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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 7, 1997.
    Resolved, That the Rules of the House of Representatives of the One Hundred 
Fourth Congress, including applicable provisions of law or concurrent resolution 
that constituted rules of the House at the end of the One Hundred Fourth 
Congress, are adopted as the Rules of the House of Representatives of the One 
Hundred Fifth Congress, with the following amendments:

SECTION 1. POSTPONEMENT OF CORRECTIONS VOTES.

    In clause 5(b)(1) of rule I, strike subdivisions (E) and (F), and insert in 
lieu thereof the following:
            ``(E) the question of agreeing to a motion to recommit a bill 
        considered pursuant to clause 4 of rule XIII;
            ``(F) the question of ordering the previous question on a question 
        described in subdivision (A), (B), (C), (D), or (E);
            ``(G) the question of agreeing to an amendment to a bill considered 
        pursuant to clause 4 of rule XIII; and
            ``(H) the question of agreeing to a motion to suspend the rules.''.

SEC. 2. OBSOLETE REFERENCES TO ``CONTINGENT FUND''.

    (a) In clause 8 of rule I--
            (1) in the first sentence, strike ``contingent fund of the House'' 
        and insert in lieu thereof ``applicable accounts of the House described 
        in clause 1(h)(1) of rule X''; and
            (2) in the second sentence, strike ``contingent fund'' and insert in 
        lieu thereof ``applicable accounts of the House described in clause 
        1(h)(1) of rule X''.
    (b) In clause 1(c) of rule XI, strike ``contingent fund of the House'' and 
insert in lieu thereof ``applicable accounts of the House described in clause 
1(h)(1) of rule X''.
    (c) In clause 4(a) of rule XI, strike ``contingent fund of the House'' and 
insert in lieu thereof ``applicable accounts of the House described in clause 
1(h)(1) of rule X''.
    (d) In clause 6(f) of rule XI, strike ``contingent fund'' and insert in lieu 
thereof ``applicable accounts of the House described in clause 1(h)(1) of rule 
X''.

SEC. 3. DRUG TESTING IN THE HOUSE.

    In rule I, add the following new clause at the end:
    ``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.''.

SEC. 4. POLICY DIRECTION AND OVERSIGHT OF CHIEF ADMINISTRATIVE OFFICER.

    (a) In clause 1 of rule V, strike ``the Speaker and'' in both places it 
appears.
    (b) In clause 2 of rule V, strike ``the Speaker or''.

SEC. 5. BUDGET JURISDICTION CHANGES.

    (a) In clause 1(d)(3) of rule X (relating to the Committee on the Budget), 
strike ``congressional budget process'' and insert in lieu thereof ``budget 
process''.
    (b) In clause 1(g)(4) of rule X (relating to the Committee on Government 
Reform and Oversight), strike ``Budget and accounting measures, generally'' and 
insert in lieu thereof ``Government management and accounting measures, 
generally''.

SEC. 6. DESIGNATING COMMITTEE ON EDUCATION AND THE WORKFORCE.

    (a) In clause 1(f) of rule X, strike ``Committee on Economic and Educational 
Opportunities'' and insert in lieu thereof ``Committee on Education and the 
Workforce''.
    (b) In clause 3(c) of rule X, strike ``Committee on Economic and Educational 
Opportunities'' and insert in lieu thereof ``Committee on Education and the 
Workforce''.

SEC. 7. REQUIREMENT OF APPROVAL FOR SETTLEMENT OF CERTAIN COMPLAINTS.

    In clause 4(d) of rule X--
            (a) strike ``The Committee'' and insert in lieu thereof ``(1) The 
        Committee'';
            (b) strike ``(1) examining'' and insert in lieu thereof ``(A) 
        examining'';
            (c) strike ``(2) providing'' and insert in lieu thereof ``(B) 
        providing'';
            (d) strike ``(3) accepting'' and insert in lieu thereof ``(C) 
        accepting''; and
            (e) add the following new subparagraph at the end:
    ``(2) An employing office of the House of Representatives may enter a 
settlement of a complaint under the Congressional Accountability Act of 1995 
that provides for the payment of funds only after receiving the joint approval 
of the chairman and the ranking minority party member of the Committee on House 
Oversight concerning the amount of such payment.''.

SEC. 8. SPECIAL AUTHORITIES FOR CERTAIN REPORTS.

    (a) In clause 1(b) of rule XI--
            (1) designate the existing matter as subparagraph (1); and
            (2) add the following new subparagraphs at the end:
    ``(2) A proposed investigative or oversight report shall be considered as 
read in committee if it has been available to the members for at least 24 hours 
(excluding Saturdays, Sundays, or legal holidays except when the House is in 
session on such a day).
    ``(3) A report of an investigation or study conducted jointly by more than 
one committee may be filed jointly, provided that each of the committees 
complies independently with all requirements for approval and filing of the 
report.
    ``(4) After an adjournment of the last regular session of a Congress sine 
die, an investigative or oversight report may be filed with the Clerk at any 
time, provided that if a member gives timely notice of intention to file 
supplemental, minority, or additional views, that member shall be entitled to 
not less than seven calendar days in which to submit such views for inclusion 
with the report.''.
    (b) In clause 1(d) of rule XI, add the following new subparagraph at the 
end:
    ``(4) After an adjournment of the last regular session of a Congress sine 
die, the chairman of a committee may file a report pursuant to subparagraph (1) 
with the Clerk at any time and without approval of the committee, provided that 
a copy of the report has been available to each member of the committee for at 
least seven calendar days and includes any supplemental, minority, or additional 
views submitted by a member of the committee.''.

SEC. 9. COMMITTEE DOCUMENTS ON INTERNET.

    In clause 2(e) of rule XI, add the following new subparagraph at the end:
    ``(4) Each committee shall, to the maximum extent feasible, make its 
publications available in electronic form.''.

SEC. 10. INFORMATION REQUIRED OF PUBLIC WITNESSES.

    In clause 2(g) of rule XI, amend subparagraph (4) to read as follows:
    ``(4) Each committee shall, to the greatest extent practicable, require 
witnesses who appear before it to submit in advance written statements of 
proposed testimony and to limit their initial oral presentations to the 
committee to brief summaries thereof. In the case of a witness appearing in a 
nongovernmental capacity, a written statement of proposed testimony shall 
include a curriculum vitae and a disclosure of the amount and source (by agency 
and program) of any Federal grant (or subgrant thereof) or contract (or 
subcontract thereof) received during the current fiscal year or either of the 
two previous fiscal years by the witness or by an entity represented by the 
witness.''.

SEC. 11. COMMITTEES' SITTINGS.

    In clause 2(i) of rule XI, strike subparagraph (1) and the designation 
``(2)''.

SEC. 12. EXCEPTIONS TO FIVE-MINUTE RULE IN HEARINGS.

    In clause 2(j)(2) of rule XI--
            (a) strike ``Each'' and insert in lieu thereof ``(A) Subject to 
        subdivisions (B) and (C), each''; and
            (b) add the following new subdivisions at the end:
    ``(B) A committee may adopt a rule or motion permitting an equal number of 
its majority and minority party members each to question a witness for a 
specified period not longer than 30 minutes.
    ``(C) A committee may adopt a rule or motion permitting committee staff for 
its majority and minority party members to question a witness for equal 
specified periods.''.

SEC. 13. REPEAL OF INFLATION IMPACT STATEMENT REQUIREMENT; ESTABLISHMENT OF 
              CONSTITUTIONAL AUTHORITY STATEMENT REQUIREMENT.

    In clause 2(l) of rule XI, amend subparagraph (4) to read as follows:
    ``(4) Each report of a committee on a bill or joint resolution of a public 
character shall include a statement citing the specific powers granted to the 
Congress in the Constitution to enact the law proposed by the bill or joint 
resolution.''.

SEC. 14. FILING OF REPORTS AFTER TIME FOR VIEWS.

    In clause 2(l)(5) of rule XI--
            (a) in the first sentence, strike ``three calendar days'' and insert 
        ``two additional calendar days after the day of such notice''; and
            (b) after the second sentence, insert the following new sentence: 
        ``When time guaranteed by this subparagraph has expired (or, if sooner, 
        when all separate views have been received), the committee may arrange 
        to file its report with the Clerk not later than one hour after the 
        expiration of such time.''.

SEC. 15. COMMITTEE RESERVE FUND.

    In clause 5(a) of rule XI, strike ``Any such primary expense resolution'' 
and insert in lieu thereof the following: ``A primary expense resolution may 
include a reserve fund for unanticipated expenses of committees. An amount from 
such a reserve fund may be allocated to a committee only by the approval of the 
Committee on House Oversight. A primary expense resolution''.

SEC. 16. CORRECTIONS CALENDAR CHANGES.

    In clause 4(a) of rule XIII--
            (a) strike ``On'' and insert in lieu thereof ``At any time on'';
            (b) strike ``after the Pledge of Allegiance,''; and
            (c) strike ``the bills in numerical order which have'' and insert in 
        lieu thereof ``any bill that has''.

SEC. 17. DYNAMIC ESTIMATION OF EFFECTS OF MAJOR TAX LEGISLATION.

    In clause 7 of rule XIII, add the following new paragraph at the end:
    ``(e)(1) A report from the Committee on Ways and Means on a bill or joint 
resolution designated by the Majority Leader (after consultation with the 
Minority Leader) as major tax legislation may include a dynamic estimate of the 
changes in Federal revenues expected to result from enactment of the 
legislation. The Joint Committee on Taxation shall render a dynamic estimate of 
such legislation only in response to a timely request from the chairman of the 
Committee on Ways and Means (after consultation with the ranking minority member 
of the committee). A dynamic estimate pursuant to this paragraph may be used 
only for informational purposes.
    ``(2) In this paragraph, `dynamic estimate' means a projection based in any 
part on assumptions concerning probable effects of macroeconomic feedback. A 
dynamic estimate shall include a statement identifying all such assumptions.''.

SEC. 18. APPROPRIATIONS PROCESS CHANGES.

    In clause 2 of rule XXI--
            (a) in paragraph (a), strike ``in any'' and insert in lieu thereof 
        ``in a'';
            (b) amend paragraph (b) to read as follows:
    ``(b) No provision changing existing law shall be reported in a general 
appropriation bill, including a provision making the availability of funds 
contingent on the receipt or possession of information not required by existing 
law for the period of the appropriation, except germane provisions that retrench 
expenditures by the reduction of amounts of money covered by the bill, which may 
include those recommended to the Committee on Appropriations by direction of a 
legislative committee having jurisdiction over the subject matter thereof, and 
except rescissions of appropriations contained in appropriation Acts.'';
            (c) amend paragraph (c) to read as follows:
    ``(c) No amendment to a general appropriation bill shall be in order if 
changing existing law, including an amendment making the availability of funds 
contingent on the receipt or possession of information not required by existing 
law for the period of the appropriation. Except as provided in paragraph (d), no 
amendment shall be in order during consideration of a general appropriation bill 
proposing a limitation not specifically contained or authorized in existing law 
for the period of the limitation.''; and
            (d) in paragraph (d), strike ``and amendments not precluded by 
        paragraphs (a) or (c) of this clause have been considered''.

SEC. 19. CLARIFYING DEFINITION OF INCOME TAX RATE INCREASE.

    (a) In clause 5(c) of rule XXI, add the following new sentence at the end: 
``For purposes of the preceding sentence, the term `Federal income tax rate 
increase' means any amendment to subsection (a), (b), (c), (d), or (e) of 
section 1, or to section 11(b) or 55(b), of the Internal Revenue Code of 1986, 
that imposes a new percentage as a rate of tax and thereby increases the amount 
of tax imposed by any such section.''.
    (b) In clause 5(d) of rule XXI, amend the second sentence to read as 
follows: ``For purposes of the preceding sentence--
            ``(1) the term `Federal income tax rate increase' means any 
        amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to 
        section 11(b) or 55(b), of the Internal Revenue Code of 1986, that 
        imposes a new percentage as a rate of tax and thereby increases the 
        amount of tax imposed by any such section; and
            ``(2) a Federal income tax rate increase is retroactive if it 
        applies to a period beginning prior to the enactment of the 
        provision.''.

SEC. 20. UNFUNDED MANDATE CLARIFICATION.

    In clause 5 of rule XXIII, amend paragraph (c) to read as follows:
    ``(c)(1) In the Committee of the Whole, an amendment proposing only to 
strike an unfunded mandate from the portion of the bill then open to amendment, 
if otherwise in order, may be precluded from consideration only by specific 
terms of a special order of the House.
    ``(2) In this paragraph, `unfunded mandate' means a Federal 
intergovernmental mandate the direct costs of which exceed the threshold 
otherwise specified for a reported bill or joint resolution in section 424(a)(1) 
of the Congressional Budget Act of 1974.''.

SEC. 21. DISCHARGE PETITION CLARIFICATION.

    In clause 3 of rule XXVII--
            (a) strike ``either a special order of business, or'';
            (b) strike ``any public bill or resolution favorably reported'' and 
        insert in lieu thereof ``a public bill or resolution reported'';
            (c) Strike ``Provided'' the first place it appears and insert in 
        lieu thereof the following: ``Provided, That a Member may not file a 
        motion to discharge the Committee on Rules from consideration of a 
        resolution providing for the consideration of more than one public bill 
        or resolution, or admitting or effecting a nongermane amendment to a 
        public bill or resolution: Provided further''.

SEC. 22. PROHIBITING THE DISTRIBUTION OF CAMPAIGN CONTRIBUTIONS IN THE HALL OF 
              THE HOUSE.

    In rule XXXII, add the following new clause at the end:
    ``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.''.

SEC. 23. REPEAL OF OBSOLETE EMPLOYMENT PRACTICES RULE.

    (a) Rule LI (Employment Practices) is repealed.
    (b) Rule LII (Gift Rule) is redesignated as rule LI.

SEC. 24. TECHNICAL AMENDMENTS.

    (a) In clause 5(a) of rule I, insert before the last sentence the following: 
``A recorded vote taken pursuant to this paragraph shall be considered a vote by 
the yeas and nays.''.
    (b) In clause 1(h)(1) of rule X, strike ``House Information Systems'' and 
insert in lieu thereof ``House Information Resources''.
    (c) In clause 2(g)(3) of rule XI, strike ``the House Information Systems'' 
and insert in lieu thereof ``House Information Resources''.
    (d) In clause 2(k)(5)(B) of rule XI--
            (1) strike ``a majority of the members of''; and
            (2) strike ``determine'' and insert ``determines''.
    (e) In clause 2(l)(6) of rule XI, insert after ``concurrent resolution on 
the budget'' the following: ``(except that a Saturday, Sunday, or legal holiday 
on which the House is in session shall not be excluded under such section)''.
    (f) In clause 4(a) of rule XXII, strike ``indorsed'' and insert in lieu 
thereof ``endorsed''.
    (g) In clause 6 of rule XXIII, strike ``after the reporting of the bill by 
the committee but''.
    (h) In clause 4 of rule XLIII--
            (1) strike ``excepted'' and insert in lieu thereof ``except''; and
            (2) strike ``rule LII'' and insert in lieu thereof ``rule LI''.
    (i) In clause 13 of rule XLIII, strike ``by House'' and insert in lieu 
thereof ``by the House''.

SEC. 25. SELECT COMMITTEE ON ETHICS.

    In clause 4(e) of rule X, add the following new subparagraph at the end:
    ``(3) Effective as of noon on January 3, 1997, there is hereby established 
in the One Hundred Fifth Congress a Select Committee on Ethics. Effective as of 
noon on January 3, 1997, each Member who served as a member of the standing 
Committee on Standards of Official Conduct at the expiration of the One Hundred 
Fourth Congress is hereby appointed as a member of the select committee. A 
resignation from the select committee shall be deemed effective upon notice to 
the House. A vacancy on the select committee shall be filled by appointment by 
the Leader of the party concerned. The select committee shall have jurisdiction 
only to resolve the Statement issued by the Investigative Subcommittee of the 
standing Committee on Standards of Official Conduct in the One Hundred Fourth 
Congress relating to the official conduct of Representative Gingrich of Georgia 
and otherwise report to the House on the activities of that investigative 
subcommittee. In the exercise of that jurisdiction, the select committee shall 
possess the same authority as, and shall conduct its proceedings under the same 
rules, terms, and conditions (including extension of the service and authority 
of the staff and of the outside counsel commissioned by the investigative 
subcommittee under the same terms and conditions as in the One Hundred Fourth 
Congress and effective as of noon on January 3, 1997) as those applicable to the 
standing Committee on Standards of Official Conduct in the One Hundred Fourth 
Congress, except that the select committee may file reports in separate volumes 
with the Clerk when the House is not in session and the time otherwise 
guaranteed by clause 2(l)(5) of rule XI for submission of separate views shall 
be computed as two calendar days after the day on which the report is ordered. 
Expenses of the select committee may be paid from applicable accounts of the 
House. The select committee shall cease to exist upon final disposition by the 
House of a report designated by the select committee as its final report on the 
matter, or at the expiration of January 21, 1997, whichever is earlier.''.
            Attest:

                                                                          Clerk.
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