H. RES. 5
ADOPTING RULES FOR THE 113TH CONGRESS

SECTION-BY-SECTION ANALYSIS

Section 1. Resolved Clause.

	This section provides that the Rules of the 112th Congress are the Rules of 
the 113th Congress, except with the amendments contained in section 2 of the 
resolution and orders contained in sections 3, 4, and 5.

Section 2. Changes to the Standing Rules.

	Committee Activity Reports.  Subsection (a) reduces the frequency of 
committee activity reports from four times per Congress to two times per 
Congress (once per Session).  The process for filing end of session committee 
reports is also modified to allow filings through January 2nd of each year. 

      Voting. Subsection (b) streamlines the voting process for several specific 
instances in the House and the Committee of the Whole.  Paragraph (1) 
authorizes the Chair to reduce the time from 5 minutes to not less than 2 minutes 
for a vote after a quorum call in the Committee of the Whole, which is similar to 
the SpeakerÕs current authority in the House to shorten votes following a quorum 
call. Paragraph (2) authorizes the Speaker to reduce the time for voting on any 
question after the Committee of the Whole rises.  Paragraph (3) eliminates the 
mandatory record vote on a motion to close a meeting of a conference committee.  
This would allow a vote to close conference to be adopted by voice vote, but any 
Member may still request a record vote.
      
      Clarifications in Rule X. Subsection (c) makes two clarifications with 
respect to clause 1 of rule X.  Paragraph (1) clarifies that the Committee on 
Homeland SecurityÕs jurisdiction includes the general management of the 
Department of Homeland Security.  This change is intended to clarify the 
CommitteeÕs existing jurisdiction over the organization and administration of the 
department, and is not intended to alter the pattern of bill referrals to the 
Committee on Homeland Security.  Paragraph (2) conforms terminology used in 
the Committee on Natural Resources jurisdiction to terminology recognized by 
the Departments of State and Interior.
      
      Changes to the Code of Conduct and the Committee on Ethics. Subsection 
(d) makes several improvements and clarifications to the Code of Conduct.  
Paragraph (1) allows the chair and ranking minority member of the Committee 
on Ethics to jointly extend the time for consideration of a dismissal referred by 
the Office of Congressional Ethics.  Paragraph (2) amends clause 8(c) of rule 
XXIII to expand the current nepotism rule to conform to current law and adds 
grandchildren to the rule, who are not currently covered under House Rules or 
current law.  The provision permits grandchildren who were employed by a 
relative prior to the 113th Congress to retain their employment subject to the same 
restrictions applied to spouses employed prior to the 107th Congress.  Paragraph 
(3) transfers the responsibility to maintain copies of the executed classified oath, 
in the case of an officer or employee of the House, to the Sergeant-at-Arms.  The 
Clerk of the House will continue to maintain the executed oaths for Members, 
Delegates, and Resident Commissioners.  Paragraph (4) amends the restrictions 
on the use of private aircraft contained in the Code of Conduct so as to conform 
the House rule to the existing rule in the Senate. The changes allow Members to 
pay their pro rata share for a charter flight based upon the fair market value of 
the flight, divided by the number of Members, officers, or employees of the House 
on the flight. It also increases the flexibility of Members with regard to which 
aircraft may be used. Members may pay for a charter flight authorized under this 
provision with either personal or official funds.  This paragraph also provides that 
the chair and ranking minority member of the Committee on Ethics may jointly 
waive this section, subject to such conditions as they may prescribe. This 
provision is intended to facilitate the use of private aircraft in extraordinary 
circumstances, such as in an emergency or in the aftermath of a natural disaster.

      Technical and Clarifying Changes. Subsection (e) corrects a host of 
typographic and other simple errors.  Paragraph (1) corrects a typographic error.  
Paragraph (2) amends rule II (relating to House Officers) to add the Committee 
on Appropriations to the list of recipients of audit reports prepared by the 
Inspector General of the House. Paragraph (3) amends rule V (relating to 
Broadcasting of House proceedings) to address new technology and clarify 
acceptable uses of coverage of the floor proceedings. Paragraph (4) conforms the 
process for regular meeting notices to committee practice, which will eliminate 
the need to cancel the regular meeting if it was never noticed.  Paragraph (5) 
clarifies the process for noticing a special meeting called pursuant to clause 
2(c)(2) of rule XI.  Paragraphs (6) and (7) are technical changes. Paragraph (8) 
amends rule XI to clarify that if any Member notifies a committee of the intention 
to file views, all Members are entitled to file views.  Paragraph (9) makes a 
typographic change and related conforming changes. Paragraph (10) conforms 
clause 6(g) of rule XIII to the Rules Committee practice of specifying waivers in 
committee reports rather than resolutions.  Paragraph (11) amends rule XV to 
clarify that motions to discharge a committee apply to all committees, including 
select committees.  Paragraph (12) clarifies that precedents related to Calendar 
Wednesday business in effect before the 111th Congress will be applied only to the 
extent consistent with clause 6 of rule XV.  Paragraph (13) clarifies that with 
respect to a call of the House in the event of a catastrophic circumstance, the 
Speaker may consult with the Majority Leader and Minority Leader or their 
designees.  Paragraph (14) conforms rules related to conference reports to 
existing electronic availability for bills and other measures.  Paragraph (15) is a 
technical change to conform to current House practices.  Paragraph (16) 
eliminates the requirement for physical printing of Member Financial Disclosures 
in light of online disclosure under the STOCK Act.
      

Section 3. Separate Orders.
	
      Independent Payment Advisory Board.  Subsection (a) eliminates 
provisions contained in the Affordable Care Act that limit the ability of the House 
to determine the method of consideration for a recommendation from the 
Independent Payment Advisory Board or to repeal the provision in its entirety.
      
      Budget Matters. Subsection (b)(1) clarifies that section 306 of the Budget 
Act (prohibiting consideration of legislation within the Budget CommitteeÕs 
jurisdiction, unless referred to or reported by the Budget Committee) only applies 
to bills and joint resolutions and not to simple or concurrent resolutions. 
Paragraph (2) makes a section 303 point of order (requiring adoption of budget 
resolution before consideration of budget-related legislation) applicable to text 
made in order as an original bill by a special rule. Paragraph (3) provides that 
specified or minimum levels of compensation for a Federal office will not be 
considered as providing new entitlement authority.  Paragraph (4) prevents the 
Committee of the Whole from rising to report a bill to the House that exceeds an 
applicable allocation of new budget authority under section 302 (b) 
(Appropriations subcommittee allocations) as estimated by the Budget 
Committee and creates a point of order.  Paragraph (5) provides that the 
provisions of House Concurrent Resolution 112 (112th Congress), as adopted by 
the House, and the allocations of spending authority printed in tables 11 and 12 of 
House Report 112Ð421 (112th Congress) will be in effect until a budget resolution 
for fiscal year 2014 is adopted.

	Determinations for PAYGO Acts.  Subsection (c) allows the Chairman of 
the Budget Committee to take into account the exemptions provided under 
503(b)(1) of H. CON. RES. 112 (112th Congress) for the purpose of complying with 
Statutory PAYGO.

      Spending Reduction Amendments in Appropriations Bills.  Subsection (d) 
carries forward the requirement from the 112th Congress that in each general 
appropriations bill there be a Òspending reductionÓ account, the contents of 
which is a recitation of the amount by which, through the amendment process, 
the House has reduced spending in other portions of the bill and indicated that 
such savings should be counted towards spending reduction.  It provides that 
other amendments that propose to increase spending in accounts in a general 
appropriations bill must include an offset of equal or greater value.
      
      Certain Subcommittees.  Subsection (e) waives clause 5(d) of rule X to 
allow the Committees on Armed Services and Foreign Affairs up to seven 
subcommittees each, and the Committee on Transportation and Infrastructure 
up to six subcommittees. This is a standard provision carried in the rules package 
during the last several congresses.
      
      
      Exercise Facilities for Former Members.  Subsection (f) continues the 
prohibition on access to any exercise facility which is made available exclusively 
to Members, former Members, officers and former officers of the House and their 
spouses to any former member, former officer, or spouse who is a lobbyist 
registered under the Lobbying Disclosure Act of 1995.
      
      Numbering of Bills.  Subsection (g) reserves the first 10 numbers for bills 
(H.R. 1 through H.R. 10) for assignment by the Speaker and the second 10 
numbers (H.R. 11 through H.R. 20) for assignment by the Minority Leader.
      
Section 4. Committees, Commissions, and House Offices.
	
      Litigation Matters.  Subsection (a) addresses continuing litigation in 
which the House is a party. Paragraph (1) authorizes the Bipartisan Legal 
Advisory Group to continue litigating a number of cases in the 113th Congress in 
which the Bipartisan Legal Advisory Group has successfully intervened as a 
defendant, including one case currently before the Supreme Court (Windsor v. 
United States). This paragraph also confirms that the Bipartisan Legal Advisory 
Group speaks for the House and articulates its institutional position in all 
litigation matters in which it appears.  Paragraph (2) authorizes the Committee 
on Oversight and Government Reform, through the House Office of the General 
Counsel, to continue litigation to enforce a subpoena against the Attorney 
General related to the "Fast and Furious" investigation. This lawsuit was 
authorized by H. Res. 706 (112th Congress). It also authorizes the chair of the 
Committee on Oversight and Government Reform (when elected) to take certain 
actions necessary to continuing the litigation. Parallel authority was contained in 
H. Res. 5 (111th Congress) on a similar contempt matter.
      
      House Democracy Assistance Commission.  Subsection (b) reauthorizes 
the House Democracy Assistance Commission, now known as the House 
Democracy Partnership.

      Tom Lantos Human Rights Commission.  Subsection (c) reauthorizes the 
Tom Lantos Human Rights Commission.
      
      Office of Congressional Ethics. Subsection (d) reauthorizes the Office of 
Congressional Ethics (OCE) for the 113th Congress and clarifies that term limits 
do not apply to members of the OCE.
      
      Empanelling Investigative Subcommittee of the Committee on Standards 
and Official Conduct. Subsection (e) continues House Resolution 451 (110th 
Congress) directing the Committee on Standards of Official Conduct (now Ethics) 
to empanel investigative subcommittees within 30 days after the date a Member 
is indicted or criminal charges are filed.
      
      
      
Section 5. Additional Order of Business
	
      Reading of the Constitution. This section allows the Speaker to recognize 
Members for the reading of the Constitution on any legislative day through 
January 15, 2013.


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