IV
105TH CONGRESS
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 Representa-
tives of the One Hundred Fourth Congress, including ap-
plicable provisions of law or concurrent resolution that
constituted rules of the House at the end of the One Hun-
dred Fourth Congress, are adopted as the Rules of the
House of Representatives of the One Hundred Fifth Con-
gress, 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:
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‘‘(E) the question of agreeing to a motion to re-
commit a bill considered pursuant to clause 4 of rule
XIII;
‘‘(F) the question of ordering the previous ques-
tion 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 ‘‘appli-
cable 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 ac-
counts of the House described in clause 1(h)(1) of rule
X’’.
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(c) In clause 4(a) of rule XI, strike ‘‘contingent fund
of the House’’ and insert in lieu thereof ‘‘applicable ac-
counts 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 Rep-
resentatives. The system may provide for the testing of
any Member, officer, or employee of the House, and other-
wise 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 AD-
MINISTRATIVE 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’’.
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SEC. 5. BUDGET JURISDICTION CHANGES.
(a) In clause 1(d)(3) of rule X (relating to the Com-
mittee on the Budget), strike ‘‘congressional budget proc-
ess’’ and insert in lieu thereof ‘‘budget process’’.
(b) In clause 1(g)(4) of rule X (relating to the Com-
mittee 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’’;
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(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 Representa-
tives may enter a settlement of a complaint under the Con-
gressional 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 subpara-
graph (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).
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‘‘(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 independ-
ently 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 supple-
mental, 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, pro-
vided 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 sub-
paragraph at the end:
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‘‘(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 sub-
mit in advance written statements of proposed testimony
and to limit their initial oral presentations to the commit-
tee to brief summaries thereof. In the case of a witness
appearing in a nongovernmental capacity, a written state-
ment of proposed testimony shall include a curriculum
vitae and a disclosure of the amount and source (by agen-
cy and program) of any Federal grant (or subgrant there-
of) 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 wit-
ness.’’.
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—
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(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 permit-
ting 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 permit-
ting committee staff for its majority and minority party
members to question a witness for equal specified peri-
ods.’’.
SEC. 13. REPEAL OF INFLATION IMPACT STATEMENT RE-
QUIREMENT; ESTABLISHMENT OF CONSTITU-
TIONAL AUTHORITY STATEMENT REQUIRE-
MENT.
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—
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(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 follow-
ing 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 follow-
ing: ‘‘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’’.
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SEC. 17. DYNAMIC ESTIMATION OF EFFECTS OF MAJOR TAX
LEGISLATION.
In clause 7 of rule XIII, add the following new para-
graph at the end:
‘‘(e)(1) A report from the Committee on Ways and
Means on a bill or joint resolution designated by the Ma-
jority Leader (after consultation with the Minority Lead-
er) as major tax legislation may include a dynamic esti-
mate 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 legis-
lation only in response to a timely request from the chair-
man of the Committee on Ways and Means (after con-
sultation with the ranking minority member of the com-
mittee). 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 as-
sumptions.’’.
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:
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‘‘(b) No provision changing existing law shall be re-
ported in a general appropriation bill, including a provi-
sion making the availability of funds contingent on the re-
ceipt 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 author-
ized 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’’.
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SEC. 19. CLARIFYING DEFINITION OF INCOME TAX RATE IN-
CREASE.
(a) In clause 5(c) of rule XXI, add the following new
sentence at the end: ‘‘For purposes of the preceding sen-
tence, 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 Rev-
enue Code of 1986, that imposes a new percentage as a
rate of tax and thereby increases the amount of tax im-
posed by any such section.’’.
(b) In clause 5(d) of rule XXI, amend the second sen-
tence to read as follows: ‘‘For purposes of the preceding
sentence—
‘‘(1) the term ‘Federal income tax rate in-
crease’ 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 there-
by increases the amount of tax imposed by any such
section; and
‘‘(2) a Federal income tax rate increase is ret-
roactive 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:
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‘‘(c)(1) In the Committee of the Whole, an amend-
ment proposing only to strike an unfunded mandate from
the portion of the bill then open to amendment, if other-
wise 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 re-
ported 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 favor-
ably 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 res-
olution 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’’.
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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 admis-
sion to the Hall of the House or rooms leading thereto
by this rule, shall knowingly distribute any political cam-
paign contribution in the Hall of the House or rooms lead-
ing 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 sen-
tence 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 Infor-
mation Systems’’ and insert in lieu thereof ‘‘House Infor-
mation Resources’’.
(c) In clause 2(g)(3) of rule XI, strike ‘‘the House
Information Systems’’ and insert in lieu thereof ‘‘House
Information Resources’’.
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(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 ‘‘concur-
rent 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 report-
ing 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 sub-
paragraph 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
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of the standing Committee on Standards of Official Con-
duct at the expiration of the One Hundred Fourth Con-
gress is hereby appointed as a member of the select com-
mittee. 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 Rep-
resentative Gingrich of Georgia and otherwise report to
the House on the activities of that investigative sub-
committee. 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 author-
ity 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 Of-
ficial Conduct in the One Hundred Fourth Congress, ex-
cept that the select committee may file reports in separate
volumes with the Clerk when the House is not in session
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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 commit-
tee 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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