Adopting the Rules of the House of Representatives for the One Hundred Eighteenth Congress, and for other purposes.

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 provi- sions of law or concurrent resolution that constituted rules of the House at the end of the One Hundred Seventeenth Con- gress, are adopted as the Rules of the House of Representa- tives of the One Hundred Eighteenth Congress, with amend- ments 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, 2 •HRES 5 EH or an amendment thereto or a conference report thereon, if the provisions of such measure have the net effect of increas- ing 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 de- scribed 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 there- to, is considered pursuant to a special order of the House di- recting 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 pro- posed 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 ex- 3 •HRES 5 EH pressly 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 speci- fied 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 AUTHOR- ITY.—In clause 2 of rule XXI, add at the end the fol- lowing 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 •HRES 5 EH (4) LIMITATIONS ON INCREASES IN DIRECT SPEND- ING IN RECONCILIATION INITIATIVES.—In rule XXI, amend clause 7 to read as follows: ‘‘7. It shall not be in order to consider a concurrent res- olution on the budget, or an amendment thereto, or a con- ference 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 legis- lation reported pursuant to such directives would cause an in- crease in net direct spending (as such term is defined in clause 10) for the period covered by such concurrent resolu- tion.’’. (b) INCREASED THRESHOLD FOR TAX RATE IN- CREASES.— (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 5 •HRES 5 EH quorum being present. In this paragraph, the term ‘Federal income tax rate increase’ means any amendment to sub- section (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 in- creases the amount of tax imposed by any such section.’’. (2) CONFORMING AMENDMENT.—In clause 10 of rule XX, strike ‘‘appropriations,’’ and insert ‘‘ appro- priations 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 in- sert ‘‘Two-minute’’; (2) in paragraph (a), strike ‘‘five minutes’’ and in- sert ‘‘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: 6 •HRES 5 EH ‘‘(d)(1) Not later than March 1 of the first session of a Congress, each standing committee (other than the Com- mittee 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 Com- mittee on House Administration. ‘‘(2) Each such plan shall include, with respect to pro- grams 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 per- manent 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 cur- rent Congress; and 7 •HRES 5 EH ‘‘(E) recommendations for changes to existing law for moving such programs or agencies from mandatory funding to discretionary appropriations, where appro- priate. ‘‘(3) Each such plan may include, with respect to the programs and agencies within the committee’s jurisdiction— ‘‘(A) recommendations for the consolidation or ter- mination of such programs or agencies that are duplica- tive, 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 jurisdic- tion to ensure that programs and agencies are subject to rou- tine, 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 Over- sight and Accountability shall report to the House the au- 8 •HRES 5 EH thorization 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 authoriza- tion and oversight plans and otherwise to achieve the objec- tives 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 IN- CLUDE 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 Budg- et Office under section 402 of the Congressional Budget Act of 1974 for any major legislation shall, to the extent prac- ticable, incorporate the budgetary effects of changes in eco- nomic output, employment, capital stock, and other macro- economic 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 9 •HRES 5 EH 1974 for any major legislation shall, to the extent practicable, incorporate the budgetary effects of changes in economic out- put, 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 ef- fects (including macroeconomic variables described in paragraphs (a) and (b)) of such legislation in the 20-fis- cal 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 sec- tion 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 Congres- sional Budget Act of 1974 and that causes a gross budgetary effect (before incorporating macro- economic 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 10 •HRES 5 EH 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 legis- lation; 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 re- ceive from the public outside information offered as a com- plaint. The process shall include the establishment of a meth- od 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: 11 •HRES 5 EH ‘‘(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 re- view the allegations; or ‘‘(B) submit a report to the House describing its reasons for not empaneling such an investigative sub- committee, together with the actions, if any, the com- mittee has taken in response to the allegations.’’. (i) TREATMENT OF EVIDENCE IN COMMITTEE AND SUB- COMMITTEE 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 AC- COUNTABILITY.—In the standing rules, strike ‘‘Committee on 12 •HRES 5 EH 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 AGRI- CULTURE.—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 LITI- GATION MATTERS.—In clause 8(c) of rule II, strike ‘‘, includ- ing, but not limited to, the issuance of subpoenas,’’. 13 •HRES 5 EH (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 Eight- eenth Congress, any reference in clause 2 of rule XXI to a provision or amendment that retrenches expenditures by a re- duction of amounts of money covered by the bill shall be con- strued as applying to any provision or amen [Text truncated for display. Full text available on Congress.gov.]