[Congressional Bills 113th 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 3, 2013.
Resolved, That the Rules of the House of Representatives of the One Hundred
Twelfth Congress, including applicable provisions of law or concurrent
resolution that constituted rules of the House at the end of the One Hundred
Twelfth Congress, are adopted as the Rules of the House of Representatives of
the One Hundred Thirteenth 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) Committee Activity Reports.--In clause 1(d) of rule XI--
(1) in subparagraph (1), strike ``the 30th day after June 1 and
December 1'' and insert ``January 2 of each year'' and strike
``semiannual'';
(2) in subparagraph (2)(B), insert ``in each Congress'' after
``first such report''; and
(3) in subparagraph (3), strike ``second or fourth semiannual''.
(b) Voting.--
(1) In clause 6 of rule XVIII--
(A) in subparagraph (b)(3), strike ``five minutes'' and
insert ``not less than two minutes''; and
(B) amend paragraph (g) to read as follows:
``(g) The Chair may postpone a request for a recorded vote on any
amendment. The Chair may resume proceedings on a postponed request at
any time. The Chair may reduce to not less than two minutes the minimum
time for electronic voting--
``(1) on any postponed question that follows another
electronic vote without intervening business, provided that the
minimum time for electronic voting on the first in any series of
questions shall be 15 minutes; or
``(2) on any postponed question taken without intervening
debate or motion after the Committee of the Whole resumes its
sitting if in the discretion of the Chair Members would be
afforded an adequate opportunity to vote.''.
(2) In rule XX--
(A) amend clause 8(c) to read as follows:
``(c) The Speaker may reduce to five minutes the minimum time for
electronic voting on a question postponed under this clause, or on a
question incidental thereto, that--
``(1) follows another electronic vote without intervening
business, so long as the minimum time for electronic voting on
the first in any series of questions is 15 minutes; or
``(2) follows a report from the Committee of the Whole
without intervening debate or motion if in the discretion of the
Speaker Members would be afforded an adequate opportunity to
vote.''; and
(B) amend clause 9 to read as follows:
``9. The Speaker may reduce to five minutes the minimum time for electronic
voting--
``(a) on any question arising without intervening business after an
electronic vote on another question if notice of possible five-minute
voting for a given series of votes was issued before the preceding
electronic vote;
``(b) on any question arising after a report from the Committee of
the Whole without debate or intervening motion; or
``(c) on the question of adoption of a motion to recommit (or
ordering the previous question thereon) arising without intervening
motion or debate other than debate on the motion.''.
(c) Clarifications in Rule X.--In clause 1 of rule X--
(1) in paragraph (j)(2), strike ``Organization and administration''
and insert ``Organization, administration, and general management''; and
(2) in paragraph (m)(9), strike ``Insular possessions'' and insert
``Insular areas''.
(d) Modification of the Ramseyer Rule.--In clause 3(e)(1)(B) of rule XIII,
insert ``and adjacent provisions if useful to enable the intent and effect of
the amendment to be clearly understood,'' before ``showing''.
(e) Changes to the Code of Conduct and the Committee on Ethics.--
(1) In clause 3(b)(8) of rule XI--
(A) amend subdivision (A)(ii) to read as follows:
``(ii) upon the day of such decision or
vote, make a public statement that the matter,
relating to the referral made by the board of
the Office of Congressional Ethics regarding the
Member, officer, or employee of the House who is
the subject of the applicable referral, has been
extended.''; and
(B) in subdivision (B)(ii)--
(i) strike ``the committee votes to extend the
matter'' and insert ``the matter is extended''; and
(ii) strike ``the committee has voted to extend the
matter'' and insert ``the matter has been extended''.
(2) In clause 8(c) of rule XXIII--
(A) strike ``spouse'' in each place it appears and insert
(in each instance) ``relative'';
(B) in subparagraph (2), strike ``One Hundred Seventh
Congress'' and insert ``One Hundred Thirteenth Congress''; and
(C) add the following new subparagraph:
``(3) As used in this paragraph, the term `relative' means
an individual who is related to the Member, Delegate, or
Resident Commissioner as father, mother, son, daughter, brother,
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
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, grandson, or granddaughter.''.
(3) In clause 13 of rule XXIII, strike ``Copies of the executed oath
(or affirmation) shall be retained by the Clerk as part of the records
of the House.'' and insert ``Copies of the executed oath (or
affirmation) shall be retained as part of the records of the House, in
the case of a Member, Delegate, or the Resident Commissioner, by the
Clerk, and in the case of an officer or employee of the House, by the
Sergeant-at-Arms.''.
(4) In clause 15 of rule XXIII--
(A) in paragraph (a), strike ``paragraph (b)'' and insert
``paragraphs (b) and (c)'';
(B) in paragraph (b)--
(i) amend subparagraph (3) to read as follows:
``(3) the flight consists of the personal use of an aircraft
by a Member, Delegate, or the Resident Commissioner that is
supplied by--
``(A) an individual on the basis of personal
friendship; or
``(B) another Member, Delegate, or the Resident
Commissioner;'';
(ii) in subparagraph (4), strike the period and
insert ``; or''; and
(iii) add the following:
``(5) the owner or operator of the aircraft is paid a pro
rata share of the fair market value of the normal and usual
charter fare or rental charge for a comparable plane of
comparable size as determined by dividing such cost by the
number of Members, Delegates, or the Resident Commissioner,
officers, or employees of Congress on the flight.''; and
(C) redesignate paragraph (c) as paragraph (d) and insert
after paragraph (b) the following new paragraph:
``(c) An advance written request for a waiver of the restriction in
paragraph (a) may be granted jointly by the chair and ranking minority
member of the Committee on Ethics, subject to such conditions as they
may prescribe.''.
(f) Technical and Clarifying Changes.--
(1) In clause 12(b)(2) of rule I, strike ``Chair of the Committee of
the Whole'' and insert ``chair of the Committee of the Whole''.
(2) In clause 6(c)(4) of rule II, before ``the Committee on House
Administration'' insert ``the Committee on Appropriations and''.
(3) In rule V--
(A) in clause 1, strike ``telecommunications'' each place it
appears and insert (in each instance) ``communications'';
(B) in clause 2(a), strike ``recording of the proceedings''
and insert ``recording of the floor proceedings''; and
(C) in clause 2(c)(1), strike ``political purpose'' and
insert ``partisan political campaign purpose''.
(4) In clause 2(b) of rule XI, strike ``unless otherwise provided by
written rule adopted by the committee'' and insert ``if notice is given
pursuant to paragraph (g)(3)''.
(5) In clause 2(c)(2) of rule XI, before the last sentence, insert
``Such notice shall also be made publicly available in electronic form
and shall be deemed to satisfy paragraph (g)(3)(A)(ii).''.
(6) In clause 2(e)(1)(A)(ii) of rule XI, strike ``record vote is
demanded'' and insert ``record vote is taken''.
(7) In clause 2(e)(2)(A) of rule XI, strike ``all committee
hearings, records, data, charts, and files'' and insert ``all committee
records (including hearings, data, charts, and files)''.
(8) In clause 2(l) of rule XI--
(A) strike ``that member shall be entitled'' and insert
``all members shall be entitled''; and
(B) strike ``to file such views, in writing and signed by
that member,'' and insert ``to file such written and signed
views''.
(9) In clause 3(h) of rule XI--
(A) strike ``(h)(1)'' and insert ``(h)''; and
(B) redesignate subdivisions (A) and (B) as subparagraphs
(1) and (2), respectively.
(10) In clause 6(g) of rule XIII, strike ``it shall (to the maximum
extent possible) specify in the resolution the object of'' and insert
``it shall to the maximum extent possible specify in the accompanying
report''.
(11) In clause 2 of rule XV, strike ``standing'' each place it
appears.
(12) In clause 6 of rule XV, add the following new paragraph:
``(d) Precedents, rulings, or procedures in effect before the One
Hundred Eleventh Congress regarding the priority of business and the
availability of other business on Wednesday shall be applied only to the
extent consistent with this clause.''.
(13) In clause 5(c)(3)(B) of rule XX, after ``Minority Leader'' each
place it appears insert (in each instance) ``(or their respective
designees)''.
(14) In clause 8(a)(1) of rule XXII--
(A) in subdivision (A), after ``in the Congressional
Record'' insert ``or pursuant to clause 3 of rule XXIX''; and
(B) in subdivision (B), before ``copies'' insert ``printed
or electronic''.
(15) In clause 2 of rule XXIV, strike ``Clerk'' and insert ``Chief
Administrative Officer''.
(16) In clause 1 of rule XXVI, strike the second sentence.
SEC. 3. SEPARATE ORDERS.
(a) Independent Payment Advisory Board.--Section 1899A(d) of the Social
Security Act shall not apply in the One Hundred Thirteenth Congress.
(b) Budget Matters.--
(1) During the One Hundred Thirteenth 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 Thirteenth 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 Thirteenth 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 Thirteenth 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.
(5) During the first session of the One Hundred Thirteenth Congress,
pending the adoption of a concurrent resolution on the budget for fiscal
year 2014, the provisions of House Concurrent Resolution 112, One
Hundred Twelfth Congress, as adopted by the House, shall have force and
effect in the House as though Congress has adopted such concurrent
resolution, and the allocations of spending authority printed in tables
11 and 12 of House Report 112-421 (One Hundred Twelfth Congress) shall
be considered for all purposes in the House to be the allocations under
section 302(a) of the Congressional Budget Act of 1974.
(c) 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 section 503(b)(1) of House Concurrent Resolution
112, One Hundred Twelfth Congress.
(d) 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 paragraph, 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.
(e) Estimates of Direct Spending.--
(1) It shall not be in order to consider any concurrent resolution
on the budget, or amendment thereto or conference report thereon, unless
it contains a separate heading entitled ``Direct Spending'', which shall
include a category for ``Means-Tested Direct Spending'' and a category
for ``Nonmeans-Tested Direct Spending'' and sets forth--
(A) the average rate of growth for each category in the
total amount of outlays during the 10-year period preceding the
budget year;
(B) estimates for each such category under current law for
the period covered by the concurrent resolution; and
(C) information on proposed reforms in such categories.
(2) Before the consideration of a concurrent resolution on the
budget by the Committee on the Budget for a fiscal year, the chair of
the Committee on the Budget shall submit for printing in the
Congressional Record a description of programs which shall be considered
means-tested direct spending and nonmeans-tested direct spending for
purposes of this subsection.
(f) Certain Subcommittees.--Notwithstanding clause 5(d) of rule X, during
the One Hundred Thirteenth 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.
(g) Exercise Facilities for Former Members.--During the One Hundred
Thirteenth 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.
(h) Numbering of Bills.--In the One Hundred Thirteenth 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.
(i) Inclusion of United States Code Citations.--To the maximum extent
practicable and consistent with established drafting conventions, an instruction
in a bill or joint resolution proposing to repeal or amend any law or part
thereof not contained in a codified title of the United States Code shall
include, if available, the applicable United States Code citation in parenthesis
immediately following the designation of the matter proposed to be repealed or
amended.
(j) Duplication of Federal Programs.--
(1) The chair of a committee may request that the General
Accountability Office perform a duplication analysis of any bill or
joint resolution referred to that committee. Any such analysis shall
assess whether, and the extent to which, the bill or joint resolution
creates a new Federal program, office, or initiative that duplicates or
overlaps with any existing Federal program, office, or initiative.
(2) The report of a committee on a bill or joint resolution shall
include a statement, as though under clause 3(c) of rule XIII,
indicating whether any provision of the measure establishes or
reauthorizes a program of the Federal Government known to be duplicative
of another Federal program. The statement shall at a minimum explain
whether--
(A) any such program was included in any report from the
Government Accountability Office to Congress pursuant to section
21 of Public Law 111-139; or
(B) the most recent Catalog of Federal Domestic Assistance,
published pursuant to the Federal Program Information Act
(Public Law 95-220, as amended by Public Law 98-169), identified
other programs related to the program established or
reauthorized by the measure.
(k) Disclosure of Directed Rule Makings.--
(1) The report of a committee on a bill or joint resolution shall
include a statement, as though under clause 3(c) of rule XIII,
estimating the number of directed rule makings required by the measure.
(2) For purposes of this subparagraph, the term ``directed rule
making'' means a specific rule making within the meaning of section 551
of title 5, United States Code, specifically directed to be completed by
a provision in the measure, but does not include a grant of
discretionary rule making authority.
SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.
(a) Litigation Matters.--
(1) Continuing authority for the bipartisan legal advisory group.--
(A) The House authorizes the Bipartisan Legal Advisory Group
of the One Hundred Thirteenth Congress--
(i) to act as successor in interest to the
Bipartisan Legal Advisory Group of the One Hundred
Twelfth Congress with respect to civil actions in which
it intervened in the One Hundred Twelfth Congress to
defend the constitutionality of section 3 of the Defense
of Marriage Act (1 U.S.C. 7) or related provisions of
titles 10, 31, and 38, United States Code, including in
the case of Windsor v. United States, 833 F. Supp.2d 394
(S.D.N.Y. June 6, 2012), aff'd, 699 F.3d 169 (2d Cir.
Oct. 18, 2012), cert. granted, No. 12-307 (Dec. 7,
2012), cert. pending No. 12-63 (July 16, 2012) and 12-
785 (Dec. 28, 2012);
(ii) to take such steps as may be appropriate to
ensure continuation of such civil actions; and
(iii) to intervene in other cases that involve a
challenge to the constitutionality of section 3 of the
Defense of Marriage Act or related provisions of titles
10, 31, and 38, United States Code.
(B) Pursuant to clause 8 of rule II, the Bipartisan Legal
Advisory Group continues to speak for, and articulate the
institutional position of, the House in all litigation matters
in which it appears, including in Windsor v. United States.
(2) Continuing authorities for the committee on oversight and
government reform and the office of general counsel.--
(A) The House authorizes--
(i) the Committee on Oversight and Government Reform
of the One Hundred Thirteenth Congress to act as the
successor in interest to the Committee on Oversight and
Government Reform of the One Hundred Twelfth Congress
with respect to the civil action Committee on Oversight
and Government Reform, United States House of
Representatives v. Eric H. Holder, Jr., in his official
capacity as Attorney General of the United States, filed
by the Committee on Oversight and Government Reform in
the One Hundred Twelfth Congress pursuant to House
Resolution 706; and
(ii) the chair of the Committee on Oversight and
Government Reform (when elected), on behalf of the
Committee on Oversight and Government Reform, and the
Office of General Counsel to take such steps as may be
appropriate to ensure continuation of such civil action,
including amending the complaint as circumstances may
warrant.
(B) The House authorizes the chair of the Committee on
Oversight and Government Reform (when elected), on behalf of the
Committee on Oversight and Government Reform and until such
committee has adopted rules pursuant to clause 2(a) of rule XI,
to issue subpoenas related to the investigation into the United
States Department of Justice operation known as ``Fast and
Furious'' and related matters.
(C) The House authorizes the chair of the Committee on
Oversight and Government Reform (when elected), on behalf of the
Committee on Oversight and Government Reform, and the Office of
General Counsel to petition to join as a party to the civil
action referenced in paragraph (1) any individual subpoenaed by
the Committee on Oversight and Government Reform of the One
Hundred Twelfth Congress as part of its investigation into the
United States Department of Justice operation known as ``Fast
and Furious'' and related matters who failed to comply with such
subpoena, or any successor to such individual.
(D) The House authorizes the chair of the Committee on
Oversight and Government Reform (when elected), on behalf of the
Committee on Oversight and Government Reform, and the Office of
General Counsel, at the authorization of the Speaker after
consultation with the Bipartisan Legal Advisory Group, to
initiate judicial proceedings concerning the enforcement of
subpoenas issued to such individuals.
(b) House Democracy Partnership.--House Resolution 24, One Hundred Tenth
Congress, shall apply in the One Hundred Thirteenth 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.
(c) Tom Lantos Human Rights Commission.--Sections 1 through 7 of House
Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred
Thirteenth 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.
(d) Office of Congressional Ethics.--Section 1 of House Resolution 895, One
Hundred Tenth Congress, shall apply in the One Hundred Thirteenth Congress in
the same manner as such provision applied in the One Hundred Tenth Congress,
except that--
(1) 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));
(2) references to the Committee on Standards of Official Conduct
shall be construed as references to the Committee on Ethics;
(3) the second sentence of section 1(b)(6)(A) shall not apply; and
(4) members subject to section 1(b)(6)(B) may be reappointed for a
second additional term.
(e) Empaneling Investigative Subcommittee of the Committee on Standards of
Official Conduct.--The text of House Resolution 451, One Hundred Tenth Congress,
shall apply in the One Hundred Thirteenth Congress in the same manner as such
provision applied in the One Hundred Tenth Congress.
SEC. 5. ADDITIONAL ORDERS OF BUSINESS.
(a) Reading of the Constitution.--The Speaker may recognize a Member for the
Reading of the Constitution on any legislative day through January 15, 2013.
(b) Motions to Suspend the Rules.--It shall be in order at any time on the
legislative day of January 4, 2013, for the Speaker to entertain motions that
the House suspend the rules, as though under clause 1 of rule XV, relating to a
measure addressing flood insurance.
Attest:
Clerk.