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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Agreed to House (ATH)]

  1st Session
H. RES. 5

Adopting the Rules of the House of Representatives for the One Hundred 
                            Fifth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

Mr. Armey submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION

 
Adopting the Rules of the House of Representatives for the One Hundred 
                            Fifth Congress.

    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.''.
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