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Code · BILL · 116th Congress · H. Res. 6 (Engrossed in House) — Adopting the Rules of the House of Representatives for the One Hundred Sixteenth Congress, and for other purposes. · Sec. 102

Sec. 102. Changes to the Standing Rules

3,286 words·~15 min read·/bill/116/hres/6/eh/section-102

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In clause 12 of rule I, insert , Delegates, and the Resident Commissioner after Members each place it appears. In clause 3(a) of rule III, insert In a Committee of the Whole House on the State of the Union, each Delegate and the Resident Commissioner shall possess the same powers and privileges as Members of the House. before Each Delegate . In clause 6 of rule XVIII, add at the end the following new paragraph: Whenever a recorded vote on any question has been decided by a margin within which the votes cast by the Delegates and the Resident Commissioner have been decisive, the Committee of the Whole shall rise and the Speaker shall put such question de novo without intervening motion.
Upon the announcement of the vote on that question, the Committee of the Whole shall resume its sitting without intervening motion. . In clause 3(b) of rule III, strike and to any and insert , joint committee, or . In clause 2(a) of rule IV— strike subparagraphs
(1)and
(2)and insert the following: Members of Congress, Members-elect, Delegates, Delegates-elect, the Resident Commissioner, and the Resident Commissioner-elect. Contestants in election cases during the pendency of their cases on the floor. ; and in subparagraph (14), insert and of the Territories after States . In clause 2(a) of rule IX, add the following new subparagraph: A resolution causing a vacancy in the Office of Speaker shall not be privileged except if offered by direction of a party caucus or conference. . In the standing rules, strike Committee on Oversight and Government Reform each place it appears and insert (in each instance) Committee on Oversight and Reform . In clause 1(e) of rule X, strike the Workforce and insert Labor . In clause 3(d) of rule X, strike the Workforce and insert Labor . In clause 1(e) of rule X, add the following new subparagraphs: Organization, administration, and general management of the Department of Education. Organization, administration, and general management of the Department of Labor. . Amend clause 2(d) of rule X to read as follows: Not later than March 1 of the first session of a Congress, the chair of each standing committee (other than the Committee on Appropriations, the Committee on Ethics, and the Committee on Rules) shall— prepare, in consultation with the ranking minority member, an oversight plan for that Congress; provide a copy of that plan to each member of the committee for at least seven calendar days before its submission; and submit that plan (including any supplemental, minority, additional, or dissenting views submitted by a member of the committee) simultaneously to the Committee on Oversight and Reform and the Committee on House Administration. In developing the plan, the chair of each committee shall, to the maximum extent feasible— consult with other committees that have jurisdiction over the same or related laws, programs, or agencies with the objective of ensuring maximum coordination and cooperation among committees when conducting reviews of such laws, programs, or agencies and include in the plan an explanation of steps that have been or will be taken to ensure such coordination and cooperation; review specific problems with Federal rules, regulations, statutes, and court decisions that are ambiguous, arbitrary, or nonsensical, or that impose severe financial burdens on individuals; give priority consideration to including in the plan the review of those laws, programs, or agencies operating under permanent budget authority or permanent statutory authority; have a view toward ensuring that all significant laws, programs, or agencies within the committee’s jurisdiction are subject to review every 10 years; and have a view toward insuring against duplication of Federal programs. 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 Reform shall report to the House the oversight plans submitted 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 oversight plans and otherwise to achieve the objectives of this clause. . In clause 1(d)(2)(B) of rule XI, strike authorization and . In clause 1(d)(2)(C) of rule XI, strike authorization and . In clause 3(i) of rule X, strike with a view to determining their economy and efficiency and insert , including the Executive Office of the President . In clause 4(c)(3)(B) of rule X— in item (i), insert and after the semicolon; in item (ii), strike ; and and insert . ; and strike item (iii). In clause 5(a)(2) of rule X— strike subdivisions
(B)and (C); and in subdivision (A), strike
(A)and redesignate items (i), (ii), and
(iii)as subdivisions (A), (B), and (C). In clause 5(c) of rule X— strike the designation of subparagraph (1); and strike subparagraph (2). In clause 2(a)(2) of rule XI, strike 30 and insert 60 . In clause 2(g)(3)(A)(ii) of rule XI, strike third day and insert third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) . In clause 3(a)(6)(B)(ii) of rule XI— strike "officer and employee" and insert "Member, Delegate, Resident Commissioner, officer, and employee"; and strike "officer or employee" and insert "Member, Delegate, Resident Commissioner, officer, or employee". In clause 3(p) of rule XI— in subparagraph (5)(C), strike first; or and insert first; ; in subparagraph (5)(D), strike investigation; and insert investigation; or ; in subparagraph (5), add at the end the following new subdivision: the committee or an investigative subcommittee determines to take into evidence the trial transcript or exhibits admitted into evidence at a criminal trial pursuant to subparagraph (9); ; in subparagraph (7), strike ; and and insert a semicolon; in subparagraph (8), strike the period and insert ; and ; and add at the end the following new subparagraph: in any investigation permitted by House or committee rules, in addition to any other evidence which the committee or an investigative subcommittee may consider, if the respondent has been convicted by a court of record for a crime which is related to the subject of the investigation, the committee or investigative subcommittee may take into evidence the trial transcript and all exhibits admitted into evidence at the trial. . In clause 1 of rule XIII, add at the end the following new paragraph: There is established a Consensus Calendar as provided in clause 7 of rule XV. . In rule XV, add at the end the following new clause: Consensus Calendar At least once during any week in which the House convenes, the House shall consider a measure on the Consensus Calendar as designated by the Speaker. This paragraph does not apply before March 1 of an odd-numbered year or after September 30 of an even-numbered year. The sponsor of a measure that has accumulated 290 cosponsors and has not been reported by the committee of primary jurisdiction may present to the Clerk a motion in writing to place that measure on the Consensus Calendar. A proper motion presented under subparagraph
(1)shall be placed in the custody of the Clerk, and shall appear in a portion of the Congressional Record designated for that purpose. The Clerk shall maintain a cumulative list of such motions, and shall make such list publicly available in electronic form. A motion presented under subparagraph
(1)shall be considered as withdrawn if the measure is reported by the committee of primary jurisdiction prior to its placement on the Consensus Calendar. After a measure has maintained at least 290 cosponsors for a cumulative period of 25 legislative days after the presentation of a motion under paragraph (b)(1), the measure shall be placed on the Consensus Calendar. Such measure shall remain on the Consensus Calendar until it is— considered in the House; or reported by the committee of primary jurisdiction. . In clause 3(b) of rule XIII, insert , 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 after Ethics . In clause 4(a)(1) of rule XIII— strike the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which each report and insert the proposed text of each report (except views referred to in clause 2(l) of rule XI) ; and insert for 72 hours after Resident Commissioner . In clause 11 of rule XXI— strike the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which ; and insert for 72 hours after Resident Commissioner . In clause 8(a)(1)(A) of rule XXII— strike the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which ; and insert for 72 hours after Resident Commissioner . In clause 8(b)(1)(A) of rule XXII— strike the third calendar day (excluding Saturdays, Sundays, or legal holidays except when the House is in session on such a day) on which ; and insert for 72 hours after Resident Commissioner . In rule XIII, strike clause 8. In clause 2 of rule XV— strike Discharge motions, second and fourth Mondays and insert Discharge motions ; strike paragraph
(a)and redesignate the subsequent paragraphs accordingly; in paragraph
(b)(as so redesignated), strike paragraph
(b)and insert paragraph
(a); and in paragraph (c)(1) (as so redesignated), strike the first sentence and insert the following: A motion to discharge that has been on the calendar for at least seven legislative days (except during the last six days of a session of Congress) shall be privileged only at a time or place, designated by the Speaker, in the legislative schedule within two legislative days after the day on which a Member whose signature appears thereon announces to the House an intention to offer the motion. . In clause 6(e) of rule XIII, strike on a day when it is in order to consider a motion to discharge committees under clause 2 of rule XV and insert on the second and fourth Mondays of a month . In clause 3 of rule XV, strike on a day when it is in order to consider a motion to discharge committees under clause 2 and insert on the second and fourth Mondays of a month . In clause 4 of rule XV, strike after the disposition of motions to discharge committees and . In clause 5 of rule XV— in the caption, strike , first and third Tuesdays ; and in paragraph (b)(1), amend the first sentence to read as follows: On any day, after the disposal of such business on the Speaker's table as requires reference only, the Speaker may direct the Clerk to call any bill or resolution that has been on the Private Calendar for at least seven days, but only on the second legislative day after the legislative day on which the Speaker or a designee announces to the House an intention to do so. . In clause 5 of rule XVII, insert non-religious headdress or before a hat . In clause 6 of rule XVIII— in paragraph (a), insert , Delegates, and the Resident Commissioner after Members ; in paragraph (e), insert , Delegates, and the Resident Commissioner after Members ; and in paragraph (g)(2), insert , Delegates, and the Resident Commissioner after Members . In clause 6 of rule XVIII— in paragraph (f)— strike without any intervening business or debate ; and after first pending amendment insert the following: , if in the discretion of the Chair Members, Delegates, and the Resident Commissioner would be afforded an adequate opportunity to vote ; and in paragraph (g)— in subparagraph (1), strike without intervening business ; and in subparagraph (2), strike without intervening debate or motion . In clause 8(a)(2) of rule XX— redesignate subdivisions
(G)through
(J)as subdivisions
(H)through (K), respectively; insert after subdivision
(F)the following new subdivision: The question of agreeing to an amendment. ; in subdivision
(H)(as redesignated), strike
(F)and insert
(G); and strike subdivision
(K)(as redesignated). Strike clause 8(c) of rule XX (and redesignate the succeeding paragraph accordingly). Amend clause 9 of rule XX to read as follows: The Speaker may reduce to five minutes the minimum time for electronic voting on any question that follows another electronic vote or a report from the Committee of the Whole, if in the discretion of the Speaker Members would be afforded an adequate opportunity to vote. To the maximum extent practicable, notice of possible five-minute voting for a given series of votes shall be issued prior to the first electronic vote in the series. . In clause 2 of rule XXI, strike paragraph (g). In clause 5 of rule XXI, strike paragraph
(b)and redesignate the subsequent paragraph accordingly. In clause 10 of rule XX, strike , or increasing Federal income tax rates (within the meaning of clause 5 of rule XXI) . In clause 5(a) of rule XXI, strike paragraph
(1)and insert subparagraph
(1). In rule XXI, amend clause 10 to read as follows: Except as provided in paragraphs
(b)and (c), it shall not be in order to consider any bill, joint resolution, amendment, or conference report if the provisions of such measure affecting direct spending and revenues have the net effect of increasing the deficit or reducing the surplus for either the period comprising— the current fiscal year, the budget year, and the four fiscal years following that budget year; or the current fiscal year, the budget year, and the nine fiscal years following that budget year. The effect of such measure on the deficit or surplus shall be determined on the basis of estimates made by the Committee on the Budget relative to baseline estimates supplied by the Congressional Budget Office consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985. If a bill, joint resolution, or amendment is considered pursuant to a special order of the House directing the Clerk to add as new matter at the end of such measure the provisions of a separate measure as passed by the House, the provisions of such separate measure as passed by the House shall be included in the evaluation under paragraph
(a)of the bill, joint resolution, or amendment. Except as provided in subparagraph (2), the evaluation under paragraph
(a)shall exclude a provision expressly designated as an emergency for purposes of pay-as-you-go principles in the case of a point of order under this clause against consideration of— a bill or joint resolution; an amendment made in order as original text by a special order of business; a conference report; or an amendment between the Houses. 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. If a bill, a joint resolution, an amendment made in order as original text by a special order of business, a conference report, or an amendment between the Houses includes a provision expressly designated as an emergency for purposes of pay-as-you-go principles, the Chair shall put the question of consideration with respect thereto. For the purpose of this clause, the terms budget year and current year have the meanings specified in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985, and the term direct spending has the meaning specified in such section 250 except that such term shall also include provisions in appropriations 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. . In clause 9 of rule XXIII, insert sexual orientation, gender identity, before disability . In clause 18(a) of rule XXIII, strike Resident Commissioner. and insert Resident Commissioner, or who is an employee of a committee on which the Member, Delegate, or Resident Commissioner serves. . In clause 10 of rule XXIII— designate the existing sentence as paragraph (a); and insert at the end the following new paragraph: A Member, Delegate, or Resident Commissioner who has been indicted for or otherwise formally charged with criminal conduct in any Federal, State, or local court punishable as a felony for which a sentence of two or more years’ imprisonment may be imposed should submit his or her resignation from any standing, select, joint or ad hoc committee, and any subcommittee thereof, on which he or she serves, and should step aside from any party caucus or conference leadership position he or she holds, unless or until judicial or executive proceedings result in acquittal or the charges are dismissed or reduced to less than a felony as described in this paragraph. . Effective January 1, 2020, in rule XXIII— redesignate clause 19 as clause 20; and insert after clause 18 the following new clause: A Member, Delegate, Resident Commissioner, officer, or employee of the House may not serve as an officer or director of any public company. In paragraph (a), the term public company means an issuer as defined in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )— the securities of which are required to be registered under section 12 of such Act ( 15 U.S.C. 78l ); or that is required to file reports under section 15(d) of such Act ( 15 U.S.C. 78o(d) ). Not later than December 31, 2019, the Committee on Ethics shall develop regulations addressing other types of prohibited service or positions that could lead to conflicts of interest. . Rule XXVIII is amended to read as follows: Upon adoption by the House of a concurrent resolution on the budget under section 301 or 304 of the Congressional Budget Act of 1974, the Clerk shall prepare an engrossment of a joint resolution suspending the statutory limit on the public debt in the form prescribed in clause 2. Upon engrossment of the joint resolution, the vote by which the concurrent resolution on the budget was adopted by the House shall also be considered as a vote on passage of the joint resolution in the House, and the joint resolution shall be considered as passed by the House and duly certified and examined. The engrossed copy shall be signed by the Clerk and transmitted to the Senate for further legislative action. The matter after the resolving clause in a joint resolution described in clause 1 shall be as follows: Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of enactment and ending on September 30, ____. with the blank being filled with the budget year for the concurrent resolution. Nothing in this rule shall be construed as limiting or otherwise affecting— the power of the House or the Senate to consider and pass bills or joint resolutions, without regard to the procedures under clause 1, that would change the statutory limit on the public debt; or the rights of Members, Delegates, the Resident Commissioner, or committees with respect to the introduction, consideration, and reporting of such bills or joint resolutions. In this rule the term 'statutory limit on the public debt' means the maximum face amount of obligations issued under authority of chapter 31 of title 31, United States Code, and obligations guaranteed as to principal and interest by the United States (except such guaranteed obligations as may be held by the Secretary of the Treasury), as determined under section 3101(b) of such title after the application of section 3101(a) of such title, that may be outstanding at any one time. .
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Sec. 102
Changes to the Standing Rules
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