[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 5 Engrossed in House (EH)]
<DOC>
H. Res. 5
In the House of Representatives, U. S.,
January 9, 2023.
Resolved,
SECTION 1. ADOPTION OF THE RULES OF THE ONE HUNDRED SEVENTEENTH CONGRESS.
The Rules of the House of Representatives of the One Hundred Seventeenth
Congress, including applicable provisions of law or concurrent resolution that
constituted rules of the House at the end of the One Hundred Seventeenth
Congress, are adopted as the Rules of the House of Representatives of the One
Hundred Eighteenth Congress, with amendments to the standing rules as provided
in section 2, and with other orders as provided in this resolution.
SEC. 2. CHANGES TO THE STANDING RULES.
(a) 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 purposes 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.--Amend rule XXVIII
to read as follows:
``RULE XXVIII
``(Reserved.)''.
(3) Point of order against amendments to appropriations bills
increasing budget authority.--In clause 2 of rule XXI, add at the end
the following new paragraph:
``(g) An amendment to a general appropriation bill shall not be in order if
proposing a net increase in the level of budget authority in the bill.''.
(4) Limitations 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.''.
(b) Increased Threshold for Tax Rate Increases.--
(1) Vote required for passage.--In clause 5 of rule XXI--
(A) redesignate paragraph (b) as paragraph (c); and
(B) insert after paragraph (a) the following new paragraph:
``Passage of tax rate increases
``(b) A bill or joint resolution, amendment, or conference report carrying a
Federal income tax rate increase may not be considered as passed or agreed to
unless so determined by a vote of not less than three-fifths of the Members
voting, a quorum being present. In this paragraph, the term `Federal income tax
rate increase' means any amendment to subsection (a), (b), (c), (d), or (e) of
section 1, or to section 11(b) or 55(b), of the Internal Revenue Code of 1986,
that imposes a new percentage as a rate of tax and thereby increases the amount
of tax imposed by any such section.''.
(2) Conforming amendment.--In clause 10 of rule XX, strike
``appropriations,'' and insert `` appropriations or increasing Federal
income tax rates (within the meaning of clause 5 of rule XXI),''.
(c) Two-minute Votes.--In clause 9 of rule XX--
(1) in the heading, strike ``Five-minute'' and insert ``Two-
minute'';
(2) in paragraph (a), strike ``five minutes'' and insert ``not less
than two minutes''; and
(3) in paragraph (b), strike ``five-minute voting'' and insert
``reduced voting times''.
(d) Modifications to Calendar Wednesday.--In clause 6(a) of rule XV, strike
``on the preceding legislative day'' and insert ``at least 72 hours in
advance''.
(e) Committee Authorization and Oversight Plans.--
(1) Plans.--In rule X, amend clause 2(d) to read as follows:
``(d)(1) Not later than March 1 of the first session of a Congress, each
standing committee (other than the Committee on Appropriations, the Committee on
Ethics, and the Committee on Rules) shall, in a meeting that is open to the
public, adopt its authorization and oversight plan for that Congress. Such plan
shall be submitted simultaneously to the Committee on Oversight and
Accountability and the Committee on House Administration.
``(2) Each such plan shall include, with respect to programs and agencies
within the committee's jurisdiction, and to the maximum extent practicable--
``(A) a list of such programs or agencies with lapsed authorizations
that received funding in the prior fiscal year or, in the case of a
program or agency with a permanent authorization, which has not been
subject to a comprehensive review by the committee in the prior three
Congresses;
``(B) a description of each such program or agency to be authorized
in the current Congress;
``(C) a description of each such program or agency to be authorized
in the next Congress, if applicable;
``(D) a description of any oversight to support the authorization of
each such program or agency in the current Congress; and
``(E) recommendations for changes to existing law for moving such
programs or agencies from mandatory funding to discretionary
appropriations, where appropriate.
``(3) Each such plan may include, with respect to the programs and agencies
within the committee's jurisdiction--
``(A) recommendations for the consolidation or termination of such
programs or agencies that are duplicative, unnecessary, or inconsistent
with the appropriate roles and responsibilities of the Federal
Government;
``(B) recommendations for changes to existing law related to Federal
rules, regulations, statutes, and court decisions affecting such
programs and agencies that are inconsistent with the authorities of the
Congress under Article I of the Constitution; and
``(C) a description of such other oversight activities as the
committee may consider necessary.
``(4) In the development of such plan, the chair of each committee shall
coordinate with other committees of jurisdiction to ensure that programs and
agencies are subject to routine, comprehensive authorization efforts.
``(5) Not later than April 15 in the first session of a Congress, after
consultation with the Speaker, the Majority Leader, and the Minority Leader, the
Committee on Oversight and Accountability shall report to the House the
authorization and oversight plans submitted by committees under subparagraph (1)
together with any recommendations that it, or the House leadership group
described above, may make to ensure the most effective coordination of
authorization and oversight plans and otherwise to achieve the objectives of
this clause.''.
(2) Conforming amendments.--In clause 1(d)(2) of rule XI--
(A) in subdivision (B), strike ``oversight plans'' and
insert ``authorization and oversight plans''; and
(B) in subdivision (C), strike ``oversight plans'' and
insert ``authorization and oversight plans''.
(f) Cost Estimates for Major Legislation to Include Macroeconomic Effects.--
In rule XIII, add at the end the following new clause:
``Estimates of major legislation
``8.(a) An estimate provided by the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 for any major legislation
shall, to the extent practicable, incorporate the budgetary effects of changes
in economic output, employment, capital stock, and other macroeconomic variables
resulting from such legislation.
``(b) An estimate provided by the Joint Committee on Taxation to the
Director of the Congressional Budget Office under section 201(f) of the
Congressional Budget Act of 1974 for any major legislation shall, to the extent
practicable, incorporate the budgetary effects of changes in economic output,
employment, capital stock, and other macroeconomic variables resulting from such
legislation.
``(c) An estimate referred to in this clause shall, to the extent
practicable, include--
``(1) a qualitative assessment of the budgetary effects (including
macroeconomic variables described in paragraphs (a) and (b)) of such
legislation in the 20-fiscal year period beginning after the last fiscal
year of the most recently agreed to concurrent resolution on the budget
that set forth appropriate levels required by section 301 of the
Congressional Budget Act of 1974; and
``(2) an identification of the critical assumptions and the source
of data underlying that estimate.
``(d) As used in this clause--
``(1) the term `major legislation' means any bill or joint
resolution--
``(A) for which an estimate is required to be prepared
pursuant to section 402 of the Congressional Budget Act of 1974
and that causes a gross budgetary effect (before incorporating
macroeconomic effects) in any fiscal year over the years of the
most recently agreed to concurrent resolution on the budget
equal to or greater than 0.25 percent of the current projected
gross domestic product of the United States for that fiscal
year; or
``(B) designated as such by the chair of the Committee on
the Budget for all direct spending legislation other than
revenue legislation or the Member who is chair or vice chair, as
applicable, of the Joint Committee on Taxation for revenue
legislation; and
``(2) the term `budgetary effects' means changes in revenues,
outlays, and deficits.''.
(g) Ethics Reform.--In clause 3(r) of rule XI--
(1) strike ``(r) Upon receipt'' and insert ``(r)(1) Upon receipt'';
and
(2) add at the end the following new subparagraph:
``(2) In addition to receiving written notifications from the Office of
Congressional Ethics under subparagraph (1), the committee shall adopt rules
providing for a process to receive from the public outside information offered
as a complaint. The process shall include the establishment of a method for the
submission of such information to the committee in electronic form.''.
(h) Empaneling Investigative Subcommittee of Committee on Ethics.--In clause
3(b) of rule XI, add at the end the following:
``(9) Whenever a Member, Delegate, or the Resident Commissioner is indicted
or otherwise formally charged with criminal conduct in a court of the United
States or any State, the Committee on Ethics shall, not later than 30 days after
the date of such indictment or charge--
``(A) empanel an investigative subcommittee to review the
allegations; or
``(B) submit a report to the House describing its reasons for not
empaneling such an investigative subcommittee, together with the
actions, if any, the committee has taken in response to the
allegations.''.
(i) Treatment of Evidence in Committee and Subcommittee Investigations.--In
clause 3(p) of rule XI--
(1) in subparagraph (5)(C), strike the semicolon at the end and
insert ``; or'';
(2) in subparagraph (5)(D), strike ``or'' at the end;
(3) strike subparagraph (5)(E);
(4) in subparagraph (7), strike the semicolon at the end and insert
``; and'';
(5) in subparagraph (8), strike ``; and'' and insert a period; and
(6) strike subparagraph (9).
(j) Designating Committee on Oversight and Accountability.--In the standing
rules, strike ``Committee on Oversight and Reform'' each place it appears and
insert (in each instance) ``Committee on Oversight and Accountability''.
(k) Designating Committee on Education and the Workforce.--In rule X--
(1) in clause 1(e), strike ``Committee on Education and Labor'' and
insert ``Committee on Education and the Workforce''; and
(2) in clause 3(d), strike ``Committee on Education and Labor'' and
insert ``Committee on Education and the Workforce''.
(l) Subcommittees of Committee on Agriculture.--In clause 5(d)(2) of rule
X--
(1) redesignate subdivisions (B) through (F) as subdivisions (C)
through (G), respectively; and
(2) insert after subdivision (A) the following new subdivision:
``(B) The Committee on Agriculture may have not more than six
subcommittees.''.
(m) Cybersecurity.--In clause 1(j)(3) of rule X, add at the end the
following:
``(G) Cybersecurity.''.
(n) Scope of Authority to Act in Continuing Litigation Matters.--In clause
8(c) of rule II, strike ``, including, but not limited to, the issuance of
subpoenas,''.
(o) Record Votes on Measures Reported by the Committee on Rules.--In clause
3(b) of rule XIII, strike ``, and applies only to the maximum extent practicable
to a report by the Committee on Rules on a rule, joint rule, or the order of
business''.
(p) Access to Hall of the House.--In clause 2(a)(14) of rule IV, strike
``and of the Territories and the Mayor of the District of Columbia''.
(q) Resolution Declaring the Office of Speaker Vacant.--In clause 2(a) of
rule IX, strike subparagraph (3).
SEC. 3. SEPARATE ORDERS.
(a) Holman Rule.--During the One Hundred Eighteenth Congress, any reference
in clause 2 of rule XXI to a provision or amendment that retrenches expenditures
by a reduction of amounts of money covered by the bill shall be construed as
applying to any provision or amendment (offered after the bill has been read for
amendment) that retrenches expenditures by--
(1) reduction of amounts of money in the bill;
(2) the reduction of the number and salary of the officers of the
United States; or
(3) the reduction of the compensation of any person paid out of the
Treasury of the United States.
(b) Restoring Legislative Branch Accountability.--The regulations adopted
pursuant to House Resolution 1096, One Hundred Seventeenth Congress, shall have
no force or effect during the One Hundred Eighteenth Congress.
(c) Requirement With Respect to Single-subject Bills.--
(1) In general.--During the One Hundred Eighteenth Congress, a bill
or joint resolution may not be introduced unless the sponsor submits for
printing in the Congressional Record a statement setting forth the
single subject of the bill or joint resolution. Such statement shall be
included with the statement required by clause 7(c) of rule XII, and
shall appear in a portion of the Record designated for that purpose and
be made publicly available in electronic form by the Clerk.
(2) Effective date.--This subsection shall become effective on
February 1, 2023.
(3) Transition.--On any bill or joint resolution introduced prior to
the effective date of this subsection, the statement required under
paragraph (1) shall, to the extent practicable, be submitted by the
sponsor prior to committee or House consideration.
(d) Question of Consideration for Germaneness.--
(1) In general.--During the One Hundred Eighteenth Congress, it
shall not be in order to consider a rule or order that waives all points
of order against an amendment submitted to the Committee on Rules
otherwise in violation of clause 7 of rule XVI.
(2) Disposition of point of order.--As disposition of a point of
order under paragraph (1), the Chair shall put the question of
consideration with respect to the rule or order, as applicable. The
question of consideration shall be debatable for 10 minutes by the
Member initiating the point of order and for 10 minutes by an opponent,
but shall otherwise be decided without intervening motion.
(e) Budget Matters.--
(1) Interim enforcement of allocations, aggregates, and other
appropriate levels pending adoption of concurrent resolution on the
budget.--
(A) In general.--During the first session of the One Hundred
Eighteenth Congress--
(i) the allocations, aggregates, and other
appropriate levels submitted for printing in the
Congressional Record by the chair of the Committee on
the Budget shall be considered for all purposes in the
House to be the allocations, aggregates, and other
appropriate levels under titles III and IV of the
Congressional Budget Act of 1974; and
(ii) the provisions of Senate Concurrent Resolution
14, One Hundred Seventeenth Congress, shall have no
force or effect.
(B) Revisions by chair of committee on the budget in certain
cases.--
(i) The chair of the Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels referred to in
subparagraph (A) for any bill or joint resolution, or
amendment thereto or conference report thereon, if such
measure would not increase direct spending in either the
period of--
(I) fiscal years 2023 to 2028; and
(II) fiscal years 2023 to 2033.
(ii) The chair of the Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels referred to in
subparagraph (A) to take into account the most recent
baseline published by the Congressional Budget Office.
(C) Authority for interim enforcement prior to election of
chair of committee on the budget.--Prior to the election of a
chair of the Committee on the Budget, the Majority Leader or his
designee may submit the matter referred to in subparagraph (A)
or make such revisions referred to in subparagraph (B).
(D) Exemption.--The chair of the Committee on the Budget or,
prior to the election of the chair, the Majority Leader or his
designee may adjust an estimate under clause 4 of rule XXIX to
exempt the budgetary effects of measures to protect taxpayers
with taxable incomes below $400,000 from an increase in audits
above the most recent tax year from the Internal Revenue
Service.
(2) Long term spending point of order.--
(A) Congressional budget office analysis of proposals.--The
Director of the Congressional Budget Office shall, to the extent
practicable, prepare an estimate of whether a bill or joint
resolution reported by a committee (other than the Committee on
Appropriations), or amendment thereto or conference report
thereon, would cause, relative to current law, a net increase in
direct spending in excess of $2,500,000,000 in any of the 4
consecutive 10-fiscal year periods beginning with the first
fiscal year that is 10 fiscal years after the current fiscal
year.
(B) Point of order.--It shall not be in order to consider
any bill or joint resolution reported by a committee, or
amendment thereto or conference report thereon, that would cause
a net increase in direct spending in excess of $2,500,000,000 in
any of the 4 consecutive 10-fiscal year periods described in
subparagraph (A).
(C) Determinations of budget levels.--For purposes of this
subsection, the levels of net increases in direct spending shall
be determined on the basis of estimates provided by the chair of
the Committee on the Budget.
(3) Analysis of inflationary impact for certain legislation.--During
the One Hundred Eighteenth Congress, if an estimate provided by the
Congressional Budget Office under section 402 of the Congressional
Budget Act of 1974 shows changes in mandatory spending that cause a
gross budgetary effect in any fiscal year over a 10-year period that is
equal to or greater than .25 percent of the projected gross domestic
product (measured by the Consumer Price Index for All Urban Consumers)
for the current fiscal year, or upon the request of the chair of the
Committee on the Budget, then such estimate shall include, to the extent
practicable, a statement estimating the inflationary effects of the
legislation, including whether the legislation is determined to have no
significant impact on inflation, is determined to have a quantifiable
inflationary impact on the consumer price index, or is determined likely
to have a significant impact on inflation but the amount cannot be
determined at the time the estimate is prepared.
(4) Content of cbo analysis for certain legislation affecting the
federal hospital insurance trust fund or the old-age, survivors, and
disability insurance trust fund.--During the One Hundred Eighteenth
Congress, if an estimate provided by the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974 shows that
legislation impacting either the Federal Hospital Insurance Trust Fund
or the Old-Age, Survivors, and Disability Insurance Trust Fund (OASDI)
causes a gross budgetary effect in any fiscal year over a 10-year period
that is equal to or greater than .25 percent of the projected gross
domestic product (measured by the Consumer Price Index for All Urban
Consumers) for the current fiscal year, or upon request of the chair of
the Committee on the Budget, then such estimate shall, to the extent
practicable, display--
(A) the impact of legislation on the Federal Hospital
Insurance Trust Fund's unfunded liabilities over a 25-year
projection, solvency projections, and the net present value of
those liabilities; and
(B) the impact of legislation on the OASDI trust fund's
unfunded liabilities over a 75-year projection, solvency
projections, and the net present value of those liabilities.
(f) 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) A point of order under clause 2(b) of rule XXI shall not apply
to a spending reduction account.
(4) 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.
(5) 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) 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; or
(B) if no such allocation is in effect, ``$0''.
(g) Scoring Conveyances of Federal Land.--
(1) In general.--In the One Hundred Eighteenth Congress, for all
purposes in the House, a provision in a bill or joint resolution, or in
an amendment thereto or a conference report thereon, requiring or
authorizing a conveyance of Federal land to a State, local government,
or tribal entity shall not be considered as providing new budget
authority, decreasing revenues, increasing mandatory spending, or
increasing outlays.
(2) Definitions.--In this subsection:
(A) The term ``conveyance'' means any method, including
sale, donation, or exchange, by which all or any portion of the
right, title, and interest of the United States in and to
Federal land is transferred to another entity.
(B) The term ``Federal land'' means any land owned by the
United States, including the surface estate, the subsurface
estate, or any improvements thereon.
(C) The term ``State'' means any of the several States, the
District of Columbia, or a territory (including a possession) of
the United States.
(h) Member Day Hearing Requirement.--During the first session of the One
Hundred Eighteenth Congress, each standing committee (other than the Committee
on Ethics) shall hold a hearing at which it receives testimony from Members,
Delegates, and the Resident Commissioner on proposed legislation within its
jurisdiction, except that the Committee on Rules may hold such hearing during
the second session of the One Hundred Eighteenth Congress.
(i) Information to Committees of Congress on Request.--During the One
Hundred Eighteenth Congress, the chair of the Committee on Oversight and
Accountability must be included as one of the seven members of the committee
making any request of an Executive agency pursuant to section 2954 of title 5,
United States Code.
(j) Remote Appearance of Witnesses.--
(1) In general.--During the One Hundred Eighteenth Congress, at the
discretion of the chair of a committee and in accordance with
regulations submitted for printing in the Congressional Record by the
chair of the Committee on Rules--
(A) witnesses at committee or subcommittee proceedings may
appear remotely;
(B) counsel shall be permitted to accompany witnesses
appearing remotely; and
(C) an oath may be administered to a witness remotely for
purposes of clause 2(m)(2) of rule XI.
(2) Applicability.--This subsection shall apply only to witnesses
appearing in a non-governmental capacity.
(k) Deposition Authority.--
(1) In general.--During the One Hundred Eighteenth Congress, the
chair of a standing committee (other than the Committee on Rules), and
the chair of the Permanent Select Committee on Intelligence, upon
consultation with the ranking minority member of such committee, may
order the taking of depositions, including pursuant to subpoena, by a
member or counsel of such committee.
(2) Regulations.--Depositions taken under the authority prescribed
in this subsection shall be subject to regulations issued by the chair
of the Committee on Rules and printed in the Congressional Record.
(3) Persons permitted to attend depositions.--Deponents may be
accompanied at a deposition by two designated personal, nongovernmental
attorneys to advise them of their rights. Only members, committee staff
designated by the chair or ranking minority member, an official
reporter, the witness, and the witness's two designated attorneys are
permitted to attend. Other persons, including government agency
personnel, may not attend.
(l) Broadening Availability and Utility of Legislative Documents in Machine-
readable Formats.--The Committee on House Administration, the Clerk, and other
officers and officials of the House shall continue efforts to broaden the
availability and utility of legislative documents in machine readable formats in
the One Hundred Eighteenth Congress in furtherance of the institutional
priorities of--
(1) improving public availability and use of legislative information
produced by the House and its committees; and
(2) enabling all House staff to produce comparative prints showing
the differences between versions of legislation, how proposed
legislation will amend existing law, and how an amendment may change
proposed legislation.
(m) Improving the Committee Electronic Document Repository.--The Clerk, the
Committee on House Administration, and other officers and officials of the House
shall continue efforts to improve the electronic document repository operated by
the Clerk for use by committees of the House in the One Hundred Eighteenth
Congress, in furtherance of the institutional priority of increasing public
availability and identification of legislative information produced and held by
House committees, including votes, amendments, and witness disclosure forms.
(n) Providing for Transparency With Respect to Memorials Submitted Pursuant
to Article V of the Constitution of the United States.--With respect to any
memorial presented under clause 3 of rule XII purporting to be an application of
the legislature of a State calling for a convention for proposing amendments to
the Constitution of the United States pursuant to Article V, or a rescission of
any such prior application--
(1) the chair of the Committee on the Judiciary shall, in the case
of such a memorial presented in the One Hundred Fourteenth Congress or
succeeding Congresses, and may, in the case of such a memorial presented
prior to the One Hundred Fourteenth Congress, designate any such
memorial for public availability by the Clerk; and
(2) the Clerk shall make such memorials as are designated pursuant
to paragraph (1) publicly available in electronic form, organized by
State of origin and year of receipt, and shall indicate whether the
memorial was designated as an application or a rescission.
(o) War Powers Resolution.--During the One Hundred Eighteenth Congress, a
motion to discharge a measure introduced pursuant to section 6 or section 7 of
the War Powers Resolution (50 U.S.C. 1545-46) shall not be subject to a motion
to table.
(p) Further Expenses for Resolving Contested Elections.--
(1) Amounts for expenses of committee on house administration.--
There shall be paid out of the applicable accounts of the House of
Representatives such sums as may be necessary for further expenses of
the Committee on House Administration for the One Hundred Eighteenth
Congress for resolving contested elections.
(2) Session limitation.--The amount specified in paragraph (1) shall
be available for expenses incurred during the period beginning at noon
on January 3, 2023, and ending immediately before noon on January 3,
2024.
(3) Vouchers.--Payments under this subsection shall be made on
vouchers authorized by the Committee on House Administration, signed by
the chair of the Committee, and approved in the manner directed by the
Committee.
(4) Regulations.--Amounts made available under this subsection shall
be expended in accordance with regulations prescribed by the Committee
on House Administration.
(q) Ethics Reform.--The Speaker is directed to establish a bipartisan task
force to conduct a comprehensive review of House ethics rules and regulations,
and such task force shall submit recommended improvements to the Speaker, the
Majority Leader, the Minority Leader, and the respective chairs and ranking
minority members of the committees on Ethics and Rules.
(r) Exercise Facilities for Former Members.--During the One Hundred
Eighteenth 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 who is an agent of a foreign
principal as defined in clause 5 of rule XXV. For purposes of this
subsection, 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.
(s) Non-disclosure Agreements.--Any non-disclosure agreement imposed by any
employing or contracting authority in the House of Representatives to which a
paid or unpaid employee or contractor is or was required to agree as a term of
employment shall--
(1) provide clear guidance that the employee or contractor may
communicate concerning any matter with the Committee on Ethics, the
Office of Congressional Workplace Rights, or any other office or entity
designated by the Committee on House Administration without prior,
concurrent, or subsequent notice or approval; and
(2) not be binding and shall have no legal effect to the extent to
which it requires prior, concurrent, or subsequent notice or approval
from anyone on any matter with respect to communications from an
employee or contractor to any of the committees, offices, or entities
described in paragraph (1).
(t) Mandatory Anti-harassment and Anti-discrimination Policies for House
Offices.--
(1) Requiring offices to adopt policy.--Each employing office of the
House of Representatives under the Congressional Accountability Act of
1995 shall adopt an anti-harassment and anti-discrimination policy for
the office's workplace.
(2) Regulations.--Not later than April 1, 2023, the Committee on
House Administration shall promulgate regulations to carry out this
subsection, and shall ensure that such regulations are consistent with
the requirements of the Congressional Accountability Act of 1995, rule
XXIII, and other relevant laws, rules, and regulations.
(u) Displaying Statement of Rights and Protections Provided to House
Employees.--The Committee on House Administration shall issue regulations to
provide that each employing office of the House of Representatives shall post in
a prominent location in the office (including, in the case of the office of a
Member, Delegate, or the Resident Commissioner, a prominent location in each
district office) a statement of the rights and protections provided to employees
of the House of Representatives under the Congressional Accountability Act of
1995, including the procedures available to employees of the House under such
Act for responding to and adjudicating allegations of violations of such rights
and protections.
(v) Requiring Members to Pay for Discrimination Settlements.--
(1) In general.--In the case of a settlement of a complaint under
the Congressional Accountability Act of 1995 in connection with a claim
alleging a violation described in paragraph (2) which is committed
personally by a Member, Delegate, or Resident Commissioner, if the
Member, Delegate, or Resident Commissioner is not required under law to
reimburse the Treasury for the amount of the settlement, the chair and
ranking minority member of the Committee on House Administration may not
approve the settlement pursuant to clause 4(d)(2) of rule X unless,
under the terms and conditions of the settlement, the Member, Delegate,
or Resident Commissioner is required to reimburse the Treasury for the
amount of the settlement.
(2) Violations described.--A violation described in this paragraph
is--
(A) a violation of section 201(a) or section 206(a) of the
Congressional Accountability Act of 1995; or
(B) a violation of section 208 of such Act which consists of
intimidating, taking reprisal against, or otherwise
discriminating against any covered employee under such Act
because of a claim alleging a violation described in
subparagraph (A).
(w) Congressional Member Organization Transparency Reform.--
(1) Payment of salaries and expenses through account of
organization.--A Member of the House of Representatives and an eligible
Congressional Member Organization may enter into an agreement under
which--
(A) an employee of the Member's office may carry out
official and representational duties of the Member by assignment
to the Organization; and
(B) to the extent that the employee carries out such duties
under the agreement, the Member shall transfer the portion of
the Members' Representational Allowance (MRA) of the Member
which would otherwise be used for the salary and related
expenses of the employee to a dedicated account in the House of
Representatives which is administered by the Organization, in
accordance with the regulations promulgated by the Committee on
House Administration under paragraph (2).
(2) Regulations.--The Committee on House Administration (hereafter
referred to in this subsection as the ``Committee'') shall promulgate
regulations as follows:
(A) Use of mra.--Pursuant to the authority of section 101(d)
of the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5341(d)), the Committee shall
prescribe regulations to provide that an eligible Congressional
Member Organization may use the amounts transferred to the
Organization's dedicated account under paragraph (1)(B) for the
same purposes for which a Member of the House of Representatives
may use the Members' Representational Allowance, except that the
Organization may not use such amounts for franked mail, official
travel, or leases of space or vehicles.
(B) Maintenance of limitations on number of shared
employees.--Pursuant to the authority of section 104(d) of the
House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5321(d)), the Committee shall
prescribe regulations to provide that an employee of the office
of a Member of the House of Representatives who is covered by an
agreement entered into under paragraph (1) between the Member
and an eligible Congressional Member Organization shall be
considered a shared employee of the Member's office and the
Organization for purposes of such section, and shall include in
such regulations appropriate accounting standards to ensure that
a Member of the House of Representatives who enters into an
agreement with such an Organization under paragraph (1) does not
employ more employees than the Member is authorized to employ
under such section.
(C) Participation in student loan repayment program.--
Pursuant to the authority of section 105(b) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 4536(b)), relating to
the student loan repayment program for employees of the House,
the Committee shall promulgate regulations to provide that, in
the case of an employee who is covered by an agreement entered
into under paragraph (1) between a Member of the House of
Representatives and an eligible Congressional Member
Organization and who participates in such program while carrying
out duties under the agreement--
(i) any funds made available for making payments
under the program with respect to the employee shall be
transferred to the Organization's dedicated account
under paragraph (1)(B); and
(ii) the Organization shall use the funds to repay a
student loan taken out by the employee, under the same
terms and conditions which would apply under the program
if the Organization were the employing office of the
employee.
(D) Access to house services.--The Committee shall prescribe
regulations to ensure that an eligible Congressional Member
Organization has appropriate access to services of the House.
(E) Other regulations.--The Committee shall promulgate such
other regulations as may be appropriate to carry out this
subsection.
(3) Eligible congressional member organization defined.--In this
subsection, the term ``eligible Congressional Member Organization''
means, with respect to the One Hundred Eighteenth Congress, an
organization meeting each of the following requirements:
(A) The organization is registered as a Congressional Member
Organization with the Committee on House Administration.
(B) The organization designates a single Member of the House
of Representatives to be responsible for the administration of
the organization, including the administration of the account
administered under paragraph (1)(B), and includes the
identification of such Member with the statement of organization
that the organization files and maintains with the Committee on
House Administration.
(C) At least 3 employees of the House are assigned to
perform some work for the organization.
(D) During the One Hundred Seventeenth Congress, at least 30
Members of the House of Representatives used a portion of the
Members' Representational Allowance of the Member for the salary
and related expenses of an employee who was a shared employee of
the Member's office and the organization.
(E) The organization files a statement with the Committee on
House Administration and the Chief Administrative Officer of the
House of Representatives certifying that it will administer an
account in accordance with paragraph (1)(B).
(x) Determination With Respect to Placement of Measure on Consensus
Calendar.--During the One Hundred Eighteenth Congress, not later than 2
legislative days after a measure is placed on the Consensus Calendar pursuant to
clause 7(c) of rule XV, the Majority Leader shall, in the case such measure is
not in compliance with any legislative protocols of the Majority Leader, submit
to the Congressional Record a determination with respect to such noncompliance.
(y) Transfer of Certain Committee Records to Committee on House
Administration.--
(1) Any committee designated by the Speaker pursuant to section
7(b)(1) of House Resolution 503, One Hundred Seventeenth Congress, is
directed to transfer any records obtained pursuant to such designation
to the Committee on House Administration, not later than January 17,
2023.
(2) The Archivist is directed to transfer any noncurrent records of
a committee designated by the Speaker pursuant to section 7(b)(1) of
House Resolution 503, One Hundred Seventeenth Congress, and related to
the select committee established pursuant to such resolution which have
been archived pursuant to rule VII to the Committee on House
Administration not later than January 17, 2023.
(3) Any records transferred or withdrawn pursuant to this subsection
shall become the records of the Committee on House Administration.
(z) Procedures During District Work Periods.--
(1) On any legislative day of the One Hundred Eighteenth Congress
occurring during a ``district work period'' as designated by the
Speaker--
(A) the Journal of the proceedings of the previous day shall
be considered as approved; and
(B) the Chair may at any time declare the House adjourned to
meet at a date and time, within the limits of clause 4, section
5, article I of the Constitution, to be announced by the Chair
in declaring the adjournment.
(2) The Speaker may appoint Members to perform the duties of the
Chair for the duration of a district work period described in paragraph
(1) as though under clause 8(a) of rule I.
(3) Each day during a district work period described in paragraph
(1) shall not constitute--
(A) a calendar day for purposes of section 7 of the War
Powers Resolution (50 U.S.C. 1546);
(B) a legislative day for purposes of clause 7 of rule XIII;
(C) a calendar or legislative day for purposes of clause
7(c)(1) of rule XXII; or
(D) a legislative day for purposes of clause 7 of rule XV.
(aa) Reduction of Unauthorized Spending.--
(1) In general.--During the first session of the One Hundred
Eighteenth Congress, it shall not be in order to report an appropriation
in a general appropriation bill, for an expenditure not previously
authorized by law, in excess of the most recent level at which an
appropriation for such expenditure has been enacted into law.
(2) Adoption of amendment to reduce appropriation.--If a point of
order under paragraph (1) is sustained, an amendment shall be considered
to have been adopted in the House and in the Committee of the Whole
reducing the amount of such appropriation to the most recent level at
which such appropriation has been enacted in law.
(3) Requirement to entertain point of order.--The Chair shall not
entertain a point of order under paragraph (1) unless any levels
described in paragraph (2) have been submitted to the Chair.
(bb) Numbering of Bills.--In the One Hundred Eighteenth 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.
SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.
(a) Select Subcommittee on the Coronavirus Pandemic.--
(1) Establishment; composition.--
(A) Establishment.--There is hereby established for the One
Hundred Eighteenth Congress a select investigative subcommittee
of the Committee on Oversight and Accountability called the
Select Subcommittee on the Coronavirus Pandemic (hereinafter
referred to as the ``select subcommittee'').
(B) Composition.--
(i) The select subcommittee shall be composed of not
more than 12 Members, Delegates, or the Resident
Commissioner appointed by the Speaker, of whom not more
than 5 shall be appointed in consultation with the
Minority Leader. The Speaker shall designate one member
of the select subcommittee as its chair. Any vacancy in
the select subcommittee shall be filled in the same
manner as the original appointment.
(ii) The chair and ranking minority member of the
Committee on Oversight and Accountability shall be ex
officio members of the select subcommittee but shall
have no vote in the select subcommittee and may not be
counted for purposes of determining a quorum.
(iii) Each member appointed to the select
subcommittee shall be treated as though a member of the
Committee on Oversight and Accountability for purposes
of the select subcommittee.
(2) Investigative functions and authority.--
(A) Investigative functions.--The select subcommittee is
authorized and directed to conduct a full and complete
investigation and study and, not later than January 2, 2025,
issue a final report to the House of its findings (and such
interim reports as it may deem necessary) regarding--
(i) the origins of the Coronavirus pandemic,
including but not limited to the Federal Government's
funding of gain-of-function research;
(ii) the efficiency, effectiveness, and transparency
of the use of taxpayer funds and relief programs to
address the coronavirus pandemic, including any reports
of waste, fraud, or abuse;
(iii) the implementation or effectiveness of any
Federal law or regulation applied, enacted, or under
consideration to address the coronavirus pandemic and
prepare for future pandemics;
(iv) the development of vaccines and treatments, and
the development and implementation of vaccination
policies for Federal employees and members of the armed
forces;
(v) the economic impact of the coronavirus pandemic
and associated government response on individuals,
communities, small businesses, health care providers,
States, and local government entities;
(vi) the societal impact of decisions to close
schools, how the decisions were made and whether there
is evidence of widespread learning loss or other
negative effects as a result of these decisions;
(vii) executive branch policies, deliberations,
decisions, activities, and internal and external
communications related to the coronavirus pandemic;
(viii) the protection of whistleblowers who provide
information about waste, fraud, abuse, or other improper
activities related to the coronavirus pandemic; and
(ix) cooperation by the executive branch and others
with Congress, the Inspectors General, the Government
Accountability Office, and others in connection with
oversight of the preparedness for and response to the
coronavirus pandemic.
(B) Authority.--
(i) The select subcommittee may report to the House
or any committee of the House from time to time the
results of its investigations and studies, together with
such detailed findings and legislative recommendations
as it may deem advisable.
(ii) The select subcommittee may not hold a markup
of legislation.
(3) Procedure.--
(A) Rule XI and the rules of the Committee on Oversight and
Accountability shall apply to the select subcommittee in the
same manner as a subcommittee except as follows:
(i) The chair of the select subcommittee may, after
consultation with the ranking minority member,
recognize--
(I) members of the select subcommittee to
question a witness for periods longer than five
minutes as though pursuant to clause 2(j)(2)(B)
of such rule XI; and
(II) staff of the select subcommittee to
question a witness as though pursuant to clause
2(j)(2)(C) of such rule XI.
(ii) The select subcommittee may not authorize and
issue subpoenas, but the Committee on Oversight and
Accountability (or the chair of the Committee on
Oversight and Accountability, if acting in accordance
with clause 2(m)(3)(A)(i) of rule XI) may authorize and
issue subpoenas to be returned at the select
subcommittee.
(B) The provisions of this resolution shall govern the
proceedings of the select subcommittee in the event of any
conflict with the rules of the House or of the Committee on
Oversight and Accountability.
(4) Service.--Service on the select subcommittee shall not count
against the limitations in clause 5(b)(2)(A) of rule X.
(5) Successor.--The Committee on Oversight and Accountability is the
``successor in interest'' to the select subcommittee for purposes of
clause 8(c) of rule II.
(6) Sunset.--The select subcommittee shall cease to exist 30 days
after filing the final report required under paragraph (2).
(b) House Democracy Partnership.--House Resolution 24, One Hundred Tenth
Congress, shall apply in the One Hundred Eighteenth 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
Eighteenth 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;
(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;
and
(3) any amounts authorized to provide full-time professional staff
and resources to the Tom Lantos Human Rights Commission shall be in
addition to and separate from the amounts authorized for salaries and
expenses of the Committee on Foreign Affairs as provided by resolution
of the House, shall be administered by the Committee on Foreign Affairs,
and shall be distributed equally between the co-chairs of the
Commission.
(d) Office of Congressional Ethics.--Section 1 of House Resolution 895, One
Hundred Tenth Congress, shall apply in the One Hundred Eighteenth 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. 4301(i));
(2) references to the Committee on Standards of Official Conduct
shall be construed as references to the Committee on Ethics;
(3) any requirement for concurrence in section 1(b)(1) shall be
construed as a requirement for consultation;
(4) any individual who is the subject of a preliminary review or
second-phase review by the board shall be informed of the right to be
represented by counsel and invoking that right should not be held
negatively against such individual;
(5) the Office may not take any action that would deny any person
any right or protection provided under the Constitution of the United
States;
(6) any member of the board currently serving a term in excess of
the limitations of section 1(b)(6) of such resolution shall be
considered as removed from the board; and
(7) the provision regarding appointment and compensation of staff
shall require an affirmative vote of at least 4 members of the board not
later than 30 calendar days after the date of the adoption of this
resolution.
SEC. 5. ORDERS OF BUSINESS.
(a) At any time after the adoption of this resolution the Speaker may,
pursuant to clause 2(b) of rule XVIII, declare the House resolved into the
Committee of the Whole House on the State of the Union for consideration of the
bill (H.R. 21) to provide for the development of a plan to increase oil and gas
production under oil and gas leases of Federal lands under the jurisdiction of
the Secretary of Agriculture, the Secretary of Energy, the Secretary of the
Interior, and the Secretary of Defense in conjunction with a drawdown of
petroleum reserves from the Strategic Petroleum Reserve. The first reading of
the bill shall be dispensed with. All points of order against consideration of
the bill are waived. General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the Majority Leader and the
Minority Leader or their respective designees. After general debate the bill
shall be considered for amendment under the five-minute rule. The bill shall be
considered as read. All points of order against provisions in the bill are
waived. No amendment shall be in order except: (1) those amendments to the bill
received for printing in the portion of the Congressional Record designated for
that purpose in clause 8 of rule XVIII dated at least one day before the day of
consideration of the amendment; and (2) up to 20 pro forma amendments for the
purpose of debate, 10 of which may be offered by the Majority Leader or a
designee and 10 of which may be offered by the Minority Leader or a designee.
Each amendment so received may be offered only by the Member who caused it to be
printed or a designee and shall be considered as read if printed. At the
conclusion of consideration of the bill for amendment the Committee shall rise
and report the bill to the House with such amendments as may have been adopted.
The previous question shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except one motion to
recommit.
(b) Upon adoption of this resolution it shall be in order to consider in the
House any bill specified in subsection (c). All points of order against
consideration of each such bill are waived. Each such bill shall be considered
as read. All points of order against provisions in each such bill are waived.
The previous question shall be considered as ordered on each such bill and on
any amendment thereto to final passage without intervening motion except: (1)
one hour of debate equally divided and controlled by the Majority Leader and the
Minority Leader or their respective designees; and (2) one motion to recommit.
(c) The bills referred to in subsection (b) are as follows:
(1) The bill (H.R. 23) to rescind certain balances made available to
the Internal Revenue Service.
(2) The bill (H.R. 29) to authorize the Secretary of Homeland
Security to suspend the entry of aliens, and for other purposes.
(3) The bill (H.R. 22) to prohibit the Secretary of Energy from
sending petroleum products from the Strategic Petroleum Reserve to
China, and for other purposes.
(4) The bill (H.R. 27) to amend the Omnibus Crime Control and Safe
Streets Act to direct district attorney and prosecutors offices to
report to the Attorney General, and for other purposes.
(5) The bill (H.R. 28) to require the national instant criminal
background check system to notify U.S. Immigration and Customs
Enforcement and the relevant State and local law enforcement agencies
whenever the information available to the system indicates that a person
illegally or unlawfully in the United States may be attempting to
receive a firearm.
(6) The bill (H.R. 7) to prohibit taxpayer funded abortions.
(7) The bill (H.R. 26) to amend title 18, United States Code, to
prohibit a health care practitioner from failing to exercise the proper
degree of care in the case of a child who survives an abortion or
attempted abortion.
(d) Upon adoption of this resolution it shall be in order without
intervention of any point of order to consider in the House any resolution
specified in subsection (e). Each such resolution shall be considered as read.
The previous question shall be considered as ordered on each such resolution to
adoption without intervening motion or demand for division of the question
except one hour of debate equally divided and controlled by the Majority Leader
and the Minority Leader or their respective designees.
(e) The resolutions referred to in subsection (d) are as follows:
(1) The resolution (H. Res. 11) establishing the Select Committee on
the Strategic Competition Between the United States and the Chinese
Communist Party.
(2) The resolution (H. Res. 12) establishing a Select Subcommittee
on the Weaponization of the Federal Government as a select investigative
subcommittee of the Committee on the Judiciary.
(f) Upon adoption of this resolution it shall be in order to consider in the
House the concurrent resolution (H. Con. Res. 5) expressing support for the
Nation's law enforcement agencies and condemning any efforts to defund or
dismantle law enforcement agencies. All points of order against consideration of
the concurrent resolution are waived. The concurrent resolution shall be
considered as read. All points of order against provisions in the concurrent
resolution are waived. The previous question shall be considered as ordered on
the concurrent resolution and preamble to adoption without intervening motion or
demand for division of the question except one hour of debate equally divided
and controlled by the Majority Leader and the Minority Leader or their
respective designees.
(g) Upon adoption of this resolution it shall be in order to consider in the
House the concurrent resolution (H. Con. Res. 3) expressing the sense of
Congress condemning the recent attacks on prolife facilities, groups, and
churches. All points of order against consideration of the concurrent resolution
are waived. The concurrent resolution shall be considered as read. All points of
order against provisions in the concurrent resolution are waived. The previous
question shall be considered as ordered on the concurrent resolution and
preamble to adoption without intervening motion or demand for division of the
question except one hour of debate equally divided and controlled by the
Majority Leader and the Minority Leader or their respective designees.
(h) The Speaker may recognize a Member for the reading of the Constitution
on any legislative day through February 28, 2023.
Attest:
Clerk.