H. Res. 5
In the House of Representatives, U.S.,
January 7, 1997.
Resolved, That the Rules of the House of Representa-
tives of the One Hundred Fourth Congress, including applica-
ble 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 Rep-
resentatives of the One Hundred Fifth Congress, with the fol-
lowing 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 recom-
mit 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
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‘‘(H) the question of agreeing to a motion to sus-
pend 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 ac-
counts 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 Representa-
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tives. 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 ex-
ecutive branch pursuant to Executive Order 12564 (Sept. 15,
1986). The expenses of the system may be paid from applica-
ble accounts of the House for official expenses.’’.
SEC. 4. POLICY DIRECTION AND OVERSIGHT OF CHIEF ADMIN-
ISTRATIVE 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 Commit-
tee 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 Commit-
tee on Government Reform and Oversight), strike ‘‘Budget
and accounting measures, generally’’ and insert in lieu there-
of ‘‘Government management and accounting measures, gen-
erally’’.
SEC. 6. DESIGNATING COMMITTEE ON EDUCATION AND THE
WORKFORCE.
(a) In clause 1(f) of rule X, strike ‘‘Committee on Eco-
nomic and Educational Opportunities’’ and insert in lieu
thereof ‘‘Committee on Education and the Workforce’’.
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(b) In clause 3(c) of rule X, strike ‘‘Committee on Eco-
nomic 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 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—
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(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, Sun-
days, 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, pro-
vided 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 mem-
ber gives timely notice of intention to file supplemental, mi-
nority, 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 sub-
paragraph 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
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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 subpara-
graph at the end:
‘‘(4) Each committee shall, to the maximum extent fea-
sible, 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 prac-
ticable, 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 Fed-
eral 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.’’.
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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 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 periods.’’.
SEC. 13. REPEAL OF INFLATION IMPACT STATEMENT REQUIRE-
MENT; ESTABLISHMENT OF CONSTITUTIONAL AU-
THORITY 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 resolu-
tion 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 following
new sentence: ‘‘When time guaranteed by this subpara-
graph 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 ex-
pense 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’’.
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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 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 enact-
ment of the legislation. The Joint Committee on Taxation
shall render a dynamic estimate of such legislation only in re-
sponse to a timely request from the chairman of the Commit-
tee on Ways and Means (after consultation with the ranking
minority member of the committee). A dynamic estimate pur-
suant to this paragraph may be used only for informational
purposes.
‘‘(2) In this paragraph, ‘dynamic estimate’ means a pro-
jection 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:
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‘‘(b) No provision changing existing law shall be re-
ported 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 appro-
priation 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 specifi-
cally 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’’.
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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 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 sec-
tion.’’.
(b) In clause 5(d) of rule XXI, amend the second sen-
tence to read as follows: ‘‘For purposes of the preceding sen-
tence—
‘‘(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 In-
ternal Revenue Code of 1986, that imposes a new per-
centage 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 retro-
active if it applies to a period beginning prior to the en-
actment 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 amendment
proposing only to strike an unfunded mandate from the por-
tion 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 re-
ported’’ and insert in lieu thereof ‘‘a public bill or resolu-
tion 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 Commit-
tee on Rules from consideration of a resolution providing
for the consideration of more than one public bill or res-
olution, or admitting or effecting a nongermane amend-
ment to a public bill or resolution: Provided further’’.
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SEC. 22. PROHIBITING THE DISTRIBUTION OF CAMPAIGN CON-
TRIBUTIONS 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 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 Informa-
tion Systems’’ and insert in lieu thereof ‘‘House Information
Resources’’.
(c) In clause 2(g)(3) of rule XI, strike ‘‘the House Infor-
mation Systems’’ and insert in lieu thereof ‘‘House Informa-
tion 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’’.
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(e) In clause 2(l)(6) of rule XI, insert after ‘‘concurrent
resolution on the budget’’ the following: ‘‘(except that a Sat-
urday, Sunday, or legal holiday on which the House is in ses-
sion 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 ‘‘ex-
cept’’; 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 subpara-
graph at the end:
‘‘(3) Effective as of noon on January 3, 1997, there is
hereby established in the One Hundred Fifth Congress a Se-
lect Committee on Ethics. Effective as of noon on January
3, 1997, each Member who served as a member of the stand-
ing Committee on Standards of Official Conduct at the expi-
ration of the One Hundred Fourth Congress is hereby ap-
pointed as a member of the select committee. A resignation
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from the select committee shall be deemed effective upon no-
tice to the House. A vacancy on the select committee shall
be filled by appointment by the Leader of the party con-
cerned. The select committee shall have jurisdiction only to
resolve the Statement issued by the Investigative Subcommit-
tee of the standing Committee on Standards of Official Con-
duct in the One Hundred Fourth Congress relating to the of-
ficial conduct of Representative Gingrich of Georgia and oth-
erwise report to the House on the activities of that investiga-
tive subcommittee. In the exercise of that jurisdiction, the se-
lect committee shall possess the same authority as, and shall
conduct its proceedings under the same rules, terms, and con-
ditions (including extension of the service and authority of
the staff and of the outside counsel commissioned by the in-
vestigative subcommittee under the same terms and condi-
tions 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 com-
mittee 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 sep-
arate 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
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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 expira-
tion of January 21, 1997, whichever is earlier.’’.
Attest:
Clerk.