[Congressional Record Volume 141, Number 1 (Wednesday, January 4, 1995)]
[House]
[Page H38]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RULES OF THE HOUSE
Mr. ARMEY. Mr. Speaker, pursuant to the resolution just agreed to, I
call up House Resolution 6 and ask for its immediate consideration.
The Clerk read the title of the resolution.
The text of House Resolution 6 is as follows:
H. Res. 6
Resolved,
TITLE I. CONTRACT WITH AMERICA: A BILL OF ACCOUNTABILITY
Sec. 101. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Committee, Subcommittee, and Staff Reforms
(a) Committee Staff Reductions.--In the One Hundred Fourth
Congress, the total number of staff of House committees shall
be at least one-third less than the corresponding total in
the One Hundred Third Congress.
(b) Subcommittee Reductions.--In clause 6 of rule X, amend
paragraph (d) to read as follows:
``(d) No committee of the House shall have more than five
subcommittees (except the Committee on Appropriations, which
shall have no more than thirteen; the Committee on Government
Reform and Oversight, which shall have no more than seven;
and the Committee on Transportation and Infrastructure, which
shall have no more than six).''.
(c) Consolidated Committee Staff and Biennial Funding.----
(1) In clause 5(a) of rule XI, amend the first sentence to
read as follows: ``Whenever any committee, commission, or
other entity (except the Committee on Appropriations) is to
be granted authorization for the payment of its expenses
(including all staff salaries) for a Congress, such
authorization initially shall be procured by one primary
expense resolution reported by the Committee on House
Oversight.''.
(2)(A) In clause 5(b) of rule XI, amend the first sentence
to read as follows: ``After the date of adoption by the House
of any such primary expense resolution for any such
committee, commission, or other entity for any Congress,
authorization for the payment of additional expenses
(including staff salaries) in that Congress may be procured
by one or more supplemental expense resolutions reported by
the Committee on House Oversight, as necessary.''.
(B) In clause 5(c)(1) of rule XI--
(i) strike ``the contingent fund'' and insert ``committee
salary and expense accounts''; (ii) strike ``any year'' and
insert ``any odd-numbered year''; and
(iii) strike ``for that year'' and insert ``for that
Congress''.
(C) In clause 5(c)(2) of rule XI, strike ``the contingent
fund'' and insert ``committee salary and expense accounts''.
(D) In clause 5(f)(1) of rule XI--
(i) strike ``the contingent fund'' and insert ``committee
salary and expense accounts''; and
(ii) strike ``of each year'' and insert ``in each odd-
numbered year''.
(3)(A) Interim funding rule.--For the purposes of
implementing this section, and notwithstanding the provisions
of clause 5(f) of rule XI, at the beginning of the One
Hundred Fourth Congress, the committees established by this
resolution are authorized, pending the adoption of the
primary expense resolution for the One Hundred Fourth
Congress, to expend such sums as are necessary to pay
compensation for staff services performed for, or to pay
other expenses of, the committee consistent with its planned
reductions in committee staff.
[[Page H24]] (B) Notwithstanding any provision of clause
5(f) of rule XI, payments thereunder during the One Hundred
Fourth Congress may be made only on vouchers signed by a
Member elected as chairman of the committee concerned in the
One Hundred Fourth Congress and approved by the Committee on
House Oversight, or, in the case of late expenses of any
committee from the One Hundred Third Congress not
reestablished by the Rules of the One Hundred Fourth
Congress, on vouchers signed by the chairman of the Committee
on House Oversight.
(4) In clause 5 of rule XI, amend paragraph (d) to read as
follows:
``(d) From the funds made available for the appointment of
committee staff pursuant to any primary or additional expense
resolution, the chairman of each committee shall ensure that
sufficient staff is made available to each subcommittee to
carry out its responsibilities under the rules of the
committee, and that the minority party is fairly treated in
the appointment of such staff.''.
(5)(A) In clause 6(a)(1) of rule XI, amend the first
sentence to read as follows: ``Subject to subparagraph (2)
and paragraph (f), each standing committee may appoint, by
majority vote of the committee, not more than thirty
professional staff members from the funds provided for the
appointment of committee staff pursuant to primary and
additional expense resolutions.''.
(B) In clause 6(a)(2) of rule XI, amend the first sentence
by striking ``six persons'' and inserting ``ten persons (or
one-third of the total professional committee staff appointed
under this clause, whichever is less)''.
(C) In clause 6(a) of rule XI, strike subparagraphs (3)
through (5);
(D) In clause 6 of rule XI, amend paragraph (b) to read as
follows:
``(b)(1) The professional staff members of each standing
committee--
``(A) may not engage in any work other than committee
business during congressional working hours; and
``(B) may not be assigned any duties other than those
pertaining to committee business.
``(2) This paragraph does not apply to any staff designated
by a committee as `associate' or `shared' staff who are not
paid exclusively by the committee, provided that the chairman
certifies that the compensation paid by the committee for any
such employee is commensurate with the work performed for the
committee, in accordance with the provisions of clause 8 of
rule XLIII.
``(3) The use of any `associate' or `shared' staff by any
committee shall be subject to the review of, and to any
terms, conditions, or limitations established by, the
Committee on House Oversight in connection with the reporting
of any primary or additional expense resolution.
``(4) The foregoing provisions of this clause do not apply
to the Committee on Appropriations.''.
(E) In clause 6(c) of rule XI strike ``, clerical and
investigating'' and insert ``and investigative''.
(F) In clause 6(d) of rule XI, strike ``and the Committee
on Budget''.
(G)(i) In clause 6(f) of rule XI, strike ``, or a minority
clerical staff member under paragraph (b),'' and strike ``or
paragraph (b), as applicable''.
(ii) In clause 6(f) of rule XI, strike ``or the clerical
staff, as the case may be,''.
(H) In clause 6(g) of rule XI, strike ``or (b)'' in both
places it appears.
(I) In clause 6 of rule XI, amend paragraph (h) to read as
follows:
``(h) Paragraph (a) shall not be construed to authorize the
appointment of additional professional staff members of a
committee pursuant to a request under such paragraph by the
minority party members of that committee if ten or more
professional staff members provided for in paragraph (a)(1)
who are satisfactory to a majority of the minority party
members, are otherwise assigned to assist the minority party
members.''.
(J) In clause 6(i) of rule XI, strike ``paragraphs (a)(2)
and (b)(2)'' and insert ``paragraph (a)(2)''.
Sec. 102. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Truth-in-Budgeting Baseline Reform
(a) In clause 2(l)(3)(B) of rule XI (relating to cost
estimates in committee reports) insert before the semicolon
the following: ``, except that the estimates with respect to
new budget authority shall include, when practicable, a
comparison of the total estimated funding level for the
relevant program (or programs) to the appropriate levels
under current law''.
(b) In clause 7(a) of rule XIII (relating to required cost
estimates in committee reports)--
(1) strike ``and'' at the end of the subparagraph (1);
(2) strike the period at the end of the paragraph and
insert ``; and''; and
(3) add the following new subparagraph at the end:
``(3) when practicable, a comparison of the total estimated
funding level for the relevant program (or programs) with the
appropriate levels under current law.''.
Sec. 103. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Term Limits for Speaker, Committee and Subcommittee Chairmen
(a) In clause 7 of rule I, insert ``(a)'' after ``7.'' and
add the following new paragraph at the end:
``(b) No person may serve as Speaker for more than four
consecutive Congresses, beginning with the One Hundred Fourth
Congress (disregarding for this purpose any service for less
than a full session in any Congress).''.
(b) In clause 6(c) of rule X, insert after the first
sentence the following: ``No Member may serve as the chairman
of the same standing committee, or as the chairman of the
same subcommittee thereof, for more than three consecutive
Congresses, beginning with the One Hundred Fourth Congress
(disregarding for this purpose any service for less than a
full session in any Congress).''.
Sec. 104. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Proxy Voting Ban
(a) In clause 2 of rule XI, amend paragraph (f) to read as
follows:
``Prohibition against proxy voting
``(f) No vote by any member of any committee or
subcommittee with respect to any measure or matter may be
cast by proxy.''.
(b) In clause 2(e)(1) of rule XI, strike ``and whether by
proxy or in person,'' in the third sentence.
Sec. 105. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Committee Sunshine Rules
(a) In rule clause 2(g)(1) of rule XI--
(1) insert ``, including to radio, television, and still
photography coverage, except as provided by clause 3(f)(2),''
after ``public'' the first place it appears;
(2) insert ``because disclosure of matters to be considered
would endanger national security, would compromise sensitive
law enforcement information, would tend to defame, degrade or
incriminate any person, or otherwise would violate any law or
rule of the House'' after ``public'' the second place it
appears; and
(3) strike ``, or to any meeting that relates solely to
internal budget or personnel matters''.
(b) In clause 2(g)(2) of rule XI--
(1) insert ``, including to radio, television, and still
photography coverage,'' after ``public'' the first place it
appears; and
(2) insert ``, would compromise sensitive law enforcement
information,'' after ``would endanger national security'' in
both places it appears.
(c) In clause 3(d) of rule XI strike ``is a privilege made
available by the House and''.
(d) In clause 3 of rule XI, amend paragraph (e) to read as
follows:
``(e) Whenever a hearing or meeting conducted by any
committee or subcommittee of the House is open to the public,
those proceedings shall be open to coverage by television,
radio, and still photography, except as provided in paragraph
(f)(2). A committee or subcommittee chairman may not limit
the number of television or still cameras to fewer than two
representatives from each medium (except for legitimate space
or safety considerations, in which case pool coverage shall
be authorized).''.
Sec. 106. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendments:
Limitations on Tax Increases
(a) Three-Fifths Vote Required for Tax Increase Measures
and Amendments.--In clause 5 of rule XXI, add the following
new paragraph at the end:
``(c) No bill or joint resolution, amendment, or conference
report carrying a Federal income tax rate increase shall be
considered as passed or agreed to unless so determined by a
vote of not less than three-fifths of the Members voting.''.
(b) Prohibition on Retroactive Tax Increases.--In clause 5
of rule XXI (as amend-
[[Page H25]] ed by (a) above), add the following new
paragraph at the end:
``(d) It shall not be in order to consider any bill, joint
resolution, amendment, or conference report carrying a
retroactive Federal income tax rate increase. For purposes of
this paragraph a Federal income tax rate increase is
retroactive if it applies to a period beginning prior to the
enactment of the provision.''.
Sec. 107. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendment:
Comprehensive House Audit
During the One Hundred Fourth Congress, the Inspector
General, in consultation with the Speaker and the Committee
on House Oversight, shall coordinate, and as needed contract
with independent auditing firms to complete, a comprehensive
audit of House financial records and administrative
operations, and report the results in accordance with rule
VI.
Sec. 108. The Rules of the House of Representatives of the
One Hundred Third Congress, including applicable provisions
of law or concurrent resolution that constituted rules of the
House at the end of the One Hundred Third Congress, together
with such amendments thereto in this resolution as may
otherwise have been adopted, are adopted as the Rules of the
House of Representatives of the One Hundred Fourth Congress,
with the following amendment:
Consideration of the ``Congressional Accountability Act''
It shall be in order at any time after the adoption of this
resolution to consider in the House, any rule of the House to
the contrary notwithstanding, the bill (H.R. 1) to make
certain laws applicable to the legislative branch of the
Federal Government, if offered by the majority leader or a
designee. The bill shall be debatable for not to exceed one
hour, to be equally divided and controlled by the majority
leader and the minority leader or their designees. The
previous question shall be considered as ordered on the bill
to final passage without intervening motion except one motion
to recommit.
TITLE II. GENERAL
Resolved, That the Rules of the House of Representatives of
the One Hundred Third Congress, including applicable
provisions of law or concurrent resolution that constituted
rules of the House at the end of the One Hundred Third
Congress, together with such amendments thereto in this
resolution as may otherwise have been adopted, are adopted as
the Rules of the House of Representatives of the One Hundred
Fourth Congress, with the following amendments:
Administrative Reforms
Sec. 201. (a) Abolition of the Office of Doorkeeper;
Election of Chief Administrative Officer.--In rule II, strike
``Doorkeeper'' each place it appears and insert ``Chief
Administrative Officer'' .
(b) Additional Duties of Clerk.--In rule III (``Duties of
Clerk''), add the following new clauses at the end:
``7. In addition to any other reports required by the
Speaker or the Committee on House Oversight, the Clerk shall
report to the Committee on House Oversight not later than
forty-five days following the close of each semiannual period
ending on June 30 or on December 31 on the financial and
operational status of each function under the jurisdiction of
the Clerk. Each report shall include financial statements, a
description or explanation of current operations, the
implementation of new policies and procedures, and future
plans for each function.
``8. The Clerk shall fully cooperate with the appropriate
offices and persons in the performance of reviews and audits
of financial records and administrative operations.''.
(c) Amend rules IV, V, and VI to read as follows:
``Rule IV.
``Duties of the Sergeant-at-Arms.
``1. It shall be the duty of the Sergeant-at-Arms to attend
the House during its sittings, to maintain order under the
direction of the Speaker or Chairman, and, pending the
election of a Speaker or Speaker pro tempore, under the
direction of the Clerk, execute the commands of the House,
and all processes issued by authority thereof, directed to
him by the Speaker.
``2. The symbol of his office shall be the mace, which
shall be borne by him while enforcing order on the floor.
``3. He shall enforce strictly the rules relating to the
privileges of the Hall and be responsible to the House for
the official conduct of his employees.
``4. He shall allow no person to enter the room over the
Hall of the House during its sittings; and fifteen minutes
before the hour of the meeting of the House each day he shall
see that the floor is cleared of all persons except those
privileged to remain, and kept so until ten minutes after
adjournment.
``5. In addition to any other reports required by the
Speaker or the Committee on House Oversight, the Sergeant-at-
Arms shall report to the Committee on House Oversight not
later than forty-five days following the close of each
semiannual period ending June 30 or on December 31 on the
financial and operational status of each function under the
jurisdiction of the Sergeant-at-Arms. Each report shall
include financial statements, a description or explanation of
current operations, the implementation of new policies and
procedures, and future plans for each function.
``6. The Sergeant-at-Arms shall fully cooperate with the
appropriate offices and persons in the performance of reviews
and audits of financial records and administrative
operations.''.
``Rule V.
``Chief Administrative Officer.
``1. The Chief Administrative Officer of the House shall
have operational and financial responsibility for functions
as assigned by the Speaker and the Committee on House
Oversight, and shall be subject to the policy direction and
oversight of the Speaker and the Committee on House
Oversight.
``2. In addition to any other reports required by the
Speaker or the Committee on House Oversight, the Chief shall
report to the Committee on House Oversight not later than
forty-five days following the close of each semiannual period
ending on June 30 or December 31 on the financial and
operational status of each function under the jurisdiction of
the Chief. Each report shall include financial statements, a
description or explanation of current operations, the
implementation of new policies and procedures, and future
plans for each function.
``3. The Chief shall fully cooperate with the appropriate
offices and persons in the performance of reviews and audits
of financial records and administrative operations.
``Rule VI.
``Office of Inspector General.
``1. There is established an Office of Inspector General.
``2. The Inspector General shall be appointed for a
Congress by the Speaker, the majority leader, and the
minority leader, acting jointly.
``3. Subject to the policy direction and oversight of the
Committee on House Oversight, the Inspector General shall be
responsible only for--
``(a) conducting periodic audits of the financial and
administrative functions of the House and joint entities;
``(b) informing the Officers or other officials who are the
subject of an audit of the results of that audit and
suggesting appropriate curative actions;
``(c) simultaneously notifying the Speaker, the majority
leader, the minority leader, and the chairman and ranking
minority party member of the Committee on House Oversight in
the case of any financial irregularity discovered in the
course of carrying out responsibilities under this rule;
``(d) simultaneously submitting to the Speaker, the
majority leader, and the chairman and ranking minority party
member of the Committee on House Oversight a report of each
audit conducted under this rule; and
``(e) reporting to the Committee on Standards of Official
Conduct information involving possible violations by any
Member, officer, or employee of the House of any rule of the
House or of any law applicable to the performance of official
duties or the discharge of official responsibilities which
may require referral to the appropriate Federal or State
authorities pursuant to clause 4(e)(1)(C) of rule X.''.
(d) In clause 3 of rule X, strike paragraph (j).
(e) In clause 4(d) of rule X--
(1) strike ``Committee on House Administration'' and insert
``Committee on House Oversight'';
(2) strike subparagraphs (2) and (3), insert ``and'' after
``House;'' in subparagraph (1), redesignate paragraph (4) as
paragraph (2), and amend paragraph (2), as so redesignated,
to read as follows:
``(2) providing policy direction for, and oversight of, the
Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
Inspector General.''.
(f) In clause 7 of rule XIV, strike ``Sergeant-at-Arms and
Doorkeeper are'' and insert ``Sergeant-at-Arms is''.
Changes in Committee System
Sec. 202. (a) The Committees and Their Jurisdiction.--
Clause 1 of rule X of the Rules of the House of
Representatives is amended to read as follows:
``1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned to it by this clause and clauses
2, 3, and 4; and all bills, resolutions, and other matters
relating to subjects within the jurisdiction of any standing
committee as listed in this clause shall (in accordance with
and subject to clause 5) be referred to such committees, as
follows:
``(a) Committee on Agriculture.
``(1) Adulteration of seeds, insect pests, and protection
of birds and animals in forest reserves.
``(2) Agriculture generally.
``(3) Agricultural and industrial chemistry.
``(4) Agricultural colleges and experiment stations.
``(5) Agricultural economics and research.
``(6) Agricultural education extension services.
``(7) Agricultural production and marketing and
stabilization of prices of agricultural products, and
commodities (not including distribution outside of the United
States).
``(8) Animal industry and diseases of animals.
[[Page H26]] ``(9) Commodities exchanges.
``(10) Crop insurance and soil conservation.
``(11) Dairy industry.
``(12) Entomology and plant quarantine.
``(13) Extension of farm credit and farm security.
``(14) Inspection of livestock, and poultry, and meat
products, and seafood and seafood products.
``(15) Forestry in general, and forest reserves other than
those created from the public domain.
``(16) Human nutrition and home economics.
``(17) Plant industry, soils, and agricultural engineering.
``(18) Rural electrification.
``(19) Rural development.
``(20) Water conservation related to activities of the
Department of Agriculture.
``(b) Committee on Appropriations.
``(1) Appropriation of the revenue for the support of the
Government.
``(2) Rescissions of appropriations contained in
appropriation Acts.
``(3) Transfers of unexpended balances.
``(4) The amount of new spending authority (as described in
the Congressional Budget Act of 1974) which is to be
effective for a fiscal year, including bills and resolutions
(reported by other committees) which provide new spending
authority and are referred to the committee under clause
4(a).
The committee shall include separate headings for
`Rescissions' and `Transfers of Unexpended Balances' in any
bill or resolution as reported from the committee under its
jurisdiction specified in subparagraph (2) or (3), with all
proposed rescissions and proposed transfers listed therein;
and shall include a separate section with respect to such
rescissions or transfers in the accompanying committee
report. In addition to its jurisdiction under the preceding
provisions of this paragraph, the committee shall have the
fiscal oversight function provided for in clause 2(b)(3) and
the budget hearing function provided for in clause 4(a).
``(c) Committee on Banking and Financial Services.
``(1) Banks and banking, including deposit insurance and
Federal monetary policy.
``(2) Bank capital markets activities generally.
``(3) Depository institution securities activities
generally, including the activities of any affiliates, except
for functional regulation under applicable securities laws,
not involving safety and soundness.
``(4) Economic stabilization, defense production,
renegotiation, and control of the price of commodities,
rents, and services.
``(5) Financial aid to commerce and industry (other than
transportation).
``(6) International finance.
``(7) International financial and monetary organizations.
``(8) Money and credit, including currency and the issuance
of notes and redemption thereof; gold and silver, including
the coinage thereof; valuation and revaluation of the dollar.
``(9) Public and private housing.
``(10) Urban development.
``(d)(1) Committee on the Budget, consisting of the
following Members:
``(A) Members who are members of other standing committees,
including five Members who are members of the Committee on
Appropriations, and five Members who are members of the
Committee on Ways and Means;
``(B) one Member from the leadership of the majority party;
and
``(C) one Member from the leadership of the minority party.
No Member other than a representative from the leadership of
a party may serve as a member of the Committee on the Budget
during more than four Congresses in any period of six
successive Congresses (disregarding for this purpose any
service performed as a member of such committee for less than
a full session in any Congress), except that an incumbent
chairman or ranking minority member having served on the
committee for four Congresses and having served as chairman
or ranking minority member of the committee for not more than
one Congress shall be eligible for reelection to the
committee as chairman or ranking minority member for one
additional Congress.
``(2) All concurrent resolutions on the budget (as defined
in section 3 of the Congressional Budget Act of 1974), other
matters required to be referred to the committee under titles
III and IV of that Act, and other measures setting forth
appropriate levels of budget totals for the United States
Government.
``(3) Measures relating to the congressional budget
process, generally.
``(4) Measures relating to the establishment, extension,
and enforcement of special controls over the Federal budget,
including the budgetary treatment of off-budget Federal
agencies and measures providing exemption from reduction
under any order issued under part C of the Balanced Budget
and Emergency Deficit Control Act of 1985.
``(5) The committee shall have the duty--
``(A) to report the matters required to be reported by it
under titles III and IV of the Congressional Budget Act of
1974;
``(B) to make continuing studies of the effect on budget
outlays of relevant existing and proposed legislation and to
report the results of such studies to the House on a
recurring basis;
``(C) to request and evaluate continuing studies of tax
expenditures; to devise methods of coordinating tax
expenditures, policies, and programs with direct budget
outlays, and to report the results of such studies to the
House on a recurring basis; and
``(D) to review, on a continuing basis, the conduct by the
Congressional Budget Office of its functions and duties.
``(e) Committee on Commerce.
``(1) Biomedical research and development.
``(2) Consumer affairs and consumer protection.
``(3) Health and health facilities, except health care
supported by payroll deductions.
``(4) Interstate energy compacts.
``(5) Interstate and foreign commerce generally.
``(6) Measures relating to the exploration, production,
storage, supply, marketing, pricing, and regulation of energy
resources, including all fossil fuels, solar energy, and
other unconventional or renewable energy resources.
``(7) Measures relating to the conservation of energy
resources.
``(8) Measures relating to energy information generally.
``(9) Measures relating to (A) the generation and marketing
of power (except by federally chartered or Federal regional
power marketing authorities), (B) the reliability and
interstate transmission of, and ratemaking for, all power,
and (C) the siting of generation facilities; except the
installation of interconnections between Government
waterpower projects.
``(10) Measures relating to general management of the
Department of Energy, and the management and all functions of
the Federal Energy Regulatory Commission.
``(11) National energy policy generally.
``(12) Public health and quarantine.
``(13) Regulation of the domestic nuclear energy industry,
including regulation of research and development reactors and
nuclear regulatory research.
``(14) Regulation of interstate and foreign communications.
``(15) Securities and exchanges.
``(16) Travel and tourism.
The committee shall have the same jurisdiction with respect
to regulation of nuclear facilities and of use of nuclear
energy as it has with respect to regulation of nonnuclear
facilities and of use of nonnuclear energy. In addition to
its legislative jurisdiction under the preceding provisions
of this paragraph (and its general oversight functions under
clause 2(b)(1)), such committee shall have the special
oversight functions provided for in clause (3)(h) with
respect to all laws, programs, and Government activities
affecting nuclear and other energy, and nonmilitary nuclear
energy and research and development including the disposal of
nuclear waste.
``(f) Committee on Economic and Educational Opportunities.
``(1) Child labor.
``(2) Columbia Institution for the Deaf, Dumb, and Blind;
Howard University; Freedmen's Hospital.
``(3) Convict labor and the entry of goods made by convicts
into interstate commerce.
``(4) Food programs for children in schools.
``(5) Labor standards and statistics.
``(6) Measures relating to education or labor generally.
``(7) Mediation and arbitration of labor disputes.
``(8) Regulation or prevention of importation of foreign
laborers under contract.
``(9) United States Employees' Compensation Commission.
``(10) Vocational rehabilitation.
``(11) Wages and hours of labor.
``(12) Welfare of miners.
``(13) Work incentive programs.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight function provided for in clause
3(c) with respect to domestic educational programs and
institutions, and programs of student assistance, which are
within the jurisdiction of other committees.
``(g) Committee on Government Reform and Oversight.
``(1) The Federal Civil Service, including
intergovernmental personnel; the status of officers and
employees of the United States, including their compensation,
classification, and retirement.
``(2) Measures relating to the municipal affairs of the
District of Columbia in general, other than appropriations.
``(3) Federal paperwork reduction.
``(4) Budget and accounting measures, generally.
``(5) Holidays and celebrations.
``(6) The overall economy, efficiency and management of
government operations and activities, including Federal
procurement.
``(7) National archives.
``(8) Population and demography generally, including the
Census.
``(9) Postal service generally, including the
transportation of the mails.
``(10) Public information and records.
``(11) Relationship of the Federal Government to the States
and municipalities generally.
``(12) Reorganizations in the executive branch of the
Government.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its oversight
functions under clause 2(b) (1) and (2)), the committee shall
have the function of performing the duties and conducting the
studies which are provided for in clause 4(c).
``(h) Committee on House Oversight.
``(1) Appropriations from accounts for committee salaries
and expenses (except for the
[[Page H27]] Committee on Appropriations), House Information
Systems, and allowances and expenses of Members, House
officers and administrative offices of the House.
``(2) Auditing and settling of all accounts described in
subparagraph (1).
``(3) Employment of persons by the House, including clerks
for Members and committees, and reporters of debates.
``(4) Except as provided in clause 1(q)(11), matters
relating to the Library of Congress and the House Library;
statuary and pictures; acceptance or purchase of works of art
for the Capitol; the Botanic Gardens; management of the
Library of Congress; purchase of books and manuscripts.
``(5) Except as provided in clause 1(q)(11), matters
relating to the Smithsonian Institution and the incorporation
of similar institutions.
``(6) Expenditure of accounts described in subparagraph
(1).
``(7) Franking Commission.
``(8) Matters relating to printing and correction of the
Congressional Record.
``(9) Measures relating to accounts of the House generally.
``(10) Measures relating to assignment of office space for
Members and committees.
``(11) Measures relating to the disposition of useless
executive papers.
``(12) Measures relating to the election of the President,
Vice President, or Members of Congress; corrupt practices;
contested elections; credentials and qualifications; and
Federal elections generally.
``(13) Measures relating to services to the House,
including the House Restaurant, parking facilities and
administration of the House office buildings and of the House
wing of the Capitol.
``(14) Measures relating to the travel of Members of the
House.
``(15) Measures relating to the raising, reporting and use
of campaign contributions for candidates for office of
Representative in the House of Representatives, of Delegate,
and of Resident Commissioner to the United States from Puerto
Rico.
``(16) Measures relating to the compensation, retirement
and other benefits of the Members, officers, and employees of
the Congress.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the function of performing the duties which are provided
for in clause 4(d).
``(i) Committee on International Relations.
``(1) Relations of the United States with foreign nations
generally.
``(2) Acquisition of land and buildings for embassies and
legations in foreign countries.
``(3) Establishment of boundary lines between the United
States and foreign nations.
``(4) Export controls, including nonproliferation of
nuclear technology and nuclear hardware.
``(5) Foreign loans.
``(6) International commodity agreements (other than those
involving sugar), including all agreements for cooperation in
the export of nuclear technology and nuclear hardware.
``(7) International conferences and congresses.
``(8) International education.
``(9) Intervention abroad and declarations of war.
``(10) Measures relating to the diplomatic service.
``(11) Measures to foster commercial intercourse with
foreign nations and to safeguard American business interests
abroad.
``(12) Measures relating to international economic policy.
``(13) Neutrality.
``(14) Protection of American citizens abroad and
expatriation.
``(15) The American National Red Cross.
``(16) Trading with the enemy.
``(17) United Nations organizations.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight functions provided for in clause
3(d) with respect to customs administration, intelligence
activities relating to foreign policy, international
financial and monetary organizations, and international
fishing agreements.
``(j) Committee on the Judiciary.
``(1) The judiciary and judicial proceedings, civil and
criminal.
``(2) Administrative practice and procedure.
``(3) Apportionment of Representatives.
``(4) Bankruptcy, mutiny, espionage, and counterfeiting.
``(5) Civil liberties.
``(6) Constitutional amendments.
``(7) Federal courts and judges, and local courts in the
Territories and possessions.
``(8) Immigration and naturalization.
``(9) Interstate compacts, generally.
``(10) Measures relating to claims against the United
States.
``(11) Meetings of Congress, attendance of Members and
their acceptance of incompatible offices.
``(12) National penitentiaries.
``(13) Patents, the Patent Office, copyrights, and
trademarks.
``(14) Presidential succession.
``(15) Protection of trade and commerce against unlawful
restraints and monopolies.
``(16) Revision and codification of the Statutes of the
United States.
``(17) State and territorial boundaries.
``(18) Subversive activities affecting the internal
security of the United States.
``(k) Committee on National Security.
``(1) Ammunition depots; forts; arsenals; Army, Navy, and
Air Force reservations and establishments.
``(2) Common defense generally.
``(3) Conservation, development, and use of naval petroleum
and oil shale reserves.
``(4) The Department of Defense generally, including the
Departments of the Army, Navy, and Air Force generally.
``(5) Interoceanic canals generally, including measures
relating to the maintenance, operation, and administration of
interoceanic canals.
``(6) Merchant Marine Academy, and State Maritime
Academies.
``(7) Military applications of nuclear energy.
``(8) Tactical intelligence and intelligence related
activities of the Department of the Defense.
``(9) National security aspects of merchant marine,
including financial assistance for the construction and
operation of vessels, the maintenance of the U.S.
shipbuilding and ship repair industrial base, cabotage, cargo
preference and merchant marine officers and seamen as these
matters relate to the national security.
``(10) Pay, promotion, retirement, and other benefits and
privileges of members of the armed forces.
``(11) Scientific research and development in support of
the armed services.
``(12) Selective service.
``(13) Size and composition of the Army, Navy, Marine
Corps, and Air Force.
``(14) Soldiers' and sailors' homes.
``(15) Strategic and critical materials necessary for the
common defense.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight function provided for in clause
3(a) with respect to international arms control and
disarmament, and military dependents education.
``(l) Committee on Resources.
``(1) Fisheries and wildlife, including research,
restoration, refuges, and conservation.
``(2) Forest reserves and national parks created from the
public domain.
``(3) Forfeiture of land grants and alien ownership,
including alien ownership of mineral lands.
``(4) Geological Survey.
``(5) International fishing agreements.
``(6) Interstate compacts relating to apportionment of
waters for irrigation purposes.
``(7) Irrigation and reclamation, including water supply
for reclamation projects, and easements of public lands for
irrigation projects, and acquisition of private lands when
necessary to complete irrigation projects.
``(8) Measures relating to the care and management of
Indians, including the care and allotment of Indian lands and
general and special measures relating to claims which are
paid out of Indian funds.
``(9) Measures relating generally to the insular
possessions of the United States, except those affecting the
revenue and appropriations.
``(10) Military parks and battlefields, national cemeteries
administered by the Secretary of the Interior, parks within
the District of Columbia, and the erection of monuments to
the memory of individuals.
``(11) Mineral land laws and claims and entries thereunder.
``(12) Mineral resources of the public lands.
``(13) Mining interests generally.
``(14) Mining schools and experimental stations.
``(15) Marine affairs (including coastal zone management),
except for measures relating to oil and other pollution of
navigable waters.
``(16) Oceanography.
``(17) Petroleum conservation on the public lands and
conservation of the radium supply in the United States.
``(18) Preservation of prehistoric ruins and objects of
interest on the public domain.
``(19) Public lands generally, including entry, easements,
and grazing thereon.
``(20) Relations of the United States with the Indians and
the Indian tribes.
``(21) Trans-Alaska Oil Pipeline.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight functions provided for in clause
3(e) with respect to all programs affecting Indians.
``(m) Committee on Rules.
``(1) The rules and joint rules (other than rules or joint
rules relating to the Code of Official Conduct), and order of
business of the House.
``(2) Recesses and final adjournments of Congress.
The Committee on Rules is authorized to sit and act whether
or not the House is in session.
``(n) Committee on Science.
``(1) All energy research, development, and demonstration,
and projects therefor, and all federally owned or operated
nonmilitary energy laboratories.
``(2) Astronautical research and development, including
resources, personnel, equipment, and facilities.
``(3) Civil aviation research and development.
``(4) Environmental research and development.
[[Page H28]] ``(5) Marine research.
``(6) Measures relating to the commercial application of
energy technology.
``(7) National Institute of Standards and Technology,
standardization of weights and measures and the metric
system.
``(8) National Aeronautics and Space Administration.
``(9) National Space Council.
``(10) National Science Foundation.
``(11) National Weather Service.
``(12) Outer space, including exploration and control
thereof.
``(13) Science Scholarships.
``(14) Scientific research, development, and demonstration,
and projects therefor.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight function provided for in clause
3(f) with respect to all nonmilitary research and
development.
``(o) Committee on Small Business.
``(1) Assistance to and protection of small business,
including financial aid, regulatory flexibility and paperwork
reduction.
``(2) Participation of small-business enterprises in
Federal procurement and Government contracts.
In addition to its legislative jurisdiction under the
preceding provisions of this paragraph and (its general
oversight function under clause 2(b)(1)), the committee shall
have the special oversight function provided for in clause
3(g) with respect to the problems of small business.
``(p) Committee on Standards of Official Conduct.
``(1) Measures relating to the Code of Official Conduct.
In addition to its legislative jurisdiction under the
preceding provision of this paragraph (and its general
oversight function under clause 2(b)(1)), the committee shall
have the functions with respect to recommendations, studies,
investigations, and reports which are provided for in clause
4(e), and the functions designated in titles I and V of the
Ethics in Government Act of 1978 and sections 7342, 7351, and
7353 of title 5, United States Code.
``(q) Committee on Transportation and Infrastructure.
``(1) Coast Guard, including lifesaving service,
lighthouses, lightships, ocean derelicts, and the Coast Guard
Academy.
``(2) Federal management of emergencies and natural
disasters.
``(3) Flood control and improvement of rivers and harbors.
``(4) Inland waterways.
``(5) Inspection of merchant marine vessels, lights and
signals, lifesaving equipment, and fire protection on such
vessels.
``(6) Navigation and the laws relating thereto, including
pilotage.
``(7) Registering and licensing of vessels and small boats.
``(8) Rules and international arrangements to prevent
collisions at sea.
``(9) Measures relating to the Capitol Building and the
Senate and House office buildings.
``(10) Measures relating to the construction or maintenance
of roads and post roads, other than appropriations therefor;
but it shall not be in order for any bill providing general
legislation in relation to roads to contain any provision for
any specific road, nor for any bill in relation to
a specific road to embrace a provision in relation to any
other specific road.
``(11) Measures relating to the construction or
reconstruction, maintenance, and care of the buildings and
grounds of the Botanic Gardens, the Library of Congress, and
the Smithsonian Institution.
``(12) Measures relating to merchant marine, except for
national security aspects of merchant marine.
``(13) Measures relating to the purchase of sites and
construction of post offices, customhouses, Federal
courthouses, and Government buildings within the District of
Columbia.
``(14) Oil and other pollution of navigable waters,
including inland, coastal, and ocean waters.
``(15) Marine affairs (including coastal zone management)
as they relate to oil and other pollution of navigable
waters.
``(16) Public buildings and occupied or improved grounds of
the United States generally.
``(17) Public works for the benefit of navigation,
including bridges and dams (other than international bridges
and dams).
``(18) Related transportation regulatory agencies.
``(19) Roads and the safety thereof.
``(20) Transportation, including civil aviation, railroads,
water transportation, transportation safety (except
automobile safety), transportation infrastructure,
transportation labor, and railroad retirement and
unemployment (except revenue measures related thereto).
``(21) Water power.
``(r) Committee on Veterans' Affairs.
``(1) Veterans' measures generally.
``(2) Cemeteries of the United States in which veterans of
any war or conflict are or may be buried, whether in the
United States or abroad, except cemeteries administered by
the Secretary of the Interior.
``(3) Compensation, vocational rehabilitation, and
education of veterans.
``(4) Life insurance issued by the Government on account of
service in the Armed Forces.
``(5) Pensions of all the wars of the United States,
general and special.
``(6) Readjustment of servicemen to civil life.
``(7) Soldiers' and sailors' civil relief.
``(8) Veterans' hospitals, medical care, and treatment of
veterans.
``(s) Committee on Ways and Means.
``(1) Customs, collection districts, and ports of entry and
delivery.
``(2) Reciprocal trade agreements.
``(3) Revenue measures generally.
``(4) Revenue measures relating to the insular possessions.
``(5) The bonded debt of the United States (subject to the
last sentence of clause 4(g) of this rule).
``(6) The deposit of public moneys.
``(7) Transportation of dutiable goods.
``(8) Tax exempt foundations and charitable trusts.
``(9) National social security, except (A) health care and
facilities programs that are supported from general revenues
as opposed to payroll deductions and (B) work incentive
programs.''.
(b) Any reference in the rules of the House at the end of
the One Hundred Third Congress to the following standing
committees of the House: the Committee on Armed Services; the
Committee on the District of Columbia; the Committee on
Education and Labor; the Committee on Energy and Commerce;
the Committee on Foreign Affairs; the Committee on Government
Operations; the Committee on House Administration; the
Committee on Natural Resources; and the Committee on Science,
Space and Technology; shall be amended to be a reference to
the following standing committees of the House, respectively:
the Committee on National Security; the Committee on
Government Reform and Oversight; the Committee on Economic
and Educational Opportunities; the Committee on Commerce; the
Committee on International Relations; the Committee on
Government Reform and Oversight; the Committee on House
Oversight; the Committee on Resources; and the Committee on
Science.
(c) The chairman of the Committee on the Budget, when
elected, may revise (within the appropriate levels
established in House Concurrent Resolution 218 of the One
Hundred Third Congress) allocations of budget outlays, new
budget authority, and entitlement authority among committees
of the House in the One Hundred Fourth Congress to reflect
changes in jurisdiction under clause 1 of rule X. He shall
publish the revised allocations in the Congressional Record.
Once published, the revised allocations shall be effective in
the House as though made pursuant to sections 302(a) and
602(a) of the Congressional Budget Act of 1974.
(d) In clause 8 of rule XXIV, strike ``the Committee on the
District of Columbia'' through the end of the sentence and
insert: ``the Committee on Government Reform and Oversight,
be set apart for the consideration of such business relating
to the District of Columbia as may be presented by said
committee.''.
Oversight Reform
Sec. 203. (a) In clause 2 of rule X, add the following new
paragraphs at the end:
``(d)(1) Not later than February 15 of the first session of
a Congress, each standing committee of the House shall, in a
meeting that is open to the public and with a quorum present,
adopt its oversight plans for that Congress. Such plans shall
be submitted simultaneously to the Committee on Government
Reform and Oversight and to the Committee on House Oversight.
In developing such plans each committee shall, to the maximum
extent feasible--
``(A) consult with other committees of the House that have
jurisdiction over the same or related laws, programs, or
agencies within its jurisdiction, with the objective of
ensuring that such laws, programs, or agencies are reviewed
in the same Congress and that there is a maximum of
coordination between such committees in the conduct of such
reviews; and such plans shall include an explanation of what
steps have been and will be taken to ensure such coordination
and cooperation;
``(B) give priority consideration to including in its plans
the review of those laws, programs, or agencies operating
under permanent budget authority or permanent statutory
authority; and
``(C) have a view toward ensuring that all significant
laws, programs, or agencies within its jurisdictions are
subject to review at least once every ten years.
``(2) It shall not be in order to consider any committee
expense resolution (within the meaning of clause 5 of rule
XI), or any amendment thereto, for any committee that has not
submitted its oversight plans as required by this paragraph.
``(3) Not later than March 31 in the first session of a
Congress, after consultation with the Speaker, the majority
leader, and the minority leader, the Committee on Government
Reform and Oversight shall report to the House the oversight
plans submitted by each committee together with any
recommendations that it, or the House leadership group
referred to above, may make to ensure the most effective
coordination of such plans and otherwise achieve the
objectives of this clause.
``(e) The Speaker, with the approval of the House, may
appoint special ad hoc oversight committees for the purpose
of reviewing specific matters within the jurisdiction of two
or more standing committees.''.
[[Page H29]] (b) In clause 1 of rule XI, amend paragraph
(d) to read as follows:
``(d)(1) Each committee shall submit to the House not later
than January 2 of each odd-numbered year, a report on the
activities of that committee under this rule and rule X
during the Congress ending on January 3 of such year.
``(2) Such report shall include separate sections
summarizing the legislative and oversight activities of that
committee during that Congress.
``(3) The oversight section of such report shall include a
summary of the oversight plans submitted by the committee
pursuant to clause 2(d) of rule X, a summary of the actions
taken and recommendations made with respect to each such
plan, and a summary of any additional oversight activities
undertaken by that committee, and any recommendations made or
actions taken thereon.''.
Member Assignment Limits
Sec. 204. In clause 6(b) of rule X, insert ``(1)'' after
``(b)'' and add the following new subparagraph at the end:
``(2)(A) No Member, Delegate, or Resident Commissioner may
serve simultaneously as a member of more than two standing
committees or four subcommittees of the standing committees
of the House, except that ex officio service by a chairman
and ranking minority member of a committee on each of its
subcommittees by committee rule shall not be counted against
the limitation on subcommittee service. Any other exception
to these limitations must be approved by the House upon the
recommendation of the respective party caucus or conference.
``(B) For the purposes of this subparagraph, the term
`subcommittee' includes any panel (other than a special
oversight panel of the Committee on National Security), task
force, special subcommittee, or any subunit of a standing
committee that is established for a cumulative period longer
than six months in any Congress.''.
Multiple Referral Reform
Sec. 205. In clause 5 of rule X, amend paragraph (c) to
read as follows:
``(c) In carrying out paragraphs (a) and (b) with respect
to any matter, the Speaker shall designate a committee of
primary jurisdiction; but also may refer the matter to one or
more additional committees, for consideration in sequence
(subject to appropriate time limitations), either on its
initial referral or after the matter has been reported by the
committee of primary jurisdiction; or may refer portions of
the matter to one or more additional committees (reflecting
different subjects and jurisdictions) for the consideration
only of designated portions; or may refer the matter to a
special ad hoc committee appointed by the Speaker with the
approval of the House (with members from the committees
having jurisdiction) for the specific purpose of considering
that matter and reporting to the House thereon; or may make
such other provisions as may be considered appropriate.''.
Accuracy of Committee Transcripts
Sec. 206. In clause 2(e)(1) of rule XI, amend the first
sentence to read as follows: ``Each committee shall keep a
complete record of all committee action which shall include--
``(A) in the case of any meeting or hearing transcript, a
substantially verbatim account of remarks actually made
during the proceedings, subject only to technical,
grammatical, and typographical corrections authorized by the
person making the remarks involved; and
``(B) a record of the votes on any question on which a
rollcall vote is demanded.''.
Elimination of ``Rolling Quorums''
Sec. 207. In clause 2(l)(2)(A) of rule XI, strike ``was
actually present'' and all that follows through the end of
the subdivision and insert ``was actually present.''.
Limitation on Committees' Sittings
Sec. 208. In clause 2 of rule XI, amend paragraph (i) to
read as follows:
``Limitation on committees' sittings
``(i)(1) No committee of the House (except the Committee on
Appropriations, the Committee on the Budget, the Committee on
Rules, the Committee on Standards of Official Conduct, and
the Committee on Ways and Means) may sit, without special
leave, while the House is reading a measure for amendment
under the five-minute rule. For purposes of this paragraph,
special leave will be granted unless ten or more Members
object; and shall be granted upon the adoption of a motion,
which shall be highly privileged if offered by the majority
leader, granting such leave to one or more committees.
``(2) No committee of the House may sit during a joint
session of the House and Senate or during a recess when a
joint meeting of the House and Senate is in progress.''.
Accountability for Committee Votes
Sec. 209. In clause 2(l)(2) of rule XI amend subdivision
(B) to read as follows:
``(B) With respect to each rollcall vote on a motion to
report any measure or matter of a public character, and on
any amendment offered to the measure or matter, the total
number of votes cast for and against, and the names of those
members voting for and against, shall be included in the
committee report on the measure or matter.''.
Affirming Minority's Right on Motions to Recommit
Sec. 210. In clause 4(b) of rule XI, insert before the
period at the end the following: ``, including a motion to
recommit with instructions to report back an amendment
otherwise in order (if offered by the minority leader or a
designee), except with respect to a Senate bill or resolution
for which the text of a House-passed measure has been
substituted''.
Waiver Policy for Special Rules
Sec. 211. In clause 4 of rule XI, add the following new
paragraph at the end:
``(e) Whenever the Committee on Rules reports a resolution
providing for the consideration of any measure, it shall, to
the maximum extent possible, specify in the resolution the
object of any waiver of a point of order against the measure
or against its consideration.''.
Prohibition on Delegate Voting in Committee of the Whole
Sec. 212. (a) In rule XII, strike clause 2 and the
designation of the remaining clause.
(b) In clause 1 of rule XXIII, strike ``, Resident
Commissioner, or Delegate''.
(c) In clause 2 of rule XXIII, strike paragraph (d).
Accuracy of the Congressional Record
Sec. 213. In rule XIV, add the following new clause at the
end:
``9. (a) The Congressional Record shall be a substantially
verbatim account of remarks made during the proceedings of
the House, subject only to technical, grammatical, and
typographical corrections authorized by the Member making the
remarks involved.
``(b) Unparliamentary remarks may be deleted only by
permission or order of the House.
``(c) This clause establishes a standard of conduct within
the meaning of clause 4(e)(1)(B) of rule X.''.
Automatic Rollcall Votes
Sec. 214. In rule XV, add the following new clause at the
end:
``7. The yeas and nays shall be considered as ordered when
the Speaker puts the question on final passage or adoption of
any bill, joint resolution, or conference report making
general appropriations or increasing Federal income tax
rates, or on final adoption of any concurrent resolution on
the budget or conference report thereon.''.
Appropriations Reforms
Sec. 215. (a) Consideration of Limitation Amendments.--In
clause 2(d) of rule XXI, strike ``shall have precedence'' and
insert ``shall, if offered by the majority leader or a
designee, have precedence''.
(b) Prohibition Against Non-Emergency Items in Emergency
Spending Bills.--In clause 2 of rule XXI, add the following
new paragraph at the end:
``(e) No provision shall be reported in any appropriation
bill or joint resolution containing an emergency designation
for purposes of section 251(b)(2)(D) or section 252(e) of the
Balanced Budget and Emergency Deficit Control Act, or shall
be in order as an amendment thereto, if the provision or
amendment is not designated as an emergency, unless the
provision or amendment rescinds budget authority or reduces
direct spending, or reduces an amount for a designated
emergency.''.
(c) Permitting Offsetting Amendments.--In clause 2 of rule
XXI (as amended by (b) above), add the following new
paragraph at the end:
``(f) During the reading of any appropriation bill for
amendment in the Committee of the Whole, it shall be in order
to consider en bloc amendments proposing only to transfer
appropriations among objects in the bill without increasing
the levels of budget authority or outlays in the bill. When
considered en bloc pursuant to this paragraph, such
amendments may amend portions of the bill not yet read for
amendment (following the disposition of any points of order
against such portions) and shall not be subject to a demand
for division of the question in the House or in the Committee
of the Whole.''.
(d) Listing of Unauthorized Appropriations in Reports.--In
clause 3 of rule XXI, insert before the period the following:
``, and shall contain a list of all appropriations contained
in the bill for any expenditure not previously authorized by
law (except for classified intelligence or national security
programs, projects, or activities)''.
(e) Automatic Reservation of Points of Order.--In rule XXI,
add the following new clause at the end:
``8. At the time any appropriation bill is reported, all
points of order shall be considered as reserved.''.
Ban on Commemoratives
Sec. 216. (a) In rule XXII--
(1) amend clause 2 by inserting ``(a)'' after ``2.'' and by
adding the following new paragraph at the end:
``(b)(1) No bill or resolution, and no amendment to any
bill or resolution, establishing or expressing any
commemoration may be introduced or considered in the House.
``(2) For purposes of this paragraph, the term
`commemoration' means any remembrance, celebration, or
recognition for any purpose through the designation of a
specified period of time.''.
(2) amend clause 3 by striking ``or private bill'' and
inserting ``or bill or resolution''.
(b) The Committee on Government Reform and Oversight shall
consider alternative means for establishing commemorations,
including the creation of an independent or Executive branch
commission for such purpose,
[[Page H30]] and to report to the House any recommendations
thereon.
Numerical Designation of Amendments
Sec. 217. In clause 6 of rule XXIII, add the following new
sentence at the end: ``All amendments to a specified measure
submitted for printing in that portion of the Record shall be
given numerical designations in the order printed.''.
Pledge of Allegiance
Sec. 218. In clause 1 of rule XXIV--
(a) insert after the second order of business the following
new order of business: ``Third. The Pledge of Allegiance to
the Flag.''; and
(b) redesignate succeeding orders accordingly.
Discharge Petitions
Sec. 219. In clause 3 of rule XXVII, insert the following
three new sentences after the fifth sentence: ``The Clerk
shall cause the names of the Members who have signed a
discharge motion during any week to be published in a portion
of the Congressional Record designated for that
purpose on the last legislative day of that week. The Clerk
shall make available each day for public inspection in an
appropriate office of the House cumulative lists of such
names. The Clerk shall devise a means by which to make
such lists available to offices of the House and to the
public in electronic form.''.
Protection of Classified Materials
Sec. 220. In rule XLIII (``Code of Official Conduct'')
insert the following new clause before the two undesignated
paragraphs at the end:
``13. Before any Member, officer, or employee of the House
of Representatives may have access to classified information,
the following oath (or affirmation) shall be executed:
`I do solemnly swear (or affirm) that I will not disclose any
classified information received in the course of my service
with the House of Representatives, except as authorized by
House of Representatives or in accordance with its Rules.'
Copies of the executed oath shall be retained by the Clerk of
the House as part of the records of the House.''.
Select Committee on Intelligence
Sec. 221. (a) In clause 1(a) of rule XLVIII (relating to
the Permanent Select Committee on Intelligence) strike
``nineteen Members with representation to'' and insert
``sixteen Members, of whom not more than nine may be from the
same party. The select committee shall''.
(b)(1) In clause 1(b) of rule XLVIII, insert ``(1)'' after
``(b)'', strike ``majority leader'', and insert ``Speaker''.
(2) In clause 1(b) of rule XLVIII, add the following new
subparagraph at the end:
``(2) The Speaker and minority leader each may designate a
member of their leadership staff to assist them in their
capacity as ex officio members, with the same access to
committee meetings, hearings, briefings, and materials as if
employees of the select committee, and subject to the same
security clearance and confidentiality requirements as
employees of the select committee under this rule.''.
(3) In clause 7(c) of rule XLVIII, strike subparagraph (3).
(c) In clause 1 of rule XLVIII, amend paragraph (c) to read
as follows:
``(c) No Member of the House other than the Speaker and the
minority leader may serve on the select committee during more
than four Congresses in any period of six successive
Congresses (disregarding for this purpose any service for
less than a full session in any Congress), except that the
incumbent chairman or ranking minority member having served
on the select committee for four Congresses and having served
as chairman or ranking minority member for not more than one
Congress shall be eligible for reappointment to the select
committee as chairman or ranking minority member for one
additional Congress.''.
(d) In clause 2(a) of rule XLVIII--
(1) insert the following before the period in subparagraph
(1): ``, and the National Foreign Intelligence Program as
defined in section 3(6) of the National Security Act of
1947'';
(2) strike all after ``but not limited to,'' in
subparagraph (2) and insert the following: ``the tactical
intelligence and intelligence-related activities of the
Department of Defense.''.
(3) amend subparagraph (4) to read as follows:
``(4) Authorizations for appropriations, both direct and
indirect, for the following:
``(A) The Central Intelligence Agency, Director of Central
Intelligence, and the National Foreign Intelligence Program
as defined in section 3(6) of the National Security Act of
1947.
``(B) Intelligence and intelligence-related activities of
all other departments and agencies of the Government,
including, but not limited to, the tactical intelligence and
intelligence-related activities of the Department of Defense.
``(C) Any department, agency, or subdivision, or program
that is a successor to any agency or program named or
referred to in subdivision (A) or (B).''.
Abolition of Legislative Service Organizations
Sec. 222. The establishment or continuation of any
legislative service organization (as defined and authorized
in the One Hundred Third Congress) shall be prohibited in the
One Hundred Fourth Congress. The Committee on House Oversight
shall take such steps as are necessary to ensure an orderly
termination and accounting for funds of any legislative
service organization in existence on January 3, 1995.
Miscellaneous Provisions and Clerical Corrections
Sec. 223. (a) Speaker's Authority To Postpone Votes.--In
clause 5(b)(1) of rule I, amend the matter after ``questions
listed herein:'' to read as follows:
``(A) the question of adopting a resolution;
``(B) the question of passing a bill;
``(C) the question of agreeing to a motion to instruct
conferees as provided in clause 1(c) of rule XXVIII:
Provided, however, That proceedings shall not resume on said
question if the conferees have filed a report in the House;
``(D) the question of agreeing to a conference report;
``(E) the question of ordering the previous question on a
question described in subdivision (A), (B), (C), or (D); and
``(F) the question of agreeing to a motion to suspend the
rules.''.
(b) Office of Floor Assistants.--There is established in
the House of Representatives an office to be known as the
Speaker's Office for Legislative Floor Activities. The
Speaker shall appoint and set the annual rate of pay for
employees of the Office. The Office shall have the
responsibility of assisting the Speaker in the management of
legislative floor activity.
(c) Vice Chairman of Committee.--In clause 2(d) of rule
XI--
(1) strike ``The member'' and insert ``A member''; and
(2) strike ``ranking immediately after the chairman'' and
insert ``designated by the chairman of the full committee''.
(d) Prohibition Against Members' Use of Personal,
Electronic Office Equipment on House Floor.--In clause 7 of
rule XIV, insert ``or to use any personal, electronic office
equipment (including cellular phones and computers)'' after
``to smoke''.
(e) Speaker's Authority To Reduce to Five-Minutes a Vote
Following a Previous Question Vote.--In clause 5(b) of rule
XV, amend subparagraph (1) to read as follows:
``(1) after a rollcall vote has been ordered on a motion
for the previous question, on any underlying question that
follows without intervening business;''.
(f) Clerical Corrections.--
(1) In clause 3 of rule III, insert ``; and'' before
``certify''.
(2) In clause 2(l)(1)(B) of rule XI, strike ``does not
apply to the reporting'' and all that follows through
``subdivision (C) and''.
(g) Special Rule for Bill Sponsorship on Opening Day.--In
the One Hundred Fourth Congress, each of the first 20 bills
introduced in the House (H.R. 1 through H.R. 20), and each of
the first two joint resolutions introduced in the House (H.J.
Res. 1 and H.J. Res. 2), may have more than one Member
reflected as a first sponsor.
The SPEAKER pro tempore (Mr. Walker). Pursuant to House Resolution 5,
the resolution is initially debatable for 30 minutes.
The gentleman from Texas [Mr. Armey] will be recognized for 15
minutes, and the gentleman from Michigan [Mr. Bonior] will be
recognized for 15 minutes.
The Chair recognizes the gentleman from Texas [Mr. Armey].
Mr. ARMEY. Mr. Speaker, I yield myself 4 minutes.
(Mr. ARMEY asked and was given permission to revise and extend his
remarks.)
Mr. ARMEY. Mr. Speaker, this is a gratifying day for America, a day
of hope and promise for our country. And so it is with a profound sense
of honor that I offer, on behalf of the Republican Members of the
House, this proposed set of rules for the 104th Congress.
I am very proud of this rules package. I believe it will dramatically
alter--and I predict improve--the way in which the House conducts the
American people's business.
The distinguished chairman of the Rules Committee, Mr. Solomon, and
others will offer more detailed explanations of the provisions. Allow
me at this point simply to sketch for you our three principal goals--
responsibility, reform, and renewal.
Our first goal is greater responsibility with the people's money. We
will reduce the size and cost of a Congress that has grown unchecked
for too many years. We will slash the number of committees and
subcommittees, and reduce committee staff by a third, saving taxpayers
about $40 million a year.
{time} 1650
We will stop the funding of 28 special-interest caucuses that cost $5
million a year. And we have even managed to save $300,000 a year by
ending so-called commemorative legislation like National Pizza and
Pasta Day.
[[Page H31]] It's time for truth in budgeting. From now on, in the
budget process, when we speak of a spending cut, we will mean an actual
cut in spending, not just a smaller increase.
Over on the other side of the Capitol, our Senate colleagues actually
have a rule requiring a super-majority to cut taxes. Well, is it not
about time we put our thumb on the spending-cut side of the scale?
House rules will now require a three-fifths majority to raise taxes.
Our second goal is reform. We want to make the House more accountable
to the American people. We are throwing open the shutters and letting
the sun shine in on committee meetings. We are banning proxy voting and
so-called rolling quorums.
This way, Members of Congress will devote more energy to their all-
important committee work, knowing that, from now on, they will have to
be physically present to cast votes on behalf of their constituents,
rather than delegating that high privilege.
And we are making the Congressional Record a true verbatim transcript
of debate, instead of ``revisionist history'' Members can totally
rewrite after the fact.
Our third goal, Mr. Speaker, is renewal. We hope to promote a renewal
of respect for this historic institution. And that begins with a
renewal of respect for the people who sent us here. It begins with a
Congress that obeys the same laws it imposes on private citizens.
Renewal means more accountability on the part of those entrusted with
power. And that's why we impose a healthy, 6-year term limit on
committee chairmen.
We also feel--and I know you enthusiastically concur, Mr. Speaker--
that there should be an 8-year term limit on the Speaker, the same
number of years allowed the President.
Allow me to end on a personal note. I would love to see bipartisan
support for these rules, because this is not a Republican House. This
was not previously a Democratic House. This is the American people's
House, and we must restore their faith in this historic and honorable
institution.
The SPEAKER pro tempore (Mr. Walker). The Chair would remind all
persons in the gallery that they are here as guests of the House and
that any manifestation of approval or disapproval of proceedings is a
violation of the rules of the House.
The gentleman from Texas may proceed.
Mr. ARMEY. I repeat, we must restore their faith in this historic and
honorable institution.
I hope today will set a standard for a more cooperative, more idea-
driven process in which our first and highest consideration is always
the people's business.
I urge all of my colleagues to vote ``yes'' on these historic rules
on this historic day.
Mr. Speaker, I reserve the balance of my time.
Mr. BONIOR. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from South Carolina [Mr. Spratt], a member of the leadership.
(Mr. SPRATT asked and was given permission to revise and extend his
remarks.)
Mr. SPRATT. Mr. Speaker, I thank the gentleman for yielding.
The previous Member just described this as a day of promise, a day
for raising standards of this institution, and this is a historic
occasion. We will miss a historic, major opportunity to change the way
this institution of the Congress is perceived if we do not add to this
rules package before us the ban on gifts from lobbyists which this
House passed just months ago by an overwhelming vote of 315 to 111.
There are many things in this package, this rules proposal, that I
can and will gladly support. Let us be frank about it: Committee proxy
voting, super majorities, baseline budgeting, this is Capitol Hill
jargon. Some people out in the country get it; most do not, and most
could care less. But everybody understands what gifts from lobbyists is
all about. That is why we got 315 votes for it the last time it was
before the House.
If we want to open up this institution, if we want to freshen its
image, redeem its reputation among the American people, then we need to
sever the ties, real and perceived, between those who work inside this
institution and represent the people as a whole, and those who work
Congress from the outside, the lobbyists, Gucci Gulf, the lobbyists who
represent special interests and limited numbers of people.
Just a few months ago this ban on gifts from lobbyists was good
enough for 315 Members. The provisions that some found problematic then
that dealt with grassroots lobbying were purged from the Democratic
proposal today. We did add one provision that is contentious. It would
limit, not ban, limit the amount of royalties that a Member could earn
while sitting as a Member of this House on publications written while
he is sitting. But the limit is a third of your salary while serving
here, which is a generous dispensation for full-time Members who are
paid full-time salaries. With such enormous support, 315 yeas, why not
vote on this package today and make it the rule of the House from day
one?
Mr. ARMEY. Mr. Speaker, I yield the balance of my time to the
distinguished gentleman from New York [Mr. Solomon], chairman of the
Committee on Rules.
(Mr. SOLOMON asked and was given permission to revise and extend his
remarks and to include extraneous material.)
Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, a new day is here.
Today we begin the first stage of a commitment that was made to the
American people last November--indeed, a Contract With America that was
signed by the new majority--to restore, renew, and reform the people's
House.
The resolution before us today, adopting the Rules of the House for
the 104th Congress, is the initial fulfillment of that Contract With
America. It makes the most sweeping and comprehensive reform of this
House in the last half century.
It brings back to the people's House the intangible words,
``openness, fairness, and accountability.''
But, even more importantly, by setting the example of substantially
reducing the committees and staff of the Congress, we begin the process
of shrinking the size and power of the Federal Government.
What we are proposing today in this resolution is unprecedented, both
in form and in substance. Instead of the usual 1 hour of debate on this
resolution, we have committed to 3\1/2\ hours of debate. Instead of the
usual single vote on this resolution, we have committed to nine
separate votes.
After this initial general debate period of 30 minutes, we will
proceed to debate for 20 minutes each on the eight opening day reforms
contained in our Contract With America, followed by a separate vote on
each.
Those reforms include--
First, a comprehensive reform of our committee system, including a
one-third cut in committee staff, a reduction of over 20 subcommittees,
and a consolidation of committee staff funding into a publicly
disclosed, 2-year funding resolution;
Second, a truth-in-budgeting baseline reform provision that measures
next year's budget against this year's spending levels instead of
inflated baseline spending levels;
Third, a four-term limit on the Speaker of the House, and three-term
limit on committee and subcommittee chairmen;
Fourth, a ban on proxy or ghost voting in committees;
Fifth, a committee sunshine rule to ensure that all committee
meetings and hearings are open to the public and the media;
Sixth, a required three-fifths vote on any bill increasing income tax
rates, and a prohibition against retroactive tax increases;
Seventh, a comprehensive audit of all House books to ferret out past
waste, fraud, and abuse in this House so that we can operate this House
in the future in an open and fiscally sound manner; and
Eighth, the consideration of a bill that will make the Congress
subject to the same laws that now apply to the private sector.
Mr. Speaker, following the debate and votes on those opening day
contract items, we will proceed for an additional 20 minutes to debate
and then vote on title II of this resolution which contains 23
additional reforms of this
[[Page H32]] House which have been long overdue, including--
comprehensive reform of the administrative structure of the House; a
reduction in the number of committees and an overhaul of their
jurisdictions; a requirement for more comprehensive oversight of the
executive branch by our committees; a publication of all committee
rollcall votes; a reform of our appropriations process; a requirement
that our Congressional Record and committee transcripts be an accurate
account of words actually spoken; a ban on so-called commemorative
bills; and a ban on taxpayer-funded special interest caucuses.
Mr. Speaker, I could go on and discuss the many other reform items in
this rules resolution, but, in the interest of allowing other Members
to participate in this debate, I reserve the balance of my time.
A Contract for a New House
(A section-by-section summary of H. Res. --, adopting the Rules of the
House for the 104th Congress, to be offered by the Majority Leader, or
a designee.)
The Rules of the House of the 103rd Congress would be
adopted as the rules for the 104th Congress together with the
following amendments:
title i. contract with america: a bill of accountability
[Note: Each section below in Title I would be under a
separate introductory paragraph adopting House Rules from the
103rd Congress as the Rules of the 104th Congress with the
additional amendment(s) in the section, thereby permitting a
division of the question and separate debate and vote on each
of the 8 Contract items. The 23 items in Title II, on the
other hand, would be subject to a single vote.]
Sec. 101. Committee, Subcommittee and Staff Reforms:
Committee staff in the 104th Congress is reduced by at least
one-third from comparable levels in the 103rd Congress. No
committee could have more than 5 subcommittees (except
Appropriations which could have no more than 13; Government
Reform and Oversight, no more than 7; and Transportation and
Infrastructure, no more than 6). Statutory and investigative
staff salary authorization levels would be consolidated in a
single, 2-year committee expense resolution (except for the
Committee on Appropriations). The distinction between
professional and clerical staff would be eliminated while
retaining the overall core staff of 30 for each committee
(20-majority, 10-minority, or a one-third guarantee to the
minority if less than 30). Committee chairmen would be
required to ensure that sufficient staff is made available to
each subcommittee to exercise its responsibilities under
committee rules, including fair treatment to the minority in
subcommittee staffing. Interim funding authority for House
committees, consistent with planned staff reductions, would
be provided pending the adoption of the primary expense
resolution for 1995-96.
Sec. 102. Truth-in-Budgeting Baseline Reform: Cost
estimates in committee reports would include a comparison of
total estimated funding for the program(s) to the appropriate
levels under current law.
Sec. 103. Term Limits for Speaker, Committee and
Subcommittee Chairmen: Beginning with the 104th Congress: (a)
No person could serve as Speaker for more than four
consecutive Congresses (disregarding any service for less
than a session). (b) No Member could be the chairman of any
committee, or of the same subcommittee of a committee, for
more than three consecutive Congresses (excluding any service
for less than a session in a Congress).
Sec. 104. Proxy Voting Ban: No vote could be cast by proxy
on any committee or subcommittee thereof.
Sec. 105. Committee Sunshine Rules: Committee meetings,
which can now be closed for any reason, could only be closed
by majority rollcall vote if disclosure would endanger
national security, compromise sensitive law enforcement
information, or tend to defame, degrade or incriminate any
person. Broadcast coverage of any committee or subcommittee
meeting or hearing open to the public would be a right (not
requiring a vote of approval as at present).
Sec. 106. Limitations on Tax Increases: (a) No bill, joint
resolution, amendment or conference report carrying an income
tax rate increase, could be considered as passed or agreed to
unless so determined by a vote of at least three-fifths of
the House. (b) No measure of amendment could be considered
that contains a retroactive income tax rate increase.
Sec. 107. Comprehensive House Audit: The Inspector General
would be authorized to contract with one or more independent
auditing firms to conduct a comprehensive audit of House
financial records, physical assets, and operational
facilities.
Sec. 108. Consideration of ``Congressional Accountability
Act'': The majority leader, or a designee, would be
authorized to call up for consideration on Jan. 4, 1995, a
bill (H.R. 1), the ``Congressional Accountability Act of
1995,'' subject to one-hour of debate in the House, divided
equally between the majority leader and minority leader, or
their designees, and to one motion to recommit.
title ii. general
Sec. 201. House Administrative Reforms: The Office of
Doorkeeper would be abolished and its functions transferred
to the Sergeant-at-Arms. A Chief Administrative Officer,
elected by the House, would replace the Director of Financial
and Non-Legislative Services. The authority of the Inspector
General would be broadened to audit all House functions and
to refer possible violations of rules or law to the ethics
committee for action or possible referral to the appropriate
Federal or State authorities.
Sec. 202. Changes in Committee System: The Committees on
Post Office and Civil Service, and the District of Columbia
would be abolished and their jurisdiction transferred to the
Committee on Government Reform and Oversight; the Committee
on Merchant Marine and Fisheries would be abolished and its
jurisdiction transferred to the committees on National
Security, Resources, and Transportation and Infrastructure.
The Committee on Budget would be given shared legislative
jurisdiction over certain budgetary legislation. Term limits
for members of the Budget Committee would be changed from
three-terms in any five Congresses to four-terms in any six
Congresses. Other committees would be renamed and
jurisdictions transferred.
Sec. 203. Oversight Reform: Committees would be required to
adopt oversight plans for the Congress and submit them to the
Committee on House Oversight and Government Reform and
Oversight by Feb. 15th of the first session. The Committee on
House Oversight and Government Reform and Oversight would
report the plans to the House by March 31st together with any
recommendations of the committee or joint leadership to
ensure maximum coordination. Committees would be required to
include an oversight section in their final activity reports
reporting on the implementation of their plans. The Speaker
would be authorized to appoint ad hoc oversight committees,
subject to House approval, for specific oversight projects
from committees sharing jurisdiction.
Sec. 204. Member Assignment Limits: No Member could have
more then two standing committee and four subcommittee
assignments (except committee chairman and ranking minority
members could serve as ex officio members of all
subcommittees of their committees). Any exception to the
assignment limits must be approved by the House upon the
recommendation of the respective party caucus or conference.
Sec. 205. Multiple Bill Referral Reform: The joint referral
of bills to two or more committees would be prohibited. The
speaker would designate a committee of primary jurisdiction
when a bill is introduced, may refer parts of bills to
appropriate committees, and may sequentially refer bills,
either upon introduction or after the primary committee has
reported, subject to time limits for reporting.
Sec. 206. Accuracy of Committee Transcripts: Committee
hearing and meeting transcripts shall be a substantially
verbatim account of remarks made during proceedings, subject
only to technical grammatical, and typographical corrections
authorized by the person making the remarks involved.
Sec. 207. Elimination of ``Rolling Quorums'': The existing
``rolling quorum'' rule which allows drop-by voting to report
measures and permits less than a quorum to report if no point
of order is raised, would be repealed.
Sec. 208. Prohibition on Committee Meetings During House
Consideration of Amendments: No Committee (except the
Committees on Appropriations, Rules, Standards and Ways and
Means) could sit while the House is reading a measure for
amendment under the five-minute rule without special leave
(which shall be granted unless 10 members object), or unless
upon the adoption of a motion offered by the majority leader
which shall be privileged. No committee could sit while the
House and Senate are meeting in joint session or when a joint
meeting of the House and Senate is in progress.
Sec. 209. Accountability for Committee Votes: Committee
reports on any bill or other matter would include the names
of those voting for and against on rollcall votes on any
amendments or on the motion to report a measure.
Sec. 210. Affirming Minority's Rights on Motions to
Recommit: The Rules Committee could not report a special rule
denying the minority the right to offer amendatory
instructions in a motion to recommit if offered by the
minority leader or a designee.
Sec. 211. Waiver Policy for Special Rules: The Committee on
Rules would be required, to the maximum extent possible, to
specify in any special rule providing for the consideration
of a measure any provisions of House rules being waived.
Sec. 212. Prohibition on Delegate Voting in Committee of
Whole: The Resident Commissioner of Puerto Rico and the
Delegates from Guam, Virgin Islands, American Samoa and the
District of Columbia could not vote in or preside over the
Committee of the Whole.
Sec. 213. Accuracy of Congressional Record: The
Congressional Record would be a verbatim account of
proceedings, subject only to technical, grammatical and
typographical corrections by the Member speaking.
Unparliamentary remarks may be deleted only by unanimous
consent or order of the House.
Sec. 214. Automatic Roll Call Votes: Automatic roll call
votes would be required on final passage of bills making
appropriations, raising taxes, and conference reports there-
[[Page H33]] on; and on final adoption of budget resolutions
and their conference reports.
Sec. 215. Appropriations Reforms: Limitation amendments
could be offered to appropriations bills at the end of the
regular amendment process without having to first defeat the
motion to rise and report. A motion to rise could only be
offered by the majority leader (or a designee) if limitation
amendments are still pending. Non-emergency items could not
be reported or offered as amendments to emergency spending
bills (except to rescind budget authority or reduce direct
spending to pay for the emergency benefits). Off-setting,
deficit neutral amendments could be offered en bloc to any
appropriations measure. Reports on all appropriations bills
would be required to include not only a listing of
legislative provisions contained in the measures (as
presently required), but of all unauthorized activities being
funded by the measure (except for classified intelligence or
national security programs). Points of order would
automatically be reserved against an appropriations bill when
filed.
Sec. 216. Ban on Commemoratives: No bill, resolution or
amendment could be introduced or considered in the House that
establishes or expresses any commemoration (defined as any
remembrance, celebration or recognition for any purpose) for
a specified time period (e.g., day, week, month). The
Committee on Government Reform and Oversight would be
directed to consider alternative means of
establishing commemorations, such as an independent or
Executive Branch Commission, and to report to the House
any recommendations.
Sec. 217. Numerical Designation of Amendments Submitted for
Record: Amendments submitted for the amendments section of
the Congressional Record for any bill would be given
numerical designations in the order printed for that bill to
facilitate easy reference by Members and committees.
Sec. 218. Pledge of Allegiance: The Pledge of Allegiance
would be required in the House as the third order of business
each day.
Sec. 219. Discharge Petitions: The Clerk would be required
to publish the names of new signers of discharge petitions in
the last Congressional Record of each week and make available
to the public through an appropriate office the current names
of signers on a daily basis. The Clerk shall also devise a
system for making the names of signers available to House
offices and the public through electronic form.
Sec. 220. Protection of Classified Materials: The Code of
Official Conduct would be amended to require that, prior to
having access to any classified materials, Members, officers
and employees take an oath not to disclose such materials
except as authorized by the House or its Rules.
Sec. 221. Permanent Select Committee on Intelligence: The
House Permanent Select Committee on Intelligence would be
reduced in size from 19 to 16 members, with a 9-7 majority to
minority ratio. Member terms would be increased from three to
four and the chairman and ranking minority member could serve
a fifth term if they held the those positions for only one
Congress. The Speaker (currently the majority leader) and
minority leader would serve as ex officio, non-voting
members, and may designate a member of their leadership staff
to assist them and have access to committee proceedings and
materials, as if committee staff, subject to the same
security clearance and confidentiality requirements as
committee staff. Current jurisdictional arrangements would be
clarified.
Sec. 222. Abolition of Legislative Service Organizations:
The establishment or continuation of any Legislative Service
Organization (as defined and authorized by regulation in the
103rd Congress) would be prohibited in the 104th Congress.
The Committee on House Oversight would be directed to take
necessary steps to ensure the orderly termination and
accounting for funds of LSOs in existence on Jan. 4, 1995.
Sec. 223. Miscellaneous Provisions and Clerical
Corrections: The Speaker's authority to postpone votes on
certain matters would include postponing the previous
question vote on those matters. The Speaker's authority to
reduce time for voting to 5-minutes after a 15-minute vote on
the previous question would extend to any previous question
vote (currently applies only to previous question vote on
special rules from the Rules Committee). There would be
established a Speaker's Office for Legislative Floor
Activities, with employees to be appointed by the Speaker to
assist in the management of legislative floor activity. The
Chairman of a committee could designate any member of the
committee or a subcommittee as the vice chairman of the
committee or subcommittee. Members would be prohibited from
using any personal, electronic office equipment (including
cellular phones, and laptop computers) on the House floor.
Certain specified, priority measures introduced on Jan. 4,
1995, could have more than one prime sponsor.
Section-by-Section Analysis of House Rules Resolution
(H. Res.----, Adopting House Rules, 104th Congress, January 5, 1995)
Title I. Contract With America: A Bill of Accountability
Title I of the resolution contains eight sections relating
to the ``Opening Day Checklist'' of House reforms contained
in the ``Contract with America.'' Each section is preceded by
an identical introductory paragraph adopting the rules of the
previous Congress together with the amendment(s) in that
section in order to permit a division of the question vote on
each section.
Sec. 101. Committee, Subcommittee and Staff Reforms: (a)
Committee staff reductions.--Subsection (a) requires that the
number of House committee staff in the 104th Congress be at
least one-third less than the corresponding total in the
103rd Congress. It is the intent of the resolution that this
reduction be achieved at the outset of the new Congress. The
Committee on House Oversight will be responsible for
overseeing the reductions and enforcing them through the
committee funding process.
(b) Subcommittee reductions.--Subsection (b) replaces
clause 6(d) of House rule X which currently requires all
committee having more than 20 members to establish at least
four subcommittees. In its place, the new paragraph requires
that committees establish no more than six subcommittees. The
only exceptions are the committees on Appropriations (13).
Government Reform and Oversight (7), and Transportation and
Infrastructure (6).
This paragraph should be read in the context of sec. 204 of
the resolution which limits Members to no more than four
subcommittee assignments. In that section, subcommittee is
defined as ``any panel (other than a special oversight panel
of the Committee on National Security), task force, special
subcommittee, or any subunit of a standing committee that is
established for a cumulative period longer than six months in
any Congress.'' The intent of these two limitations is to
make both Member and committee work more deliberative,
participatory, and manageable by reducing scheduling
conflicts and jurisdictional overlap. This is especially
important given the ban on proxy voting in committees.
(c) Consolidated committee staff and biennial funding.--
Subsection (c) amends clause 5 of rule XI (``Committee
Expenses'') in two important respects. First, it requires
that all committee staff salaries and expenses be authorized
in an expense resolution reported by the Committee on House
Oversight. At present, only investigative staff salaries and
expenses are funded through expense resolutions while so-
called statutory staff (see amendments to rule XI clause 6
below), are paid for directly from appropriations.
Second, the subsection provides for one primary expense
resolution per Congress instead of one each session. This is
the system currently in effect in the Senate. The purpose for
the biennial resolution is to permit committee to plan for a
full Congress and to free-up the time otherwise consumed by
the House and its committees on processing two budgets per
Congress.
The ability of committees to request additional or
supplemental expense resolutions in a Congress is preserved.
The only committee exempted from this consolidated funding
process will be Appropriations which has been traditionally
exempt to avoid undue pressures on its funding decisions. The
Budget Committee, which has been exempt from the funding
process since its
formation in 1975, would be brought under the funding
process by this rule change.
The resolution contains a free-standing, interim funding
rule for committees until their expense resolutions are
adopted. This permits committees to incur expenses consistent
with their planned staff reductions.
Clause 5(d) of rule XI is amended to require that committee
chairmen make available to each subcommittee sufficient staff
to carry out its responsibilities under committee rules, and
that the minority is treated fairly in the appointment of
subcommittee staff. This replaces an existing provision which
entitles each subcommittee chairman and ranking minority
member to appoint one staff person at a rate of pay up to 75%
of the maximum allowable for committee staff.
It is the intent of this provision to reestablish the
primacy of committees over subcommittees while maintaining
the ability of subcommittees to carry out their functions as
arms of the parent committee. Nothing in this rule would
prevent a committee chairman from allowing a subcommittee
chairman to nominate a staff member for approval, either as a
matter of policy or committee rule. But, it places ultimate
authority over all committee staff in the full committee
chairman and restores the line of responsibility of all such
staff to the full committee.
Subsection (d) amends clause 6 of rule XI (``Committee
Staffs'') in several respects. First, it eliminates the
distinction between professional and clerical staff so that
all 30 of the core committee staff are termed
``professional.'' Under existing rules, each committee may
appoint 18 professional and 12 clerical staff, with the
minority entitled to one-third of each category. The one-
third guarantee to the minority is retained, but with the
difference that it would apply even if the committee appoints
fewer than 30 staff.
The existing conditions that committee staff engage only in
committee business during congressional working hours and not
be assigned duties other than committee business are
retained. However, the rule is amended to recognize the
existence of shared or associate staff who may be paid from
both Member clerk hire as well as committee funds. In such
cases, the chairman must certify that their committee work is
commensurate with their pay. It is the intent of this rule to
permit a chairman to require by committee rule or policy that
a supervising
[[Page H34]] Member first certify the same to the chairman if
a staff member is not working directly under the chairman.
The new rule also makes clear that the employment of such
shared or committee staff is subject to such terms,
conditions, or limitations as may be established by the
Committee on House Oversight.
Sec. 102. Truth-in-Budgeting Baseline Reform: Subsection
(a) amends House rule XI, clause 2(l)(3), relating to the
contents of committee reports, to require that cost estimates
submitted for reports on measures providing new budget
authority shall include, when practicable, a comparison of
the total estimated funding for the program (or programs), to
the appropriate levels under current law.
Subsection (b) inserts similar language in clause 7(a) of
rule XIII, relating to cost estimates in committee reports
(other than those of the Committees on Appropriations, Rules,
House Oversight, and Standards of Official Conduct).
These provisions apply to individual pieces of legislation
and not to the budget in its entirety. The changes as they
relate to discretionary spending authorizations will require
that the cost estimates show the entire amount being
authorized by current law. In virtually all instances this
will be the entire amount of the program because the
authorization will be either extending an expired
authorization (in which case the current law is zero) or
expanding an existing authorization (in which case the
current law for expansion will be zero). Therefore, the rule
will require that cost estimates for all legislation
providing discretionary spending authorization show the
entire amount being authorized. Cost estimates for
discretionary appropriations will likewise show the entire
amount being appropriated.
The rule as applied to entitlement legislation will require
that the cost estimate show the entire amount of spending
estimated to occur due to the proposed legislation as well as
the amount estimated under current law. This is a change from
the previous method of scoring entitlement legislation which
only showed the change from current law. Thus, if proposed
entitlement legislation provides a lower rate of increase in
spending than current law, the cost estimate will show that
spending is increasing under the proposed legislation whereas
previously the cost estimate would have shown only a
reduction from current law.
Sec. 103. Term Limits for Speaker, Committee and
Subcommittee Chairmen: Subsection (a) amends rule I (``Duties
of the Speaker'') by adding a new clause 8 at the end which
prohibits any person from serving as House Speaker for more
than four consecutive terms (excluding any service for less
than a session of Congress), beginning with the 104th
Congress. The eight year limit is consistent with the spirit
of the current two-term limit on Presidents, with the
exception of the term ``consecutive.''
While the rule cannot be made binding on future Congresses,
since each has the constitutional authority to make its own
rules, it does set a standard to go by which has been
encouraged and agreed to by the new Speaker in the 104th
Congress.
Subsection (b) amends clause 6(e) of rule X which currently
provides that all vacancies on House standing committees
shall be filled by election by the House from nominations
submitted by the respective party caucus or conference. The
new sentence provides that no Member may serve as the
chairman of the same standing committee or subcommittee for
more than three consecutive Congresses, beginning with the
104th Congress. The purpose of this new limitation is not
merely to allow other Members to assume leadership
responsibilities sooner, but more importantly to prevent
stagnation or too close a relationship to develop between
committee leaders and the interests they oversee at the
expense of balanced oversight and legislation.
Sec. 104. Proxy Voting Ban: Subsection (a) amends House
rule XI, clause 2, which currently permits proxy voting in
committees, by prohibiting the use of proxies by any Member
on any measure or matter before a committee. Subsection (b)
simply makes a conforming change in clause 2(e)(1) of rule XI
by striking a reference to proxy voting.
The main purpose for this change is to ensure greater
participation in committee deliberations and decisions so
that the legislative product will be more representative and
developed than if produced by a few members present. The
overall aim of many of the committee reforms is to restore
committees as the legislative workshops of the House.
This rule does not apply to House-Senate conference
committees which operate under joint rules agreed to by a
particular conference. Conference committees, for instance,
do not require an actual meeting to sign the report (though
they must hold at least one meeting at some point)--only a
majority of conferees from each House to sign the report.
Sec. 105. Committee Sunshine Rules: Subsection (a) amends
clause 2(g)(1) of rule XI, relating to open meetings to
require that meetings which are open to the public shall also
be open to the broadcast and photographic media. It also
requires that meetings may only be closed by majority vote,
with a majority present, if it is determined that matters to
be disclosed would endanger national security, compromise
sensitive law enforcement information, tend to defame,
degrade or incriminate any person, or otherwise would violate
any law or rule of the House. The subsection also strikes a
provision allowing for a meeting to be closed to discuss
internal budget or personnel matters.
Under present House rules, a committee must vote to approve
coverage of a meeting by radio, television and still
photography. And, a meeting may be closed for any purpose by
majority vote.
Subsection (b) amends clause 2(g)(2) of rule XI, relating
to open committee hearings, to require that any hearing open
to the public is also open to the broadcast and photographic
media and may only be closed by majority vote, a majority
being present, for the same reasons stated in the open
meeting rule above.
The present House rule requires a majority vote to open a
hearing to the broadcast and photographic media. It also
prohibits closing a meeting except for all of the specified
reasons above except one: the new rule adds the condition
relating to the disclosure of ``sensitive law enforcement
information.''
Unchanged is the present rule provision permitting a
majority of a committee hearing quorum (which could be as few
as two members if a committee has adopted such a quorum
requirement as permitted by House rules) to vote to close a
hearing either to discuss whether testimony or evidence to be
received would endanger national security or, in the case of
an investigatory hearing, would tend to defame, degrade or
incriminate any person (see clause 2(k)(5) of rule XI); or if
a majority of the same hearing quorum makes a determination
at an investigatory hearing that testimony or evidence to be
disclosed would tend to defame, degrade or incriminate any
person.
Subsection (c) amends clause 3(d) of rule XI, relating to
the broadcasting of committee meetings or hearings, by
striking the clause that makes coverage by the audio and
visual media ``a privilege made available by the House.''
This reflects the new requirement that public meetings and
hearings are automatically open to these media and does not
require an affirmative vote of the committee.
Subsection (d) amends paragraph (e) of clause 3, rule XI,
by eliminating the requirement that a committee must vote to
permit audio and visual media coverage except as provided in
paragraph (f)(2). Paragraph (f)(2), which permits a
subpoenaed witness to demand that audio and visual coverage
of that witness' testimony be prohibited, remains unchanged
under the new rule. The subsection also provides that a
committee or subcommittee may not limit television or
photographic coverage to less than two representatives of
each medium except for legitimate space or safety
considerations, in which case pool coverage shall be
authorized.
Sec. 106. Limitations on Tax Increases: Subsection (a)
amends clause 5 of rule XXI by adding a new paragraph (c) at
the end requiring a three-fifths vote of the House to pass or
agree to any bill, joint resolution, amendment or conference
report carrying a Federal income tax rate increase. The
three-fifths vote would be of those present and voting. This
should be read in the context of section 214 of the
resolution which requires an automatic rollcall vote in the
House on the final passage of any bill, joint resolution or
conference report carrying a Federal income tax rate
increase.
Subsection (b) adds a new paragraph (d) to clause 5 or rule
XXI prohibiting the consideration of any bill, joint
resolution, amendment or conference report carrying a
retroactive Federal income tax rate increase. For purposes of
these rules the term ``Federal income tax rate increase'' is,
for example, an increase in the individual income tax rates
established in section 1, and the corporate income tax rates
established in section 11, respectively, of the Internal
Revenue Code of 1986.
Sec. 107. Comprehensive House Audit: This section is a
free-standing requirement that the Inspector General of the
House, during the 104th Congress, in consultation with the
Speaker and the Committee on House Oversight, conduct a
comprehensive audit of House financial records and
administrative operations, be authorized to contract with
independent auditing firms for such purposes, and report the
results of the audit as provided in House rule VI (``Office
of Inspector General''), which requires the submission of any
audit reports simultaneously to the Speaker, majority leader,
and the chairman and ranking minority members of the
Committee on House Oversight.
Sec. 108. Consideration of the ``Congressional
Accountability Act'': Sec. 108 is a free-standing, special
rule, permitting the consideration in the House, at any time
after the adoption of the House rules' resolution, of H.R. 1
(104th Congress), a bill to make certain laws applicable to
the legislative branch of the Federal Government, if offered
by the majority leader or a designee. The special rule
provides for one-hour of debate controlled equally by the
majority and minority leaders, or their designees, and orders
the previous question to final passage without intervening
motion except one motion to recommit. The bill would not be
subject to amendment unless offered as part of amendatory
instructions in the motion to recommit.
title ii. general
Title II consists of 23 additional sections under a single
introductory paragraph adopting the rules of the 103rd
Congress together with the further amendments contained in
those sections. As such, the 23 sections would not be subject
to a division of the question
[[Page H35]] and separate votes. These would be a single vote
on Title II following debate on it (and on any vote on a
motion to commit).
Sec. 201. Administrative Reforms: Subsection (a) strikes
from rule II references to the Doorkeeper as an elected House
Officer (the office is abolished) and add the office of Chief
Administrative Officer as a newly elected Officer of the
House.
Subsection (b) amends rule III (``Duties of the Clerk'') by
adding two new clauses, 7 and 8, requiring the Clerk to make
semi-annual reports on finances and operations of the Office,
to the Committee on House Oversight, and to cooperate with
the appropriate offices and persons conducting performance
reviews and audits of the Office's finances and operations.
Subsection (c) amends House rules IV, V, and VI as follows:
Rule IV (``Duties of the Sergeant-at-Arms''), is amended to
reflect the assumption by the Sergeant-at-Arms of certain
duties and responsibilities previously under the Doorkeeper;
to require semi-annual reports be made to the Committee on
House Oversight regarding the finances and operations of the
Office; and to require cooperation with appropriate persons
in the performance of reviews and audits.
Rule V, previously relating to the ``Duties of the
Doorkeeper,'' is replaced by a new rule relating to the
``Chief Administrative Officer'' who shall assume many of the
duties and functions previously vested in the Director of
Non-Legislative and Financial Services (rule VI, clause 1,
103rd Congress). Specifically, the Chief shall have
operational and financial responsibility for functions
assigned by the Speaker and Committee on House Oversight,
subject to their policy direction and oversight. In addition,
the Chief shall make semi-annual reports to the Committee on
House Oversight on the finances and operations of the Office,
and cooperate fully with appropriate offices and persons
conducting performance reviews and audits.
Rule VI, previously relating to the Director of Non-
Legislative and Financial Services and the Office of
Inspector General, is replaced by a new rule establishing the
Office of Inspector General. The Office of Director of Non-
legislative and Financial Services would be abolished by the
adoption of this new rule.
As with the previous rule VI, clause 2, the Inspector
General is to be appointed by the Speaker, majority leader,
and minority leader, acting jointly. The Inspector General
would be subject to the policy direction and oversight of the
Committee on House Oversight, and would be responsible for
conducting periodic audits of the financial and
administrative functions of the House and joint entities. The
audit responsibilities of the previous Inspector General were
confined to the financial functions under the Director of
Non-legislative and Financial Services, the Clerk, the
Sergeant-at-Arms and the Doorkeeper.
The new responsibilities are therefore broadened to include
all financial and administrative functions of the House and
joint entities. The existing reporting and consultation
requirements regarding any audits would be retained.
Specifically, the Inspector General would be required to
report simultaneously to the Speaker, majority leader, and
the chairman and ranking minority member of the Committee on
House Oversight any financial irregularities discovered, as
well as on the final results of any audit.
Moreover, the Inspector General is required to report to
the Committee on Standards of Official Conduct any potential
violations of House rules or laws applicable to the
performance of official duties or the discharge of official
responsibilities of any Member, officer or employee of the
House. The Committee on Standards of Official Conduct would
retain existing authority to refer any possible law
violations to the appropriate Federal or State authorities,
subject to House approval, under clause 4(e)(1)(C) of rule X.
Subsection (d) eliminates clause 3(j) of rule X which
established a bipartisan Subcommittee on House Oversight of
the former Committee on House Administration for the purpose
of receiving audit reports and exercising oversight of the
Clerk, Sergeant-at-Arms, Doorkeeper, Director of Non-
legislative and Financial Services, and the Inspector
General. These responsibilities will be assumed by the full
Committee on House Oversight.
Subsection (e) amends clause 4(d) of rule X, regarding the
additional functions of the Committee on House Oversight, by
making conforming changes reflecting the committee's new name
and changes made in the other Offices of the House.
Sec. 202. Changes in the Committee System: This section
rewrites clause 1 of rule X (``The Committees and Their
Jurisdiction''), to reflect the abolition of three
committees--District of Columbia, Merchant Marine and
Fisheries, and Post Office and Civil Service--the transfer of
their jurisdictions, and the renaming and jurisdictional
changes in other standing committees of the House.
Specifically, from the Committee on Merchant Marine and
Fisheries, the national security aspects of merchant marine
jurisdiction is transferred to the Committee on National
Security (formerly Armed Services); the Coast Guard
jurisdiction is transferred to the Committee on
Transportation and Infrastructure (formerly Public Works and
Transportation); and the fisheries, marine, non-national
security aspects of the merchant marine, oceanographic
affairs, and endangered species jurisdictions are transferred
to the Committee on Resources (formerly Natural Resources).
The Committee on Government Reform and Oversight (formerly
Government Operations), would assume the jurisdictions of the
committees on District of Columbia and Post Office and Civil
Service, except for the Franking Commission which goes to
House Oversight (formerly House Administration).
Approximately 20 percent of the jurisdiction of the former
Committee on Energy and Commerce (renamed the Committee on
Commerce by this resolution) would go to the following
committees: primary jurisdiction over Glass-Steagall reform
legislation to the Committee on Banking and Financial
Services (formerly Banking, Finance and Urban Affairs);
consolidation of food inspection jurisdiction to the
Committee on Agriculture; railroad jurisdiction to the
Committee on Transportation and Infrastructure; Trans-Alaska
Pipeline to the Committee on Resources; inland waterways
jurisdiction to Transportation and Infrastructure; and
consolidation of energy research and development jurisdiction
under the Committee on Science.
The Committee on the Budget would gain certain jurisdiction
over budgetary legislation from the Committee on Government
Reform and Oversight.
Other committee names changes include: Economic and
Educational Opportunities (formerly Education and Labor); and
International Relations (formerly Foreign Affairs).
Sec. 203. Oversight Reform: Subsection (a) adds two new
subparagraphs (d) and (e) at the end of clause 2 of rule X
(``General Oversight Responsibilities''). Paragraph (a)
requires each standing committee of the House, no later than
February 15 of the first session of a Congress, to adopt in
open session, with a quorum present, its oversight plans for
that Congress,
and to submit them to the committees on House Oversight and
Government Reform and Oversight.
Committees shall, to the maximum extent feasible, consult
with other committees having related jurisdictions to ensure
coordination and cooperation in formulating and implementing
oversight plans; give priority consideration to including in
its plans the review of those laws, programs or agencies
operating under permanent authority; and ensure that all laws
within their jurisdictions are subject to oversight review at
least once every ten years.
No expense resolution could be considered for any committee
which has not submitted its oversight plans to the Committee
on House Oversight and the Committee on Government Reform and
Oversight. Not later than March 31 of the first session of a
Congress, after consulting with the Speaker and majority and
minority leaders, the Committee on Government Reform and
Oversight shall publish the oversight plans of the various
committees, together with any recommendations made by the
joint leadership group to ensure the most effective
coordination of the plans.
Paragraph (e) of rule X, clause 2, authorizes the Speaker,
with the approval of the House, to appoint special, ad hoc
oversight committees for the purpose of reviewing specific
matters within the jurisdiction of two or more committees.
Subsection (b) of the resolution amends clause 1(d) of rule
XI, which now requires committee to submit an activity report
at the end of each Congress, to include in such reports
separate sections on the committees' legislative and
oversight activities, including a summary of the oversight
plans submitted and actions taken and recommendations made
with respect to each such plans, as well as any additional
oversight activities undertaken by the committees.
It is the intent of this section to ensure that committees
make a more concerted, coordinated and conscientious effort
to develop meaningful oversight plans at the beginning of
each Congress and to follow-through on their implementation,
with a view to examining the full range of the laws under
their jurisdiction over a period of five Congresses.
Sec. 204. Member Assignment Limits: Clause 6(b) of rule X,
relating to committee memberships, would be amended by adding
a new subparagraph (b) that would limit Members to no more
than two standing committee assignments and four subcommittee
assignments. The limitation would not apply to committee
chairman and ranking minority members who serve as ex officio
members of all subcommittees of their committees. Any
exceptions to these limits must be approved by the House upon
the recommendation of the respective party caucus or
conference.
The term subcommittee is defined for purposes of this
subparagraph as any panel (other than a special oversight
panel of the Committee on National Security), task force,
special subcommittee, or any subunit of a committee that is
established for a cumulative period of longer than six months
in a Congress.
It is the intent of this rule that any waivers by a party
caucus or conference be specifically approved before it is
presented to the House for consideration. If such party
caucus or conference recommendations are specifically
approved at the beginning of a Congress, the
election of committees by the House will be considered as
the requisite approval by the House of any exceptions to
the committee limitation. However, any exceptions to the
subcommittee limitation would
[[Page H36]] have to be reported to the House from the
respective party caucus or conference.
Sec. 205. Multiple Referral Reform: Clause 5(c) of rule X
(``Referral of Bills, Resolutions, and Other Matters to
Committees'') is amended to require the Speaker to designate
a committee of primary jurisdiction upon the initial referral
of a measure to a committee. The Speaker would have the
discretion to also refer the same measure to other committees
in sequence (sequential referral), either upon its initial
introduction or after the primary committee has reported,
subject to time limits for reporting by the secondary
committees; or to refer designated portions of the same
measure to other committees (split referral); or to refer a
measure to a special ad hoc committee consisting of
committees with shared jurisdictions over the measure.
This rule change differs from the present referral rule in
four significant respects. First, the designation of a
committee of primary jurisdiction is designed to ensure
greater accountability for legislation. Second, the rule
eliminates so-called joint referrals which technically gave
committees authority to consider the same portions of
legislation as other committees (though referrals are always
for consideration only of such provisions as fall within a
committee's jurisdiction). Third, giving the Speaker
discretion to make sequential or split referrals allows more
flexibility than the current requirement that every committee
having any jurisdiction over a measure, no matter how minor,
must receive a referral. And fourth, the ability of the
Speaker to designate a secondary committee for sequential
referral purposes upon the initial introduction of a measure
will allow that committee to proceed with its work on the
measure immediately, if it wishes.
Nothing in this rule should be construed to prevent a
secondary committee from reporting prior to the primary
committee. However, it is the intent of the rule to the
extent possible, to allow the primary committee to report
before a measure is scheduled for floor consideration, unless
it waives its right to report or the Speaker exercises
discretion to impose a time limit on the primary committee
for reporting and it fails to meet the deadline, in which
case it will be considered to have been discharged of the
measure.
Sec. 206. Accuracy of Committee Transcripts: Clause 2(e)(1)
of rule XI (``Committee Records''), is amended to require
that committee transcripts shall be a substantially verbatim
account of remarks actually made during proceedings, subject
only to technical, grammatical, and typographical corrections
authorized by the person making the remarks involved.
The current rule requires committees to keep a complete
record of all committee action, including a record of the
votes on any question on which a rollcall vote is demanded.
It is the intent of the new rule to require that where
stenographic transcripts are kept of committee meetings or
hearings, they not be subject to substantive changes by
either the persons making the remarks or by staff.
It is not the intent of this rule that all meeting and
hearing transcripts be published. However, in those instances
in which persons involved in a meeting or hearing are allowed
to review and correct their remarks before publication of the
transcripts, any corrections must be specifically authorized
by that person and cannot alter the substantive content of
the remarks.
To the extent a person making remarks wishes to elaborate on
any point, such substantive modifications should be
treated the same as extensions of remarks on House floor
speeches, i.e., they should be clearly delineated from
remarks actually made by being printed in a typeface that
is clearly distinguishable from verbatim remarks.
Sec. 207. Elimination of ``Rolling Quorums'': Clause
2(l)(2)(A) of rule XI is amended by striking the existing
provision which establishes a presumption that a committee
majority was actually present at the time a measure is
reported if the records of the committee show that a majority
of the committee responded on a rollcall vote on the
question, and prohibits a point of order to lie in the House
that a majority was not present unless the point of order was
timely made in the House.
In so doing, the rule change restores the previous
requirement that a ``majority of the committee was actually
present'' at the time a measure was ordered reported. The
fact that a committee orders a measure reported by voice vote
without a quorum present, and no point of order is made at
the time, does not prevent the point of order from being made
in the House when the measure is called-up for consideration.
It should also be emphasized that the requirement that a
majority be actually present at the time the measure is
reported from a committee means that a majority must be
contemporaneously assembled at the time the vote is taken.
Unlike a House floor vote during which Members may come and
go during the course of a vote, the committee quorum rule,
absent the old ``rolling quorum'' latitude, means a committee
can no longer simply leave a vote open until a sufficient
number of Members have responded to their names. Prior to the
``rolling quorum'' rule, the Committee on Rules has decided
against granting a rule when presented with evidence that a
majority was not actually present when the measure was
reported.
Sec. 208. Limitation on Committees' Sittings: Clause 2(i)
of rule XI, which currently prohibits committees from sitting
during a joint, House-Senate session or meeting, would be
amended to prohibit any committees except the committees on
Appropriations, Budget, Rules, Standards of Official Conduct,
and Ways and Means, from sitting while the House is reading a
measure for amendment under the five-minute rule. Special
leave to sit could be granted unless ten or more members
object to a unanimous consent request, or upon the adoption
by the House of a motion offered by the majority leader. This
restores the rule in existence prior to the 103d Congress,
with the only exception being the addition of a privileged
motion by the majority leader. It is anticipated that the
Speaker will again promulgate guidelines as to when and under
what circumstances special leave may be requested.
Sec. 209. Accountability for Committee Votes: Clause
2(l)(2)(B) of rule XI, which now requires that the results of
any rollcall vote to report a measure be included in a
committee report, would be amended to require that the names
of those members voting for and against any amendment or
motion to report a measure by rollcall vote be included in
the committee report.
It is the intent of this rule to provide for greater
accountability for record votes in committees and to make
such votes easily available to the public in committee
reports. At present, under clause 2(e)(1) of rule XI, the
public can only inspect rollcall votes on matters in the
offices of committees. It is anticipated that with the
availability of committee reports to the public through
electronic form the listing of votes in reports will be more
bill-specific than earlier
proposals to publish all votes in the Congressional Record
twice a year.
Sec. 210. Affirming the Minority's Right on Motions to
Recommit: Clause 4(b) of rule XI, which, among other things,
prohibits the Committee on Rules from denying a motion to
recommit as provided in clause 4 of rule XVI, would be
amended to clarify and ensure that such right includes the
right to offer amendatory instructions, otherwise in order
under the rules, in a motion to recommit, if offered by the
minority leader or a designee.
Exempted from this guarantee would be the motion to
recommit a Senate bill or resolution for which the text of a
House-passed measure has been substituted. This exemption
recognizes that the minority would already have had the
opportunity to offer a motion to recommit with instructions
on the original House-passed measure being substituted for
the Senate measure.
It is the intent of this rule to restore the original
purpose of clause 4(b) when it was adopted in 1909 to give
the minority a final opportunity to offer an amendment of its
choosing in a motion to recommit prior to the final passage
of a bill.
Sec. 211. Waiver Policy for Special Rules: Clause 4 of rule
XI, relating to the Rules Committee, is amended by adding a
new paragraph (e) at the end to require that whenever the
Rules Committee reports a resolution providing for the
consideration of a measure, it shall, to the maximum extent
possible, specify in the resolution any House rules being
waived against the measure or against its consideration.
It is the intent of this rule that Members be fully
informed as to what potential violations of House Rules are
involved in considering a bill. This in turn will require
committee chairmen to determine in advance of their Rules
Committee appearance what waivers they will seek, and to be
prepared to explain and defend those waivers before the Rules
Committee. It is the ultimate intent of the rule change that
Committee will be more careful prior to reporting a measure
to ensure against any rules violations in the bill or report.
While the failure of the Rules Committee to specify waivers
in a rule would not give rise to a point of order against a
special rule that waives all points of order, it is expected
that the Rules Committee will, in all but the most time-
sensitive situations, endeavor to determine what specific
waivers are required and to detail them in the rule.
Sec. 212. Prohibition on Delegate Voting in Committee of
the Whole: Subsection (a) amends rule XII (``Resident
Commissioner and Delegates'') by striking clause 2 which now
entitles the Resident Commissioner from Puerto Rico and each
Delegate to the House to the same powers and privileges in
the Committee of the Whole on the state of the Union as other
House Members.
Subsection (b) amends clause 1 of rule XXIII (``Of
Committees of the Whole House'') by striking ``Resident
Commissioner, or Delegate'' as being eligible for appointment
by the Speaker to chair the Committee of the Whole.
Subsection (c) amends clause 2 of rule XXIII by striking
paragraph (d) which provided for an immediate re-vote in the
House whenever the votes of the Resident Commissioner and
Delegates were decisive to the outcome of a vote in the
Committee of the Whole.
Sec. 213. Accuracy of the Congressional Record: Rule XIV
(``Of Decorum and Debate'') is amended by adding a new clause
9 requiring that the Congressional Record be a substantially
verbatim account of remarks made during debate. Members could
only authorize technical, grammatical and typographical
corrections. Unparliamentary remarks could only be deleted by
permission or order of the House. However, Members may
[[Page H37]] still insert undelivered remarks so long as they
are delineated by a different typeface. Breaches of the rule
could be subject to investigation by the Committee on
Standards of Official Conduct.
Sec. 214. Automatic Rollcall Votes: Rule XV (``On Calls of
the Roll and House'') is amended by adding a new clause 7 to
require an automatic rollcall vote on the final passage or
adoption of any bill, joint resolution, or conference report,
making general appropriations, increasing Federal income tax
rates, or on final adoption of a budget resolution or a
conference report thereon.
Sec. 215. Appropriations Reforms: Subsection (a) amends
clause 2(d) of rule XXI (``On Bills'') by providing that
motions to rise and report an appropriations bill after the
bill has been read for amendment shall only have precedence
if offered by the majority leader or a designee. Under
current rules, so-called limitation amendments not
specifically contained or authorized in existing law, may
only be offered if the motion to rise is not offered or is
rejected after other amendments to the bill have been
disposed of. The intent of the new rule is to permit the
offering of limitation amendments at the end of the reading,
subject only to a motion to rise offered by the majority
leader or a designee.
Subsection (b) adds a new paragraph (e) to clause 2 of rule
XXI to prohibit reporting any non-emergency matter in an
appropriations bill containing an emergency designation under
the Budget Act. The only exceptions are for provisions which
rescind budget authority, reduce direct spending authority,
or reduce the amount for a designated emergency. While the
Committee on Appropriations could evade this prohibition by
giving an entire bill an emergency designation, it is the
clear intent of this rule that no non-emergency items should
be given such blanket coverage. Let exposed, as they should
be, such non-emergency items would be subject to deletion if
a point of order is made and sustained.
It is not the intent of this rule to make in order any
amendments not otherwise in order under the rules. Thus, any
amendments to rescind or reduce direct spending must be
germane to the bill as reported or be given special
protection by way of a special rule reported by the Rules
Committee and adopted by the House.
Subsection (c) amends clause 2 of rule XXI by adding a new
paragraph (f) to permit the offering of so-called offsetting
amendments in appropriations bill. At present, appropriations
measures are read for amendment by paragraph, meaning it is
not possible to offer an amendment that is deficit neutral if
it goes to paragraphs not yet pending. The new rule would
allow the offering of such off-setting amendments en bloc and
not subject to a division of the question in the House or the
Committee of the Whole.
When such an en bloc amendment is offered, and prior to the
debate on it, the chair will ask whether there are any points
of order against any portion of the bill covered by the
amendment. If such a point of order is sustained, and the
provision in the bill stricken, the amendment would no longer
be in order as a proper offset.
To qualify as an offsetting amendment for purposes of this
paragraph, the proponent must be able to demonstrate that the
net effect of the amendment would not increase overall budget
authority or outlays in the bill. Since appropriations bills
only contain the amount of budget authority being
appropriated, it should be kept in mind that the off-setting
numbers may not be the same since the ultimate test is
whether the amendment does not increase the deficit--and
deficits are determined by outlays in a fiscal year, not by
the amount of budget authority appropriated for a particular
matter. It will therefore be necessary for the author of an
offsetting amendment to work closely with the Congressional
Budget Office to ensure that the bottom line amendment makes
equivalent increases and decreases in outlays resulting from
the changes in budget authority.
Subsection (d) amends clause 3 of rule XXI to require that
the Committee on Appropriations include in its report a list
of all appropriations contained in a bill for any expenditure
not previously authorized by law (except for classified
intelligence or national security programs, projects or
activities). Clause 3 already requires that committee reports
include a listing of legislative provisions contained in the
bill. Since the point of order under clause 2 of rule XXI
lies against both unauthorized and legislative provisions, it
is only reasonable that the report should contain information
on both. It is the intent of this rule that the test of
compliance will be whether the committee has made a good
faith effort to include all unauthorized matters in its
report that it is aware of. The inadvertent omission of an
unauthorized matter in a committee report will not give rise
to a point of order against the consideration of the bill,
though a point of order would still lie against the provision
in the bill.
Subsection (e) adds a new clause 8 to rule XXI to provide
for the automatic reservation of points of order against
provisions in an appropriations bill at the time the report
on it is filed. Under current rules, the points of order
under clause 2 of rule XXI are against the reporting of any
unauthorized or legislative provision in an appropriations
bill. This means that, for a point of order to be valid, it
must be raised or reserved at the time the measure is
actually reported, that is, at the time the report is filed
in the House. This has required that a minority
representative of the committee accompany the majority member
filing the report in order to reserve points of order at the
time the report is filed. Under the new rule, it will no
longer be necessary to reserve points of order at the time an
appropriations bill is filed. Members' rights to later raise
such points of order will automatically be protected.
Sec. 216. Ban on Commemoratives: Subsection (a) amends
clause 2 of rule XXII (``Of Memorial, Bills and
Resolutions'') by prohibiting the introduction or
consideration of any bill, resolution, or amendment which
establishes or expresses any commemoration. For purposes of
the new rule, a commemoration is defined as ``any
remembrance, celebration, or recognition for any purpose
through the designation of a specified period of time.''
The existing clause 2, which would be retained as paragraph
(a), includes a similar prohibition against the receipt or
consideration by the House of private bills, resolutions or
amendments authorizing or directing the payment of money for
certain property damages or for personal injury or death for
which suit may be instituted under the Tort Claims procedure;
for the construction of a bridge across a navigable stream;
or for the correction of a military or naval record.
The new ban on date-specific commemorative measures or
amendments applies to both the introduction and consideration
of any measure containing such a commemorative. This is
intended to include measures in which such a commemorative
may only be incidental to the overall purpose of the measure.
Such measures will be returned to the sponsor if they are
dropped in the legislative hopper. The prohibition against
consideration also extends to any measures received from the
Senate which contain date-specific commemorative. While it
does not block their receipt from the other body, it is
intended that such measures would not be referred to the
appropriate committee of the House or be considered by the
House. Instead, they would simply be held at the desk without
further action. Should such a commemorative be included in a
conference report or Senate amendment to a House bill, the
entire conference report or Senate amendment would be subject
to a point of order.
While the ban does not apply to commemorative which do not
set aside a specified period of time, and instead simply call
for some form of national recognition, it is not the intent
of the rule that such alternative forms should become a new
outlet for the consideration of such measures. Thus, while
they could be referred to an appropriate committee, it is not
expected that such committees should feel obligated or
pressured to establish special rules for their release to the
House floor. Nor should it be expected that the Rule
Committee should become the new avenue for regular waivers of
the rule against date specific commemorative. Such exceptions
should be limited to those rare situations warranting special
national recognition as determined by the Leadership.
Subsection (b) is a free-standing directive to the
Committee on Government Reform and Oversight to consider
alternative means for establishing commemorations, including
the creation of an independent or Executive branch commission
for such purpose, and to report to the House its
recommendations thereon.
Sec. 217. Numerical Designation of Amendments: Clause 6 of
rule XXIII (``Of Committees of the Whole'') is amended to add
a new sentence requiring that amendments submitted for
printing in the amendments portion of the Congressional
Record be given a numerical designation in the sequence
submitted for a particular bill.
The clause already requires that amendments printed in the
Record be allowed five minutes of debate for and against,
even if the Committee of the Whole has voted to close debate
on a particular section or paragraph, and that time has
expired. It is the purpose of this further amendment to the
rule to facilitate reference to such amendments for the
convenience of Members and committee managers alike, and to
encourage Members to utilize the pre-printing option for
their amendments.
The new rule may also make it possible for the Committee on
Rules to reference numerically designated amendments in
special rules that structure the amendment process since the
Congressional Record is often more readily available to
Members and their staff than are Rules Committee reports.
Sec. 218. Pledge of Allegiance: Clause 1 of rule XXIV
(``Order of Business'') is amended to insert the Pledge of
Allegiance as the third order of business each day in the
House, following the approval of the Journal and preceding
the correction of reference of public bills. This change
codifies a practice in effect in the House since 1988.
Sec. 219. Discharge Petitions: Clause 3 of rule XXVII
(``Change or Suspension of the Rules'') is amended to require
that the Clerk publish in the Congressional Record on the
last day of House session each week the names of those
Members who have signed a discharge motion during that week,
and to make available on a daily basis, in an appropriate
office, the cumulative lists of names of those Members who
have signed pending discharge motions. Finally, the new rule
directs the Clerk to devise a means for making such names on
discharge petitions available to House offices and the public
by electronic form.
[[Page H38]] In the 103d Congress, the House adopted a new
rule making the names of Members signing discharge petitions
immediately available for public inspection. However, the
rule change did not specify how such publication was to be
accomplished. This rule change codifies the current practice
of daily availability of all motions and signatures in a
House office, and the weekly publication of new signatures in
the Congressional Record. The directive regarding making such
lists available by computer is in line with other ongoing
initiatives to make House documents generally available to
the public through computer networks.
Sec. 220. Protection of Classified Materials: Rule XLIII
(``Code of Official Conduct'') would be amended by adding a
new clause 13 requiring that any Member, officer or employee
of the House take an oath or affirmation on non-disclosure of
classified information prior to being given access to such
materials. Copies of the executed oath would be retained by
the Clerk of the House as part of the records of the House.
Sec. 221. Select Committee on Intelligence: Subsection (a)
amends clause 1(a) of rule XLVIII (``Permanent Select
Committee on Intelligence'') to change the composition of the
committee from 19 to 16 members, of whom not more than nine
may be of the same political party.
Subsection (b) amends clause 1(b) of rule XLVIII, to
substitute the Speaker for the majority leader as a non-
voting ex officio member of the committee, along with the
minority leader. The subsection also allows both the Speaker
and minority leader to designate one of their leadership
staff to assist them in their roles as ex officio members of
the committee, with all the same rights, privileges, and
requirements as if members of the select committee staff. The
purpose of this clause is to allow designated leadership
staff the same access to committee documents and materials,
briefings, hearings, and meetings, without having to become
committee staff members for such access. A conforming changes
is made by striking subparagraph (c)(3) of clause 7 which
permits the Speaker to attend any select committee meeting
and have access to any committee information.
Subsection (c) amends clause 1 of rule XLVIII to extend
from three (in any five consecutive Congresses) to four (in
any six consecutive Congresses) the number of consecutive
Congresses any Member (other than the Speaker and minority
leader) may serve on the select committee, and to permit a
chairman or ranking minority member who attain those
positions in their fourth terms on the committee to serve in
those positions for an additional term.
Subsection (d) amends clause 2(a) of rule XLVIII to clarify
the committee's jurisdiction to reflect current referral
practices.
Sec. 222. Abolition of Legislative Service Organizations:
This is a free-standing provision that prohibits in the 104th
Congress the establishment or continuation of any legislative
service organization (as the term is defined and authorized
in the 103rd Congress). The Committee on House Oversight is
authorized to take necessary steps to ensure the orderly
termination and accounting for funds of any such LSO in
existence on January 3, 1995. So-called LSO's are those
organizations recognized through the House Administration
Committee in the 103rd Congress which are allowed to utilize
Member Clerk hire funds for the staffing of such special
purpose organizations. It is the intent of this rule that the
Committee on House Oversight will oversee the shut-down of
such organizations in a manner to ensure the maximum
accountability possible for any funds allocated for their
operation. This is especially important in view of the
comprehensive audit required by section 107 of the
resolution.
Sec. 223. Miscellaneous Provisions and Clerical
Corrections: Subsection (a) amends clause 5(b)(1) of rule I
(``Duties of the Speaker'') to expand the Speaker's current
authority to postpone votes on certain matters for up to two
legislative days to include the previous question votes on
adopting a resolution, passing a bill, instructing conferees,
or agreeing to a conference report. At present, the only
previous question vote the Speaker may postpone is on a
privileged resolution from the Rules Committee.
Subsection (b) establishes an Office for Legislative Floor
Activities in the Office of the Speaker, and authorizes the
Speaker to appoint and set the pay for floor assistants to
assist him in managing legislative floor activity.
Subsection (c) amends clause 2(d) of rule XI by allowing
the chairman of a committee to designate any member of the
committee, or of any subcommittee thereof, as vice chairman,
to preside in the chairman's absence. The present rule
specifies that the ranking majority member shall serve as
vice chairman.
Subsection (d) amends clause 7 of rule XIV (``Of Decorum
and Debate'') to include in those provisions of prohibited
activities on the House floor the use of personal, electronic
office equipment, including cellular phones and computers. It
is the purpose of this new rule to avoid the disruptions and
distractions that can be caused by the sounds emitted from
such equipment. As with any disruption to the decorum of
House floor debate, it is anticipated that the Speaker could
instruct the Sergeant-at-Arms to take necessary steps to
restore order.
Subsection (e) amends clause 5(b) of rule XV (``On Calls of
the Roll and House'') to permit the Speaker to reduce to
five-minutes the vote that occurs following the vote on the
previous question on any matter. The present rule confines
this authority to the vote following the previous question
vote only on a special rule from the Rules Committee.
Subsection (f) makes clerical corrections in clause 3 of
rule III, ``Duties of the Clerk'' by inserting ``and'' prior
to the last in a series of clauses; and in clause 2(l)(1)(B)
of rule XI by striking a reference to subdivision (C) that
had been previously repealed.
Subsection (g) is a free-standing provision that permits
more than one prime sponsor on the first 20 bills and the
first three joint resolutions introduced in the House in the
104th Congress. This is done to permit the Leadership to
designate multiple-authors of certain priority legislation.
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N O T I C E
Incomplete record of House proceedings.
Today's House proceedings will be continued in the next issue of the Record.
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Vol. 141 WASHINGTON, WEDNESDAY, JANUARY 4, 1995 No. 1
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