the Rules.--During the first session of the One 
Hundred Eighth Congress, the Speaker may entertain motions that the House 
suspend the rules on Wednesdays through the second Wednesday in April as though 
under clause 1 of rule XV.

SEC. 4. SELECT COMMITTEE ON HOMELAND SECURITY.

    (a) Establishment; Composition; Vacancies.--
            (1) Establishment.--During the One Hundred Eighth Congress, there is 
        established a Select Committee on Homeland Security.
            (2) Composition.--The select committee shall be composed of Members 
        appointed by the Speaker, including Members appointed on the 
        recommendation of the Minority Leader. The Speaker shall designate one 
        member as chairman. Service on the select committee shall not count 
        against the limitations on committee service in clause 5(b)(2) of rule 
        X.
            (3) Vacancies.--Any vacancies occurring in the membership of the 
        select committee shall be filled in the same manner as the original 
        appointment.
    (b) Jurisdiction; Functions.--
            (1) Legislative Jurisdiction.--The select committee may develop 
        recommendations and report to the House by bill or otherwise on such 
        matters that relate to the Homeland Security Act of 2002 (Public Law 
        107-296) as may be referred to it by the Speaker.
            (2) Oversight Function.--The select committee shall review and study 
        on a continuing basis laws, programs, and Government activities relating 
        to homeland security.
            (3) Rules Study.--The select committee is authorized and directed to 
        conduct a thorough and complete study of the operation and 
        implementation of the rules of the House, including rule X, with respect 
        to the issue of homeland security. The select committee shall submit its 
        recommendations regarding any changes in the rules of the House to the 
        Committee on Rules not later than September 30, 2004.
    (c) Procedure.--The rules of the House applicable to the standing committees 
shall govern the select committee where not inconsistent with this section.
    (d) Funding.--To enable the select committee to carry out the purposes of 
this resolution, the select committee may use the services of staff of the 
House.
    (e) Disposition of Records.--Upon dissolution of the select committee, the 
records of the select committee shall become the records of any committee 
designated by the Speaker.
            Attest:

                                                                          Clerk.