House Rules Package is a Nice First Step to Control Spending


Just before the holidays, House Republican leaders released their proposed “rules” package for the next Congress. It will be considered first on January 4th by House Republicans alone, and then thereafter by the full House of Representatives. Since the House is not a continuing body (like the Senate), it must adopt a new set of rules and procedures every two years when a new Congress is sworn in. Normally, they take the existing rules and make a few house-keeping tweaks. This time Republicans are attempting to write some real checks into their rules to help limit federal spending. I finally had a chance to read through the full package of reforms, and it does some nice things. Nothing groundbreaking, but some very important reforms nonetheless. Why is any of this important? As Rep. John Dingell once said, “If I let you write substance and you let me write procedure, I’ll screw you every time.” In short, procedure dictates policy.

A lot of the public attention has focused on the requirement that all new bills include a statement that identifies the Constitutional authority permitting Congress to act in that area of law. Some have called this requirement “cosmetic,” but I don’t think that is fair. It’s true that liberals can skirt this requirement by improperly citing the general welfare clause or some other misconstrued provision of the Constitution, but this is about the only thing that Republicans could do to remind each Member of Congress of their oath to legislate within the bounds of the Constitution and to force a debate on the Constitutional merits of every bill before it can be passed. However, the strength of the package lies in its fiscal reforms and budgetary checks. Here are some of the highlights. Read more.

House Republicans want to institute a “cut-as-you-go” requirement to basically serve as a cap on “direct” spending (and replace the liberal “pay-as-you-go” version). Direct spending is the more permanent non-appropriated spending that is more difficult to control. This is exactly the sort of anti-spending restriction that conservatives have long proposed and ought to be placed in House Rules to slow future spending campaigns more often. Such a cap would have made it significantly more difficult for Republicans in 2003 to pass the Medicare Prescription drug benefit. This spending cap is married to another restriction against long-term spending to ensure that legislators can’t simply avoid the “cut-as-you-go” requirement by pushing spending into the future.

Republicans also plan to get rid of the Gephardt rule, which allows legislators to avoid taking difficult votes on raising the debt limit, ensure that the special deficit-cutting reconciliation process cannot be used to create new programs or otherwise increase spending without 60 votes in the Senate (like with Obamacare), and allow for spending reduction amendments during the appropriations process to be used to decrease the decificit (this language needs to be strengthened to ensure that it doesn’t allow easy offsets to be freed up for additional spending). There are also some nice transparency reforms, such as the requirement that bills be made publicly available for three days and the requirement that committees put bills and amendments adopted in committee online after 24 hours.

One other major reform needs to be addressed, because it is proving already to be controversial with big spenders. House Republicans are attempting to repeal a requirement that mandates that yearly transportation appropriations bill comport with the previous five-year highway authorization bill. In other words, if Congress has passed a five-year highway bill and it proves to be too expensive—perhaps, as in recent years, because gas tax revenues are not keeping pace with highway spending—and the program is headed for a bailout, then this would allow Congress to adjust the spending downward during the annual appropriations process. It is a very important reform, but already the highway funding coalition (which includes groups as diverse as the Chamber of Commerce to labor unions) is pushing back. House Republicans need to hold their ground.

If there is a major vulnerability in the package, it is that it does not adequately address the issue of whether these budgetary restrictions can be waived by Republican leaders. When Republicans last controlled the House, it was common practice for Republican leaders to waive any points of order against spending bills, and then have their rank and file argue that they were merely voting on a procedural vote without substance. The various House points of order need procedural protection, by requiring a special supermajority vote to ever waive a budget point of order, similar to those provided in the Senate. This is a major improvement that could be added by amendment when House Republicans consider the package on January 4th.

Another reform would be to mandate that any bill that is going to be considered on the House floor be accompanied with a formal cost estimate from the Congressional Budget Office. I’m not as concerned about the major bills lacking a score (they normally do), but it’s the host of smaller bills that receive cursory consideration on the suspension calendar that worry me. In addition, the rules package should require that there be actual, recorded votes for all bills that cost a certain amount of money, and there should be a mandate against creating new programs. Too many times, these bills get approved quickly (by a voice vote) on the suspension calendar without forcing Members to fully consider, and be up front with, what they’re voting on. This would have a dramatic change on the culture of spending in Congress.

Again, there is nothing in the rules package that is groundbreaking in that the package does not attempt a wholesale revision of how Congress operates or spends taxpayer dollars. But the package includes several important reforms, many of which conservatives have been fighting over the years for. It is a nice first step by Republican Leaders, and rank-and-file Republican would be wise to resist efforts to water it down and look for ways to improve upon it.

Crossposted at Heritage Action for America



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45 Comments Leave a comment

I'm not sure I like the Constitutional citation rule

whitman (Diary) Thursday, December 30th at 3:42PM EDT (link)

because it might lead the current House majority to expand the proper interpretation of Constitutional provisions.

Citing the part of Article 1, Section 8 that authorizes a bill might seem like a good idea. And perhaps starting in 1791 it would have helped preserve the limited nature of the federal government.

But the new House majority can’t get back there all in one step. It would be seen as extreme and likely lose its majority in 2012. For example, I think it is unconstitutional for Congress to promise money to the states on condition that they pass a certain law or act a certain way if the subject of the condition does not fall within the enumerated powers. Most of federal education law, including NCLB a GW Bush program, is justified that way. Using this interpretation, the tax and spend power becomes virtually unlimited. Yet the budget, and federal law, are riddled with such conditional grants, some of which are pretty popular. With the new Rule, the House majority must either enshrine in legislation the view that these conditional grants are constitutional, or wipe them all out at once.
Neither is very appealing.

Better to first stop making these conditional grants, and start replacing the existing grants with block grants, until we get to a point where we can wipe the rest out without causing too much of a firestorm.

Block grants? Do you understand NOT SPENDING?

ohiohistorian (Diary) Friday, December 31st at 5:58AM EDT (link)

We are at the point where we can either NOT spend money, or can kill our country. Which will it be? Yet you talk about changing to block grants.

What we really need is to instead move to the point where, if your state wants a block grant, it pays for the block grant in the state. The role of Washington should be NONE in funding your state.

““Liberals tend to put the onus of your success on society and conservatives on you and your family.”

Dennis Prager

Right, all block grants do is

davesinsanantonio (Diary) Monday, January 3rd at 5:12AM EDT (link)

increase total federal spending. Because when they take our tax money and then return it to the states some stays in Washington as pay for the federal bureaucrats overseeing that grant. Cut out the middle man and save billions.

 
 

Not to Worry

edintexas Monday, January 3rd at 8:18AM EDT (link)

I wouldn’t lose any sleep over this “requirement” for a cite of the Constitution granting the power supposedly used in any bill. Newt tried instituting the requirement, as the new Speaker, that each bill include a specific citation of the Federal power granted by the Constitution. He even went so far as to state that citations of “General Welfare” would not suffice.

IIRC, even the Republicans often ignored this “rule”.

 
 

A good start

kevnad1966 (Diary) Thursday, December 30th at 3:44PM EDT (link)

On the surface, this appears to be helpful; there is so much more they could do with the procedure rules, but I definitely think this will help. has the “public” finally come around to their senses that govt. must stop spending what they don’t have?

I am not a fan of not counting the tax cuts

Death_of_the_Donkey (Diary) Thursday, December 30th at 7:23PM EDT (link)

though. The rules appear to exempt virtually any tax cut from having to be considered for a budget neutral perspective and while we all like tax cuts, a lack of revenues can cause the country severe fiscal stress should our interest rates spike out of fear of non-payment (ie see Europe).

Tax Cuts

zuckey6 (Diary) Thursday, December 30th at 9:34PM EDT (link)

The Congress did not cut taxes in the Lame-duck session. It only prevented tax rates from increasing on Jan 1, 2011.

 

Isn't that the Democrat Argument?

edintexas Monday, January 3rd at 8:25AM EDT (link)

Isn’t it the Dems who argue that all tax rate reductions and tax exemptions always result in lower tax income and must be “paid for” with increased income elsewhere?

Up to a point, yet to be determined, isn’t it the Republicans who have proven that reductions in the tax rate result in increased income to the government?

Just saying.

 
 
 

Don't you mean the "good and welfare clause"?

SoFiMil (Diary) Thursday, December 30th at 3:54PM EDT (link)

and a couple of other clauses which I can’t think of at this time. John Conyers is Chair of the Judiciary Committee you know (as he reminds us below).

www.suvstrategery.blogspot.com

Are you serious? Are you serious?

SoFiMil (Diary) Thursday, December 30th at 3:55PM EDT (link)

www.suvstrategery.blogspot.com

Ummm...you might want to downsize your video next time... [nt]

Bill S (Diary) Thursday, December 30th at 4:04PM EDT (link)

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

How do I downsize?

SoFiMil (Diary) Thursday, December 30th at 4:53PM EDT (link)

Thanks, Bill.

www.suvstrategery.blogspot.com

I think this will work...

Jim Tomasik (Diary) Thursday, December 30th at 4:57PM EDT (link)

Yes it did.

Jim Tomasik (Diary) Thursday, December 30th at 4:59PM EDT (link)

I’m so proud of myself! ;)

In the embed code, there is a pair of numbers at the beginning that are also repeated near the end

object width=”640″ height=”390″

I changed those numbers to 320 and 200 in both locations.

Thanks, Jim.

SoFiMil (Diary) Thursday, December 30th at 5:26PM EDT (link)

Will do this in the future.

www.suvstrategery.blogspot.com

 
 
 

Actually Can You Explain To Me

wonkish1 (Diary) Thursday, December 30th at 4:57PM EDT (link)

How to embed a video into a post or diary?

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

I'm not sure if this will work in a comment

Bill S (Diary) Thursday, December 30th at 5:23PM EDT (link)

but you can put a video in a diary by copy/pasting the YouTube link from YouTube and surrounding the link with tags that look like this:

[youtube]your-youtube-url-goes-here[/youtube]

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

Thanks

wonkish1 (Diary) Thursday, December 30th at 5:28PM EDT (link)

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

 
 

Simple way to embed a YouTube video

6eorge Jetson (Diary) Thursday, December 30th at 5:33PM EDT (link)

Go to the YouTube page and click on the “Embed” button just below the video. The “html code” to embed the video will appear in a box. Just cut-and-paste that into you RedState reply. It will look like this (trick employed)

<object width=”425″ height=”344″><param name=”movie” value=”http://www.youtube-nocookie.com/v/BnLa1BvtaxM?fs=1&hl=en_US&rel=0&color1=0×006699&color2=0x54abd6″></param><param name=”allowFullScreen” value=”true”></param><param name=”allowscriptaccess” value=”always”></param><embed src=”http://www.youtube-nocookie.com/v/BnLa1BvtaxM?fs=1&hl=en_US&rel=0&color1=0×006699&color2=0x54abd6″ type=”application/x-shockwave-flash” allowscriptaccess=”always” allowfullscreen=”true” width=”425″ height=”344″></embed></object>

and will appear as (no tricks employed by me)


Click to see full size image

Thanks A Bunch

wonkish1 (Diary) Thursday, December 30th at 5:40PM EDT (link)

I appreciate it.

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

 

6eorge, your video method does not appear on iPhones or iPads (stupid apple doesn't allow flash).

roscopico (Diary) Thursday, December 30th at 6:25PM EDT (link)

The bracket YouTube bracket method does, however.

Im Himmel gibt’s kein Bier…

Thanks for extending the "help"

6eorge Jetson (Diary) Thursday, December 30th at 7:39PM EDT (link)

:)


Click to see full size image

Wow. That's neat. Thanks, George.

joayn (Diary) Thursday, December 30th at 8:14PM EDT (link)

America is an idea; a noble idea that essentially boils down to the shocking belief that the masses are in fact not asses. John Nolte

 
 
 
 
 
 
 
 
 

Budget Breakup Would Have Been The Most Useful

wonkish1 (Diary) Thursday, December 30th at 4:18PM EDT (link)

A rule change to allow the budget to be broken up into a few pieces would have led to more spending cuts than anything else. Because then you force the different parts of the government to be subject to a lot more spending scrutiny. When the budget appears in 1 piece than many just have to vote for it eventually to get the piece they need. In multiple pieces than most people’s piece isn’t into any individual budget and so they go to each budget chunk with a scalpel.

That is the rule the change I’m after. The only problem is that it elongates the process a lot. Which is a good thing in 2011, but in 2013 with a GOP president you may want more time to take on entitlements and a very long budget process may take up a lot of time.

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

I understood that Boehner is going to break up the spending bills

carolina Thursday, December 30th at 7:24PM EDT (link)

He is going to have each govt agency or dept considered in a separate bill specifically for that agency or dept – according to an article at politico a few weeks ago.
If I find a link I will post it.

That Would Be News To Me

wonkish1 (Diary) Thursday, December 30th at 7:27PM EDT (link)

Because the last article I saw on the issue was that Boehner was only thinking about it. It would be extremely, unbelievably good news if he actually decided on doing it.

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

 

Here is the story and link

carolina Thursday, December 30th at 7:35PM EDT (link)

http://www.politico.com/news/stories/1110/45783.html

House Republicans are devising a plan to simplify spending decisions by considering government funding bills on a department-by-department basis in the new Congress, according to Republican insiders

Read more: http://www.politico.com/news/stories/1110/45783.html#ixzz19e3Mjq00

 

Here is the story and link

carolina Thursday, December 30th at 7:35PM EDT (link)

http://www.politico.com/news/stories/1110/45783.html

House Republicans are devising a plan to simplify spending decisions by considering government funding bills on a department-by-department basis in the new Congress, according to Republican insiders

Read more: http://www.politico.com/news/stories/1110/45783.html#ixzz19e3Mjq00

Good To Hear

wonkish1 (Diary) Thursday, December 30th at 7:51PM EDT (link)

This article shows a lot more intent than the very basic “we’re thinking about” piece I read a while back.

Thanks for bringing this to my attention.

“First you win the argument, then you win the vote.” Margaret Thatcher

Conservative Innovations I Want To See Succeed
http://rightnetwork.com/ –New conservative TV network
http://actright.com/ –Fundraising hub for all things conservative
http://connect.freedomworks.org/ — Connecting Tea Partiers around the country
http://procinct.net/ –GOTV walk/call lists
http://www.citizensunited.org/ –Their documentary arm

 
 
 
 

It's a start

drfredc Thursday, December 30th at 6:25PM EDT (link)

The GOP House rules are a good step in the right direction. IMHO, a real change would repeal some of the Budget Act of 1974 which includes rules that basically require the President to spend everything Congress appropriates.

Before 1974, Presidents of either party could impound money on stuff they felt wasn’t necessary, allowing the President to have an active role in controlling deficit spending such as eliminating earmarks and pork. Minimally, they ought to say this sort of rule change might take effect in 2012. Let Obama come out of the closet in how he would (or wouldn’t) control spending before the next election…

Always, Fred C

Agree

Russ Vought (Diary) Thursday, December 30th at 7:37PM EDT (link)

I completely agree in terms of the Budget Act, but that requires an actual statutory change.

We need to get this suggestion beyond these pages

carolina Thursday, December 30th at 8:28PM EDT (link)

and into the ‘ear’ of someone on the Hill. Anyone here have direct contact with any member or staffer?

 
 
 

Is Boehner even the right man for speaker?

txgho1911 Thursday, December 30th at 8:01PM EDT (link)

These rules as written do not depend on Boehner being speaker. Who else in the house would be a better solid choice? Bachman! Pence! Others.

 

A Supplement

ss396 Thursday, December 30th at 8:26PM EDT (link)

Awhile back someone on RedState floated the complementary idea that, in addition to citing the Constitutional authority permitting Congress to act; the bill should also contain an explanation of why the bill cannot or should not be accomplished by the individual States.

Sola scriptura, Sola fide, Sola gratia

I totally agree.

carolina Thursday, December 30th at 8:30PM EDT (link)

The House needs to answer this question before ANY new legislation is enacted. Again – anyone here in contact with a member or staffer on the Hill?

 
 

Budgetary inflation

cwilson (Diary) Thursday, December 30th at 9:32PM EDT (link)

Here’s the current budget process: Last year we spent $125B on the Dept of State, and assumed that outlays would increase by 9.2% each year for the following 10 years. Thus, this year’s nominal State Dept Budget should be $125B x 1.092 = $136.5B. So…

Any proposed budget for the Department of State less than $136.5B is considered a “cut” — $126B is a CUT even tho it is MORE than we spent last year. Worse, any proposed budget MORE than $136.5B is considered a smaller increase (over the “baseline”) than we normal humans would compute it. See, suppose this year we budget $140B for the State Dept. Normal humans would say: well, 140/125 * 100% = 112% … that’s a 12% increase.

Congress says, no, the baseline for next year’s spending is $136.5B (even tho we “only” spent $125B in the current year), so a budget of $140B is only 140/136.5 * 100% = 102.6%, a 2.6% increase over that baseline. That’s ok, right? I mean, 2.6%? That’s barely keeping up with inflation…

Never mind that the 9.2% annual increase “baked into the cake” already included inflation adjustment…

Anyway, if a corporation did this, their board would be fired and the CEO and CFO would be in jail…but for Congress, this is “The Way Things Are Done”

THAT needs to change.

If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen! –Samuel Adams

N.B:

cwilson (Diary) Thursday, December 30th at 9:35PM EDT (link)

All the numbers in the preceeding were completely made up — but the process is real. It’s how Republicans got slammed for “slashing” the school lunch program by spending MORE on it each year — but not as MUCH more as the baseline estimate increase.

If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom — go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen! –Samuel Adams

I thought there was a plan to go back to 2008 levels

carolina Thursday, December 30th at 10:42PM EDT (link)

….. as a ‘starting’ position. I have to admit that I don’t know what became of that plan. Maybe someone else can shed more light on this.

Meanwhile, your point is well taken. I want ZERO BASED budgets created from the ground up. (I can dream)

 
 
 

More transparency

DerKrieger (Diary) Thursday, December 30th at 10:40PM EDT (link)

The entire budget of the United States need to be posted online down to the smallest possible line item. I want to know how much each bureaucrat in the Dept Of Education gets paid and how much they spend on paper clips. The only thing that should be exempt are some military and national security spending. I guarantee you that We the People could find hundreds of billions to cut if we knew where our money was going.

And we need bills online for a week, not just three days.

“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson

“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison

Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690

Just one problem

jimmyneutron Friday, December 31st at 7:44AM EDT (link)

You are assuming that they actually know what they spend or where any of it goes – ha ha ha ha (not so funny really – I actually want to cry thinking about it all).
These people are masters of obfuscation – that money is probably harder to trace than money laundered through offshore bank accounts.

We need to quit assuming that they run the gov’t as a business – they run it as a slush fund for whoever is devious enough to get a piece of the pie.

I suspect that each time they sign a contract or purchase this or that or the other thing that arrangements are involved that channel some of the funds back to relatives or reelection funds, etc. I trust none of them with my money or with yours.

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

 

How about...

sccrenny (Diary) Monday, January 3rd at 11:56AM EDT (link)

one day for every 300 pages (insert your own number) of legislation? Three days is plenty for a 300-page bill, one week isn’t near enough for ObamaCare. What saddens and exasperates me is that it really doesn’t matter how we try to mandate transparency, it becomes the politician’s job to find a way to thwart it. Which is why I repeat, what we need to do as a country is to elect statesmen (statespersons?) rather than politicians.

When I look at Barack Obama I don’t see black. I don’t see white. I do, however see RED! It’s the same color I see when I look at Pelosi, Reid, ACORN, SEIU…

Precinct Delegate since 2010

 
 

That is the wrong way to look at things. That is like

davesinsanantonio (Diary) Monday, January 3rd at 5:23AM EDT (link)

a woman, or a man, going shopping and buying a new dress that is outside the budget and when she gets home telling her husband how much money she saved by getting it on sale. The real problem is she spent money they did not have to spend, not how much she “saved”.
In the federal budget, it is the same issue. It is not where the money comes from, but how much is going out that matters. It really doesn’t matter if we cut tax rates anyway, because it is total revenue vs. total spending that determines the deficit and the debt. If we cut total spending to below revenue, no matter how much revenue there is, then the deficit disappears, and eventually so does the debt.
Congress has a real addiction to spending, often on stupid nonsense that any ordinary person can see, but their addiction causes them to do things that are harmful to the country to get the high of feeding their addiction. Cure, or at least curtail, the addiction, and the country will generate enough revenue to solve the debt issue. Keep spending, and the issue gets worse. And, raising tax rates to “pay for the addiction” is like selling the furniture and the car, and taking out a loan on the house, to finance a drug addiction–pretty soon there is nothing left to sell, or to tax!!!

 

The Dem Talking Points Are Out

snopercod Monday, January 3rd at 7:06AM EDT (link)

They’re calling the rule change “Undemocratic”.

Video at [url=http://gatewaypundit.rightnetwork.com/2011/01/fantastic-rep-elect-mike-kelly-r-pa-michele-bachmann-r-mn-smack-around-libs-weiner-and-wasserman-schultz-on-face-the-nation-video/]Gateway Pundit[/url]

(hope this link thingie works…)

Let's see...

sccrenny (Diary) Monday, January 3rd at 11:45AM EDT (link)

if this works:

When I look at Barack Obama I don’t see black. I don’t see white. I do, however see RED! It’s the same color I see when I look at Pelosi, Reid, ACORN, SEIU…

Precinct Delegate since 2010

Kowalski

sccrenny (Diary) Monday, January 3rd at 11:49AM EDT (link)

Apparently not.. don’t trust ANYTHING from CBS News!

When I look at Barack Obama I don’t see black. I don’t see white. I do, however see RED! It’s the same color I see when I look at Pelosi, Reid, ACORN, SEIU…

Precinct Delegate since 2010