Adopting House Rules

Highlights Of House Resolution 5,
Adopting House Rules For The 105th Congress

(As Adopted by the House on January 7, 1997)

Committees could adopt rules or motions to permit designated majority and minority members to question witnesses for more than five-minutes (but not more than 30-minutes per side, per witness), and to permit questioning of witnesses by majority and minority staff on an equal time basis.

Non-governmental witnesses would be required to submit in advance, as part of their written testimony, a curriculum vitae and a disclosure by source and amount of Federal grants and contracts received by them and the organizations they represent for the current and preceding two fiscal years.

The inflation impact statement requirement for committee reports would be repealed and replaced by a required "Constitutional Authority Statement" citing the specific powers granted to Congress on which the legislation is based.

Dynamic scoring estimates could be included in Ways and Means Committee reports on major tax legislation designated by the majority leader, for informational purposes.

Committees would have automatic leave until an hour after midnight on the second day after approving a measure or matter to file their report with the Clerk if notice has been given of intention to file views.

Committees would be authorized to file joint investigative and oversight reports with other committees, and to file properly approved investigative and oversight reports after a Congress has adjourned provided at least 7 calendar days are allowed for the filing of additional and minority views.

Omnibus committee expense resolutions could include a "reserve fund" for unanticipated committee expenses, with specific allocations subject to approval.

Committees would be required to put their publications on the Internet to the maximum extent feasible.

The definition of "income tax rate increases" would be tied to specific tax rates in the IRS Code (or higher new tax rates) for purposes of the three-fifths vote rule on such increases and the prohibition on retroactive tax rate increases.

The distribution of campaign contributions on the House floor and rooms leading thereto (cloak rooms and Speaker's Lobby) would be prohibited.

The Speaker, in consultation with the Minority Leader, would develop through an appropriate House entity a system for drug testing that may include any Member, officer or employee and that is otherwise comparable in scope to the present system for drug testing in the Executive Branch.

The ethics committee of the 104th Congress would be extended through Jan. 21, 1997, as a select committee to complete action on its subcommittee's's report on Rep. Gingrich.

SECTION-BY-SECTION SUMMARY OF H. RES. 5,
ADOPTING HOUSE RULES FOR THE 105TH CONGRESS

(Adopted by the House on January 7, 1997)

Sec. 1. Postponement of Corrections Votes: The Speaker's current authority to postpone votes on final passage of a measure would be extended to any manager's amendment, and any motion to recommit a bill (or any previous question thereon), considered under the Corrections Day process. (Rule I, clause 5(b)(1))

Sec. 2. Obsolete References to "Contingent Fund": Five obsolete references to the House "contingent fund" would be changed to "applicable accounts of the House". (Rule I, clause 8, in two instances; Rule XI, clauses 1(c), 4(a), and 6(f))

Sec. 3. Drug Testing in the House: The Speaker, in consultation with the Minority Leader, shall develop through an appropriate entity of the House a system for drug testing that may include any Member, officer or employee of the House and that is otherwise comparable in scope to the present system for drug testing in the Executive Branch. (Rule 1, clause 13)

Sec. 4. Policy Direction, and Oversight of Chief Administrative Officer: The Speaker's authority over the assignment of functions, policy direction and oversight of the CAO would be eliminated, leaving such authority exclusively with the House Oversight Committee, as it now is with respect to other House officers. (Rule V, clause 1)

Sec. 5. Budget Jurisdiction Changes: The Budget Committee would have jurisdiction over "budget process, generally" (and not just "congressional budget process"). The Committee on Government Reform and Oversight's jurisdiction over "budget and accounting measures, generally," would be changed to "government management and accounting measures, generally. " (Rule X, clauses 1(d)(3) and 1(g)(4))

Sec. 6. Designating Committee on Education and the Workforce. -- The name of the Committee on Economic and Educational Opportunities would be changed to the Committee on Education and the Workforce. (Rule X, clauses 1(f) and 3(c))

Sec. 7. Requirement of Approval for Settlement of Certain Complaints: The provisions of section 2 of H. Res. 401 adopted by the House in the 104th Congress (April 16, 1996) would be extended to the 105th Congress. The provisions require the joint approval of the chairman and ranking minority member of the House Oversight Committee of the amount of a proposed settlement of a complaint under the Congressional Accountability Act before the employing House office can enter a settlement. (Rule X, clause 4(d))

Sec. 8. Special Authorities for Certain Reports: (a) proposed investigative or oversight reports would be considered as read if available to committee members at least 24 hours in advance of their consideration; (b) committees would be authorized to file joint investigative or oversight reports with other committees on matters on which they had conducted joint studies or investigations; (c) committees would be authorized to file investigative or oversight reports after the final adjournment of a second session if they were properly approved and at least 7 calendar days are permitted for filing views; and (d) committee final activity reports could be filed after an adjournment without formal approval if at least 7 calendar days are permitted for filing views. (Rule XI, clauses 1(b) and (d))

Sec. 9. Committee Publications on Internet: Committees would be required, to the maximum extent feasible, to make all committee publications available in electronic form. (Rule XI, clause 2(e))

Sec. 10. Information Required of Public Witnesses -- Each committee shall require, to the greatest extent practicable, witnesses appearing in a non-governmental capacity to include with their advance written testimony a curriculum vitae and disclosure by source and amount of Federal government grants and contracts received by them and any entity they represent for the current and preceding two fiscal years. (Rule XI, clause 2(g))

Sec. 11. Committees' Sittings: The current prohibition on committees sitting while the House is considering legislation under the five-minute rule (except by leave of the House), would be repealed. (Rule XI, clause 2(I))

Sec. 12. Exceptions to Five-Minute Rule in Hearings: Committees would be authorized to adopt a special rule or motion (a) to permit selected majority and minority members (in equal numbers) to take more than 5-minutes in questioning witnesses, but not more than 30 minutes per side, per witness; and (b) to permit the questioning of witnesses by staff provided that staff for the minority is given equal time and opportunity to do so. (Rule XI, clause 2(j)(2))

Sec. 13. Repeal of Inflation Impact Statement Requirement; Establishment of Constitutional Authority Statement Requirement: The current requirement for inflation impact statement in committee reports on bills would be repealed. A new "Constitutional Authority Statement" would be required in committee reports citing the specific powers granted to Congress by the Constitution on which the proposed enactment is based. (Rule XI, clause 2(l)(4))

Sec. 14. Filing of Reports After Time for Views: The period for filing views on reports would be changed from three full days after the day on which a bill or matter is ordered reported to three days counting the day on which the matter is ordered reported. Moreover, a committee would have the automatic right to arrange to have until an hour after midnight on the third day to file its report with the Clerk if intention to file views is announced. (Rule XI, clause 2(l)(5))

Sec. 15. Committee Reserve Fund: Committee primary expense resolutions reported by the House Oversight Committee may include a reserve fund for unanticipated expenses provided that any allocation from such fund to a committee is approved by the House Oversight Committee. (Rule XI, clause 5(a))

Sec. 16. Corrections Calendar Changes: The Corrections Day rule would be amended to permit consideration of Corrections bills at any time on a Corrections Day (as opposed to immediately after the Pledge), and to permit bills to be called up in any order from the Calendar (as opposed to only in the numerical order in which they appear on the Calendar). (Rule XIII, clause 4(a))

Sec. 17. Dynamic Estimation of Effects of Major Tax Legislation: A report by the Ways and Means Committee on major tax legislation (as designated by the majority leader in consultation with the minority leader) may include an estimate of the change in revenues resulting from the enactment of the legislation on the basis of assumptions that estimate the probable dynamic macroeconomic feedback effects of such legislation. The Joint Tax Committee would be required to produce such an estimate if requested by the chairman of the Ways and Means Committee. Such estimates shall be for informational purposes only. (Rule XIII, clause 7)

Sec. 18. Appropriations Process Changes: No provision could be reported in a general appropriations bill, or considered as an amendment thereto, making the availability of funds contingent on the receipt or possession of information not required by existing law except germane provisions that retrench expenditures. The current right of the Majority Leader or a designee to offer the motion to rise and report at the end of the reading of appropriations bills for amendment would be clarified to ensure that the motion could not be preempted by the offering of regular amendments. (Rule XXI, clause 2(a), (b), (c), and (d))

Sec. 19. Clarifying the Definition of Income Tax Rate Increase: The definition of Federal income tax rate increases for purposes of the rules requiring a three-fifths vote on such increases and prohibiting retroactive income tax rate increases would be narrowed to include only increases in existing specific statutory Federal income tax rates in the Internal Revenue Code of 1986 (sec. 1(a)-(e), sec. 11(b), or sec. 55(b)) or adding new income tax rates to the highest of such specific income tax rates. (Rule XXI, clause 5(c) and (d))

Sec. 20. Unfunded Mandate Clarification: The current rule permitting an amendment to strike an unfunded mandate from a bill unless otherwise precluded by a special order of the House would be clarified by specifying that the reference to section 424(a)(1) of the Budget Act is to a "Federal intergovernmental mandate" whose direct costs exceed the threshold amounts specified in that section of the Budget Act. (Rule XXIII, clause 5(c))

Sec. 21. Discharge Petition Clarification: The existing discharge rule would be amended to clarify that petitions may be filed on resolutions from the Rules Committee providing for the consideration of any unreported or any reported measure (not just those reported "favorably"), that such special rules may provide for the consideration of only one measure, and that the special rule may not provide for the consideration of non-germane amendments to such a measure. (Rule XXVII, clause 3)

Sec. 22. Prohibiting the Distribution of Campaign Contributions in the Hall of the House: No Member, officer, or employee of the House could knowingly distribute campaign contributions on the House floor or rooms leading thereto. (Rule XXXII, clause 5)

Sec. 23. Repeal Obsolete Employment Practices Rule: The House "Employment Practices" rule, which has been replaced by the Congressional Accountability Act, would be repealed, and Rule LII (Gift Rule) would be redesignated as rule LI . (Rule LI)

Sec. 24. Technical Amendments: (a) A recorded vote taken pursuant to clause 5(a) of rule I (postponement of certain votes) shall be considered a vote by the yeas and nays; (b) and (c) Obsolete references to the "House Information Systems" would be changed to the "House Information Resources"; (d) The procedures for a committee vote on whether to close an investigatory hearing because testimony might tend to defame, degrade or incriminate any person would be changed to clarify that the hearing would not be closed if a majority of those voting (a committee majority being present) -- instead of a majority of committee members -- determine that the evidence or testimony would not tend to defame, degrade or incriminate any person. (Rule XI, clause 2(k)(5)(B); (e) The layover requirement for budget committee reports on budget resolutions would be conformed to those for other committee reports to the extent that Saturdays, Sundays or legal holidays on which the House is in session would be counted as days of availability of the report. (Rule XI, clause 2(l)(6)); (f) The spelling of "endorsed" would be corrected in rule XXII, clause 4(a); (g) The rule giving special protections to Members who have pre-printed their amendments in the Congressional Record would apply to any measure under consideration and not just to those reported by a committee. (Rule XXIII, clause 6); (h) The word "excepted" would be changed to "except" before "as provided in rule LI (Gift Rule)" in clause 4 of rule XLIII; and (I) the words "by House" would be changed to "by the House" in clause 13 of rule XLIII (relating to the non-disclosure oath or affirmation required for access to classified information).

Sec. 25. Select Committee on Ethics: The Committee on Standards of Official Conduct of the 104th Congress would be re-established in the 105th Congress as a select committee for a period ending on January 21, 1997, for the purpose of completing its work on the report issued by its subcommittee involving the official conduct of Representative Newt Gingrich.


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