H.Res. 5, A Resolution Providing for the House Rules of the 114th Congress

H.Res. 5

A Resolution Providing for the House Rules of the 114th Congress

January 6, 2015 (114th Congress, 1st Session)

Staff Contact

Floor Situation

On Tuesday, January 6, 2015, the House will consider H.Res. 5, the 114th Rules Package.  H.Res. 5 was introduced on January 6, 2015 by House Majority Leader Kevin McCarthy (R-CA).

Bill Summary

H.Res. 5 adopts the rules from the 113th Congress as those for the 114th Congress with the following amendments:

Amendments to the Standing Rules

Requires the disclosure of foreign payments to witnesses;

Clarifies jurisdictional changes as it relates to the criminalization of actions;

Clarifies the jurisdiction of the Committee on Administration;

Reduces the frequency of committee activity reports;

Codifies current practice to include “dissenting views” in addition to supplemental, minority, or additional views;

Consolidates the requirement for written committee rules in clause 2 of Rule XI and eliminates the reference to the adoption of written committee rules in clause 4, Rule XI;

Ensures consistent application of broadcasting standards;

Eliminates the point of order against consideration of appropriations measures without printed hearings;

Increases the size of the Permanent Select Committee on Intelligence to 22 members (not more than 13 of which can be from the majority;

Updates the authority of the Bipartisan Legal Advisory Group;

Requires CBO and JCT to incorporate the macroeconomic effect of major legislation;

Allows the Speaker, after consultation with the Minority Leader, to reconvene the House during an adjournment of less than three days;

Allows Conference Committees 45 calendar days or 25 legislative days to reach an agreement before motions to instruct may be offered;

Makes conforming changes with regard to the Joint Committee on Taxation; and

Requires that the Ramseyer print to show the entire text of amended or repealed sections of statute along with the proposed changes.

Separate Orders

Eliminates the provisions contained in the Affordable Care Act that limit the ability of the House with regard to the Independent Payment Advisory Board;

Provides staff deposition authority for the Committees on Energy and Commerce; Science, Space and Technology; Ways and Means; and Financial Services;

Provides transparency with respect to memorials submitted pursuant to Article V of the Constitution;

Carries forward the requirement that each appropriations measure contain a spending reduction account;

Provides that H.Con.Res. 25 shall continue to have the force of a budget resolution until a FY 2015 resolution is adopted; provisions also prevents the Committee of the Whole from rising to report a bill that exceeds an applicable allocation of new budget authority;

Continues litigation authorities;

Continues the authority of a Committee Chair to request GAO to perform a duplication analysis of any bill or joint resolution referred to that committee;

Continues the prohibition on consideration of a concurrent budget resolution or any proposed amendment to or conference report on bills, unless it includes specified information and estimates relating to direct spending, including means tested  direct spending and nonmeans-tested direct spending;

Continues the requirement that committee reports on bills or joint resolutions are to include an estimate of the number of directed rule makings required by the measure;

Authorizes increases in subcommittees for the Committees on Foreign Affairs, Armed Services, Transportation and Infrastructure, and Agriculture;

Continues the prohibition on access to the member exercise facility for any former member, former officer, or spouse who registers as a lobbyist;

Reserves the first 10 numbers for bills for the Speaker and the second ten for assignment by the minority leader;

Directs the Committee on Administration to designate a location for documents to be made publicly available;

Carries forward the select committee authorized by H.Res. 567 and provides the select committee authority to adopt a rule or motion allowing for a ten minute rule for the questioning of witnesses;

Reauthorizes the House Democracy Partnership, Tom Lantos Human Rights Commission, and the Office of Congressional Ethics;

Allows the Speaker to recognize members for the reading of the Constitution on any legislative day through January 16, 2015;

Provides transparency and simplification for the process by which large caucuses (congressional member organizations with more than 30 dues paying members and three or more staff) pay staff and related expenses;

Requires parallel citations for amendatory instructions to public laws and statutes at large that are not classified in the U.S. Code; requires that House officiers take additional steps to publish documents in machine readable formats;

Establishes a point of order against legislation that would reduce the actuarial balance of the Old Age and Survivors Insurance Trust Fund but provides an exemption if the bill improved the overall financial health of the combined Social Security Trust Funds;

Reaffirms that a person subject to a review by either the Committee on Ethics or the Office of Congressional Ethics has a right to be represented by Counsel, and establishes that invoking such a right is not to be held as a presumption of guilt; and

Requires that new Members of the House in addition to new staff complete ethics training.

Additional Information

At the beginning of each Congress, the House must not only re-constitute itself, but must also approve governing rules. A newly elected House typically adopts the rules of the previous Congress with specific amendments. The proposed rules are offered in the form of a House resolution, which is considered under “general parliamentary law” which is interpreted to include the rules of the previous Congress.[1]

The House passed H.Res. 5 in the 113th Congress by a vote of 228 to 196. (See Roll #6).

For questions or further information contact the GOP Conference at 5-5107.

[1] See CRS Report RL 30725.