[House Report 104-340]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-340
_______________________________________________________________________


 
   TECHNICAL CORRECTIONS IN THE RULES OF THE HOUSE OF REPRESENTATIVES
                                _______


 November 14, 1995.--Referred to the House Calendar and ordered to be 
                                printed

                                _______


   Mr. Solomon, from the Committee on Rules, submitted the following

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                       [To accompany H. Res. 254]

  The Committee on Rules, to whom was referred the resolution 
(H. Res. 254) making technical corrections in the Rules of the 
House of Representatives, having considered the same, report 
favorably thereon with amendments and recommend that the 
resolution as amended be adopted.
  The amendments (stated in terms of the page and line numbers 
of the introduced resolution) are as follows:
  Page 1, line 3, insert the following (and redesignate 
subsequent paragraphs accordingly):

          (1) In clause 3 of rule III, insert ``as may be 
        requested by such State officials'' after ``the 
        legislature of every State''.


    Page 4, after line 16, add the following:

SEC. 2. EFFECTIVE DATE.

  The amendments made by the first section of this resolution 
shall be effective on the date of the adoption of this 
resolution except that paragraphs (20) and (21) of that section 
shall be effective on January 1, 1996.

                       Purpose of The Resolution

    The purpose of this resolution is to make technical and 
conforming corrections to the Rules of the House of 
Representatives to reflect the intent of amendments to the 
Rules of the House adopted during the 104th Congress.

                       Summary of The Resolution

    H. Res. 254 makes technical and conforming changes to the 
Rules of the House of Representatives in the following areas:
          Office of the Inspector General;
          Committee on National Security;
          Committee on Small Business;
          Special oversight functions of the Committee on 
        Resources;
          Special oversight functions of the Committee on 
        Commerce;
          3-day layover for filing of supplemental, minority, 
        or additional views, committee reports, appropriations 
        hearings and reports, conference reports, and Senate 
        amendments to measures reported in disagreement;
          Committee broadcast rules;
          Committee staffs;
          Correction Calendar;
          Privilege for measures reported by the Committee on 
        Ways and Means;
          Unfunded mandate reform; and
          Gift Rule.

                        Committee Consideration

    H. Res. 254 was introduced in the House of Representatives 
on November 7, 1995. On Tuesday, November 14, 1995, the 
Committee met to markup H. Res. 254. The Committee favorably 
reported H. Res. 254 by a nonrecord vote. During the markup, 2 
amendments to H. Res. 254 were agreed to.

                 Background and Need for the Resolution

    On January 4, 1995, the House of Representatives approved 
H. Res. 6, adopting the Rules of the House for the 104th 
Congress. That resolution implemented sweeping changes to the 
rules under which the House previously operated. During the 
first session of the 104th Congress, the House approved 
additional changes to House rules. These include creating new 
points of order, established by the Unfunded Mandates Reform 
Act, to ensure that members can have a vote on unfunded Federal 
mandates contained in future legislation; abolishing the 
``Consent Calendar'' and establishing in its place a 
``Corrections Calendar''; and establishing new rules limiting 
the acceptance of gifts by Members, officers and employees of 
the House.
    As a result of these changes, a number of duplicative 
provisions and grammatical and typographical errors need to be 
corrected to ensure that the Rules of the House reflect their 
true intent. In addition, the resolution clarifies a number of 
long-standing parliamentary interpretations to ensure 
consistency of parliamentary practice in the House.

                         Analysis of Resolution

    H. Res. 254 (as amended) consists of 21 amendments to the 
Rules of the House of Representatives.
    Paragraph (1) amends rule III, clause 3 by inserting ``as 
may be requested by such State officials'' after ``the 
legislature of every State''.'' The Clerk of the House would 
only be required to send printed copies of the Journal to State 
executives and legislatures at the end of each session if it is 
requested by such State officials.
    Paragraph (2) amends rule IX, clause 3(d) (relating to 
periodic audits by the Inspector General) by inserting ``the 
minority leader,'' after ``the majority leader,''. The 
Inspector General is appointed jointly by the Speaker, majority 
leader and minority leader and this amendment reflects the 
intent that audit reports be submitted to all three as well.
    Paragraph (3) amends rule X, clause 1(k) (relating to the 
jurisdiction of the National Security Committee) in paragraph 
(8) by striking the word ``the'' before ``Defense'' to read 
``the Department of Defense.''
    Paragraph (4) amends rule X, clause 1(o) relating to the 
jurisdiction of the Small Business Committee) in paragraph (2) 
to bring the word ``and'' inside the parentheses to read ``(and 
its general oversight function under clause 2(b)(1) * * *''.
    Paragraph (5) amends rule X, clause 3 (relating to 
``Special Oversight Functions'') in paragraph (e) (relating to 
the Committee on Resources) by striking ``and nonmilitary 
nuclear energy and research and development including the 
disposal of nuclear waste'', to reflect the transfer of both 
the legislative and special oversight responsibilities over 
these matters from the Resources Committee to the Commerce 
Committee with adoption of H. Res. 6 in the 104th Congress.
    Paragraph (6) amends rule X, clause 3, in paragraph (h) by 
inserting under the Commerce Committee's special oversight 
functions the nonmilitary nuclear energy and research and 
development including the disposal of nuclear waste.
    Paragraph (7) amends rule XI, clause 2(l) in paragraph (5) 
to read, with respect to calendar days, ``(excluding Saturdays, 
Sundays, or legal holidays except when the House is in session 
on such a day)''. This conforms with past parliamentary 
interpretations that Saturdays, Sundays, and legal holidays are 
considered calendar days when the House of Representatives is 
in session on such days, for purposes of filing supplemental, 
minority, or additional views.
    Paragraph (8) amends rule XI, clause 2(l) in paragraph (6) 
to read, with respect to calendar days ``the third calendar day 
(excluding Saturdays, Sundays, or legal holidays except when 
the House is in session on such day)''. This conforms with past 
parliamentary interpretations that Saturdays, Sundays, and 
legal holidays may be considered calendar days when the House 
of Representatives is in session on such days for purposes of 
matters or measures reported by committees (other than the Rule 
Committee in certain circumstances).
    Paragraph (9) amends rule XI, clause 3 (``Broadcasting of 
Committee Hearings'') so that the heading will read: 
``Broadcasting of Committee Hearings and Meetings''. This is 
done to reflect the fact that the broadcast rule has also 
applied to meetings as well as hearings, dating back to a rule 
change made on July 22, 1974, to permit broadcast coverage of 
the Judiciary Committee's impeachment deliberations.
    Paragraph (10) amends rule XI, clause 3 (``Broadcasting of 
Committee Hearings'') in paragraph (f) to reflect the deletion 
of a former provision in paragraph (e) regarding the adoption 
of committee rules governing the broadcasting of committee 
meetings and hearings. Since committees are now required under 
House Rules to permit broadcast coverage of any hearing or 
meeting which is open to the public, the broadcast rule 
provision is now required under paragraph (f) in place of the 
erroneous reference to the provision in paragraph (e).
    Paragraph (11) amends rule XI, clause 6 (``Committee 
Staffs'') in subparagraph (b)(2) by striking ``This paragraph'' 
and replacing it with ``Subparagraph (1)'' to clarify that 
``associate'' and ``shared'' staff referred to in subparagraph 
(2) who are not paid exclusively by a committee, are not 
subject to the requirement in subparagraph (1) that 
``professional staff'' only perform committee work.
    Paragraph (12) amends rule XIII, clause 4 (relating to the 
Corrections Calendar), in paragraph (a) by moving the period 
inside the quotation marks to read ``Corrections Calendar.''.
    Paragraph (13) amends rule XIII, clause 4, (relating to the 
Corrections Calendar), in paragraph (b) to insert ``shall be'' 
before ``debatable''; insert ``and'' before ``shall not be 
subject to amendment''; and strike ``committee, and the 
previous question'' and insert ``committee or a designee. The 
previous question''. This forms a new sentence regarding the 
ordering of the previous question to correct a run-on sentence 
and, with respect to amendments offered by the chairman of the 
primary committee, permit such amendments to be offered by a 
Member so designated by the chairman.
    Paragraph (14) amends rule XIII, clause 4 (relating to the 
Corrections Calendar) in paragraph (c) to capitalize the word 
``Members''.
    Paragaph (15) amends rule XVI (``On Motions, Their 
Precedence, Etc.'') in clause 9 by deleting the provision 
permitting a privileged motion to resolve into the Committee of 
the Whole House on the State of the Union to consider ``bills 
raising revenue''. The authority of the Ways and Means 
Committee to report revenue bills as privileged was deleted 
from rule XI, clause 4(a) effective January 3, 1975, thereby 
taking with it the ability to offer a privileged motion to 
resolve into the Committee of the Whole to consider such bills.
    Paragraph (16) amends rule XXI, clause 7 to read, with 
respect to calendar days, ``excluding Saturday, Sundays, or 
legal holidays except when the House is in session on such a 
day)''. This conforms with past parliamentary interpretations 
that Saturdays, Sundays, and legal holidays may be considered 
calendar days when the House of Representatives is in session 
on such days, for purposes of consideration of general 
appropriations bills.
    Paragraph (17) amends rule XXIII (``Of committees of the 
Whole House'') in clause 5(c) to correct a reference to read 
``section 424(a)(1) of the Congressional Budget Act of 1974'' 
instead of ``section 424(a)(1) of the Unfunded Mandate Reform 
Act of 1995''.
    Paragraph (18) amends rule XXVIII, clause 2(a) to read, 
with respect to calendar days, ``(excluding Saturdays, Sundays, 
or legal holidays except when the House is in session on such a 
day)''. This conforms with past parliamentary interpretations 
that Saturdays, Sundays, and legal holidays may be considered a 
calendar day when the House of Representatives is in session on 
such a day, for purposes of consideration of conference 
reports.
    Paragraph (19) amends rule XXVIII, clause 2(b) in paragraph 
(1) to read, with respect to calendar days, ``(excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day)''. This conforms with past 
parliamentary interpretations that Saturdays, Sundays, and 
legal holidays may be considered calendar days when the House 
of Representatives is in session on such days, for purposes of 
consideration of Senate amendments to measures reported in 
disagreement.
    Paragraph (20) amends rule XLIII, clause 4 to read as 
follows: ``4. A Member, officer, or employee of the House of 
Representatives shall not accept gifts except as provided by 
the provision of rule LII (``Gift Rule'').''. The House adopted 
gift rule changes that are now reflected in rule LII. This 
amendment is needed to reflect that change and to cross 
reference the gift rule so that it remains part of the ``Code 
of Official Conduct''.
    Paragraph (21) repeals the last undesignated paragraph of 
rule XLIII (definition of ``relative'' for purposes of clause 
4). Clause 4 is made obsolete by the new gift rule (rule LII). 
A more expansive definition of the term ``relative'' is also 
contained in Section 109 of the Ethics in Government Act of 
1978 (clause 2 of rule XLIV [``Financial Disclosure'']).
    Section 2 establishes as the effective date the date of the 
adoption of the resolution, except that paragraphs (20) and 
(21) shall be effective on January 1, 1996.

             Matters Required Under the Rules of the House

                             Committee Vote

    Clause 2(l)(2)(B) of rule XI requires each committee report 
to accompany any bill or resolution of a public character, 
ordered to be reported, to include the total number of votes 
cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. On 
November 14, 1995, the Committee ordered H. Res. 254, as 
amended, reported to the House, by a nonrecord vote, a quorum 
being present.

                        committee Cost Estimate

    Clause 2(l)(3)(B) of rule XI requires each committee report 
that accompanies a measure providing new budget authority, new 
spending authority, or new credit authority or changing 
revenues or tax expenditures to contain a cost estimate, as 
required by section 308(a)(1) of the Congressional Budget Act 
of 1974, as amended and, when practicable with respect to 
estimates of new budget authority, a comparison of the total 
estimated funding level for the relevant program (or programs) 
to the appropriate levels under current law. Clause 7(a) of 
rule XIII requires committees to include their own cost 
estimates in certain committee reports, which include, when 
practicable, a comparison of the total estimated funding level 
for the relevant program (or programs) with the appropriate 
levels under current law.
    No cost estimate is required under this section because the 
resolution does not provide new budget authority, new spending 
authority, or new credit authority, nor does the resolution 
provide an increase or decrease in tax expenditures.

                 congressional budget office estimates

    Clause 2(l)(3)(C) of rule XI requires each Committee to 
include a cost estimate prepared by the Director of the 
Congressional Budget Office, pursuant to section 403 of the 
Congressional Budget Act of 1974, if the cost estimate is 
timely submitted. No cost estimate was received from the 
Director of the Congressional Budget Office.

                       Inflation impact statement

    Clause 2(l)(4) of rule XI requires each committee report on 
a bill or joint resolution of a public character to include an 
analytical statement describing what impact enactment of the 
measure would have on prices and costs in the operation of the 
national economy. The Committee has determined that the 
resolution has no inflationary impact on the nation's economy.

                           oversight findings

    Clause 2(l)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Committee has no 
oversight findings.

 oversight findings and recommendations of the committee on government 
                          reform and oversight

    Clause 2(l)(3)(D) of rule XI requires each committee report 
to contain a summary of the oversight findings and 
recommendations made by the Government Reform and Oversight 
Committee pursuant to clause 4(c)(2) of rule X, whenever such 
findings have been timely submitted. The Committee on Rules has 
received no such findings or recommendations from the Committee 
on Government Reform and Oversight.

                           comparative print

  Clause 4(d) of rule XI requires that, whenever the Committee 
on Rules reports a resolution amending or repealing the Rules 
of the House of Representatives, the accompanying report must 
contain a comparative print showing the changes in existing 
rules proposes to be made by the resolution.
  Changes in existing Rules of the House of Representatives 
made by the resolution, as reported, are shown as follows 
(existing rules proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing rules in 
which no change is proposed is shown in roman):

                 RULES OF THE HOUSE OF REPRESENTATIVES

                                 Rule I

          * * * * * * *

                                Rule III

                          duties of the clerk

          * * * * * * *
  3. He shall note all questions of order, with the decisions 
thereon, the record of which shall be printed as an appendix to 
the Journal of each session; and complete, as soon after the 
close of the session as possible, the printing and distribution 
to Members, Delegates, and the Resident Commissioner from 
Puerto Rico of the Journal of the House, together with an 
accurate and complete index; retain in the library at his 
office, for the use of the Members, Delegates, the Resident 
Commissioner from Puerto Rico and officers of the House, and 
not to be withdrawn therefrom, two copies of all the books and 
printed documents deposited there; send, at the end of each 
session, a printed copy of the Journal thereof to the executive 
and to each branch of the legislature of every State as may be 
requested by such State officials; deliver or mail to any 
Member, Delegate, or the Resident Commissioner from Puerto Rico 
an extra copy, in binding of good quality, of each document 
requested by that Member, Delegate, or the Resident 
Commissioner which has been printed, by order of either House 
of the Congress, in any Congress in which he served; attest and 
affix the seal of the House to all writs, warrants, and 
subpoenas issued by order of the House; and certify to the 
passage of all bills and joint resolutions.
          * * * * * * *

                                Rule VI

                      office of inspector general

  1. There is established an Office of Inspector General.
          * * * * * * *
  3. Subject to the policy direction and oversight of the 
Committee on House Oversight, the Inspector General shall be 
responsible only for--
          (a) * * *
          * * * * * * *
          (d) simultaneously submitting to the Speaker, the 
        majority leader, the minority 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
          * * * * * * *

                                 Rule X

         establishment and jurisdiction of standing committees

The Committees and Their Jurisdiction
  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) * * *
          * * * * * * *
  (k) Committee on National Security.
  (1) * * *
          * * * * * * *
  (8) Tactical intelligence and intelligence related activities 
of the Department of [the] Defense.
          * * * * * * *
  (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] (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.
          * * * * * * *

                      Special Oversight Functions

  3. (a) * * *
          * * * * * * *
  (e) The Committee on Resources shall have the function of 
reviewing and studying, on a continuing basis, all laws, 
programs, and Government activities dealing with Indians [and 
nonmilitary nuclear energy and research and development 
including the disposal of nuclear waste].
          * * * * * * *
  (h) The Committee on Commerce shall have the function of 
reviewing and studying on a continuing basis, all laws, 
programs and government activities relating to nuclear and 
other [energy] energy, and nonmilitary nuclear energy and 
research and development including the disposal of nuclear 
waste.
          * * * * * * *

                                Rule XI

                   rules of procedure for committees

Committee Rules
Adoption of written rules
          * * * * * * *
  2. (a) * * *
          * * * * * * *
Committee procedures for reporting bills and resolutions
  (l)(1) * * *
          * * * * * * *
  (5) If, at the time of approval of any measure or matter by 
any committee, other than the Committee on Rules, any member of 
the committee gives notice of intention to file supplemental, 
minority, or additional views, that member shall be entitled to 
not less than three calendar days [(excluding Saturdays, 
Sundays, and legal holidays)] (excluding Saturdays, Sundays, or 
legal holidays except when the House is in session on such a 
day) in which to file such views, in writing and signed by that 
member, with the clerk of the committee. All such views so 
filed by one or more members of the committee shall be included 
within, and shall be a part of, the report filed by the 
committee with respect to that measure or matter. The report of 
the committee upon that measure or matter shall be printed in a 
single volume which--
          (A) * * *
          * * * * * * *
  (6) A measure or matter reported by any committee (except the 
Committee on Rules in the case of a resolution making in order 
the consideration of a bill, resolution, or other order of 
business), shall not be considered in the House until [the 
third calendar day, excluding Saturdays, Sundays, and legal 
holidays] the third calendar day (excluding Saturdays, Sundays, 
or legal holidays except when the House is in session on such a 
day) on which the report of that committee upon that measure or 
matter has been available to the Members of the House, or as 
provided by section 305(a)(1) of the Congressional Budget Act 
of 1974 in the case of a concurrent resolution on the budget: 
Provided, however, That it shall always be in order to call up 
for consideration, notwithstanding the provisions of clause 
4(b) of rule XI, a report from the Committee on Rules 
specifically providing for the consideration of a reported 
measure or matter notwithstanding this restriction. If hearings 
have been held on any such measure or matter so reported, the 
committee reporting the measure or matter shall make every 
reasonable effort to have such hearings printed and available 
for distribution to the Members of the House prior to the 
consideration of such measure or matter in the House. This 
subparagraph shall not apply to--
          (A) * * *
          * * * * * * *

            Broadcasting of Committee Hearings and Meetings

  3. (a) It is the purpose of this clause to provide a means, 
in conformity with acceptable standards of dignity, propriety, 
and decorum, by which committee hearings, or committee 
meetings, which are open to the public may be covered, by 
television broadcast, radio broadcast, and still photography, 
or by any of such methods of coverage--
          (1) * * *
          * * * * * * *
  [(f) The written rules which may be adopted by a committee 
under paragraph (e) of this clause shall contain provisions to 
the following effect:] (f) Each committee of the House shall 
adopt written rules to govern its implementation of this 
clause. Such rules shall include provisions to the following 
effect:
          (1) * * *
          * * * * * * *

                            Committee Staffs

  6. (a) * * *
  (b)(1) * * *
  (2) [This paragraph] Subparagraph (1) 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.
          * * * * * * *

                               Rule XIII

                  calendars and reports of committees

          * * * * * * *
  4. (a) After a bill has been favorably reported and placed on 
either the Union or House Calendar, the Speaker may, after 
consultation with the Minority Leader, file with the Clerk a 
notice requesting that such bill also be placed upon a special 
calendar to be known as the ``Corrections Calendar[''.].'' On 
the second and fourth Tuesdays of each month, after the Pledge 
of Allegiance, the Speaker may direct the Clerk to call the 
bills in numerical order which have been on the Corrections 
Calendar for three legislative days.
  (b) A bill so called shall be considered in the House, shall 
be debatable for one hour equally divided and controlled by the 
chairman and ranking minority member of the primary committee 
of jurisdiction reporting the bill, and shall not be subject to 
amendment except those amendments recommended by the primary 
committee of jurisdiction or those offered by the chairman of 
the primary [committee, and the previous question] committee or 
a designee. The previous question shall be considered as 
ordered on the bill and any amendment thereto to final passage 
without intervening motion except one motion to recommit with 
or without instructions.
  (c) A three-fifths vote of the [members] Members voting shall 
be required to pass any bill called from the Corrections 
Calendar but the rejection of any such bill, or the sustaining 
of any point of order against it or its consideration, shall 
not cause it to be removed from the Calendar to which it was 
originally referred.
          * * * * * * *

                                Rule XVI

                   on motions, their precedence, etc.

          * * * * * * *
  9. At any time after the reading of the Journal it shall be 
in order, by direction of the appropriate committees, to move 
that the House resolve itself into the Committee of the Whole 
House on the state of the Union for the purpose of considering 
[bills raising revenue, or] general appropriation bills.
          * * * * * * *

                                Rule XXI

                                on bills

          * * * * * * *
  7. No general appropriation bill shall be considered in the 
House until printed committee hearings and a committee report 
thereon have been available for the Members of the House for at 
least three calendar days [(excluding Saturdays, Sundays, and 
legal holidays)] (excluding Saturdays, Sundays, or legal 
holidays except when the House is in session on such a day).
          * * * * * * *

                               Rule XXIII

                    of committees of the whole house

          * * * * * * *
  5. (a) * * *
          * * * * * * *
  (c) In the consideration of any measure for amendment in the 
Committee of the Whole containing any Federal mandate the 
direct costs of which exceed the threshold in [section 
424(a)(1) of the Unfunded Mandate Reform Act of 1995] section 
424(a)(1) of the Congressional Budget Act of 1974, it shall 
always be in order, unless specifically waived by terms of a 
rule governing consideration of that measure, to move to strike 
such Federal mandate from the portion of the bill then open to 
amendment.
          * * * * * * *

                              Rule XXVIII

                           conference reports

          * * * * * * *
  2. (a) It shall not be in order to consider the report of a 
committee of conference until the third calendar day 
[(excluding any Saturday, Sunday, or legal holiday)] (excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day) after such report and the 
accompanying statement shall have been filed in the House, and 
such consideration then shall be in order only if such report 
and accompanying statement shall have been printed in the daily 
edition of the Congressional Record for the day on which such 
report and statement shall have been filed; but the preceding 
provisions of this sentence do not apply during the last six 
days of the session. Nor shall it be in order to consider any 
conference report unless copies of the report and accompanying 
statement have been available to Members for at least two hours 
before the beginning of such consideration: Provided, however, 
That it shall always be in order to call up for consideration, 
notwithstanding the provisions of clause 4(b) of rule XI, a 
report from the Committee on Rules only making in order the 
consideration of a conference report notwithstanding this 
restriction. The time allotted for debate in the consideration 
of any such report shall be equally divided between the 
majority party and the minority party, except that if the floor 
manager for the majority and the floor manager for the minority 
are both supporters of the conference report, one third of such 
debate time shall be allotted to a Member who is opposed to 
said conference report.
  (b)(1) It shall not be in order to consider any amendment 
(including an amendment in the nature of a substitute) proposed 
by the Senate to any measure reported in disagreement between 
the two Houses by a report of a committee of conference that 
the committee has been unable to agree, until the third 
calendar day [(excluding any Saturday, Sunday, or legal 
holiday)] (excluding Saturdays, Sundays, or legal holidays 
except when the House is in session on such a day) after such 
report and accompanying statement shall have been filed in the 
House, and such consideration then shall be in order only if 
such report and accompanying statement shall have been printed 
in the daily edition of the Congressional Record for the day on 
which such report and statement shall have been filed; but the 
preceding provisions of this sentence do not apply during the 
last six days of the session. Nor shall it be in order to 
consider any such amendment unless copies of the report and 
accompanying statement, together with the text of such 
amendment, have been available to Members for at least two 
hours before the beginning of such consideration: Provided, 
however, That it shall always be in order to call up for 
consideration, notwithstanding the provisions of clause 4(b) of 
rule XI, a report from the Committee on Rules only making in 
order the consideration of such an amendment notwithstanding 
this restriction. The time allotted for debate on any such 
amendment shall be equally divided between the majority party 
and the minority party, except that if the floor manager for 
the majority and the floor manager for the minority are both 
supporters of the original motion offered by the floor manager 
for the majority to dispose of the amendment, one third of such 
debate time shall be allotted to a Member who is opposed to 
said motion.
          * * * * * * *

                               Rule XLIII

                        code of official conduct

  There is hereby established by and for the House of 
Representatives the following code of conduct, to be known as 
the ``Code of Official Conduct'':
          * * * * * * *
  [4. A Member, officer, or employee of the House of 
Representatives shall not accept gifts (other than the personal 
hospitality of an individual or with a fair market value of 
$100 or less, as adjusted under section 102(a)(2)(A) of the 
Ethics in Government Act of 1978) in any calendar year 
aggregating more than the minimal value as established by 
section 7342(a)(5) of title 5, United States Code, or $250, 
whichever is greater, directly or indirectly from any person 
(other than from a relative), except to the extent permitted by 
written waiver granted in exceptional circumstances by the 
Committee on Standards of Official Conduct pursuant to clause 
4(e)(1)(E) of rule X.]
  4. A Member, officer, or employee of the House of 
Representatives shall not accept gifts excepted as provided by 
the provisions of rule LII (Gift Rule).
          * * * * * * *
  [For the purposes of clause 4 of this Code of Official 
Conduct, the term ``relative'' means, with respect to any 
Member, officer, or employee of the House of Representatives, 
an individual who is related as father, mother, son, daughter, 
brother, sister, uncle, aunt, first cousin, nephew, niece, 
husband, wife, grandfather, grandmother, grandson, 
granddaughter, father-in-law, mother-in-law, son-in-law, 
daughter-in-law, brother-in-law, sister-in-law, stepfather, 
stepmother, stepson, stepdaughter, stepbrother, stepsister, 
half brother, half sister, or who is the grandfather or 
grandmother of the spouse of such Member, officer, or employee, 
and shall be deemed to include the fiance or fiancee of the 
Member, officer, or employee.]
          * * * * * * *

                       views of committee members

    Clause 2(l)(5) of rule XI requires each committee to afford 
a three day opportunity for members of the committee to file 
additional, minority, or dissenting views and to include the 
views in its report. Although neither requirement applies to 
the Committee, the Committee always makes the maximum effort to 
provide its members with such an opportunity. The following 
views were submitted:
                            ADDITIONAL VIEWS

    The United States is on the brink of default and 
Republicans are fiddling with House rules.
    The executive branch is now constrained to take 
extraordinary actions to avert financial collapse and the 
Republican leadership is correcting grammar and punctuation in 
the rules of the House.
    At Veterans' hospitals across the country, support 
personnel are furloughed. GI bill education benefits, sent 
weekly, will be delayed. No HHS personnel are allowed to 
process applications for Social Security benefits. Payments to 
``nonessential'' contractors will be delayed. Workplace safety 
inspections are postponed. There is no funding for child 
nutrition, foster care, or trade adjustment assistance. There 
is no funding to run unemployment compensation offices. These 
and other important services will be curtailed in the absence 
of a continuing resolution. But will Congress shut down? Not 
while there are typographical errors in the House rules to 
correct.
    The Treasury Secretary has had to advise State and local 
officials they cannot issue new tax-exempt bonds to finance, 
say, school buildings or prisons, because there is no room to 
park the funds they raise in Treasury bills, the only legally 
acceptable instrument in which to place such funds. And the 
Secretary of the Treasury will be constrained to take even more 
drastic actions to avert default UNLESS, in the next few days, 
the House passes a new debt limit extension or enacts H.R. 2586 
over the President's objections (despite the fact that House 
Republicans voted 223-183, to postpone consideration of the 
President's veto until December 12th).
    There is nothing else the President can do to avoid 
disaster. The ball is clearly in the House Republicans' court. 
Do they offer a rule providing for consideration of a solution 
to this debt crisis? No, instead they propose to repeal 
harmless duplicative and obsolete provisions in House rules.
                                                       Joe Moakley.
                             MINORITY VIEWS

    With the exception of a few items, the provisions of House 
Resolution 254 are purely clerical and technical in nature. The 
main exceptions are amendment (6) and amendment (12).
    Amendment (12) includes a provision to expand the 
majority's ability to offer amendments to Corrections Calendar 
measures. Under the new rule added this year, only the chairman 
of the primary committee of jurisdiction is permitted to offer 
amendments; this change will add flexibility and enable the 
appropriate Chairman to designate another Member to offer an 
amendment. This is intended to solve a problem encountered 
earlier this year when the appropriate Chairman had scheduling 
conflicts that made it difficult for him to act as floor 
manager on Corrections Day. It is not a purely technical change 
though it is not a change to which we object.
    Amendment (7) deals with the phrase ``calendar day 
(excluding Saturdays, Sundays, or legal holidays)'' so that 
only those weekends and holidays when the House is not in 
session are excluded. Amendment (7) conforms with past 
parliamentary interpretation. Deschler and Brown's ``Procedure 
in the House of Representatives: A Summary of the Modern 
Precedents and Practices of the House, 86th Congress-97th 
Congress'' section 17 44.14 reads:

          Note: The provisions of Rule XI clause 2(  )(6) * * * 
        In counting the three days, Saturdays, Sundays, and 
        legal holidays are excluded unless the House is in 
        session.

    There is no similar precedent regarding the other items in 
this resolution on the matter of treating calendar days, 
amendments (6), (15), (16), (17), and (18). Amendment (6) 
especially raises some suspicion. While the language of the 
rule providing three calendar days for filing supplemental 
views on a committee report (excluding Rules Committee reports) 
is very similar, it is not exactly the same as the previous 
language. Moreover, the House has generally treated the days 
for filing views expansively, beginning the day after the 
measure is ordered reported and lasting until midnight of the 
third calendar day. The plain language of the current rule is 
that all Saturdays, Sundays and legal holidays are excluded; 
there is nothing in the rule or in the precedents on this 
clause that distinguishes among weekend days to treat 
legislative days differently from nonlegislative days. This 
change in language is necessary in order to count weekends and 
holidays that the House is in session. We trust the majority 
will not schedule pro forma weekend sessions for the sole 
purpose of shrinking the time for the minority to file their 
views. The cost of keeping the House in session for this 
purpose--and the threat of numerous one-minutes and special 
orders in howling protest--should restrain any desire on the 
part of the majority to stifle dissenting views.
    We question whether correcting and changing the Rules of 
the House should take precedence over the absence of 
appropriations bills and the debt crisis. We also question 
whether the majority has chosen the most important corrections 
that need to be made. We note that most of the proposed changes 
in House Resolution 254 are designed to correct rules only 
adopted in the 104th Congress; e.g., changes in the rules 
adopted on opening day regarding committee jurisdictions, 
committee staffs, audits and changes in the rules adopted more 
recently regarding unfunded mandates and corrections day.
    On opening day, Speaker Gingrich and the House Republicans 
proudly adopted several additions to the rules of the House. 
There are a number of important rules adopted on opening day 
that are waived every time they apply or just flagrantly 
violated. Three instances spring to mind immediately:

   3/5ths vote requirement for measures containing tax rate increases

    On opening day, House Republicans touted the new clause 
5(c) of Rule XXI as inhibiting legislative consideration of any 
new tax increase. (January 4, 1995, Congressional Record H63-
H71) But when the new rule is inconvenient, requiring a 
supermajority to adopt Republican tax increases on middle-class 
working families, the rule is either not applied (April 5, 
1995, Congressional Record H4315-H4317) or it is explicitly 
waived, as in the rules providing for consideration of H.R. 
2425 (Medicare) and H.R. 2491 (Reconciliation). For extended 
remarks on these matters, see October 26, 1995, Congressional 
Record H10868 and November 9, 1995, Congressional Record 
H11994-H11996. Something ought to be done about a rule so 
consistently waived.

                   limit on subcommittee assignments

    House Republicans, on opening day, prohibited Members from 
serving on more than four subcommittees. This reform was 
intended to increase attendance at subcommittee meetings and 
allow Members to focus more attention on their limited 
subcommittee responsibilities. It is difficult to judge whether 
the rule has had its intended effect because 30 Republican 
members are violating that rule today, some serve on as many as 
six subcommittees. Not a single Democrat is violating the new 
rule. Something ought to be done about a rule so flagrantly 
violated.

             committee markups during the five-minute rule

    On opening day, House Republicans voted to prohibit House 
committees from meeting when the House is considering and 
voting on amendments under the five-minute rule. They argue 
that Members should not be asked to choose between important 
votes on the House floor and important votes in their 
Committees. The new rule has proven inconvenient and it has 
been waived for almost every single legislative day since it 
was adopted. Something ought to be done about a rule so 
consistently waived.

                                   Joe Moakley.
                                   Martin Frost.
                                   Tony Beilenson.
                                   Tony P. Hall.