| PROPOSED NEW RULES | EXISTING RULES | COMMENTARY |
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[RECODIFICATION COMMITTEE PRINT] [JANUARY __, 1999] 106th CONGRESS 1st Session H. RES. ___ Recodifying the standing Rules of the House of Representatives. ________________________ IN THE HOUSE OF REPRESENTATIVES January __, 1999 Mr. __ submitted the following resolution; which was referred to the Committee on __. ________________________ RESOLUTION Resolved, That the standing Rules of the House of Representatives are recodified to read as follows: |
The Parliamentarians have met with bi-partisan staff from the Task Force on recodification of the rules and have agreed upon a revised structural format of the rules which reduces their number from 52 to 28 in a logical sequence. This format arranges the rules by addressing the organization and operation of the House as follows: duties of Officers and Members (rules I-III), administration of the House (rules IV-VI), institutional prerogatives (rules VII-IX), committees (rules X-XI), consideration of legislation (rules XII-XXIII), conduct of Members, Officers and Employees (rules XXIV-XXVII), and miscellaneous provisions (rule XXVIII). This draft was initially based on the 1985 draft of recodification and incorporates changes in the rules from that year through 1998. The current draft minimizes the change of some major rules citations in order to retain consistency with precedent and practice volumes already published (e.g., germaneness remains as clause 7 of rule XVI, and general appropriation bill matters remain clause 2 of rule XXI). It is acknowledged, however, that the overriding reorganization consensus will necessitate cross references to citations in subsequent precedent and practice volumes where rule numbers have been changed. The current draft also reflects a specific review of the language within each rule to incorporate accepted understandings without substantive change. For instance, this draft includes "Delegates" and "the Resident Commissioner" along with "Members" in those situations where the rules do not distinguish between an individual's status. Their omission in the rules (such as voting, Committee of the Whole, and selection of presiding officers) is indicative of authorities limited to Members. Gender references are treated as in the U.S. Code, whereby a reference to "he" or "his" is defined in rule XXVIII to constitute a reference to "she" or "her" where applicable. Provisos are replaced by sentence restructuring to assure clarity of meaning. The concept of a "privileged question" or "privileged motion" is consistently utilized to replace current references to matters "of highest privilege" or "in order at any time" or "it shall always be in order." References to certain voting procedures are changed from "rollcall" to "record" votes and supermajority voting requirements are consistently referred to as "two-thirds" or "three-fifths" of the Members voting, a quorum being present. The clerical and stylistic changes reflected in the proposed recodification seek to achieve clarity, readability, and uniformity of word usage and style with the goals of removing possible ambiguities and promoting predictability of interpretation. No substantive change to the rules is intended. The conventions used in the proposed recodification resolve most of the lapses in stylistic uniformity in the current text of the rules. However, certain well-known, time-honored rules (or phrases), although stilted in style, are retained for their historic value. For example, even though one convention used in recodification achieves a mandatory negative with "may not," the time-honored phraseology of the germaneness rule in clause 7 of rule XVI is nevertheless retained. | |
| RULES OF THE HOUSE OF REPRESENTATIVES
RULE I. THE SPEAKER. |
RULES OF THE HOUSE OF REPRESENTATIVES
RULE I DUTIES OF THE SPEAKER |
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| Approval of the Journal | ||
| 1. The Speaker shall take the Chair on every legislative day precisely at the hour to which the House last adjourned and immediately call the House to order. Having examined and approved the Journal of the last day's proceedings, the Speaker shall announce to the House his approval thereof. The Speaker's approval of the Journal shall be deemed agreed to unless a Member, Delegate, or Resident Commissioner demands a vote thereon. If such a vote is decided in the affirmative, it shall not be subject to a motion to reconsider. If such a vote is decided in the negative, then one motion that the Journal be read shall be privileged, shall be decided without debate, and shall not be subject to a motion to reconsider. | 1. The Speaker shall take the Chair on every legislative day precisely at the hour to which the House shall have adjourned at the last sitting and immediately call the Members to order. The Speaker, having examined the Journal of the proceedings of the last day's sitting and approved the same, shall announce to the House his approval of the Journal, and the Speaker's approval of the Journal shall be deemed to be agreed to subject to a vote on agreeing to the Speaker's approval on the demand of any Member, which vote, if decided in the affirmative, shall not be subject to a motion to reconsider. It shall be in order to offer one motion that the Journal be read only if the Speaker's approval of the Journal is not agreed to, and such motion shall be determined without debate and shall not be subject to a motion to reconsider. |
Rules I-III-Duties of Officers and Members In proposed rule I, the existing provisions on the Speaker's conduct of votes have been transferred to rule XX. All voting procedures are consolidated under rule XX, including ballot voting currently under rule XXXVIII. The Speaker's authority to provide broadcast coverage of House proceedings (currently clause 9, rule I) has been transferred to proposed rule V. The Speaker's authority to appoint select and conference committees is transferred from clause 6(f) of rule X, since more appropriately addressed as a duty of the Speaker. Recent additions to the rules on term limits for Speaker, as well as recess authority and drug testing, remain in rule I. |
| Preservation of order | ||
| 2. The Speaker shall preserve order and decorum and, in case of disturbance or disorderly conduct in the galleries or in the lobby, may cause the same to be cleared. | 2. He shall preserve order and decorum, and in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared. | |
| Control of Capitol facilities | ||
| 3. Except as otherwise provided by rule or law, the Speaker shall have general control of the Hall of the House, the corridors and passages in the part of the Capitol assigned to the use of the House, and the disposal of unappropriated rooms in that part of the Capitol. | 3. He shall have general control, except as provided by rule or law, of the Hall of the House, and of the corridors and passages and the disposal of the unappropriated rooms in that part of the Capitol assigned to the use of the House, until further order. | The phrase "until further order" in existing clause 3 is deleted as superfluous given existing language of "Except as otherwise provided by rule or law." |
| Signature of documents | ||
| 4. The Speaker shall sign all acts and joint resolutions passed by the two Houses and all writs, warrants, and subpoenas of, or issued by order of, the House. The Speaker may sign enrolled bills and joint resolutions whether or not the House is in session. | 4. He shall sign all acts, addresses, joint resolutions, writs, warrants, and subpoenas of, or issued by order of, the House and decide all questions of order, subject to an appeal by any Member, on which appeal no Member shall speak more than once, unless by permission of the House. The Speaker is authorized to sign enrolled bills whether or not the House is in session. | Proposed clause 4, rule I-Existing clause 4 divided into clauses 4 and 5, to separate Speaker's signing authority from authority to decide questions of order, subject to appeal. The term "addresses" is deleted as obsolete. |
| Questions of order | ||
| 5. The Speaker shall decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner. On such an appeal a Member, Delegate, or Resident Commissioner may not speak more than once without permission of the House. | ||
| Form of a question | ||
| 6. The Speaker shall rise to put a question but may state it sitting. The Speaker shall put a question in this form: "Those in favor (of the question), say 'Aye.'"; and after the affirmative voice is expressed, "Those opposed, say 'No.'". After a vote by voice under this clause, the Speaker may use such voting procedures as may be invoked under rule XX. | 5. (a) He shall rise to put a question, but may state it sitting; and
shall put questions in this form, to wit: "As many as are in favor (as the
question may be), say `Aye'."; and after the affirmative voice is
expressed, "As many as are opposed, say `No'."; …
[Remainder transferred to Rule XX]. |
Proposed clause 6, rule I-Existing provisions in clause 5, rule I on division votes and recorded votes are transferred to new rule XX on voting. Also, existing provisions in that clause on postponing votes are transferred to the new voting rule. Both provisions make more sense under voting procedures than under Speaker's authority. |
| Discretion to vote | ||
| 7. The Speaker is not required to vote in ordinary legislative proceedings, except when his vote would be decisive or when the House is engaged in voting by ballot. | 6. He shall not be required to vote in ordinary legislative proceedings, except where his vote would be decisive, or where the House is engaged in voting by ballot; …[Remainder transferred to Rule XX]. | Proposed clause 7, rule I-Existing provisions in clause 6, rule I, stating that the question loses on a tie vote are transferred to new clause 1, rule XX as a voting question. |
| Speaker pro tempore | ||
| 8. (a) The Speaker may appoint a Member to perform the duties of the
Chair. Except as specified in paragraph (b), such an appointment may not
extend beyond three legislative days.
(b)(1) In the case of his illness, the Speaker may appoint a Member to perform the duties of the Chair for a period not exceeding 10 days, subject to the approval of the House. If the Speaker is absent and has omitted to make such an appointment, then the House shall elect a Speaker pro tempore to act during the absence of the Speaker. (2) With the approval of the House, the Speaker may appoint a Member to act as Speaker pro tempore only to sign enrolled bills and joint resolutions for a specified period of time. |
7. (a) He shall have the right to name any Member to perform the duties of the Chair, but such substitution shall not extend beyond three legislative days, except that with the permission of the House he may name a Member to act as Speaker pro tempore only to sign enrolled bills and joint resolutions for a period of time specified in the designation, notwithstanding any other provision of this clause: Provided, however, That in case of his illness, he may make such appointment for a period not exceeding ten days, with the approval of the House at the time the same is made; and in his absence and omission to make such appointment, the House shall proceed to elect a Speaker pro tempore to act during his absence. | Only Members, and not Delegates or the Resident Commissioner, may preside
over the House or the Committee of the Whole.
The Speaker's designation of a Speaker pro tempore to sign enrolled bills and joint resolutions is approved ordinarily by unanimous consent. |
| Term Limit | ||
| 9. A person may not serve as Speaker for more than four consecutive Congresses (disregarding for this purpose any service for less than a full session in any Congress). | (b) No person may serve as Speaker for more than four consecutive Congresses, beginning with the One Hundred Fourth Congress (disregarding for this purpose any service for less than a full session in any Congress). | The phrase "beginning with the One Hundred Fourth Congress" is deleted as no longer necessary. |
| Designation of travel | ||
| 10. The Speaker may designate a Member, Delegate, Resident Commissioner, officer, or employee of the House to travel on the business of the House within or without the United States, whether the House is meeting, has recessed, or has adjourned. Expenses for such travel may be paid from applicable accounts of the House described in clause 1(h)(1) of rule X on vouchers approved and signed solely by the Speaker. | 8. He shall have the authority to designate any Member, officer or employee of the House of Representatives to travel on the business of the House of Representatives, as determined by him, within or without the United States, whether the House is meeting, has recessed or has adjourned, and all expenses for such travel may be paid for from the applicable accounts of the House described in clause 1(h)(1) of rule X on vouchers solely approved and signed by the Speaker. | Proposed clause 10, rule I-The existing clause 8, rule I, prohibition on use of
applicable accounts for travel of "lame duck" Members has been transferred to a
new rule XXV.
The Speaker's television coverage authority, now in clause 9, rule I, has been transferred to a new rule V, and the committee hearing broadcast rule is now in clause 4, rule XI. |
| Committee appointment | ||
| 11. The Speaker shall appoint all select, joint, and conference committees ordered by the House. At any time after an original appointment, the Speaker may remove Members, Delegates, or the Resident Commissioner from, or appoint additional Members, Delegates, or the Resident Commissioner to, a select or conference committee. In appointing Members, Delegates, or the Resident Commissioner to conference committees, the Speaker shall appoint no less than a majority who generally supported the House position as determined by the Speaker, shall name those who are primarily responsible for the legislation, and shall, to the fullest extent feasible, include the principal proponents of the major provisions of the bill or resolution passed or adopted by the House. | Derived from clause 6(f), rule X: The Speaker shall appoint all select and conference committees which shall be ordered by the House from time to time. At any time after an original appointment, the Speaker may remove Members or appoint additional Members to select and conference committees. In appointing members to conference committees the Speaker shall appoint no less than a majority of members who generally supported the House position as determined by the Speaker. The Speaker shall name Members who are primarily responsible for the legislation and shall, to the fullest extent feasible, include the principal proponents of the major provisions of the bill as it passed the House. | Clause 11, rule I, has been transferred from existing clause 6(f), rule X as it is
more logical under rule I (Speaker's authority) than under rule X (jurisdiction of
committees). It is desirable for this clause to include joint committees as part of
the Speaker's appointment authority since the Speaker does appoint members to
some joint committees under existing law, such as the Joint Economic
Committee. Other joint committees could be similarly structured in the future.
Existing clauses 10 and 11, rule I on the Historian and General Counsel have been transferred to new rule II. |
| Declaration of recess
12. To suspend the business of the House for a short time when no question is pending before the House, the Speaker may declare a recess subject to the call of the Chair. |
Derived from clause 12, rule I: 12. To suspend the business of the House for a short time when no question is pending before the House, the Speaker may declare a recess subject to the call of the Chair. | |
| Other responsibilities | ||
| 13. The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing in the House. The system may provide for the testing of a Member, Delegate, Resident Commissioner, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses of the system may be paid from applicable accounts of the House for official expenses. | 13. The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing in the House of Representatives. The system may provide for the testing of any Member, officer, or employee of the House, and otherwise shall be comparable in scope to the system for drug testing in the executive branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses of the system may be paid from applicable accounts of the House for official expenses. | |
| RULE II.
OTHER OFFICERS AND OFFICIALS. Elections 1. There shall be elected at the commencement of each Congress, to continue in office until their successors are chosen and qualified, a Clerk, a Sergeant-at-Arms, a Chief Administrative Officer, and a Chaplain. Each of these officers shall take an oath to support the Constitution of the United States, and for the true and faithful exercise of the duties of his office to the best of his knowledge and ability, and to keep the secrets of the House. Each of these officers shall appoint all of the employees of his department provided for by law. The Clerk, Sergeant-at-Arms, and Chief Administrative Officer may be removed by the House or by the Speaker. |
RULE II
ELECTION OF OFFICERS There shall be elected by a viva voce vote, at the commencement of each Congress, to continue in office until their successors are chosen and qualified, a Clerk, Sergeant-at-Arms, Chief Administrative Officer, and Chaplain, each of whom shall take an oath to support the Constitution of the United States, and for the true and faithful discharge of the duties of his office to the best of his knowledge and ability, and to keep the secrets of the House; and each shall appoint all of the employees of his department provided for by law. The Clerk, Sergeant-at-Arms, and Chief Administrative Officer may be removed by the House or by the Speaker. |
In proposed rule II, the election and duties of other offices of the House are combined as one new organizational rule, rather than separately addressed as in current rules III through VII, with the duties of each officer addressed in separate clauses and the establishment of the offices of Inspector General, Historian, and General Counsel moved from rules VI and I respectively, although they are not elected officers. Officers are elected by adoption of one resolution under modern practice. Old procedure whereby voting was for named candidates is obsolete. |
| Clerk
2. (a) At the commencement of the first session of each Congress, the Clerk shall call the Members, Delegates, and Resident Commissioner to order and proceed to record their presence by States in alphabetical order, either by call of the roll or by use of the electronic voting system. Pending the election of a Speaker or Speaker pro tempore, the Clerk shall preserve order and decorum and decide all questions of order, subject to appeal by a Member, Delegate, or Resident Commissioner. |
RULE III
DUTIES OF THE CLERK 1. The Clerk shall, at the commencement of the first session of each Congress, call the Members to order, proceed to call the roll of Members by States in alphabetical order, and, pending the election of a Speaker or Speaker pro tempore, preserve order and decorum, and decide all questions of order subject to appeal by any Member. |
On the opening day of each Congress since 1981 the House has permitted by unanimous consent the alphabetical roll call of Members by States to be conducted by electronic device to establish a quorum. Proposed clause 2(a) codifies this practice by permitting the Clerk to use the electronic system in this situation. |
| (b) At the commencement of every regular session of Congress, the Clerk shall make and cause to be printed and delivered to each Member, Delegate, and the Resident Commissioner a list of the reports that any officer or Department is required to make to Congress, citing the law or resolution in which the requirement may be contained and placing under the name of each officer the list of reports he is required to make. | 2. He shall make and cause to be printed and delivered to each Member, or mailed to his address, at the commencement of every regular session of Congress, a list of the reports which it is the duty of any officer or Department to make to Congress, referring to the act or resolution and page of the volume of the laws or Journal in which it may be contained, and placing under the name of each officer the list of reports required of him to be made. | |
| (c) The Clerk shall -
(1) note all questions of order, with the decisions thereon, the record of which shall be appended to the Journal of each session; (2) enter on the Journal the hour at which the House adjourns; (3) complete the printing and distribution of the Journal to Members, Delegates, and the Resident Commissioner, together with an accurate and complete index, as soon as possible after the close of a session; and (4) send a printed copy of the Journal to the executive of and to each branch of the legislature of every State as may be requested by such State officials. (d) The Clerk shall attest and affix the seal of the House to all writs, warrants, and subpoenas issued by order of the House and certify the passage of all bills and joint resolutions. (e) The Clerk shall cause the calendars of the House to be printed and distributed each legislative day. (f) The Clerk shall - (1) retain in the library at the Office of the Clerk for the use of the Members, Delegates, Resident Commissioner, and officers of the House, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited there; and (2) deliver or mail to any Member, Delegate, or the Resident Commissioner an extra copy, in binding of good quality, of each document requested by that Member, Delegate, or Resident Commissioner that has been printed by order of either House of Congress in any Congress in which the Member, Delegate, or Resident Commissioner served. |
3. He shall note all questions of order, with the decisions thereon, the record of which shall be printed as an appendix to the Journal of each session; and complete, as soon after the close of the session as possible, the printing and distribution to Members, Delegates, and the Resident Commissioner from Puerto Rico of the Journal of the House, together with an accurate and complete index; retain in the library at his office, for the use of the Members, Delegates, the Resident Commissioner from Puerto Rico and officers of the House, and not to be withdrawn therefrom, two copies of all the books and printed documents deposited there; send, at the end of each session, a printed copy of the Journal thereof to the executive and to each branch of the legislature of every State as may be requested by such State officials; deliver or mail to any Member, Delegate, or the Resident Commissioner from Puerto Rico an extra copy, in binding of good quality, of each document requested by that Member, Delegate, or the Resident Commissioner which has been printed, by order of either House of the Congress, in any Congress in which he served; attest and affix the seal of the House to all writs, warrants, and subpoenas issued by order of the House; and certify to the passage of all bills and joint resolutions. |
Consolidation of Clerk's authority as noted below:
In proposed clause 2, rule II, all legislative duties of the Clerk are consolidated in the first portion of this clause, and his remaining administrative duties are consolidated in the last portion of this clause. Existing clause 6, rule XIII requiring daily printing of calendars has been transferred to new clause 2(e), rule II to consolidate Clerk's authority under one rule. The requirement of existing clause 5, rule XVI that the Journal note the hour of adjournment is also transferred to the new clause 2(c)(2). |
| (g) The Clerk shall provide for his temporary absence or disability by designating an official in the Office of the Clerk to sign all papers that may require the official signature of the Clerk and to do all other official acts that the Clerk may be required to do under the rules and practices of the House, except such official acts as are provided for by statute. Official acts done by the designated official shall be under the name of the Clerk. The designation shall be in writing and shall be laid before the House and entered on the Journal. | 4. He shall, in case of temporary absence or disability, designate an official in his office to sign all papers that may require the official signature of the Clerk of the House, and to do all other acts except such as are provided for by statute, that may be required under the rules and practices of the House to be done by the Clerk. Such official acts, when so done by the designated official, shall be under the name of the Clerk of the House. The said designation shall be in writing, and shall be laid before the House and entered on the Journal. | |
| (h) The Clerk may receive messages from the President and from the Senate at any time when the House is not in session. | 5. The Clerk is authorized to receive messages from the President and from the Senate at any time that the House is not in session. | |
| (i)(1) The Clerk shall supervise the staff and manage the office of a
Member, Delegate, or Resident Commissioner who has died, resigned, or been
expelled until a successor is elected. The Clerk shall perform similar duties in
the event that a vacancy is declared by the House in any congressional district
because of the incapacity of the person representing such district or other reason.
Whenever the Clerk is acting as a supervisory authority over such staff, he shall
have authority to terminate employees and, with the approval of the Committee
on House Oversight, may appoint such staff as is required to operate the office
until a successor is elected.
(2) For 60 days following the death of a former Speaker, the Clerk shall maintain on the House payroll, and shall supervise in the same manner, staff appointed under House Resolution 1238, Ninety-first Congress (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) (2 U.S.C. 31b-5). |
6. He shall supervise the staff and manage any office of a Member who is deceased, has resigned, or been expelled until a successor is elected and shall perform similar duties in the event that a vacancy is declared by the House in any congressional district because of the incapacity of the Member representing such district or other reason. Whenever the Clerk is acting as a supervisory authority over such staff, he shall have authority to terminate employees; and he may appoint, with the approval of the Committee on House Oversight, such staff as is required to operate the office until a successor is elected. He shall maintain on the House payroll and supervise in the same manner staff appointed pursuant to section 800 of Public Law 91-665 (2 U.S.C. 31b-5) for sixty days following the death of a former Speaker. | |
| (j) In addition to any other reports required by the Speaker or the Committee on House Oversight, the Clerk shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending on June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Clerk. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | 7. In addition to any other reports required by the Speaker or the Committee on House Oversight, the Clerk shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending on June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Clerk. Each report shall include financial statements, a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | |
| (k) The Clerk shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | 8. The Clerk shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | |
| Sergeant-at-Arms
3. (a) The Sergeant-at-Arms shall attend the House during its sittings and maintain order under the direction of the Speaker or other presiding officer. The Sergeant-at-Arms shall execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. |
RULE IV
DUTIES OF THE SERGEANT-AT-ARMS 1. It shall be the duty of the Sergeant-at-Arms to attend the House during its sittings, to maintain order under the direction of the Speaker or Chairman, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk, execute the commands of the House, and all processes issued by authority thereof, directed to him by the Speaker. |
In proposed clause 3, rule II only grammatical changes are made: "or other presiding officer" replaces "chairman" and "clerk" in existing rule. |
| (b) The symbol of the office of the Sergeant-at-Arms shall be the mace, which shall be borne by him while enforcing order on the floor. | 2. The symbol of his office shall be the mace, which shall be borne by him while enforcing order on the floor. | |
| (c) The Sergeant-at-Arms shall enforce strictly the rules relating to the privileges of the Hall of the House and be responsible to the House for the official conduct of his employees. | 3. He shall enforce strictly the rules relating to the privileges of the Hall and be responsible to the House for the official conduct of his employees. | |
| (d) The Sergeant-at-Arms may not allow a person to enter the room over the Hall of the House during its sittings; and from 15 minutes before the hour of the meeting of the House each day until 10 minutes after adjournment, he shall see that the floor is cleared of all persons except those privileged to remain. | 4. He shall allow no person to enter the room over the Hall of the House during its sittings; and fifteen minutes before the hour of the meeting of the House each day he shall see that the floor is cleared of all persons except those privileged to remain, and kept so until ten minutes after adjournment. | The "room over the Hall of the House" houses mechanical equipment and thus admission is restricted during sittings of the House. |
| (e) In addition to any other reports required by the Speaker or the Committee on House Oversight, the Sergeant-at-Arms shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending on June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Sergeant-at-Arms. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | 5. In addition to any other reports required by the Speaker or the Committee on House Oversight, the Sergeant-at-Arms shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending June 30 or on December 31 on the financial and operational status of each function under the jurisdiction of the Sergeant-at-Arms. Each report shall include financial statements, a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | |
| (f) The Sergeant-at-Arms shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | 6. The Sergeant-at-Arms shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | |
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Chief Administrative Officer 4. (a) The Chief Administrative Officer shall have operational and financial responsibility for functions as assigned by the Committee on House Oversight and shall be subject to the policy direction and oversight of the Committee on House Oversight. |
RULE V
CHIEF ADMINISTRATIVE OFFICER 1. The Chief Administrative Officer of the House shall have operational and financial responsibility for functions as assigned by the Committee on House Oversight, and shall be subject to the policy direction and oversight of the Committee on House Oversight. |
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| (b) In addition to any other reports required by the Committee on House Oversight, the Chief Administrative Officer shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending on June 30 or December 31 on the financial and operational status of each function under the jurisdiction of the Chief Administrative Officer. Each report shall include financial statements and a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | 2. In addition to any other reports required by the Committee on House Oversight, the Chief shall report to the Committee on House Oversight not later than 45 days following the close of each semiannual period ending on June 30 or December 31 on the financial and operational status of each function under the jurisdiction of the Chief. Each report shall include financial statements, a description or explanation of current operations, the implementation of new policies and procedures, and future plans for each function. | |
| (c) The Chief Administrative Officer shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | 3. The Chief shall fully cooperate with the appropriate offices and persons in the performance of reviews and audits of financial records and administrative operations. | |
| Chaplain
5. The Chaplain shall offer a prayer at the commencement of each day's sitting of the House. |
Derived from: RULE VII
DUTIES OF THE CHAPLAIN The Chaplain shall attend at the commencement of each day's sitting of the House and open the same with prayer. |
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Office of Inspector General 6. (a) There is established an Office of Inspector General. |
Derived from: RULE VI
OFFICE OF INSPECTOR GENERAL 1. There is established an Office of Inspector General. |
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| (b) The Inspector General shall be appointed for a Congress by the Speaker, the Majority Leader, and the Minority Leader, acting jointly. | 2. The Inspector General shall be appointed for a Congress by the Speaker, the Majority Leader, and the Minority Leader, acting jointly. | |
| (c) Subject to the policy direction and oversight of the Committee on House Oversight, the Inspector General shall only -- | 3. Subject to the policy direction and oversight of the Committee on House Oversight, the Inspector General shall be responsible only for- | |
| (1) conduct periodic audits of the financial and administrative functions of the House and of joint entities; | (a) conducting periodic audits of the financial and administrative functions of the House and joint entities; | |
| (2) inform the officers or other officials who are the subject of an audit of the results of that audit and suggesting appropriate curative actions; | (b) informing the Officers or other officials who are the subject of an audit of the results of that audit and suggesting appropriate curative actions; | |
| (3) simultaneously notify the Speaker, the Majority Leader, the Minority Leader, and the chairman and ranking minority member of the Committee on House Oversight in the case of any financial irregularity discovered in the course of carrying out responsibilities under this clause; | (c) simultaneously notifying the Speaker, the Majority Leader, the Minority Leader, and the chairman and ranking minority party member of the Committee on House Oversight in the case of any financial irregularity discovered in the course of carrying out responsibilities under this rule; | Conforming changes are required when existing rule VI becomes clause 6, rule II. |
| (4) simultaneously submit to the Speaker, the Majority Leader, the Minority Leader, and the chairman and ranking minority member of the Committee on House Oversight a report of each audit conducted under this clause; and | (d) simultaneously submitting to the Speaker, the Majority Leader, the Minority Leader, and the chairman and ranking minority party member of the Committee on House Oversight a report of each audit conducted under this rule; and | |
| (5) report to the Committee on Standards of Official Conduct information involving possible violations by a Member, Delegate, Resident Commissioner, officer, or employee of the House of any rule of the House or of any law applicable to the performance of official duties or the discharge of official responsibilities that may require referral to the appropriate Federal or State authorities under clause 3(a)(3) of rule XI. | (e) reporting to the Committee on Standards of Official Conduct information involving possible violations by any Member, officer, or employee of the House of any rule of the House or of any law applicable to the performance of official duties or the discharge of official responsibilities which may require referral to the appropriate Federal or State authorities pursuant to clause 4(e)(1)(C) of rule X. | |
| Office of the Historian
7. There is established an Office of the Historian of the House of Representatives. |
Derived from clause 10, rule I: 10. There is established in the House of Representatives an office to be known as the Office of the Historian of the House of Representatives. |
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| Office of General Counsel
8. There is established an Office of General Counsel for the purpose of providing legal assistance and representation to the House. Legal assistance and representation shall be provided without regard to political affiliation. The Office of General Counsel shall function pursuant to the direction of the Speaker, who shall consult with a Bipartisan Legal Advisory Group, which shall include the majority and minority leaderships. The Speaker shall appoint and set the annual rate of pay for employees of the Office of General Counsel. |
Derived from clause 11, rule I: 11. There is established in the House of Representatives an office to be known as the Office of General Counsel for the purpose of providing legal assistance and representation to the House. Legal assistance and representation shall be provided without regard to political affiliation. The Office of General Counsel shall function pursuant to the direction of the Speaker, who shall consult with a Bipartisan Legal Advisory Group, which shall include the majority and minority leaderships. The Speaker shall appoint and set the annual rate of pay for employees of the Office of General Counsel. | |
| RULE III.
THE MEMBERS, DELEGATES, AND RESIDENT COMMISSIONER OF PUERTO RICO. |
Derived from: RULE VIII DUTIES OF THE MEMBERS |
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| Voting | ||
| 1. Every Member shall be present within the Hall of the House during
its sittings, unless excused or necessarily prevented, and shall vote on each
question put, unless he has a direct personal or pecuniary interest in the event of
such question.
2. (a) A Member may not authorize any other person to cast his vote or record his presence in the House or the Committee of the Whole House on the state of the Union. (b) No other person may cast a Member's vote or record a Member's presence in the House or the Committee of the Whole House on the state of the Union. |
1. Every Member shall be present within the Hall of the House
during its sittings, unless excused or necessarily prevented; and shall
vote on each question put, unless he has a direct personal or pecuniary
interest in the event of such question.
3. (a) A Member may not authorize any other individual to cast his vote or record his presence in the House or Committee of the Whole. (b) No individual other than a Member may cast a vote or record a Member's presence in the House or Committee of the Whole. (c) A Member may not cast a vote for any other Member or record another Member's presence in the House or Committee of the Whole. |
In proposed rule III the duty of Members with respect to attendance and voting,
currently in rule VIII, are combined with provisions currently in rule XII
authorizing Delegates and the Resident Commissioner from Puerto Rico to serve
on standing, select and conference committees but are kept separate from a code
of conduct and other rules regarding official conduct also applicable to officers
and employees (moved to new rules XXIV through XXVII). This rule is specific
as to the respective duties and prerogatives of Members, Delegates and the
Resident Commissioner.
Existing clause 2, rule VIII on announcement of pairs has been transferred to new clause 8, rule XX as logically belonging to the voting rule. |
| Delegates and the Resident Commissioner
3. (a) Each Delegate and the Resident Commissioner shall be elected to serve on standing committees in the same manner as Members of the House and shall possess in such committees the same powers and privileges as the other members of the committee. |
Derived from: RULE XII
RESIDENT COMMISSIONER AND DELEGATES The Resident Commissioner to the United States from Puerto Rico and each Delegate to the House shall be elected to serve on standing committees in the same manner as Members of the House and shall possess in such committees the same powers and privileges as the other Members. |
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| (b) The Delegates and the Resident Commissioner may be appointed to any select committee and to any conference committee. | Derived from clause 6(h), rule X: (h) The Speaker may appoint the Resident Commissioner from Puerto Rico and Delegates to the House to any select committee and to any conference committee. | |
| RULE IV.
THE HALL OF THE HOUSE. Use and admittance 1. The Hall of the House shall be used only for the legislative business of the House and for caucus and conference meetings of its Members, except when the House agrees to take part in any ceremonies to be observed therein. The Speaker may not entertain a motion for the suspension of this clause. |
Derived from: RULE XXXI HALL OF THE HOUSE The Hall of the House shall be used only for the legislative business of the House and for the caucus meetings of its Members, except upon occasions where the House by resolution agrees to take part in any ceremonies to be observed therein; and the Speaker shall not entertain a motion for the suspension of this rule. |
Rules IV-VI-Administration of the House
In proposed rule IV, current provisions regulating the Hall of the House (rule XXXI), admission to the floor (rule XXXII), and to the galleries (rule XXXIII) are combined as one administrative rule consisting of seven clauses. "By resolution" is deleted as an acknowledgment that means other than resolution exist to order the use of the Hall of the House, such as by unanimous consent or by law. |
| 2. (a) Only the following persons shall be admitted to the Hall of the
House or rooms leading thereto:
(1) Members of Congress, Members-elect, and contestants in election cases during the pendency of their cases on the floor. (2) The Delegates and the Resident Commissioner. (3) The President and Vice President of the United States and their private secretaries. (4) Justices of the Supreme Court. (5) Elected officers and minority employees nominated as elected officers of the House. (6) The Parliamentarian. (7) Staff of committees when business from their committee is under consideration. (8) Not more than one person from the staff of a Member, Delegate, or Resident Commissioner when that Member, Delegate, or Resident Commissioner has an amendment under consideration (subject to clause 5). (9) The Architect of the Capitol. (10) The Librarian of Congress and the assistant in charge of the Law Library. (11) The Secretary and Sergeant-at-Arms of the Senate. (12) Heads of departments. (13) Foreign ministers. (14) Governors of States. (15) Former Members, Delegates, and Resident Commissioners; former Parliamentarians of the House; and former elected officers and minority employees nominated as elected officers of the House (subject to clause 4). (16) One attorney to accompany a Member, Delegate, or Resident Commissioner who is the respondent in an investigation undertaken by the Committee on Standards of Official Conduct when a recommendation of that committee is under consideration in the House. (17) Such persons as have, by name, received the thanks of Congress. (b) The Speaker may not entertain a unanimous consent request or a motion to suspend this clause. |
Derived from: RULE XXXII
OF ADMISSION TO THE FLOOR 1. The persons hereinafter named, and none other, shall be admitted to the Hall of the House or rooms leading thereto, viz: The President and Vice President of the United States and their private secretaries, judges of the Supreme Court, Members of Congress and Members-elect, contestants in election cases during the pendency of their cases in the House, the Secretary and Sergeant-at-Arms of the Senate, heads of departments, foreign ministers, governors of States, the Architect of the Capitol, the Librarian of Congress and his assistant in charge of the Law Library, the Resident Commissioner to the United States from Puerto Rico, each Delegate to the House, such persons as have, by name, received the thanks of Congress, the Parliamentarian, elected officers and elected minority employees of the House (other than Members); and ex-Members of the House of Representatives, former Parliamentarians of the House, and former elected officers and elected minority employees of the House, subject to the provisions of clause 3 of this rule; and clerks of committees when business from their committee is under consideration and not more than one person from a Member's staff when that Member has an amendment under consideration, subject to the provisions of clause 4 of this rule; and one attorney to accompany any Member who is the respondent in an investigation undertaken by the Committee on Standards of Official Conduct when the recommendation of such committee is under consideration; and it shall not be in order for the Speaker to entertain a request for the suspension of this rule or to present from the chair the request of any Member for unanimous consent. |
Proposed clause 2(a)(1) of this rule clarifies that contestants in election cases
have privileges of the House floor only when their cases are the business on the
floor and not merely before a committee.
The minority employees referred to in proposed subparagraphs (5) and (15) are not elected by the House; rather they are nominated by the minority to be their candidates for the elected offices of the House. The language is added for clarity. |
| 3. (a) Except as provided in paragraph (b), all persons not entitled to
the privilege of the floor during the session shall be excluded at all times from
the Hall of the House and the cloakrooms.
(b) Until 15 minutes of the hour of the meeting of the House, persons employed in its service, accredited members of the press entitled to admission to the press gallery, and other persons on request of a Member, Delegate, or Resident Commissioner by card or in writing, may be admitted to the Hall of the House. |
2. There shall be excluded at all times from the Hall of the House of Representatives and the cloakrooms all persons not entitled to the privilege of the floor during the session, except that until fifteen minutes of the hour of the meeting of the House persons employed in its service, accredited members of the press entitled to admission to the press gallery, and other persons on request of Members, by card or in writing may be admitted. | |
| 4. (a) Former Members, Delegates, and Resident Commissioners; former
Parliamentarians of the House; and former elected officers and minority
employees nominated as elected officers of the House shall be entitled to the
privilege of admission to the Hall of the House and rooms leading thereto only if
-
(1) they do not have any direct personal or pecuniary interest in any legislative measure pending before the House or reported by a committee; and (2) they are not in the employ of, or do not represent, any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative measure pending before the House, reported by a committee, or under consideration in any of its committees or subcommittees. (b) The Speaker shall promulgate such regulations as may be necessary to implement this rule and to ensure its enforcement. |
3. Ex-Members of the House of Representatives, former Parliamentarians of the House, and former elected officers and former elected minority employees of the House, shall be entitled to the privilege of admission to the Hall of the House and rooms leading thereto only if they do not have any direct personal or pecuniary interest in any legislative measure pending before the House or reported by any committee of the House and only if they are not in the employ of, or do not represent, any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat or amendment of any legislative measure pending before the House, reported by any committee of the House or under consideration in any of its committees or subcommittees. The Speaker shall promulgate such regulations as may be necessary to implement the provisions of this rule and to ensure its enforcement. | |
| 5. A person from the staff of a Member, Delegate, or Resident Commissioner may be admitted to the Hall of the House or rooms leading thereto under clause 2 only upon prior notice to the Speaker. Such persons, and persons from the staff of committees admitted under clause 2, may not engage in efforts in the Hall of the House or rooms leading thereto to influence Members with regard to the legislation being amended. Such persons shall remain at the desk and are admitted only to advise the Member, Delegate, Resident Commissioner, or committee responsible for their admission. A person who violates this clause may be excluded during the session from the Hall of the House and rooms leading thereto by the Speaker. | 4. Persons from Member's staffs admitted to the Hall of the
House or rooms leading thereto under clause 1 shall be admitted only
upon prior notification to the Speaker. No such person or clerk of a
committee so admitted under clause 1 shall engage in efforts in the Hall
of the House or rooms leading thereto to influence Members with regard
to the legislation being amended. Such persons and clerks shall remain
at the desk and are admitted only to advise the Member or committee
responsible for their admission. Any such person or clerk who violates
this clause may be excluded during the session from the Hall of the
House and rooms leading thereto by the Speaker.
Derived from: RULE XXXIII |
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| Gallery
6. (a) The Speaker shall set aside a portion of the west gallery for the use of the President, the members of the Cabinet, justices of the Supreme Court, foreign ministers and suites, and the members of their respective families. The Speaker shall set aside another portion of the same gallery for the accommodation of persons to be admitted on the cards of Members, Delegates, or the Resident Commissioner. (b) The Speaker shall set aside the southerly half of the east gallery for the use of the families of Members of Congress. The Speaker shall control one bench. On the request of a Member, Delegate, Resident Commissioner, or Senator, the Speaker shall issue a card of admission to his family, which may include their visitors. No other person shall be admitted to this section. |
OF ADMISSION TO THE GALLERIES
The Speaker shall set aside a portion of the west gallery for the use of the President of the United States, the members of his Cabinet, justices of the Supreme Court, foreign ministers and suites, and the members of their respective families, and shall also set aside another portion of the same gallery for the accommodation of persons to be admitted on the card of Members. The southerly half of the east gallery shall be assigned exclusively for the use of the families of Members of Congress, in which the Speaker shall control one bench, and on request of a Member the Speaker shall issue a card of admission to his family, which shall include their visitors, and no other person shall be admitted to this section. |
|
| Prohibition on campaign contributions
7. A Member, Delegate, Resident Commissioner, officer, or employee of the House, or any other person entitled to admission to the Hall of the House or rooms leading thereto by this rule, may not knowingly distribute a political campaign contribution in the Hall of the House or rooms leading thereto. |
Derived from clause 5, rule XXXII: 5. No Member, officer, or employee of the House of Representatives, or any other person entitled to admission to the Hall of the House or rooms leading thereto by this rule, shall knowingly distribute any political campaign contribution in the Hall of the House or rooms leading thereto. | |
| RULE V.
BROADCASTING THE HOUSE. 1. The Speaker shall administer a system subject to his direction and control for closed-circuit viewing of floor proceedings of the House in the offices of all Members, Delegates, the Resident Commissioner, and committees and in such other places in the Capitol and the House Office Buildings as he considers appropriate. Such system may include other telecommunications functions as the Speaker considers appropriate. Any such telecommunications shall be subject to rules and regulations issued by the Speaker. |
Derived from clause 9, rule I: 9. (a) He shall devise and implement a system subject to his direction and control for closed circuit viewing of floor proceedings of the House of Representatives in the offices of all Members and committees and in such other places in the Capitol and the House Office Buildings as he deems appropriate. Such system may include other telecommunications functions as he deems appropriate. Any such telecommunications function shall be subject to rules and regulations issued by the Speaker. |
In proposed rule V, current provisions in clause 9 of rule I with respect to the Speaker's authority to control broadcasting of proceedings of the House are transferred to become a separate administrative rule. |
| 2. (a) The Speaker shall administer a system subject to his direction and control for complete and unedited audio and visual broadcasting and recording of the proceedings of the House. The Speaker shall provide for the distribution of such broadcasts and recordings to news media, for the storage of audio and video recordings of the proceedings, and for the closed-captioning of the proceedings for hearing-impaired persons. | (b)(1) He shall devise and implement a system subject to his direction and control for complete and unedited audio and visual broadcasting and recording of the proceedings of the House of Representatives. He shall provide for the distribution of such broadcasts and recordings thereof to news media, the storage of audio and video recordings of the proceedings, and the closed captioning of the proceedings for hearing-impaired individuals. | |
| (b) All television and radio broadcasting stations, networks, services, and systems (including cable systems) that are accredited to the House Radio and Television Correspondents' Galleries, and all radio and television correspondents who are so accredited, shall be provided access to the live coverage of the House. | (2) All television and radio broadcasting stations, networks, services, and systems (including cable systems) which are accredited to the House radio and television correspondents' galleries, and all radio and television correspondents who are accredited to the radio and television correspondents' galleries shall be provided access to the live coverage of the House of Representatives. | |
| (c) Coverage made available under this clause, including any recording
thereof --
(1) may not be used for any political purpose; (2) may not be used in any commercial advertisement; and (3) may not be broadcast with commercial sponsorship except as part of a bona fide news program or public affairs documentary program. 3. The Speaker may delegate any of his responsibilities under this rule to such legislative entity as he considers appropriate. |
(3) No coverage made available under this clause nor any
recording thereof shall be used for any political purpose.
(4) Coverage made available under this clause shall not be broadcast with commercial sponsorship except as part of bona fide news programs and public affairs documentary programs. No part of such coverage or any recording thereof shall be used in any commercial advertisement. (c) He may delegate any of his responsibilities under this clause to such legislative entity as he deems appropriate. |
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| RULE VI.
OFFICIAL REPORTERS AND NEWS MEDIA GALLERIES. |
Derived from: RULE XXXIV
OFFICIAL AND OTHER REPORTERS |
|
| Official reporters | ||
| 1. Subject to the direction and control of the Speaker, the Clerk shall appoint, and may remove for cause, the official reporters of the House, including stenographers of committees, and shall supervise the execution of their duties. | 1. The appointment and removal, for cause, of the official reporters of the House, including stenographers of committees, and the manner of the execution of their duties shall be vested in the Clerk, subject to the direction and control of the Speaker. | In proposed rule VI, current provisions in rule XXXIV regarding official and
other reporters are redesignated as a new administrative rule and are redescribed
to refer to news media galleries (rather than "other reporters").
The term "supervise" in clause 1 describes the vesting of authority in the Clerk. |
| News media galleries | ||
| 2. A portion of the gallery over the Speaker's chair as may be necessary to accommodate representatives of the press wishing to report debates and proceedings shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may prescribe from time to time. The Standing Committee of Correspondents for the Press Gallery, and the Executive Committee of Correspondents for the Periodical Press Gallery, shall supervise such galleries, including the designation of its employees, subject to the direction and control of the Speaker. The Speaker may assign one seat on the floor to Associated Press reporters and one to United Press International reporters, and may regulate their occupation. The Speaker may admit to the floor, under such regulations as he may prescribe, one additional representative of each press association. | 2. Such portion of the gallery over the Speaker's chair as may be necessary to accommodate representatives of the press wishing to report debates and proceedings shall be set aside for their use, and reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may from time to time prescribe; and the supervision of such gallery, including the designation of its employees, shall be vested in the standing committee of correspondents, subject to the direction and control of the Speaker; and the Speaker may assign one seat on the floor to Associated Press reporters and one to United Press International, and regulate the occupation of the same. And the Speaker may admit to the floor, under such regulations as he may prescribe, one additional representative of each press association. | |
| 3. A portion of the gallery as may be necessary to accommodate reporters of news to be disseminated by radio, television, and similar means of transmission, wishing to report debates and proceedings, shall be set aside for their use. Reputable reporters and correspondents shall be admitted thereto under such regulations as the Speaker may prescribe. The Executive Committee of the Radio and Television Correspondents' Galleries shall supervise such gallery, including the designation of its employees, subject to the direction and control of the Speaker. The Speaker may admit to the floor, under such regulations as he may prescribe, one representative of the National Broadcasting Company, one of the Columbia Broadcasting System, and one of the American Broadcasting Company. | 3. Such portion of the gallery of the House of Representatives as may be necessary to accommodate reporters of news to be disseminated by radio, television, and similar means of transmission, wishing to report debates and proceedings, shall be set aside for their use, and reputable reporters thus engaged shall be admitted thereto under such regulations as the Speaker may from time to time prescribe; and the supervision of such gallery, including the designation of its employees, shall be vested in the Executive Committee of the Radio and Television Correspondents' Galleries, subject to the direction and control of the Speaker; and the Speaker may admit to the floor, under such regulations as he may prescribe, one representative of the National Broadcasting Company, one of the Columbia Broadcasting System, one of the Mutual Broadcasting System, and one of the American Broadcasting Company. | |
| RULE VII.
RECORDS OF THE HOUSE. Archiving 1. (a) At the end of each Congress, the chairman of each committee shall transfer to the Clerk any noncurrent records of such committee, including the subcommittees thereof. |
Derived from: RULE XXXVI
PRESERVATION AND AVAILABILITY OF NONCURRENT RECORDS OF THE HOUSE 1. (a) At the end of each Congress, the chairman of each committee of the House shall transfer to the Clerk any noncurrent records of such committee, including the subcommittees thereof. |
Rules VII-IX-Institutional Prerogatives
In proposed rule VII, current provisions in rules XXXVI and XXXVII regarding preservation and availability of noncurrent records of the House and withdrawal of papers presented to the House are combined as one administrative rule consisting of seven clauses. The two rules are related logically. |
| (b) At the end of each Congress, each officer of the House elected under rule II shall transfer to the Clerk any noncurrent records made or acquired in the course of the duties of such officer. | (b) At the end of each Congress, each officer of the House elected pursuant to rule II shall transfer to the Clerk any noncurrent records made or acquired in the course of the duties of such officer. | |
| 2. The Clerk shall deliver the records transferred under clause 1, together with any other noncurrent records of the House, to the Archivist of the United States for preservation at the National Archives and Records Administration. Records so delivered are the permanent property of the House and remain subject to this rule and any order of the House. | 2. The Clerk shall deliver the records transferred pursuant to clause 1 of the rule, together with any other noncurrent records of the House, to the Archivist of the United States for preservation at the National Archives and Records Administration. Records so delivered are the permanent property of the House and remain subject to this rule and the orders of the House. | |
| Public availability | ||
| 3. (a) The Clerk shall authorize the Archivist to make records delivered under clause 2 available for public use, subject to paragraph (b), clause 4, and any order of the House. | 3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule, and orders of the House, the Clerk shall authorize the Archivist of the United States to make available for public use the records delivered to the Archivist under clause 2 of this rule. | |
| (b)(1) A record shall immediately be made available if it was previously made available for public use by the House or a committee or a subcommittee. | (b)(1) Any record that the House or a committee of the House (or a subcommittee thereof) makes available for public use before such record is delivered to the Archivist under clause 2 of this rule shall be made available immediately. | |
| (2) An investigative record that contains personal data relating to a specific living person (the disclosure of which would be an unwarranted invasion of personal privacy), an administrative record relating to personnel, or a record relating to a hearing that was closed under clause 2(g)(2) of rule XI shall be made available if it has been in existence for 50 years. | (2) Any investigative record that contains personal data relating to a specific living individual (the disclosure of which would be an unwarranted invasion of personal privacy), any administrative record with respect to personnel, and any record with respect to a hearing closed pursuant to clause 2(g)(2) of rule XI shall be available if such record has been in existence for 50 years. | |
| (3) A record for which a time, schedule, or condition for availability is specified by order of the House shall be made available in accordance with that order. Except as otherwise provided by order of the House, a record of a committee for which a time, schedule, or condition for availability is specified by order of the committee (entered during the Congress in which the record is made or acquired by the committee) shall be made available in accordance with the order of the committee. | (3) Any record for which a time, schedule, or condition for availability is specified by order of the House shall be made available in accordance with that order. Except as otherwise provided by order of the House, any record of a committee for which a time, schedule, or condition for availability is specified by order of the committee (entered during the Congress in which the record is made or acquired by the committee) shall be made available in accordance with the order of the committee. | |
| (4) A record (other than a record referred to in subparagraph (1), (2), or (3)) shall be made available if it has been in existence for 30 years. | (4) Any record (other than a record referred to in subparagraph (1), (2), or (3) of this paragraph) shall be made available if such record has been in existence for 30 years. | |
| 4. (a) A record may not be made available for public use under clause 3 if the Clerk determines that such availability would be detrimental to the public interest or inconsistent with the rights and privileges of the House. The Clerk shall notify in writing the chairman and ranking minority member of the Committee on House Oversight of any such determination. | 4. (a) A record shall not be made available for public use under clause 3 of this rule if the Clerk determines that such availability would be detrimental to the public interest or inconsistent with the rights and privileges of the House. The Clerk shall notify in writing the chairman and the ranking minority party member of the Committee on House Oversight of any determination under the preceding sentence. | |
| (b) A determination of the Clerk under paragraph (a) is subject to later orders of the House and, in the case of a record of a committee, later orders of the committee. | (b) A determination of the Clerk under paragraph (a) is subject to later order of the House and, in the case of a record of a committee, later order of the committee. | |
| 5. (a) This rule does not supersede rule VIII or clause 9 of rule X and does not authorize the public disclosure of any record if such disclosure is prohibited by law or executive order of the President. | 5. (a) This rule does not supersede rule XLVIII or rule L and does not authorize the public disclosure of any record if such disclosure is prohibited by law or executive order of the President. | |
| (b) The Committee on House Oversight may prescribe guidelines and regulations governing the applicability and implementation of this rule. | (b) The Committee on House Oversight may prescribe guidelines and regulations governing the applicability and implementation of this rule. | |
| (c) A committee may withdraw from the National Archives and Records Administration any record of the committee delivered to the Archivist under this rule. Such a withdrawal shall be on a temporary basis and for official use of the committee. | (c) A committee may withdraw from the National Archives and Records Administration any record of the committee delivered to the Archivist of the United States under this rule. Such withdrawal shall be on a temporary basis and for official use of the committee. | |
| Definition of record | ||
| 6. In this rule the term "record" means any official, permanent record of the House (other than a record of an individual Member, Delegate, or Resident Commissioner), including -- | 6. As used in the rule the term "record" means any official permanent record of the House, including- | Proposed clause 2(e)(2)(A), rule XI (existing clause 2(e)(2), rule XI) requires all committee records be kept separate and distinct from the congressional office records of the member serving as chairman. |
| (a) with respect to a committee, an official, permanent record of the committee (including any record of a legislative, oversight, or other activity of such committee or a subcommittee thereof); and | (a) with respect to a committee of the House, an official, permanent record of the committee (including any record of a legislative, oversight, or other activity of such committee or subcommittee thereof); and | |
| (b) with respect to an officer of the House elected under rule II, an official, permanent record made or acquired in the course of the duties of such officer. | (b) with respect to an officer of the House elected
pursuant to rule II, an official, permanent record made or
acquired in the course of the duties of such officer.
Such term does not include a record of an individual Member of the House. |
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| Withdrawal of papers | ||
| 7. A memorial or other paper presented to the House may not be withdrawn from its files without its leave. If withdrawn certified copies thereof shall be left in the office of the Clerk. When an act passes for the settlement of a claim, the Clerk may transmit to the officer charged with the settlement thereof the papers on file in his office relating to such claim. The Clerk may lend temporarily to an officer or bureau of the executive departments any papers on file in his office relating to any matter pending before such officer or bureau, taking proper receipt therefor. | Derived from: RULE XXXVII
WITHDRAWAL OF PAPERS No memorial or other paper presented to the House shall be withdrawn from its files without its leave, and if withdrawn therefrom certified copies thereof shall be left in the office of the Clerk; but when an act may pass for the settlement of a claim, the Clerk is authorized to transmit to the officer in charge with the settlement thereof the papers on file in his office relating to such claim, or may loan temporarily to an officer or bureau of the executive departments any papers on file in his office relating to any matter pending before such officer or bureau, taking proper receipt therefor. |
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RULE VIII. RESPONSE TO SUBPOENAS. 1. When a Member, Delegate, Resident Commissioner, officer, or employee of the House is properly served with a subpoena or other judicial order directing appearance as a witness relating to the official functions of the House or for the production or disclosure of any document relating to the official functions of the House, such Member, Delegate, Resident Commissioner, officer, or employee shall comply, consistently with the privileges and rights of the House, with the subpoena or other judicial order as hereinafter provided, unless otherwise determined under this rule. |
Derived from: RULE L PROCEDURE FOR RESPONSE TO SUBPOENAS 1. When any Member, officer, or employee of the House of Representatives is properly served with a subpoena or other judicial order directing appearance as a witness relating to the official functions of the House or for the production or disclosure of any documents relating to the official functions of the House, such Member, officer, or employee shall comply, consistently with the privileges and rights of the House, with said subpoena or other judicial order as hereinafter provided, unless otherwise determined pursuant to the provisions of this rule. |
In proposed rule VIII, current provisions in rule L regarding responses to judicial subpoenas are transferred to this portion of the rules covering institutional prerogatives. These responses are to be distinguished from those involving congressional subpoenas. |
| 2. Upon receipt of a properly served subpoena or other judicial order described in clause 1, a Member, Delegate, Resident Commissioner, officer, or employee of the House shall promptly notify the Speaker of its receipt in writing. Such notification shall promptly be laid before the House by the Speaker. During a period of recess or adjournment of longer than three days, notification to the House is not required until the reconvening of the House, when the notification shall promptly be laid before the House by the Speaker. | 2. Upon receipt of a properly served subpoena or other judicial order directing appearance as a witness relating to the official functions of the House or for the production or disclosure of any documents relating to the official functions of the House, such Member, officer, or employee shall promptly notify, in writing, the Speaker of its receipt and such notification shall then be promptly laid before the House by the Speaker, except that during a period of recess or adjournment of longer than three days, no such notification to the House shall be required. However, upon the reconvening of the House, such notification shall then be promptly laid before the House by the Speaker. | |
| 3. Once notification has been laid before the House, the Member, Delegate, Resident Commissioner, officer, or employee of the House shall determine whether the issuance of the subpoena or other judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House. Such Member, Delegate, Resident Commissioner, officer, or employee shall notify the Speaker before seeking judicial determination of these matters. | 3. Once notification has been laid before the House, the Member, officer, or employee shall determine whether the issuance of the subpoena or other judicial order is a proper exercise of the court's jurisdiction, is material and relevant, and is consistent with the privileges and rights of the House. The Member, officer, or employee shall notify the Speaker prior to seeking judicial determination of these matters. | The changes in proposed clauses 3 and 4 are intended to avoid the use of possessives, as in the current rule. |
| 4. Upon determination whether a subpoena or other judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House, the Member, Delegate, Resident Commissioner, officer, or employee of the House shall immediately notify the Speaker of the determination in writing. | 4. Upon determination whether the subpoena or other judicial order is a proper exercise of the court's jurisdiction, is material and relevant, and is consistent with the privileges and rights of the House, the Member, officer, or employee shall immediately notify, in writing, the Speaker of such a determination. | |
| 5. The Speaker shall inform the House of a determination whether a subpoena or other judicial order described in clause 1 is a proper exercise of jurisdiction by the court, is material and relevant, and is consistent with the privileges and rights of the House. In so informing the House, the Speaker shall generally describe the records or information sought. During a period of recess or adjournment of longer than three days, such notification is not required until the reconvening of the House, when the notification shall promptly be laid before the House by the Speaker. | 5. The Speaker shall inform the House of the determination of whether the subpoena or other judicial order is a proper exercise of the court's jurisdiction, is material and relevant, and is consistent with the privileges and rights of the House, and shall generally describe the records or information sought, except that during any recess or adjournment of the House for longer than three days, no such notification is required. However, upon the reconvening of the House, such notification shall then be promptly laid before the House by the Speaker. | |
| 6. (a) Except as specified in paragraph (b) or otherwise ordered by the
House, upon notification to the House that a subpoena or other judicial order
described in clause 1 is a proper exercise of jurisdiction by the court, is material
and relevant, and is consistent with the privileges and rights of the House, the
Member, Delegate, Resident Commissioner, officer, or employee of the House
shall comply with the subpoena or other judicial order by supplying certified
copies.
(b) Under no circumstances may minutes or transcripts of executive sessions, or evidence of witnesses in respect thereto, be disclosed or copied. During a period of recess or adjournment of longer than three days, the Speaker may authorize compliance or take such other action as he considers appropriate under the circumstances. Upon the reconvening of the House, all matters that transpired under this clause shall promptly be laid before the House by the Speaker. |
6. Upon such notification to the House that said subpoena is a proper exercise of the court's jurisdiction, is material and relevant, and is consistent with the privileges and rights of the House, the Member, officer, or employee shall comply with such subpoena or other judicial order by supplying certified copies, unless the House adopts a resolution to the contrary; except that under no circumstances shall any minutes or transcripts of executive sessions, or any evidence of witnesses in respect thereto, be disclosed or copied. Should the House be in recess or adjournment for longer than three days, the Speaker may authorize compliance or take such other action as he deems appropriate under the circumstances during the pendency of such recess or adjournment. And upon the reconvening of the House, all matters having transpired under this clause shall be laid promptly before the House by the Speaker. | |
| 7. A copy of this rule shall be transmitted by the Clerk to the court when a subpoena or other judicial order described in clause 1 is issued and served on a Member, Delegate, Resident Commissioner, officer, or employee of the House. | 7. A copy of this rule shall be transmitted by the Clerk of the House to any of said courts whenever any such subpoena or other judicial order is issued and served on a Member, officer, or employee of the House. | |
| 8. Nothing in this rule shall be construed to deprive, condition, or waive the constitutional or legal privileges or rights applicable or available at any time to a Member, Delegate, Resident Commissioner, officer, or employee of the House, or of the House itself, or the right of such Member, Delegate, Resident Commissioner, officer, or employee, or of the House itself, to assert such privileges or rights before a court in the United States. | 8. Nothing in this rule shall be construed to deprive, condition or waive the constitutional or legal rights applicable or available to any Member, officer, or employee of the House, or of the House itself, or the right of a Member or the House to assert such privilege or right before any court in the United States, or the right of the House thereafter to assert such privilege or immunity before any court in the United States. | |
| RULE IX.
QUESTIONS OF PRIVILEGE. 1. Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; and second, those affecting the rights, reputation, and conduct of Members, Delegates, or the Resident Commissioner, individually, in their representative capacity only. |
Derived from: RULE IX
QUESTIONS OF PRIVILEGE 1. Questions of privilege shall be, first, those affecting the rights of the House collectively, its safety, dignity, and the integrity of its proceedings; and second, those affecting the rights, reputation, and conduct of Members, individually, in their representative capacity only. |
Proposed rule IX on questions of privilege, including privileges of the House and personal privilege, retains the same number as the existing rule, in order to preserve many precedent citations to rule IX and consistent with the treatment in this portion of the rules of matters involving institutional prerogatives. Questions of privilege remain distinguished from "privileged questions," matters which are merely eligible for expedited consideration under the rules (see proposed rule XIII). |
| 2. (a)(1) A resolution reported as a question of the privileges of the House, or offered from the floor by the Majority Leader or the Minority Leader as a question of the privileges of the House, or offered as privileged under clause 1, section 7, article I of the Constitution, shall have precedence of all other questions except motions to adjourn. A resolution offered from the floor by a Member, Delegate, or Resident Commissioner other than the Majority Leader or the Minority Leader as a question of the privileges of the House shall have precedence of all other questions except motions to adjourn only at a time or place, designated by the Speaker, in the legislative schedule within two legislative days after the day on which the proponent announces to the House his intention to offer the resolution and the form of the resolution. | 2. (a)(1) A resolution reported as a question of the privileges of the House, or offered from the floor by the Majority Leader or the Minority Leader as a question of the privileges of the House, or offered as privileged under clause 1, section 7, article I of the Constitution, shall have precedence of all other questions except motions to adjourn. A resolution offered from the floor by a Member other than the Majority Leader or the Minority Leader as a question of the privileges of the House shall have precedence of all other questions except motions to adjourn only at a time or place, designated by the Speaker, in the legislative schedule within two legislative days after the day on which the proponent announces to the House his intention to offer the resolution and the form of the resolution. | |
| (2) The time allotted for debate on a resolution offered from the floor as a question of the privileges of the House shall be equally divided between (A) the proponent of the resolution, and (B) the Majority Leader, the Minority Leader, or a designee, as determined by the Speaker. | (2) The time allotted for debate on a resolution offered from the floor as a question of the privileges of the House shall be equally divided between (A) the proponent of the resolution, and (B) the Majority Leader or the Minority Leader or a designee, as determined by the Speaker. | |
| (b) A question of personal privilege shall have precedence of all other questions except motions to adjourn. | (b) A question of personal privilege shall have precedence of all other questions except motions to adjourn. | |
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RULE X. ORGANIZATION OF COMMITTEES. Committees and their legislative jurisdictions |
Derived from: RULE X ESTABLISHMENT AND JURISDICTION OF STANDING COMMITTEES The Committees and Their Jurisdiction |
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| 1. There shall be in the House the following standing committees,
each of which shall have the jurisdiction and related functions assigned by this
clause and clauses 2, 3, and 4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees listed in this clause
shall be referred to those committees, in accordance with clause 2 of rule XII, as
follows:
(a) Committee on Agriculture. |