(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
(Sec. 2) Adopts the Rules of the House of Representatives for the 111th Congress as the Rules for the 112th Congress, with amendments.
Prohibits the introduction of any bill or joint resolution unless the sponsor submits for printing in the Congressional Record a statement citing the constitutional power or powers granted to Congress to enact such legislation.
Authorizes the chair of a committee of jurisdiction, before consideration of a Senate bill or joint resolution, to submit such statement as though the chair were the sponsor of the measure.
Repeals the current requirement for a similar statement in committee reports.
Makes it out of order to consider legislation not reported by a committee until the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which such measure has been available to Members, Delegates, and the Resident Commissioner (Members).
Directs the Committee on House Administration to establish standards for making documents publicly available in electronic form by the House and its committees.
Considers a measure or matter as having been available to Members for purposes of the House Rules if it is publicly available in electronic form at a location designated by the Committee on House Administration.
Requires the chair of each committee (other than the Committee on Rules) to make a specified public announcement of a committee meeting at least three days before the meeting.
Requires the chair of the committee to make: (1) the text of legislation publicly available in electronic form at least 24 hours before its markup; (2) the results of a recorded vote available in electronic form within 48 hours of the vote; (3) the text of a measure or matter available in electronic form within 24 hours after a meeting to consider it, including the text of adopted amendments.
Requires: (1) statements of nongovernmental witnesses (truth in testimony information), with appropriate redactions to protect witness privacy, to be made publicly available in electronic form within one day after the witnesses appear; and (2) each committee to make its rules available in electronic form.
Requires each committee, to the maximum extent practicable, to: (1) provide audio and video coverage of each hearing or meeting in a manner allowing the public easily to listen to and view the proceedings; and (2) maintain the recordings of such coverage in a manner easily accessible to the public.
Repeals the exception of the Committee on Rules from the requirement to report its record votes in committee reports accompanying a rule, joint rule, or a specified order of business.
Requires standing committees, during development of their oversight plans, to include proposals to cut or eliminate mandatory and discretionary programs that are inefficient, duplicative, outdated, or more appropriately administered by state or local governments.
Replaces the current Pay-As-You-Go (PAYGO) requirements with a Cut-As-You-Go (CUTGO) requirement.
Prohibits consideration of legislation if it has the net effect of increasing mandatory spending within a five-year or ten-year budget window.
Requires the inclusion in the CUTGO evaluation of legislation of the entire text of a separate House passed measure or measures added as new matter to such legislation pursuant to a special order of the House. Excludes from such evaluation any provision expressly designated as an emergency for the Statutory Pay-As-You-Go Act of 2010 (but not any amendment so designated, which shall be subjected to the evaluation).
Repeals the Gephardt rule, which provided for an automatic engrossment and transmittal to the Senate of a joint resolution changing the public debt limit, upon the adoption of a congressional budget resolution. (The "Gephardt rule" avoided a separate vote in the House on public debt-limit legislation.)
Authorizes the chair of the Budget Committee to provide authoritative guidance concerning the impact of a legislative proposal on the levels of new budget authority, outlays, direct spending, new entitlement authority and revenues.
Makes it out of order in the House to consider general appropriations legislation that: (1) provides spending authority derived from receipts deposited in the Highway Trust Fund (excluding any transfers from the General Fund of the Treasury); or (2) reduces or otherwise limits the accruing balances of such Fund, for any purpose other than authorized activities for the highway or mass transit categories.
Makes it out of order to consider a budget resolution, amendment, or conference report containing reconciliation directives that specify changes in law that would cause an increase in net direct spending.
Specifies changes to House operations to: (1) authorize the Chair of the Committee of the Whole House on the state of the Union to employ two-minute (in the 111th Congress, five-minute) voting during a series of votes; and (2) prohibit any person on the floor of the House from using mobile electronic devices that impair decorum (in the 111th Congress, wireless telephones or personal computers).
Authorizes the Speaker to admit to the floor not more than one representative of each press association and media outlet. (Thus eliminates 111th Congress references to specific media organizations.)
Repeals the grant to Delegates and the Resident Commissioner of the same powers and privileges as Members of the House in a Committee of the Whole House on the state of the Union. Prohibits such individuals also from voting in, or presiding over, such Committee.
Repeals the allowance of a motion in the Committee to strike a provision from a bill that is asserted to be an unfunded mandate, even if the amendment would not otherwise be in order during consideration of the bill.
Grants the Armed Services Committee jurisdiction over Department of Defense (DOD) administered cemeteries.
Redesignates: (1) the Committee on Education and Labor as the Committee on Education and the Workforce; (2) the Committee on Standards of Official Conduct as the Committee on Ethics; and (3) the Committee on Science and Technology as the Committee on Science, Space, and Technology.
Eliminates the Select Oversight Panel of the Committee on Appropriations.
Reduces the size of the Permanent Select Committee on Intelligence.
Limits the terms of committee chairs (except for the Committee on Rules) to three consecutive Congresses (thus restoring the chair term limits of the 109th Congress).
Increases the frequency of committee activity reports from once to four times (semiannually) per Congress.
Directs the Committee on Oversight and Government Reform to adopt a rule requiring that a member of the committee be present at any deposition conducted by a staff member, unless the deponent waives such requirement.
(Sec. 3) Specifies separate orders relating to the treatment of legislation in view of certain budget requirements of these Rules, including orders concerning: (1) emergencies; (2) contingency operations directly related to the global war on terrorism; (3) a deficit-neutral revenue reserve; (4) limitations on advance appropriations and long-term spending (with specified exemptions); (5) spending reduction amendments in appropriations bills; and (6) budget enforcement with respect to discretionary administrative expenses of the Social Security Administration and of the Postal Service.
Waives Rule X, clause 5(d) to allow extra subcommittees for specified committees.
Prohibits lobbyists from using the Member's exercise facilities.
Reserves H.R. 1 through H.R. 10 for assignment by the Speaker and H.R. 11 through H.R. 20 for assignment by the Minority Leader.
(Sec. 4) Continues: (1) the House Democracy Partnership (currently, House Democracy Assistance Commission); (2) the Tom Lantos Human Rights Commission; and (3) the Office of Congressional Ethics (treating such Office as a standing committee for purposes of hiring consultants). Directs the Committee on Ethics to empanel investigative subcommittees within 30 days after a Member is indicted or criminal charges are filed.
(Sec. 5) Authorizes the Speaker to recognize a Member for the reading of the U.S. Constitution on the legislative day of January 6, 2011.
Makes it in order at any time on the legislative day of January 6, 2011, for the Speaker to entertain motions to suspend the rules related to reducing House operation costs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]
H. Res. 5
In the House of Representatives, U. S.,
January 5, 2011.
Resolved, That the Rules of the House of Representatives of the One Hundred
Eleventh Congress, including applicable provisions of law or concurrent
resolution that constituted rules of the House at the end of the One Hundred
Eleventh Congress, are adopted as the Rules of the House of Representatives of
the One Hundred Twelfth Congress, with amendments to the standing rules as
provided in section 2, and with other orders as provided in sections 3, 4, and
5.
SEC. 2. CHANGES TO THE STANDING RULES.
(a) Citing Authority Under the Constitution.--
(1) In clause 7 of rule XII, add the following new paragraph:
``(c)(1) A bill or joint resolution may not be introduced unless the
sponsor submits for printing in the Congressional Record a statement
citing as specifically as practicable the power or powers granted to
Congress in the Constitution to enact the bill or joint resolution. The
statement shall appear in a portion of the Record designated for that
purpose and be made publicly available in electronic form by the Clerk.
``(2) Before consideration of a Senate bill or joint resolution, the
chair of a committee of jurisdiction may submit the statement required
under subparagraph (1) as though the chair were the sponsor of the
Senate bill or joint resolution.''.
(2) In clause 3(d) of rule XIII--
(A) strike subparagraph (1) (and redesignate the succeeding
subparagraphs accordingly); and
(B) in subparagraph (2), as redesignated, strike
``subparagraph (2)'' each place it appears and insert (in each
instance) ``subparagraph (1)''.
(b) Three-day Availability for Unreported Measures.--In rule XXI, add the
following new clause:
``11. It shall not be in order to consider a bill or joint resolution which
has not been reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is in session on
such a day) on which such measure has been available to Members, Delegates, and
the Resident Commissioner.''.
(c) Transparency for House and Committee Operations.--
(1) Standards for electronic documents.--In clause 4(d)(1) of rule
X--
(A) in subdivision (C), strike ``and'';
(B) in subdivision (D), strike the period and insert ``;
and''; and
(C) add the following new subdivision:
``(E) establish and maintain standards for making
documents publicly available in electronic form by the
House and its committees.''.
(2) Ensuring that text is publicly available in electronic form.--In
rule XXIX, add the following new clause:
``3. If a measure or matter is publicly available in electronic form at a
location designated by the Committee on House Administration, it shall be
considered as having been available to Members, Delegates, and the Resident
Commissioner for purposes of these rules.''.
(3) Minimum notice period for committee meetings and hearings.--In
rule XI, amend clause 2(g)(3) to read as follows:
``(3)(A) The chair of a committee shall announce the date,
place, and subject matter of--
``(i) a committee hearing, which may not commence earlier
than one week after such notice; or
``(ii) a committee meeting, which may not commence earlier
than the third day on which members have notice thereof.
``(B) A hearing or meeting may begin sooner than specified in
subdivision (A) in either of the following circumstances (in which case
the chair shall make the announcement specified in subdivision (A) at
the earliest possible time):
``(i) the chair of the committee, with the concurrence of
the ranking minority member, determines that there is good
cause; or
``(ii) the committee so determines by majority vote in the
presence of the number of members required under the rules of
the committee for the transaction of business.
``(C) An announcement made under this subparagraph shall be
published promptly in the Daily Digest and made publicly available in
electronic form.
``(D) This subparagraph and subparagraph (4) shall not apply to the
Committee on Rules.''.
(4) Minimum period for availability of committee markup text.--In
clause 2(g) of rule XI, insert the following new subparagraph, and
redesignate the succeeding subparagraphs accordingly:
``(4) At least 24 hours prior to the commencement of a
meeting for the markup of legislation, or at the time of an
announcement under subparagraph (3)(B) made within 24 hours
before such meeting, the chair of the committee shall cause the
text of such legislation to be made publicly available in
electronic form.''.
(5) Availability of votes in electronic form.--In clause
2(e)(1)(B)(i) of rule XI--
(A) in the first sentence, before the period at the end
thereof insert ``and also made publicly available in electronic
form within 48 hours of such record vote''; and
(B) in the second sentence, strike ``for public
inspection''.
(6) Availability of the text of amendments in electronic form.--In
clause 2(e) of rule XI, add the following new subparagraph:
``(6) Not later than 24 hours after the adoption of any
amendment to a measure or matter considered by a committee, the
chair of such committee shall cause the text of each such
amendment to be made publicly available in electronic form.''.
(7) Availability of ``truth in testimony'' information in electronic
form.--In clause 2(g)(5) of rule XI, as redesignated, add the following
new sentence: ``Such statements, with appropriate redactions to protect
the privacy of the witness, shall be made publicly available in
electronic form not later than one day after the witness appears.''.
(8) Availability of committee rules in electronic form.--In clause
2(a) of rule XI, amend subparagraph (2) to read as follows:
``(2) Each committee shall make its rules publicly available
in electronic form and submit such rules for publication in the
Congressional Record not later than 30 days after the chair of
the committee is elected in each odd-numbered year.''.
(9) Audio and video coverage of committee hearings and meetings.--In
clause 2(e) of rule XI, add the following new subparagraph:
``(5) To the maximum extent practicable, each committee
shall--
``(A) provide audio and video coverage of each
hearing or meeting for the transaction of business in a
manner that allows the public to easily listen to and
view the proceedings; and
``(B) maintain the recordings of such coverage in a
manner that is easily accessible to the public.''.
(10) Record votes in the committee on rules.--In clause 3(b) of rule
XIII, strike ``a report by the Committee on Rules on a rule, joint rule,
or the order of business or to''.
(11) Elimination of duplicative programs.--In clause 2(d)(1) of rule
X--
(A) in subdivision (D), strike ``and'';
(B) in subdivision (E), strike the period and insert ``;
and''; and
(C) add the following new subdivision:
``(F) include proposals to cut or eliminate
programs, including mandatory spending programs, that
are inefficient, duplicative, outdated, or more
appropriately administered by State or local
governments.''.
(d) Initiatives to Reduce Spending and Improve Accountability.--
(1) Cut-as-you-go.--In rule XXI, amend clause 10 to read as follows:
``10.(a)(1) Except as provided in paragraphs (b) and (c), it shall not be in
order to consider a bill or joint resolution, or an amendment thereto or a
conference report thereon, if the provisions of such measure have the net effect
of increasing mandatory spending for the period of either--
``(A) the current year, the budget year, and the four fiscal years
following that budget year; or
``(B) the current year, the budget year, and the nine fiscal years
following that budget year.
``(2) For the purpose of this clause, the terms `budget year' and `current
year' have the meanings specified in section 250 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and the term `mandatory spending' has the
meaning of `direct spending' specified in such section 250 except that such term
shall also include provisions in appropriation Acts that make outyear
modifications to substantive law as described in section 3(4)(C) of the
Statutory Pay-As-You-Go Act of 2010.
``(b) If a bill or joint resolution, or an amendment thereto, is considered
pursuant to a special order of the House directing the Clerk to add as new
matter at the end of such bill or joint resolution the entire text of a separate
measure or measures as passed by the House, the new matter proposed to be added
shall be included in the evaluation under paragraph (a) of the bill, joint
resolution, or amendment.
``(c)(1) Except as provided in subparagraph (2), the evaluation under
paragraph (a) shall exclude a provision expressly designated as an emergency for
the Statutory Pay-As-You-Go Act of 2010, in the case of a point of order under
this clause against consideration of--
``(A) a bill or joint resolution;
``(B) an amendment made in order as original text by a special order
of business;
``(C) a conference report; or
``(D) an amendment between the Houses.
``(2) In the case of an amendment (other than one specified in subparagraph
(1)) to a bill or joint resolution, the evaluation under paragraph (a) shall
give no cognizance to any designation of emergency.''.
(2) Requiring a vote on raising the debt limit.--Rule XXVIII is
amended to read as follows:
``RULE XXVIII
``(Reserved.)''.
(3) Clarifying the role of the chair of the committee on the
budget.--In rule XXIX, add the following new clause:
``4. Authoritative guidance from the Committee on the Budget concerning the
impact of a legislative proposition on the levels of new budget authority,
outlays, direct spending, new entitlement authority and revenues may be provided
by the chair of the committee.''.
(4) Highway funding.--In rule XXI--
(A) amend clause 3 to read as follows:
``3. It shall not be in order to consider a general appropriation bill or
joint resolution, or conference report thereon, that--
``(a) provides spending authority derived from receipts deposited in the
Highway Trust Fund (excluding any transfers from the General Fund of the
Treasury); or
``(b) reduces or otherwise limits the accruing balances of the Highway Trust
Fund,
for any purpose other than for those activities authorized for the highway or
mass transit categories.''; and
(B) in clause 3, strike the caption.
(5) Limitation on increases in direct spending in reconciliation
initiatives.--In rule XXI, amend clause 7 to read as follows:
``7. It shall not be in order to consider a concurrent resolution on the
budget, or an amendment thereto, or a conference report thereon that contains
reconciliation directives under section 310 of the Congressional Budget Act of
1974 that specify changes in law such that the reconciliation legislation
reported pursuant to such directives would cause an increase in net direct
spending (as such term is defined in clause 10) for the period covered by such
concurrent resolution.''.
(e) Other Changes to House Operations.--
(1) Two-minute voting.--In clause 6 of rule XVIII--
(A) in paragraph (f), strike ``five minutes'' and insert
``not less than two minutes''; and
(B) in paragraph (g), strike ``five minutes'' and insert
``not less than two minutes''.
(2) Use of electronic devices on the floor.--In clause 5 of rule
XVII, amend the penultimate sentence to read as follows: ``A person on
the floor of the House may not smoke or use a mobile electronic device
that impairs decorum.''.
(3) Updating rules governing the media.--
(A) In clause 2 of rule VI, strike the penultimate sentence,
and amend the last sentence to read as follows: ``The Speaker
may admit to the floor, under such regulations as the Speaker
may prescribe, not more than one representative of each press
association.''.
(B) In clause 3 of rule VI, strike the last sentence and
insert ``The Speaker may admit to the floor, under such
regulations as the Speaker may prescribe, not more than one
representative of each media outlet.''.
(C) In clause 4(f)(7) of rule XI, strike the first sentence.
(4) Voting by delegates and the resident commissioner in the
committee of the whole.--
(A) In clause 3(a) of rule III, strike the first sentence.
(B) In rule XVIII--
(i) in clause 1, strike ``, Delegate, or the
Resident Commissioner''; and
(ii) in clause 6, strike paragraph (h).
(5) Motions to strike in the committee of the whole.--In rule XVIII,
strike clause 11 (and redesignate the succeeding clause accordingly).
(6) Clarifying jurisdiction over certain cemeteries.--In clause 1(c)
of rule X, add the following subparagraph:
``(16) Cemeteries administered by the Department of
Defense.''.
(7) Designating committee on education and the workforce.--In rule
X--
(A) in clause 1(e), strike ``Committee on Education and
Labor'' and insert ``Committee on Education and the Workforce'';
and
(B) in clause 3(d), strike ``Committee on Education and
Labor'' and insert ``Committee on Education and the Workforce''.
(8) Designating committee on ethics.--
(A) In the standing rules, strike ``Committee on Standards
of Official Conduct'' each place it appears and insert (in each
instance) ``Committee on Ethics''.
(B) In clause 1 of rule X, insert paragraph (q) after
paragraph (f) (and redesignate the succeeding paragraphs
accordingly).
(C) In the standing rules, strike ``clause 1(j)(1) of rule
X'' each place it appears and insert (in each instance) ``clause
1(k)(1) of rule X''.
(9) Designating the committee on science, space, and technology.--In
rule X--
(A) in clause 1(p), as redesignated, strike ``Committee on
Science and Technology'' and insert ``Committee on Science,
Space, and Technology''; and
(B) in clause 3(k), strike ``Committee on Science and
Technology'' and insert ``Committee on Science, Space, and
Technology''.
(10) Eliminating the select intelligence oversight panel.--In clause
4(a) of rule X, strike subparagraph (5).
(11) Adjusting the size of the permanent select committee on
intelligence.--In clause 11(a)(1) of rule X, strike ``22'' and insert
``20'' and strike ``13'' and insert ``12''.
(12) Restoring the term limit rule for committee chairs.--In clause
5 of rule X, redesignate paragraph (c) as subparagraph (c)(1) and add
the following new subparagraph:
``(2) Except in the case of the Committee on Rules, a member
of a standing committee may not serve as chair of the same
standing committee, or of the same subcommittee of a standing
committee, during more than three consecutive Congresses
(disregarding for this purpose any service for less than a full
session in a Congress).''.
(13) Committee activity reports.--In clause 1 of rule XI, amend
paragraph (d) to read as follows:
``(d)(1) Not later than the 30th day after June 1 and December 1, a
committee shall submit to the House a semiannual report on the
activities of that committee.
``(2) Such report shall include--
``(A) separate sections summarizing the legislative and
oversight activities of that committee under this rule and rule
X during the applicable period;
``(B) in the case of the first such report, a summary of the
oversight plans submitted by the committee under clause 2(d) of
rule X;
``(C) a summary of the actions taken and recommendations
made with respect to the oversight plans specified in
subdivision (B);
``(D) a summary of any additional oversight activities
undertaken by that committee and any recommendations made or
actions taken thereon; and
``(E) a delineation of any hearings held pursuant to clauses
2(n), (o), or (p) of this rule.
``(3) After an adjournment sine die of a regular session of a
Congress, or after December 15, whichever occurs first, the chair of a
committee may file the second or fourth semiannual report described in
subparagraph (1) with the Clerk at any time and without approval of the
committee, provided that--
``(A) a copy of the report has been available to each member
of the committee for at least seven calendar days; and
``(B) the report includes any supplemental, minority, or
additional views submitted by a member of the committee.''.
(14) Modifying staff deposition authority.--In clause 4(c)(3)(B) of
rule X--
(A) in item (i), strike ``and'';
(B) in item (ii), strike the period and insert ``; and'';
and
(C) add at the end the following new item:
``(iii) shall, unless waived by the
deponent, require the attendance of a member of
the committee.''.
(f) Technical and Clarifying Changes.--
(1) In clause 3(a) of rule III, strike ``of the House''.
(2) In rule IV--
(A) in clause 1, strike ``The Speaker may not entertain a
motion for the suspension of this clause.''; and
(B) in clause 2(b), after ``clause'' insert ``or clauses 1,
3, 4, or 5''.
(3) In clause 3(o)(2) of rule XI, after ``investigation'' insert
``when''.
(4) In clause 7 of rule XII, strike ``primary sponsor'' each place
it appears and insert (in each instance) ``sponsor''.
(5) In clause 6(c) of rule XIII, strike ``Senate bill or
resolution'' and insert ``Senate bill or joint resolution''.
(6) In clause 2(c) of rule XV--
(A) strike ``Clerk shall make signatures'' and insert
``Clerk shall make the signatories''; and
(B) strike ``published with the signatures'' and insert
``published with the signatories''.
(7) In clause 6(c) of rule XXIII, strike ``a campaign accounts'' and
insert ``a campaign account''.
(8) In clause 13 of rule XXIII, strike ``Clerk shall make
signatures'' and insert ``Clerk shall make the signatories''.
SEC. 3. SEPARATE ORDERS.
(a) Budget Matters.--
(1) During the One Hundred Twelfth Congress, references in section
306 of the Congressional Budget Act of 1974 to a resolution shall be
construed in the House of Representatives as references to a joint
resolution.
(2) During the One Hundred Twelfth Congress, in the case of a
reported bill or joint resolution considered pursuant to a special order
of business, a point of order under section 303 of the Congressional
Budget Act of 1974 shall be determined on the basis of the text made in
order as an original bill or joint resolution for the purpose of
amendment or to the text on which the previous question is ordered
directly to passage, as the case may be.
(3) During the One Hundred Twelfth Congress, a provision in a bill
or joint resolution, or in an amendment thereto or a conference report
thereon, that establishes prospectively for a Federal office or position
a specified or minimum level of compensation to be funded by annual
discretionary appropriations shall not be considered as providing new
entitlement authority within the meaning of the Congressional Budget Act
of 1974.
(4)(A) During the One Hundred Twelfth Congress, except as provided
in subparagraph (C), a motion that the Committee of the Whole rise and
report a bill to the House shall not be in order if the bill, as
amended, exceeds an applicable allocation of new budget authority under
section 302(b) of the Congressional Budget Act of 1974, as estimated by
the Committee on the Budget.
(B) If a point of order under subparagraph (A) is sustained, the
Chair shall put the question: ``Shall the Committee of the Whole rise
and report the bill to the House with such amendments as may have been
adopted notwithstanding that the bill exceeds its allocation of new
budget authority under section 302(b) of the Congressional Budget Act of
1974?''. Such question shall be debatable for 10 minutes equally divided
and controlled by a proponent of the question and an opponent but shall
be decided without intervening motion.
(C) Subparagraph (A) shall not apply--
(i) to a motion offered under clause 2(d) of rule XXI; or
(ii) after disposition of a question under subparagraph (B)
on a given bill.
(D) If a question under subparagraph (B) is decided in the negative,
no further amendment shall be in order except--
(i) one proper amendment, which shall be debatable for 10
minutes equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question in the House or
in the Committee of the Whole; and
(ii) pro forma amendments, if offered by the chair or
ranking minority member of the Committee on Appropriations or
their designees, for the purpose of debate.
(b) Budget Enforcement.--
(1) The chair of the Committee on the Budget (when elected) shall
include in the Congressional Record budget aggregates and allocations
contemplated by section 301 of the Congressional Budget Act of 1974 and
allocations contemplated by section 302(a) of that Act for fiscal year
2011, and the period of fiscal years 2011 through 2015.
(2) The aggregates and allocations specified in subsection (1) shall
be considered as contained in a concurrent resolution on the budget for
fiscal year 2011 and the submission thereof into the Congressional
Record shall be considered as the completion of congressional action on
a concurrent resolution on the budget for fiscal year 2011.
(c) Emergencies and Contingencies.--
(1) Emergencies.--Until adoption of a concurrent resolution on the
budget for fiscal year 2012, if a bill or joint resolution is reported,
or amendment thereto is offered or a conference report thereon is filed,
that provides new budget authority and outlays or reduces revenue, and
such provision is designated as an emergency pursuant to this section,
the chair of the Committee on the Budget shall not count the budgetary
effects of such provision for purposes of titles III and IV of the
Congressional Budget Act of 1974 and the Rules of the House of
Representatives.
(2) Exemption of contingency operations related to the global war on
terrorism.--For any bill or joint resolution, or amendment thereto or
conference report thereon, that makes appropriations for fiscal year
2011 for contingency operations directly related to the global war on
terrorism, then the new budget authority or outlays resulting therefrom
shall not count for purposes of titles III or IV of the Congressional
Budget Act of 1974.
(d) Deficit-neutral Revenue Reserve.--Until the adoption of a concurrent
resolution on the budget for fiscal year 2012, if any bill reported by the
Committee on Ways and Means, or amendment thereto or conference report thereon,
decreases revenue, the chair of the Committee on the Budget may adjust the
allocations, the revenue levels, and other aggregates referred to in subsection
(b)(1), provided that such measure would not increase the deficit over the
period of fiscal years 2011 through 2021.
(e) Limitation on Advance Appropriations.--
(1) Except as provided by paragraph (2), any general appropriation
bill or joint resolution continuing appropriations, or amendment thereto
or conference report thereon, may not provide advance appropriations.
(2) Advance appropriations may be provided--
(A) for fiscal year 2012 for programs, projects, activities,
or accounts identified in the Congressional Record under the
heading ``Accounts Identified for Advance Appropriations'' in an
aggregate amount not to exceed $28,852,000,000 in new budget
authority, and for 2013, an aggregate amount not to exceed
$28,852,000,000 for accounts separately identified under the
same heading; and
(B) for the Department of Veterans Affairs for the Medical
Services, Medical Support and Compliance, and Medical Facilities
accounts of the Veterans Health Administration.
(3) In this subsection, the term ``advance appropriation'' means any
new discretionary budget authority provided in a general appropriation
bill or any new discretionary budget authority provided in a joint
resolution making continuing appropriations for fiscal year 2011 that
first becomes available for a fiscal year after fiscal 2011.
(f) Compliance With Section 13301 of the Budget Enforcement of Act of
1990.--
(1) In general.--In the House, notwithstanding section 302(a)(1) of
the Congressional Budget Act of 1974, section 13301 of the Budget
Enforcement Act of 1990, and section 4001 of the Omnibus Budget
Reconciliation Act of 1989, the joint explanatory statement accompanying
the conference report on any concurrent resolution on the budget shall
include in its allocation under section 302(a) of the Congressional
Budget Act of 1974 to the Committee on Appropriations amounts for the
discretionary administrative expenses of the Social Security
Administration and of the Postal Service.
(2) Special rule.--For purposes of applying section 302(f) of the
Congressional Budget Act of 1974, estimates of the level of total new
budget authority and total outlays provided by a measure shall include
any off-budget discretionary amounts.
(g) Limitation on Long-term Spending.--
(1) It shall not be in order to consider a bill or joint resolution
reported by a committee (other than the Committee on Appropriations), or
an amendment thereto or a conference report thereon, if the provisions
of such measure have the net effect of increasing mandatory spending in
excess of $5,000,000,000 for any period described in paragraph (2).
(2)(A) The applicable periods for purposes of this clause are any of
the first four consecutive 10-fiscal-year periods beginning with the
first fiscal year following the last fiscal year for which the
applicable concurrent resolution on the budget sets forth appropriate
budgetary levels.
(B) In this paragraph, the applicable concurrent resolution on the
budget is the one most recently adopted before the date on which a
committee first reported the bill or joint resolution described in
paragraph (a).
(h) Exemptions.--
(1) Until the adoption of the concurrent resolution on the budget
for fiscal year 2012, the chair of the Committee on the Budget may
adjust an estimate under clause 4 of rule XXIX to--
(A) exempt the budgetary effects of measures extending the
Economic Growth and Tax Relief Reconciliation Act of 2001;
(B) exempt the budgetary effects of measures extending the
Jobs and Growth Tax Relief Reconciliation Act of 2003;
(C) exempt the budgetary effects of measures--
(i) repealing the Patient Protection and Affordable
Care Act and title I and subtitle B of title II of the
Health Care and Education Affordability Reconciliation
Act of 2010;
(ii) reforming the Patient Protection and Affordable
Care Act and the Health Care and Education Affordability
Reconciliation Act of 2010; or
(iii) reforming the Patient Protection and
Affordable Care Act and the Health Care and Education
Affordability Reconciliation Act of 2010 and the payment
rates and related parameters in accordance with section
1848 of the Social Security Act;
(D) exempt the budgetary effects of measures that adjust the
Alternative Minimum Tax exemption amounts to prevent a larger
number of taxpayers as compared with tax year 2008 from being
subject to the Alternative Minimum Tax or of allowing the use of
nonrefundable personal credits against the Alternative Minimum
Tax, or both as applicable;
(E) exempt the budgetary effects of extending the estate,
gift, and generation-skipping transfer tax provisions of title
III of the Tax Relief, Unemployment Insurance Reauthorization,
and Job Creation Act of 2010;
(F) exempt the budgetary effects of measures providing a 20
percent deduction in income to small businesses; and
(G) exempt the budgetary effects of measures implementing
trade agreements.
(2) A measure may only qualify for an exemption under subsection
(h)(1)(C)(ii) or (iii) if it does not--
(A) increase the deficit over the period of fiscal years
2011 through 2021; or
(B) increase revenues over the period of fiscal years 2011
through 2021, other than by--
(i) repealing or modifying the individual mandate
(codified as section 5000A of the Internal Revenue Code
of 1986); or
(ii) modifying the subsidies to purchase health
insurance (codified as section 36B of the Internal
Revenue Code of 1986).
(i) Determinations for PAYGO Acts.--In determining the budgetary effects of
any legislation for the purposes of complying with the Statutory Pay-As-You-Go
Act of 2010 (including the required designation in PAYGO Acts), the chair of the
Committee on the Budget may make adjustments to take into account the exemptions
and adjustments set forth in subsection (h).
(j) Spending Reduction Amendments in Appropriations Bills.--
(1) During the reading of a general appropriation bill for amendment
in the Committee of the Whole House on the state of the Union, it shall
be in order to consider en bloc amendments proposing only to transfer
appropriations from an object or objects in the bill to a spending
reduction account. When considered en bloc under this clause, such
amendments may amend portions of the bill not yet read for amendment
(following disposition of any points of order against such portions) and
are not subject to a demand for division of the question in the House or
in the Committee of the Whole.
(2) Except as provided in paragraph (1), it shall not be in order to
consider an amendment to a spending reduction account in the House or in
the Committee of the Whole House on the state of the Union.
(3) It shall not be in order to consider an amendment to a general
appropriation bill proposing a net increase in budget authority in the
bill (unless considered en bloc with another amendment or amendments
proposing an equal or greater decrease in such budget authority pursuant
to clause 2(f) of rule XXI).
(4) A point of order under clause 2(b) of rule XXI shall not apply
to a spending reduction account.
(5) A general appropriation bill may not be considered in the
Committee of the Whole House on the state of the Union unless it
includes a spending reduction account as the last section of the bill.
An order to report a general appropriation bill to the House shall
constitute authority for the chair of the Committee on Appropriations to
add such a section to the bill or modify the figure contained therein.
(6) For purposes of this subsection, the term ``spending reduction
account'' means an account in a general appropriation bill that bears
that caption and contains only a recitation of the amount by which an
applicable allocation of new budget authority under section 302(b) of
the Congressional Budget Act of 1974 exceeds the amount of new budget
authority proposed by the bill.
(k) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during
the One Hundred Twelfth Congress--
(1) the Committee on Armed Services may have not more than seven
subcommittees;
(2) the Committee on Foreign Affairs may have not more than seven
subcommittees; and
(3) the Committee on Transportation and Infrastructure may have not
more than six subcommittees.
(l) Exercise Facilities for Former Members.--During the One Hundred Twelfth
Congress--
(1) The House of Representatives may not provide access to any
exercise facility which is made available exclusively to Members and
former Members, officers and former officers of the House of
Representatives, and their spouses to any former Member, former officer,
or spouse who is a lobbyist registered under the Lobbying Disclosure Act
of 1995 or any successor statute or agent of a foreign principal as
defined in clause 5 of rule XXV. For purposes of this section, the term
``Member'' includes a Delegate or Resident Commissioner to the Congress.
(2) The Committee on House Administration shall promulgate
regulations to carry out this subsection.
(m) Numbering of Bills.--In the One Hundred Twelfth Congress, the first 10
numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by
the Speaker and the second 10 numbers for bills (H.R. 11 through H.R. 20) shall
be reserved for assignment by the Minority Leader.
(n) Transition Rule.--Pending the designation of a location by the Committee
on House Administration pursuant to clause 3 of rule XXIX, documents may be made
publicly available in electronic form at the following locations:
(1) with respect to consideration by the House, the majority website
of the Committee on Rules; and
(2) with respect to consideration by a committee, the majority
website of the committee.
SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.
(a) House Democracy Partnership.--House Resolution 24, One Hundred Tenth
Congress, shall apply in the One Hundred Twelfth Congress in the same manner as
such resolution applied in the One Hundred Tenth Congress except that the
commission concerned shall be known as the House Democracy Partnership.
(b) Tom Lantos Human Rights Commission.--Sections 1 through 7 of House
Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred
Twelfth Congress in the same manner as such provisions applied in the One
Hundred Tenth Congress, except that--
(1) the Tom Lantos Human Rights Commission may, in addition to
collaborating closely with other professional staff members of the
Committee on Foreign Affairs, collaborate closely with professional
staff members of other relevant committees; and
(2) the resources of the Committee on Foreign Affairs which the
Commission may use shall include all resources which the Committee is
authorized to obtain from other offices of the House of Representatives.
(c) Office of Congressional Ethics.--Section 1 of House Resolution 895, One
Hundred Tenth Congress, shall apply in the One Hundred Twelfth Congress in the
same manner as such provision applied in the One Hundred Tenth Congress, except
that the Office of Congressional Ethics shall be treated as a standing committee
of the House for purposes of section 202(I) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 72a(i)) and references to the Committee on Standards of
Official Conduct shall be construed as references to the Committee on Ethics.
(d) Empaneling Investigative Subcommittee of the Committee on Ethics.--The
text of House Resolution 451, One Hundred Tenth Congress, shall apply in the One
Hundred Twelfth Congress in the same manner as such provision applied in the One
Hundred Tenth Congress, except that references to the Committee on Standards of
Official Conduct shall be construed as references to the Committee on Ethics.
SEC. 5. ADDITIONAL ORDERS OF BUSINESS.
(a) Reading of the Constitution.--The Speaker may recognize a Member for the
reading of the Constitution on the legislative day of January 6, 2011.
(b) Providing for Consideration of Certain Motions to Suspend the Rules.--It
shall be in order at any time on the legislative day of January 6, 2011, for the
Speaker to entertain motions to suspend the rules related to reducing the costs
of operation of the House of Representatives, except that notwithstanding clause
1(c) of rule XV such motion shall be debatable for two hours, equally divided
and controlled by the proponent and an opponent.
Attest:
Clerk.
Introduced in House
Introduced in House
Considered as privileged matter. (consideration: CR H7-27)
Ms. Norton moved to refer the resolution to a select committee of five members, to be appointed by the Speaker, not more than three of whom shall be from the same political party, with instructions to report back the same until it has conducted a full and complete study of, and made a determination on, the constitutionality of the provision that would be eliminated from the Rules that granted voting rights in the Committee of the Whole to the Delegates.
Mr. Cantor moved to table the motion to refer (consideration: CR H10-11)
On motion to table the motion to refer Agreed to by the Yeas and Nays: 223 - 188 (Roll no. 3). (consideration: CR H10-11)
Roll Call #3 (House)Motion to refer tabled. (consideration: CR H10-11)
DEBATE - The House proceeded with one hour of debate on H. Res. 5.
On ordering the previous question Agreed to by the Yeas and Nays: 236 - 188 (Roll no. 4). (consideration: CR H25-26)
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The previous question on the motion to commit the resolution to a select committee was ordered without objection. (consideration: CR H26)
On motion to commit with instructions Failed by the Yeas and Nays: 191 - 238 (Roll No. 5).
Roll Call #5 (House)Passed/agreed to in House: On agreeing to the resolution Agreed to by the Yeas and Nays: 238 - 191 (Roll no. 6).(text: CR H7-10)
Roll Call #6 (House)On agreeing to the resolution Agreed to by the Yeas and Nays: 238 - 191 (Roll no. 6). (text: CR H7-10)
Roll Call #6 (House)Motion to reconsider laid on the table Agreed to without objection.