The roll having been completed, the Clerk announced that the tellers had reached an agreement that the total number of votes cast were of which Mr. J. Dennis HASTERT received 226; Ms. Nancy PELOSI received 199; Mr. John P. MURTHA received 1. Mr. J. Dennis HASTERT of Illinois, having received 226 votes, being the largest number cast for any Member-elect and a majority of the whole number of votes cast, was declared by the Clerk to have been duly elected Speaker of the House of Representatives for the 109th Congress.

The Clerk announced the appointment of MS. PELOSI, Mr. DELAY, Mr. BLUNT, Mr. HOYER, MS. PRYCE of Ohio, Mr. MENENDEZ, Mr. HYDE, Mr. EVANS, Mr. COSTELLO, Mr. GUTIERREZ, Mr. MANZULLO, Mr. RUSH, Mr. LAHOOD, Mr. WELLER, Mr. JACKSON of Illinois, Mr. DAVIS of Illinois, Mr. SHIMKUS, Mrs. BIGGERT, MS. SCHAKOWSKY, Mr. JOHNSON of Illinois, Mr. KIRK, Mr. EMANUEL, Ms. BEAN, and Mr. LIPINSKI, to escort the Speaker to the Chair.

The SPEAKER-elect was escorted to the Chair by said committee and, following an introduction by Ms. Nancy PELOSI, addressed the House as follows:

"Thank you, Nancy, for those gracious remarks. You have been an able leader for the Democratic Caucus in this House and you have helped lead this Congress with honor and distinction. We have disagreed on policy matters in the past, and I suspect we will disagree again in the future, but we both love this House of Representatives and the great democratic process of representative government.

"Nancy, we have some serious issues to confront in this new Congress and I look forward to a vigorous debate in the months ahead, for it is through debate that we arrive at the policy decisions that will keep this Nation safe and make it stronger. This House is where we fight the battle of ideas and

at the end of the day we make the laws that govern this Nation, and so it is a great honor to serve in this institution. It is a special honor to sit in this chair. I thank each of you for allowing me once again to serve as your Speaker.

"The new year confronted us with two sad tragedies. First came the images from the tsunami that ravaged countries bordering the Indian Ocean. Our deepest condolences go to all those who lost loved ones in this terrible event. Just as former Presidents Clinton and Bush will join together to coordinate private relief efforts here in the United States, we in the Congress will work together on a bipartisan basis to get the necessary relief to those in need.

"Second, we lost one of our own on New Year's Day. I too want to pay tribute to our fallen colleague, Bob MATSUI. Bob holds a special place in the hearts of Members on both sides of the aisle. He was a man of strong principle but a kind and gentle spirit. He was a proud Democrat, but he also knew how to reach across the aisle when the interests of his country demanded it. He will be greatly missed in this House and we are a better House of Representatives because he served here.

"Now let me welcome our new Members. We have 38 new Members, three of whom are returning after previous service here. Twenty-two of the new Members served in the State legislatures. Ten served in local government. For only the second time in House history, this class includes a Member whose ancestry is from the world's largest democracy, the nation of India. This is a motivated and talented group whom I believe will make a positive impact on the Congress for years to

come.

"I will not spend a great deal of time in these remarks to give you new Members a lot of advice, but I will say this. I hope that you will take the time to get to know your colleagues, to find mentors in this great body. There is a lot of wisdom and experience in this place. Even as each of you bring a new and fresh perspective to this place, there is also much to be learned from the past.

"Last month, I had the opportunity to travel to Europe to participate in the ceremonies commemorating the 60th anniversary of the Battle of the Bulge, to see our young soldiers as we visited the hospitals and bases across Europe and also visit with old soldiers who had served and given their all 60 years ago to help keep this country free. It was a great experience.

"Our former colleague and Republican leader, Bob Michel who was wounded in the Battle of the Bulge, accompanied me along with the gentleman from Michigan [Mr. DINGELL], the Dean of this House, another distinguished veteran, who will soon celebrate his 50th year in this body. And to you incoming Members, I must tell you I have learned much from these great men. In fact, I continue to learn from them. So, new Members, seek out the

Henry Hydes and the Charlie Rangels and the Bill Youngs and the John Lewises and the many talented people who serve here. Get to know them and follow in their footsteps of distinguished service.

"As we open the doors to the 109th Congress, we close the doors of the 108th Congress. Those returning Members can look with pride at the accomplishments of the last Congress: the historic reform of the Medicare system that includes a prescription drug package for our seniors, health savings accounts that give American consumers more power over their health care dollars, creation of the National Intelligence Director and a complete overhaul of our intelligence capabilities, tax relief that kept us out of a deep recession and will propel us into better economic growth in the future.

"But there is still much work to do. "Make no little plan,' said Daniel Burnham, the architect who helped design the great city of Chicago. 'For they have no magic to stir men's blood.'

"In this Congress, big plans will still stir men's blood. The 109th Congress will be the Reform Congress. We have big challenges that face this country, and we need big ideas to meet those challenges. Today we must seize the initiative. Today we must start anew the process of reforming our government. Security and prosperity only come with hard work and responsible government. Today let us get to that hard work.

"First and foremost, we must make this country safe from those who would do us great harm. Every day that I look out the window of my office towards the Pentagon building, I am reminded of that monstrous attack on September 11, 2001, that killed 3,000 of our fellow citizens. And each day this Congress has taken important steps to make this country safer from the terrorists who seek to attack us again.

"In the 107th Congress, we created the Department of Homeland Security and the U.S. PATRIOT Act and the Visa and Border Security Act. In the 108th Congress, we created the Director of National Intelligence. And in this 109th Congress we have to continue making progress. We need to strength

our borders, reform our asylum laws, and improve the national standards for driver's licenses.

"The terrorists who attacked us did so by exploiting gaps in our border security system, by abusing our immigration laws, and by abusing the everyday freedoms that every American takes for granted, yet holds so dear to their hearts. We must fill those gaps.

"As the Congress works to reform the executive branch, we must also work to reform our congressional oversight functions. In the 108th Congress, we created a Select Committee on Homeland Security. Today in the rules of the House that we will adopt shortly, I have proposed that we make the Select Committee on Homeland Security a permanent standing committee. Better

oversight of the Department of Homeland Security will lead to better security for all Americans. I urge my colleagues on both sides of the aisle to support this effort.

"As we secure the homeland, we must do everything we can to support our troops around the world who are on the front lines fighting the war on terror. I am troubled by accounts that our soldiers do not have the equipment and the armor to protect themselves against roadside bombs in Iraq. This cannot stand. This Congress, on a bipartisan basis, will continue to provide the resources needed to take care of our fighting men and women. Protecting our homeland and winning the war on terror are critical components of making this country more secure.

"But long-term security means more than fighting the war on terror. It also means taking important steps to get our fiscal house in order. The President has laid out a bold reform agenda. We need to move aggressively on his reform agenda to protect our Nation from a looming fiscal crisis. This Congress and its predecessors have a covenant with older Americans. We have repeatedly promised to keep Social Security strong, and so it is there to protect today's seniors and is available to our children and our grandchildren. But to keep it safe, we need to make some important changes. If we wait too long, the consequences of inaction could be catastrophic.

"And let me be clear. We do this without changing the system for those who receive Social Security benefits now. As we strengthen the Social Security system, we must also start a national debate on completely overhauling our Tax Code. In the last Congress, a lot of words were spoken on this floor about jobs leaving our country, about outsourcing. This Congress must do everything in its power to protect American jobs, and the one thing that kills American jobs is our Tax Code. Let me say that again. Our Tax Code is killing jobs in America. It disadvantages those who produce here to sell overseas and gives real great advantage to those who produce overseas to sell their products here. Our Tax Code is too complicated, it is too unfair, and it punishes job creators. It costs American taxpayers over $250 billion every year just to fill out their tax forms and comply with the IRS. America must have a simpler Tax Code, one that makes sense for all Americans.

"As we debate the larger issues of reforming the Tax Code, we should keep in mind that increasing taxes just as the economy is getting its footing is simply wrong. This Republican majority will not raise taxes. We should continue to keep taxes low by making permanent the tax cuts we passed in the 107th and 108th Congresses. I disagree with the position of some of my colleagues who believe that we should raise taxes to cut the deficit. The best way to close the deficit gap is to keep the economy growing as we control spending. I appreciate the hard work of

the Committee on Appropriations slowing the growth of discretionary spending. We need to keep that kind of fiscal discipline in this Congress.

"But we also need to take a look at entitlement spending. We must apply cost-savings technology to the government to improve efficiency, to cut down on waste, fraud, and abuse.

"And as we look for ways to improve our Nation's economic future, we can start by finally passing laws to stop lawsuit abuse. Most people know how abusive lawsuits have driven many doctors, especially OB/GYNs, out of business. This is just one example of how lawsuit abuse hurts our citizens, particularly women and children. We have to bring common sense to our legal process. And, yes, there needs to be accountability for those who do harm, but abuses must be ended. That is why we must pass class-action reform this year.

"Another impediment to our continued economic prosperity is the volatile energy market. We passed an energy conference report out of the House the last Congress, only to see it die in the other body. We need to finish the job this year.

"And, finally, as we prepare our economy for the next 50 years, we must keep our transportation system on the cutting edge. Our roads, bridges, and ports not only move people; they also move products. And we must make at home those products to sell abroad, and we must keep those institutions viable that move them from the marketplace to the markets. To keep our products moving, we must finish the work on the transportation bill early this year.

"As we move this aggressive reform agenda, let us ever be mindful of our responsibilities laid out in the Constitution. The Constitution begins by describing the legislative branch. Article I, section 1 says that all legislative powers herein granted shall be vested in the Congress. The mission of the Congress, as laid out in the Constitution, is stark: establish justice, ensure domestic tranquility, and provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity. One hundred nine times, newly elected Members of Congress have gathered together to be sworn in, to pledge a solemn oath to uphold that Constitution. The size of the delegations have increased, the numbers of constituents have multiplied, and the demands on the Members seem more complex than ever. But the basics of doing the job have never really changed. Those Members who do best in this place are those who never lose sight of where they came from or whom they represent.

"My congressional district lies in the heartland of America. My home is in the Fox River Valley, not the Potomac River. And I want to thank my constituents of the 14th District of Illinois for giving me the opportunity to serve them again. It is indeed an honor and a privilege to represent these great Americans.

"And as I thank my constituents, I must also thank my most important constituent, my wife, Jean, who, by the way, is the Speaker in our house.

"Jean, thank you for your patience, your guidance, your sense humor, and your wonderful common sense.

"As elected representatives of the people, each of us shoulders a great burden of responsibility. Our families often bear the brunt of that burden. And let me thank all of the spouses and the children, many of whom are here in this Chamber today. We want to thank you for your sacrifices on behalf of the American people.

"And as we begin this historic 109th Congress, let us also give thanks to our Creator for the blessings that He has bestowed upon us. May God bless this House and all who serve in it, and may God bless this great Nation we call America."

11.8 OATH OF OFFICE-SPEAKER

At the request of the Speaker-elect the oath of office was then administered to him by Mr. John D. DINGELL, dean of the House.

11.9 OATH OF OFFICE-MEMBERS-ELECT, DELEGATES-ELECT, RESIDENT COMMISSIONER-ELECT

The SPEAKER said: "According to precedent, the Chair will swear in all Members of the House at this time. If the Members will rise, the Chair will now administer the oath of office."

The Members-elect, Delegates-elect and Resident Commissioner-elect, then rose in their places and took the oath of office prescribed by law.

11.10 SELECTION OF MAJORITY AND

MINORITY LEADERS

Ms. PRYCE of Ohio notified the House of the selection of the Republican Conference of Mr. DELAY as Majority Leader.

Mr. MENENDEZ notified the House of the selection by the Democratic Caucus of Ms. PELOSI as Minority Leader.

11.11 SELECTION OF MAJORITY AND MINORITY WHIPS

Ms. PRYCE of Ohio notified the House of the selection of Mr. BLUNT as Majority Whip.

Mr. MENENDEZ notified the House of the selection of Mr. HOYER as Minority Whip.

11.12 ORGANIZATIONAL RESOLUTION

Ms. PRYCE of Ohio submitted the following privileged resolution (H. Res. 1):

Resolved, That Jeffrey J. Trandahl of the State of South Dakota be, and is hereby, chosen Clerk of the House of Representatives;

That Wilson S. Livingood of the Commonwealth of Virginia be, and is hereby, chosen Sergeant at Arms of the House of Representatives;

That James M. Eagen, III, of the Commonwealth of Pennsylvania be, and is hereby, chosen Chief Administrative Officer of the House of Representatives; and

That Father Daniel P. Coughlin of the State of Illinois be, and is hereby, chosen Chaplain of the House of Representatives.

When said resolution was considered. Mr. MENENDEZ demanded that the resolution be divided for a separate vote on the nominee for Chaplain of the House.

The resolution was divided.

Father Daniel P. Coughlin of the State of Illinois was elected Chaplain of the House of Representatives.

Mr. MENENDEZ then submitted the following substitute for the remainder of the resolution:

That Jerry Hartz of Iowa be, and is hereby, chosen Clerk of the House of Representatives;

That Dean Aguillen of Texas be, and is hereby, chosen Sergeant at Arms of the House of Representatives; and

That Terri McCullough of California be, and is hereby, chosen Chief Administrative Officer of the House of Representatives.

The SPEAKER. The question is on the amendment offered by the gentleman from New Jersey (Mr. MENENDEZ).

The substitute was not agreed to. The question being put, viva voce, Will the House agree to the remainder of said resolution?

The SPEAKER announced that the yeas had it.

So the remainder of said resolution was agreed to.

Whereupon, Jeffrey J. Trandahl of the State of South Dakota, Clerk; Wilson S. Livingood of the Commonwealth of Virginia, Sergeant at Arms; James M. Eagen, III, of the Commonwealth of Pennsylvania, Chief Administrative Officer and Father Daniel P. Coughlin of the State of Illinois, Chaplain; presented themselves at the bar of the House and took the oath of office prescribed by law.

11.13 NOTIFICATION OF THE SENATE OF ORGANIZATION OF THE HOUSE

Mr. DELAY submitted the following privileged resolution, which was considered and agreed to (H. Res. 2):

Resolved, That the Senate be informed that a quorum of the House of Representatives has assembled; that J. Dennis Hastert, a Representative from the State of Illinois, has been elected Speaker; and Jeffrey J. Trandahl, a citizen of the State of South Dakota, has been elected Clerk of the House of Representatives of the One Hundred Ninth Congress.

¶1.14 COMMITTEE TO NOTIFY THE

PRESIDENT OF THE UNITED STATES OF THE ASSEMBLY OF THE CONGRESS Mr. DELAY submitted the following privileged resolution, which was considered and agreed to (H. Res. 3):

Resolved, That a committee of two Members be appointed by the Speaker on the part of the House of Representatives to join with a committee on the part of the Senate to notify the President of the United States that a quorum of each House has assembled and Congress is ready to receive any communication that he may be pleased to make.

The SPEAKER, pursuant to the foregoing resolution, announced the appointment of Mr. DELAY and Ms. PELOSI as members of the committee on the part of the House to join a like committee on the part of the Senate to

notify the President of the United States that a quorum of each House has been assembled and that the Congress is ready to receive any communication that he may be pleased to make.

11.15 NOTIFICATION TO THE PRESIDENT

OF ELECTION OF CERTAIN OFFICERS Mr. DELAY submitted the following privileged resolution, which was considered and agreed to (H. Res. 4):

Resolved, That the Clerk be instructed to inform the President of the United States that the House of Representatives has elected J. Dennis Hastert, a Representative from the State of Illinois, Speaker; and Jeffrey J. Trandahl, a citizen of the State of South Dakota, Clerk of the House of Representatives of the One Hundred Ninth Congress.

11.16 RULES OF THE HOUSE

Mr. DELAY submitted the following privileged resolution (H. Res. 5):

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

SEC. 2. CHANGES IN STANDING RULES.

(a) COMMITTEE ON HOMELAND SECURITY.— (1) In clause 1 of rule X, insert after paragraph (h) the following new paragraph (and redesignate the succeeding paragraphs accordingly):

"(i) COMMITTEE ON HOMELAND SECURITY. "(1) Overall homeland security policy. "(2) Organization and administration of the Department of Homeland Security. "(3) Functions of the Department of Homeland Security relating to the following: "(A) Border and port security (except immigration policy and non-border enforcement).

"(B) Customs (except customs revenue). "(C) Integration, analysis, and dissemination of homeland security information. "(D) Domestic preparedness for and collective response to terrorism.

"(E) Research and development. "(F) Transportation security.". (2) In clause 1(I) (as redesignated) of rule X

(A) insert after subparagraph (6) the following new subparagraph (and redesignate the succeeding subparagraphs accordingly): "(7) Criminal law enforcement."; and (B) amend subparagraph (9) (as redesignated) to read as follows:

"(9) Immigration policy and non-border enforcement.".

(3) In clause 1(r) (as redesignated) of rule X

(A) in subparagraph (18) insert before the period "(except the Transportation Security Administration)"; and

(B) in subparagraph (20) after "automobile safety" insert "and transportation security functions of the Department of Homeland Security".

(4) In clause 1(t)(1) (as redesignated) of rule X, strike "Customs" and insert "Customs revenue".

(5) In clause 3 of rule X, insert after paragraph (e) the following new paragraph (and redesignate the succeeding paragraphs accordingly):

"(f) The Committee on Homeland Security shall review and study on a continuing basis all Government activities relating to home

land security, including the interaction of all departments and agencies with the Department of Homeland Security.". (6) In clause 10 of rule I, strike "1(i)(1)" and (1)(1) insert "1(j)(1)”.

(7) In clause 1(j)(4) (as redesignated) of rule X, strike "(q)(11)" and insert "(r)(11)".

(8) In clause 1(j)(5) (as redesignated) of rule X, strike "(q)(11)" and insert "(r)(11)".

(9) In clause 9(f) of rule X, strike "1(i)(1)” and insert "1(j)(1)".

(10) In clause 1(c) of rule XI, strike "1(i)(1)” and insert "1(j)(1)".

(11) In clause 4(a)(2)(B) of rule XIII, strike "1(i)(1)" and insert "1(j)(1)”.

(12) In clause 5(a)(3) of rule XIII, strike "1(i)(1)" and insert "1(j)(1)”.

(13) In clause 10 of rule XXIV, strike "1(i)(1)" and insert "1(j)(1)”.

(b) COMMITTEE OVERSIGHT RESPONSIBILITIES.-In clause 2(d)(1) of rule X

(1) in subdivision (C), strike "and";

(2) in subdivision (D), strike the period and insert"; and"; and

(3) add at the end the following new subdivision:

"(E) have a view toward insuring against duplication of Federal programs.".

(C) MEMBERSHIP OF COMMITTEES.— (1) In clause 5(a)(2) of rule X(A) amend subdivisions (A)(ii) and (A)(iii) to read as follows:

"(ii) one Member designated by the elected leadership of the majority party; and

"(iii) one Member designated by the elected leadership of the minority party."; and

(B) amend subdivision (B) by striking "one from the elected leadership of a party" and inserting "one described in subdivision (A)(ii) or (A)(iii)”.

(2) In clause 5(c)(2) of rule X, strike "A member" and insert "Except in the case of the Committee on Rules, a member".

(d) COMMITTEE AUTHORITIES.—

(1) In clause 1 of rule XI, amend paragraph (a) to read as follows:

"(a)(1)(A) The Rules of the House are the rules of its committees and subcommittees so far as applicable.

"(B) Each subcommittee is a part of its committee and is subject to the authority and direction of that committee and to its rules, so far as applicable.

“(2)(A) In a committee or subcommittee"(i) a motion to recess from day to day, or to recess subject to the call of the Chair (within 24 hours), shall be privileged; and

"(ii) a motion to dispense with the first reading (in full) of a bill or resolution shall be privileged if printed copies are available. "(B) A motion accorded privilege under this subparagraph shall be decided without debate.".

(2) In clause 2(a) of rule XI, add at the end the following new subparagraph:

"(3) A committee may adopt a rule providing that the chairman be directed to offer a motion under clause 1 of rule XXII whenever the chairman considers it appropriate.". (e) MOTIONS TO SUSPEND THE RULES.—In clause 1 of rule XV

(1) amend the caption to read: "SUSPENSIONS"; and

(2) in paragraph (a) amend the second sentence to read as follows: "The Speaker may not entertain a motion that the House suspend the rules except on Mondays, Tuesdays, and Wednesdays and during the last six days of a session of Congress.".

(f) REPEAL OF CORRECTIONS CALENDAR.(1) In rule XV, strike clause 6 (and redesignate the succeeding clause accordingly).

(2) In clause 1 of rule XIII, strike paragraph (b) (and redesignate the succeeding paragraph accordingly).

(3) In clause 4(a)(2) of rule XIII, strike subdivision (C) (and redesignate succeeding subdivisions accordingly).

(4) In clause 6(c)(1) of rule XIII, strike "clause 7" and insert "clause 6".

(5) In clause 2(a) of rule XVIII, strike "clause 7" and insert "clause 6".

(6) In clause 8(a)(2) of rule XX

(A) strike subdivisions (E) and (G) (and redesignate succeeding subdivisions accordingly); and

(B) amend subdivision (E) (as redesignated) by striking "(D), or (E)" and inserting "or (D)".

(g) REFERENCES IN DEBATE TO THE SENATE. In clause 1 of rule XVII, amend paragraph (b) to read as follows:

"(b) Remarks in debate (which may include references to the Senate or its Members) shall be confined to the question under debate, avoiding personality.".

(h) PROVISIONAL QUORUM.-In clause 5 of rule XX, redesignate paragraph (c) as paragraph (d) and insert after paragraph (b) the following new paragraph:

"(c) (1) If the House should be without a quorum due to catastrophic circumstances, then

"(A) until there appear in the House a sufficient number of Representatives to constitute a quorum among the whole number of the House, a quorum in the House shall be determined based upon the provisional number of the House; and

"(B) the provisional number of the House, as of the close of the call of the House described in subparagraph (3)(C), shall be the number of Representatives responding to that call of the House.

"(2) If a Representative counted in determining the provisional number of the House thereafter ceases to be a Representative, or if a Representative not counted in determining the provisional number of the House thereafter appears in the House, the provisional number of the House shall be adjusted accordingly.

"(3) For the purposes of subparagraph (1), the House shall be considered to be without a quorum due to catastrophic circumstances if, after a motion under clause 5(a) of rule XX has been disposed of and without intervening adjournment, each of the following occurs in the stated sequence:

"(A) A call of the House (or a series of calls of the House) is closed after aggregating a period in excess of 72 hours (excluding time the House is in recess) without producing a

quorum.

"(B) The Speaker

"(i) with the Majority Leader and the Minority Leader, receives from the Sergeantat-Arms (or his designee) a catastrophic quorum failure report, as described in subparagraph (4);

"(ii) consults with the Majority Leader and the Minority Leader on the content of that report; and

"(iii) announces the content of that report to the House.

"(C) A further call of the House (or a series of calls of the House) is closed after aggregating a period in excess of 24 hours (excluding time the House is in recess) without producing a quorum.

"(4)(A) For purposes of subparagraph (3), a catastrophic quorum failure report is a report advising that the inability of the House to establish a quorum is attributable to catastrophic circumstances involving natural disaster, attack, contagion, or similar calamity rendering Representatives incapable of attending the proceedings of the House.

"(B) Such report shall specify the following:

"(i) The number of vacancies in the House and the names of former Representatives whose seats are vacant.

"(ii) The names of Representatives considered incapacitated.

"(iii) The names of Representatives not incapacitated but otherwise incapable of attending the proceedings of the House.

"(iv) The names of Representatives unaccounted for.

"(C) Such report shall be prepared on the basis of the most authoritative information available after consultation with the Attending Physician to the Congress and the Clerk (or their respective designees) and pertinent public health and law enforcement officials.

"(D) Such report shall be updated every legislative day for the duration of any proceedings under or in reliance on this paragraph. The Speaker shall make such updates available to the House.

"(5) An announcement by the Speaker under subparagraph (3)(B)(iii) shall not be subject to appeal.

"(6) Subparagraph (1) does not apply to a proposal to create a vacancy in the representation from any State in respect of a Representative not incapacitated but otherwise incapable of attending the proceedings of the House.

"(7) For purposes of this paragraph:

"(A) The term 'provisional number of the House' means the number of Representatives upon which a quorum will be computed in the House until Representatives sufficient in number to constitute a quorum among the whole number of the House appear in the House.

"(B) The term 'whole number of the House' means the number of Representatives chosen, sworn, and living whose membership in the House has not been terminated by resignation or by the action of the House.".

(i) POSTPONEMENT OF CERTAIN VOTES.-In clause 8(a)(2) of rule XX, add at the end the following new subdivisions:

"(G) The question of agreeing to a motion to reconsider or the question of agreeing to a motion to lay on the table a motion to reconsider.

"(H) The question of agreeing to an amendment reported from the Committee of the Whole.".

(j) OFFICIAL CONDUCT.

(1) In rule XXIV, amend clause 1 to read as follows:

"1. (a) Except as provided in paragraph (b), a Member, Delegate, or Resident Commissioner may not maintain, or have maintained for his use, an unofficial office account. Funds may not be paid into an unofficial office account.

"(b)(1) Except as provided in subparagraph (2), a Member, Delegate, or Resident Commission may defray official expenses with funds of his principal campaign committee under the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq).

"(2) The funds specified in subparagraph (1) may not be used to defray official expenses for mail or other communications, compensation for services, office space, furniture, or equipment, and any associated information technology services (excluding handheld communications devices).".

(2) In clause 6 of rule XXIII, amend paragraph (c) to read as follows:

"(c) except as provided in clause 1(b) of rule XXIV, may not expend funds from his campaign account that are not attributable to bona fide campaign or political purposes.".

(3) In clause 8 of rule XXIV, strike "60 days" and insert "90 days".

(4) In clause 5(b)(4)(D) of rule XXV, strike "either the spouse or a child of the Member, Delegate, Resident Commissioner, officer, or employee" and insert "a relative of the Member, Delegate, Resident Commissioner, officer, or employee".

(k) PROCEDURES OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT.

(1) DUE PROCESS.-In clause 3 of rule XI— (A) in paragraph (k), add at the end the following new subparagraphs:

"(3) The committee shall adopt rules providing that before a letter described in subparagraph (1)(A) is issued, the committee shall transmit written notification to the

Member, officer, or employee of the House against whom the complaint is made of the right of such person to review the contents of the letter. Such person shall have seven calendar days after receipt of such notification in which either to accept the letter (in which case the committee may issue the letter), to contest the letter by submitting views in writing (which shall be appended to the letter when issued and made part of the record), or to contest the letter by requesting in writing that the committee establish an adjudicatory subcommittee as if the letter constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee and shall not issue the letter).

"(4) The committee shall adopt rules providing that, if a letter described in subparagraph (1)(A) references the official conduct of a Member other than one against whom the complaint is made, the committee shall transmit written notification to such Member of the right of such Member to review the contents of the letter. Such Member shall have seven calendar days after receipt of notification in which either to submit views in writing (which shall be made part of the record and appended to the letter, if issued), or to request in writing that the committee establish an adjudicatory subcommittee as if the letter constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee).";

(B) in paragraph (p), insert after subparagraph (5) the following new subparagraphs (and redesignate succeeding subparagraphs accordingly):

"(6) whenever notification of the committee's decision either to dismiss a complaint or to create an investigative subcommittee is transmitted to a respondent, such respondent shall have seven calendar days after receipt of such notification in which to submit views in writing, which shall be appended to the notification and made part of the record;

"(7) whenever notification of the committee's decision either to dismiss a complaint or to create an investigative subcommittee is transmitted to a respondent and the notification references the official conduct of a Member other than the respondent, the committee also shall send the notification to such Member, who shall have seven calendar days after receipt of such notification in which either to submit views in writing (which shall be appended to the notification and made part of the record), or to request in writing that the committee establish an adjudicatory subcommittee as if the notification constituted an adopted statement of alleged violation (in which case the committee shall establish an adjudicatory subcommittee);"; and

(C) in paragraph (q)—

(i) amend subparagraph (1) to read as follows:

"(1) Whenever an investigative subcommittee does not adopt a statement of alleged violation

"(A) it shall transmit a report to that effect to the respondent, who shall have seven calendar days after receipt of such report to submit views in writing, which shall be appended to the report and made part of the record;

"(B) it shall thereafter transmit the report (together with views received under subparagraph (2), if any) to the committee; and

"(C) the committee may by an affirmative vote of a majority of its members transmit such report to the House;" and

(ii) insert after subparagraph (1) the following new subparagraph (and redesignate succeeding subparagraphs accordingly):

"(2) whenever an investigative subcommittee does not adopt a statement of alleged violation and prepares a report to that

effect, and such report alleges that a Member (other than one who is the subject of the statement of alleged violation) has or may have violated the Code of Official Conduct"(A) the subcommittee shall transmit a copy of the report to such Member; and

"(B) such Member shall have seven calendar days after receipt of the report (after which the report shall be transmitted to the committee and handled in the manner prescribed in subparagraph (1)) to—

"(i) submit views in writing, which shall be appended to the report and made part of the record; or

"(ii) request in writing that the committee establish an adjudicatory subcommittee as if the allegations in the report constituted an adopted statement of alleged violation, in which case the committee shall establish an adjudicatory subcommittee;".

(2) DISMISSAL OF COMPLAINTS.-In clause 3 of rule XI

(A) in paragraph (b), strike the undesignated text following subparagraph (2)(B);

(B) in paragraph (k)(1)(B), insert after "subcommittee" the following: "(unless, at any time during the applicable periods of time under this subparagraph, either the chairman or ranking minority member has placed on the agenda the issue of whether to establish an investigative subcommittee, in which case an investigative subcommittee may be established only by an affirmative vote of a majority of the members of the committee)"; and

(C) in paragraph (k)(2), strike "then they shall establish" and all that follows and insert "and an investigative subcommittee has not been established, then such complaint shall be dismissed.".

(3) CHOICE OF COUNSEL BY RESPONDENTS AND WITNESSES.-In clause 3(p) of rule XI—

(A) amend the caption to read "DUE PROCESS RIGHTS OF RESPONDENTS AND WITNESSES"; (B) amend subparagraph 9 (as redesignated) by striking "and" after the semicolon;

(C) amend subparagraph 10 (as redesignated) by striking the period and inserting a semicolon; and

(D) add at the end the following new subparagraphs:

"(11) a respondent shall be informed of the right to be represented by counsel of his or her choice (even if such counsel represents another respondent or a witness), to be provided at his or her own expense; and

"(12) a witness shall be afforded a reasonable period of time, as determined by the committee or subcommittee, to prepare for an appearance before an investigative subcommittee or for an adjudicatory hearing and to obtain counsel of his or her choice (even if such counsel represents a respondent or another witness).".

(I) TECHNICAL AND CODIFYING CHANGES.(1) In clause 1(s) (as redesignated) of rule X

(A) in subparagraph (6), strike "servicemen" and insert "servicemembers"; and

(B) in subparagraph (7), strike "Soldiers" and sailors" and insert "Servicemembers". (2) In clause 5(b)(2)(B)(iii) of rule X strike "must" and insert "may".

(3) In clause 3(a)(2) of rule XIII, after "clause 4" insert "or clause 6".

(4) In clause 6 (as redesignated) of rule XV

(A) in paragraph (e) strike "rule" and insert "clause"; and

(B) in paragraph (f) strike "for a recess" and insert "that the Speaker be authorized to declare a recess".

(5) In clause 5(b) of rule XX, strike "a majority of those present" and insert "a majority described in paragraph (a)".

(6) In clause 5(d) (as redesignated) of rule XX, strike "or removal" and insert "removal, or swearing".

(7) In the second sentence of clause 2(f) of rule XXI, strike "is not subject" and insert "are not subject".

(8) In clause 7(c) of rule XXII, amend subparagraph (3) to read as follows:

"(3) During the last six days of a session of Congress, a motion under subparagraph (1) shall be privileged after a conference committee has been appointed for 36 hours without making a report and the motion meets the notice requirement in subparagraph (1).".

SEC. 3. SEPARATE ORDERS.

(a) BUDGET MATTERS.

(1) During the One Hundred Ninth 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 Ninth 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 Ninth 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 under section 401 of the Congressional Budget Act of 1974.

(4)(A) During the One Hundred Ninth Congress, until a concurrent resolution on the budget for fiscal year 2005 is adopted by the Congress, the provisions of the conference report to accompany Senate Concurrent Resolution 95 of the One Hundred Eighth Congress shall have force and effect in the House as though the One Hundred Ninth Congress has adopted such conference report.

(B) The allocations of spending authority included in the conference report, as adjusted during the 108th Congress, shall be considered the allocations contemplated by section 302(a) of the Congressional Budget Act of 1974.

(b) CERTAIN SUBCOMMITTEES.-Notwithstanding clause 5(d) of rule X, during the One Hundred Ninth 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 seven subcommittees; and

(3) the Committee on Transportation and Infrastructure may have not more than six subcommittees.

(c) NUMBERING OF BILLS.-In the One Hundred Ninth 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.

Pending consideration of said resolution,

1.17 POINT OF ORDER

Mr. BAIRD made a point of order against consideration of the resolution, and said:

"Mr. Speaker, the resolution we are preparing to consider, the proposed rules for the 109th Congress, in my judgment violates the United States Constitution which we were just sworn to uphold and defend. It does so by allowing a very limited number of Members, potentially only a handful, to constitute the House of Representatives.

"Article 1, section 5 of the Constitution states that 'each House shall be the Judge of the Elections, Returns and Qualifications of its Members, and a majority of each shall constitute a Quorum to do Business' but a small Number adjourn from day to day, and may be authorized to compel the attendance of absent Members.

"Unfortunately, H. Res. 5 seeks to allow a small number not just to adjourn or compel attendance, as the Constitution stipulates, but to enact laws, declare war, impeach the President, and fulfill all other article I responsibilities.

"The very first act of the very first Congress of the United States was to recess day after day after day because they lacked a quorum. Just moments ago everyone in this body took an oath to uphold and defend the Constitution, and now our first official vote is by rule to undermine a fundamental principle of that Constitution, i.e., what is a quorum. It is my understanding that the Speaker is reluctant to judge on matters of constitutionality. I respect that. But I would reserve and inform the Speaker it is my intent to ask the question of consideration to be put.".

Mr. DREIER was recognized to speak to the point of order and said:

"Mr. Speaker, let me respond by saying that the gentleman is absolutely right when he states that the Chair does not rule on questions of constitutionality.

"I would also like to say that on this question that is being brought forward by my friend, it is very clear to me based on statements that have been made by a wide range of constitutional scholars that what we are doing in the rules package that we are about to consider is in fact constitutional. In fact, before the Committee on Rules the very distinguished former Solicitor General Walter Dellinger said the following: 'It is simply inconceivable that a Constitution established to provide for the common defense and promote the general welfare would leave the Nation unable to act in precisely the moment of greatest peril. No constitutional amendment is required to enact the proposed rule change because the Constitution as drafted permits the Congress to ensure the preservation of government'.

"Let me further, Mr. Speaker, say that the Committee on Rules intends to conduct further examination of the best way for the House to assure a continuity of government during a national emergency, and it is our hope that as we proceed with this work that further discussions will take place with the members of that very distinguished panel, the Continuity Commission, which included our former colleague, Senator Simpson, and Speakers Foley and Gingrich and former minority leader Bob Michel, Leon Panetta, Kwasi Mfume, and I believe we will have a chance to proceed with this; but I think it would be very appropriate for us to proceed with consideration of the rules package that we have.".