Summary: H.Res.5 — 112th Congress (2011-2012)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House without amendment (01/05/2011)

(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.