H. Res. 375: S. 627 - Faster FOIA Act of 2011(Budget Control Act of 2011)

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-4 on Wednesday, July 27, 2011.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 238-186 on July 28, 2011.

MANAGERS: Slaughter/Dreier

112th Congress 
1st Session

H.RES 375

[Report No. 112-184]

 

 

S. 627 - Faster FOIA Act of 2011(Budget Control Act of 2011)

1.   Closed rule.

2.   Provides two hours of debate with one hour equally divided and controlled by the chair and ranking minority member of the Committee on Rules, 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means, and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Budget.

3.   Waives all points of order against consideration of the bill.

4.   Provides that the amendment in the nature of a substitute printed in Part A of the Rules Committee report accompanying the resolution, modified by the amendment printed in Part B of the report, shall be considered as adopted.  Provides that the bill, as amended, shall be considered as read.

5.   Waives all points of order against provisions in the bill, as amended.

6.   Provides one motion to recommit with or without instructions.

7.   Authorizes the Speaker to entertain motions to suspend the rules at any time through Sunday, July 31, 2011 if the measure was made available on the previous legislative day, except measures proposing an amendment to the Constitution, which must be available for three legislative days.  Provides two hours of debate on a motion to suspend the rules relating to a balanced budget amendment to the Constitution.

8.   Sets the dates for the convening of the House for the anticipated pro forma sessions during the period from August 1, 2011 through September 6, 2011, and provides that the Speaker may dispense with legislative business for those pro forma sessions and authorizes the Speaker to declare the House adjourned to a time on the next pro forma session day.

9.   Provides for the approval of the Journal during pro forma sessions from August 1, 2011 through September 6, 2011.

10. Provides that days during the period from August 1, 2011 through September 6, 2011 shall not constitute calendar days for purposes of the War Powers Resolution.

11. Provides that the Speaker may delay the referral of introduced measures from August 1, 2011 through September 6, 2011.

RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (S. 627) to establish the Commission on Freedom of Information Act Processing Delays. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution, modified by the amendments printed in part B of that report, shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) two hours of debate, with one hour equally divided and controlled by the chair and ranking minority member of the Committee on Rules, 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means, and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Budget; and (2) one motion to recommit with or without instructions.

Sec. 2. (a) It shall be in order at any time through the calendar day of July 31, 2011, for the Speaker to entertain motions that the House suspend the rules if the legislative text that is the object of the motion was available to Members, Delegates, and the Resident Commissioner on the legislative day before consideration, except that a motion described in subsection (b) may not be entertained until the third legislative day on which the legislative text that is the object of the motion is available to Members, Delegates, and the Resident Commissioner.
(b) If the Speaker entertains a motion to suspend the rules relating to a measure proposing a balanced budget amendment to the Constitution under subsection (a) debate under clause 1(c) of rule XV shall be extended to two hours.  

Sec. 3. When the House adjourns by operation of section 4 of this resolution on any legislative day during the period from August 1, 2011, through September 6, 2011, it shall stand adjourned until the third constitutional day thereafter at a time to be announced by the Speaker in declaring the adjournment (except that when the House adjourns on September 6, 2011, it shall stand adjourned until 2 p.m. on September 7, 2011).

Sec. 4. On each legislative day during the period addressed by section 3 of this resolution:
(a) the Speaker may dispense with legislative business, in which case the House shall stand adjourned pursuant to section 3 of this resolution after the third daily order of business under clause 1 of rule XIV; and
(b) if the Speaker does not dispense with legislative business, the Speaker may at any time declare the House adjourned pursuant to section 3 of this resolution.

Sec. 5. On each legislative day during the period addressed by section 3 of this resolution (except a day before August 8, 2011, on which the Speaker does not dispense with legislative business pursuant to section 4), the Journal of the proceedings of the previous day shall be considered as approved.

Sec. 6. Each day during the period addressed by section 3 of this resolution shall not constitute a calendar day for purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546).
Sec. 7. Bills and resolutions introduced during the period addressed by section 3 of this resolution shall be numbered, included in the Congressional Record, and printed with the date of introduction, but may be referred by the Speaker at a later time.

     

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE CONSIDERED
AS ADOPTED

                  The amendment in the nature of a substitute would strike all after the enacting clause and insert a new matter consisting of the Budget Control Act of 2011 (BCA). The BCA would: establish ten year discretionary spending caps; provide for the passage of a balanced budget amendment to the Constitution; create a joint committee of Congress charged with making legislative recommendations to achieve additional spending reductions; increase the debt limit pursuant to a resolution of disapproval and enactment of a joint committee's recommendations; establish expedited procedures for consideration of a resolution of disapproval and for consideration of the joint committee's recommendations; and make changes to the Pell Grant program.

Text of the Amendment in Part A

SUMMARY OF AMENDMENT IN PART B PROPOSED TO BE CONSIDERED
AS ADOPTED

                  Would make technical changes to the amendment in the nature of substitute related to the timing of consideration of resolution of disapproval.  Would increase the savings achieved in the bill by removing a limitation on outlay calculations, which allows CBO to provide a more accurate measure of the likely rate of spending.  Would also create a new point of order against consideration of a measure that would violate the discretionary spending caps.  In the Senate, the amendment requires a three-fifths vote to waive the new point of order.

Text of the Amendment in Part B