Sunset Requirement

Purpose:
This protocol advances the policy originally outlined in the Pledge to America to adopt a requirement that programs end or “sunset” by a date certain. As stated in the Pledge, this will “force Congress to determine if a program is worthy of continued taxpayer support.” 
Protocol:
Any bill or joint resolution authorizing discretionary appropriations or providing new or continued direct spending or establishing or continuing an agency, office, or program shall also include a provision sunsetting such authorization, direct spending, agency, office, or program not later than seven years after the first fiscal year spending is authorized or provided under the bill or joint resolution. With respect to discretionary spending, a sunset may take the form of setting a date after which no funds are authorized to be appropriated. 

Elimination of “Such Sums” Discretionary Authorizations 

Protocol:
Any bill or joint resolution authorizing discretionary appropriations shall specify the actual amount of funds being authorized. Authorizations shall not utilize terms such as “such sums as may be necessary” or similar language that fails to specify the actual amount of funding being authorized. 

Cut-Go for Discretionary Authorizations 

Protocol:
(A) New Programs: Any bill or joint resolution which authorizes the appropriation of funds for any new agency, office, program, or benefit shall also include language offsetting the full value of such authorization through a reduction in the authorization of current ongoing spending.
(B) Increased Authorizations: Any bill or joint resolution which increases the authorization of appropriation for any existing agency, office, program, or benefit at a rate that exceeds the overall increase in the relevant function area in the most recent Budget Resolution shall also include language offsetting the full value of such authorization through a reduction in the authorization of current ongoing spending.
(C) Definitions: For the purposes of this protocol a “reduction in the authorization of current ongoing spending” means the establishment of a new authorization level below the amount actually appropriated for such purposes in the most recent fiscal year. For example, if program “A” was authorized at $100 for FY 2014, but received appropriations of $90, a “reduction in the authorization of current spending” would be an authorization for FY 2015 at an amount below $90. The term “current ongoing spending” means spending for an existing program or activity that is assumed to be ongoing at or above current levels. For example, reducing the authorization for an activity that was already assumed to be ending or receiving reduced appropriations (such as the one-time purchase of equipment or census spending in the years following the census) would not qualify as an offset under this protocol.
(D) Special Rules:
(1) With respect to the Defense Authorization Act, any authorization of appropriations beyond the level specified for the defense function for the relevant fiscal year in the most recent Budget Resolution shall be offset consistent with the other provisions of this protocol.
(2) A provision of a bill or joint resolution that directs, requires, or permits an agency to undertake a particular activity that can reasonably be supported from the agency’s regular administrative budget and for which the bill or joint resolution does not provide a specific authorization of appropriations for such activity shall be considered as in compliance with this protocol.
(3) A provision of a bill or joint resolution that expands the permissible use of existing funding, but does not itself require or authorize an increase in discretionary appropriations shall be considered as in compliance with this protocol.
(4) A bill or joint resolution that extends an authorization without increasing the amount authorized shall be considered in compliance with this protocol.
(5) A bill or joint resolution that provides an authorization at the level most recently appropriated shall be considered in compliance with this protocol. 

Defending Committee Jurisdiction 

Protocol:
In requesting legislation to be considered through a motion to suspend the rules, the chair of the committee of primary jurisdiction should certify that they have received clearance from all chairs of committees of secondary jurisdiction. 

Priority to Measures Which Received Recorded Votes in Committee

Protocol:
The Majority Leader shall prioritize measures for floor consideration which have received a recorded vote to favorably report the measure to the House. 

Member Presence During Consideration of Sponsored Measures

Protocol: 
In order for legislation to be considered on the House floor, the original sponsor of the specific bill or resolution must be present during – and participate in – debate on the measure. This protocol does not apply to privileged measures reported by the Rules Committee or to legislation introduced by committee chairmen within their committee’s jurisdiction. 

Commemorative Resolutions

Protocol:
A resolution of bereavement, or condemnation, or which calls on others (such as a foreign government) to take a particular action, but which does not otherwise violate the provisions of Rule 29 is eligible to be scheduled under suspension of the Rules. 

Gold Medals

Protocol:
The Majority Leader shall only consider five Gold Medal bills in a Congress that receive at least 290 cosponsors and are submitted to the Committee on Financial Services to be scheduled for the Floor. Additionally;
(A) the recipient must be a natural person;
(B) the recipient must have performed an achievement that has an impact on American history and culture that is likely to be recognized as a major achievement in the recipient’s field long after the achievement;
(C) the recipient has not received a medal previously for the same or substantially the same achievement;
(D) the recipient is living or, if deceased, has not been deceased for less than five years or more than twenty-five years; and
(E) the achievements were performed in the recipient’s field of endeavor, and represent either a lifetime of continuous superior achievements or a single achievement so significant that the recipient is recognized and acclaimed by others in the same field, as evidenced by the recipient having received the highest honors in the field. 

Commemorative Coins

Protocol:
The Majority Leader shall only consider commemorative coin bills that receive at least 290 cosponsors and are submitted to the Committee on Financial Services to be scheduled for the Floor. Additionally;
(A) the individual, event, or institution being honored must be American;
(B) the individual, event, or institution must have had a lasting impact on American history and culture that is likely to be recognized as a major influence long after the individual, event, or institution’s time;
(C) a substantially similar individual, event, or institution has not received a coin previously;
(D) the recipient being honored can’t be an individual who is living;
(E) and the bill comports with 31 U.S.C. 5112(m), which provides that no more than two commemorative coin programs may be authorized for a particular calendar year. 

Debate on Constitutionality of Proposed Measures

Protocol:
If not fewer than 25 members sign a letter to the Chair of the Committee on Rules requesting a separate period of debate to discuss the constitutionality of a measure considered under a rule, the Chair shall include such a period of separate debate, not to exceed 20 minutes, evenly divided and controlled between a Member specified in the letter and a Member defending the committee position. The rule will not provide for a separate vote on a question of the sufficiency of any constitutional authority statement. 

Availability of Major Amendments Self-Executed by the Rules Committee

Protocol:
With respect to major amendments “self-executed” by the Committee on Rules, including amendments in the nature of a substitute or other amendments that substantially rewrite the text of a bill (other than a committee amendment in the nature of a substitute reported by a committee), the manager of the rule will not proceed to consideration until the third calendar day on which the text of any such amendment has been available. Waivers of this policy by the Rules Committee will be rare, and only in the most exigent of circumstances. Amendments which are not considered “major amendments” for purposes of this policy include those amendments which are intended to correct technical or compliance issues (such as a CUT-GO/PAYGO or budget act violation) with a portion of a bill. Similarly, a simple amendment to strike a portion of a bill is not considered a major amendment. Any amendment self-executed by the Rules Committee must be submitted to the Committee and must have a sponsor. 

Suspension Guidelines in GOP Conference Rules

• fails to include a cost estimate, or for which the cost estimate exceeds $100,000,000, unless fully offset by at least an equal reduction in current spending; 
• has not been the subject of a notification to the minority; 
• creates a new program, unless it also eliminates or reduces a program of equal or greater size; 
• authorizes appropriations without including a sunset provision; 
• authorizes an increase in authorizations, appropriations, or direct spending in any given year, unless fully offset by at least an equal reduction in current spending; 
• expresses appreciation, commends, congratulates, celebrates, recognizes the accomplishments of, or celebrates the anniversary of, an entity, event, group, individual, institution, team or government program; or acknowledges or recognizes a period of time for such purposes; or 
• directs the Secretary of the Treasury to strike a Congressional Gold Medal unless—
  • the recipient is a natural person;
  • the recipient has performed an achievement that has an impact on American history and culture that is likely to be recognized as a major achievement in the recipient’s field long after the achievement;
  • the recipient has not received a medal previously for the same or substantially the same achievement;
  • the recipient is living or, if deceased, has not been deceased for less than five years or more than twenty-five years;
  • the achievements were performed in the recipient’s field of endeavor, and represent either a lifetime of continuous superior achievements or a single achievement so significant that the recipient is recognized and acclaimed by others in the same field, as evidenced by the recipient having received the highest honors in the field; and
  • adoption of such measure does not cause the total number of measures authorizing the striking of such medals in that congress to substantially exceed the average number of such measures enacted in prior congresses.
• (8) fails to be noticed to Members of the Republican Conference at least 5 days prior to floor consideration (exclusive of Saturdays, Sundays, and Federal holidays, unless the House is in session on such day). 

A waiver of this rule can be granted by the majority of the Elected Leadership as defined under rule 2. Any measure receiving a waiver under this paragraph shall be subject to a recorded vote on the House floor.