I 112th CONGRESS 1st Session H. R. 2835 IN THE HOUSE OF REPRESENTATIVES September 2, 2011 Mr. Larson of Connecticut (for himself, Mr. Boswell, Mr. Clay, Ms. Eshoo, Ms. Norton, Mr. Pascrell, Mr. Rothman of New Jersey, Mr. Towns, Ms. Bass of California, Ms. Berkley, Mr. Bishop of Georgia, Mr. Blumenauer, Mrs. Capps, Mr. Capuano, Mrs. Christensen, Mr. Cicilline, Mr. Clarke of Michigan, Mr. Cleaver, Mr. Cohen, Mr. Courtney, Mr. Cummings, Ms. DeLauro, Mr. Ellison, Mr. Filner, Mr. Gonzalez, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutierrez, Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, Mr. Langevin, Ms. Lee of California, Mr. Luján, Mrs. Maloney, Ms. Matsui, Mrs. McCarthy of New York, Mr. McDermott, Mr. McGovern, Mr. Meeks, Mr. Murphy of Connecticut, Mr. Nadler, Mr. Neal, Mr. Reyes, Ms. Richardson, Mr. Ruppersberger, Mr. Rush, Ms. Linda T. Sánchez of California, Ms. Schakowsky, Mr. Sires, Mr. Stark, Mr. Tonko, Ms. Tsongas, Mr. Van Hollen, Ms. Velázquez, Mr. Welch, Ms. Wilson of Florida, Ms. Woolsey, Mr. Yarmuth, Mr. Doyle, and Mr. Clyburn) introduced the following bill September 6, 2011 Referred to the Committee on Rules A BILL To establish a joint select committee of Congress to report findings and propose legislation to restore the Nation’s workforce to full employment over the period of fiscal years 2012 and 2013, and to provide for expedited consideration of such legislation by both the House of Representatives and the Senate.

1.

Short title

This Act may be cited as the Joint Select Committee on Job Creation Act of 2011.

2.

Establishment of joint select committee

(a)

Definitions

In this Act: (1)

Joint committee

The term joint committee means the Joint Select Committee on Job Creation established under subsection (b)(1). (2)

Joint committee bill

The term joint committee bill means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 3(a). (b)

Establishment of Joint Select Committee

(1)

Establishment

There is established a joint select committee of Congress to be known as the Joint Select Committee on Job Creation. (2)

Goal

The goal of the joint committee shall be to restore the Nation’s workforce to full employment, as defined by the Secretary of Labor not later than 14 days after the date of the enactment of this Act, over the period of fiscal years 2012 and 2013. (3)

Duties

(A)

In general

(i)

Improving the short-term and long-term employment levels

The joint committee shall provide recommendations and legislative language that will significantly improve the short-term and long-term employment levels in the United States. (ii)

Recommendations of committees

Not later than October 14, 2011, each committee of the House of Representatives and the Senate may transmit to the joint committee its recommendations for changes in law to increase employment levels consistent with the goal described in paragraph (2) for the joint committee’s consideration. (B)

Report, recommendations, and legislative language

(i)

In general

Not later than November 23, 2011, the joint committee shall vote on— (I)a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the estimate of the Joint Economic Committee required by paragraph (5)(D)(ii); and (II)proposed legislative language to carry out such recommendations as described in subclause (I), which shall include a statement of the job creation achieved by the legislation over the period of fiscal years 2012 and 2013. Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory.(ii)

Approval of report and legislative language

The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee. (iii)

Additional views

A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views. (iv)

Transmission of report and legislative language

If the report and legislative language are approved by the joint committee pursuant to clause (ii), then not later than December 2, 2011, the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. (v)

Report and legislative language to be made public

Upon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of the vote, available to the public. (4)

Membership

(A)

In general

The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B). (B)

Appointment

Members of the joint committee shall be appointed as follows: (i)The majority leader of the Senate shall appoint three members from among Members of the Senate. (ii)The minority leader of the Senate shall appoint three members from among Members of the Senate. (iii)The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives. (iv)The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives. (C)

Co-chairs

(i)

In general

There shall be two Co-Chairs of the joint committee. The majority leader of the Senate shall appoint one Co-Chair from among the members of the joint committee. The Speaker of the House of Representatives shall appoint the second Co-Chair from among the members of the joint committee. The Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act. (ii)

Staff director

The Co-Chairs, acting jointly, shall hire the staff director of the joint committee. (D)

Date

Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act. (E)

Period of appointment

Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist. (5)

Administration

(A)

In general

To enable the joint committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the joint committee approved by the co-chairs, subject to the rules and regulations of the Senate. (B)

Expenses

In carrying out its functions, the joint committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11 of Public Law 79–304 (15 U.S.C. 1024(d)). (C)

Quorum

Seven members of the joint committee shall constitute a quorum for purposes of voting, meeting, and holding hearings. (D)

Voting

(i)

Proxy voting

No proxy voting shall be allowed on behalf of the members of the joint committee. (ii)

Job creation estimates

The Joint Economic Committee, authorized in 4(C)(iii) shall provide estimates of the legislation (as described in paragraph (3)(B)). The joint committee may not vote on any version of the report, recommendations, or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the Co-Chairs. (E)

Meetings

(i)

Initial meeting

Not later than 45 calendar days after the date of enactment of this Act, the joint committee shall hold its first meeting. (ii)

Agenda

The Co-Chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting. (F)

Hearings

(i)

In general

The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable. (ii)

Hearing procedures and responsibilities of co-chairs

(I)

Announcement

The Co-Chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the Co-Chairs determine that there is good cause to begin such hearing at an earlier date. (II)

Written statement

A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the Co-Chairs, following their determination that there is good cause for failure to comply with such requirement. (G)

Technical assistance

Upon written request of the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties. (c)

Staff of Joint Committee

(1)

In general

The Co-Chairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. (2)

Ethical standards

Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee and staff of the joint committee shall comply with the ethics rules of the Senate. (d)

Termination

The joint committee shall terminate on January 31, 2012.

3.

Expedited consideration of joint committee recommendations

(a)

Introduction

(1)

If approved

If approved by the majority required by section 2(b)(3)(B)(ii), the proposed legislative language submitted pursuant to section 2(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (2)

If not approved

If no legislative language is approved by the vote required by section 2(b)(3)(B)(i), then any legislative language that was brought to a vote under such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (b)

Consideration in the House of Representatives

(1)

Referral and reporting

Any committee of the House of Representatives to which the joint committee bill is referred shall report it to the House without amendment not later than December 9, 2011. If a committee fails to report the joint committee bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2)

Proceeding to consideration

After the last committee authorized to consider a joint committee bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint committee bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3)

Consideration

The joint committee bill shall be considered as read. All points of order against the joint committee bill and against its consideration are waived. The previous question shall be considered as ordered on the joint committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint committee bill. A motion to reconsider the vote on passage of the joint committee bill shall not be in order. (4)

Vote on passage

The vote on passage of the joint committee bill shall occur not later than December 23, 2011. (c)

Expedited Procedure in the Senate

(1)

Committee consideration

A joint committee bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than December 9, 2011. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. (2)

Motion to proceed

Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a joint committee bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the joint committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the joint committee bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint committee bill is agreed to, the joint committee bill shall remain the unfinished business until disposed of. (3)

Consideration

All points of order against the joint committee bill and against consideration of the joint committee bill are waived. Consideration of the joint committee bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the joint committee bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the joint committee bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. (4)

No amendments

An amendment to the joint committee bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint committee bill, is not in order. (5)

Vote on passage

If the Senate has voted to proceed to the joint committee bill, the vote on passage of the joint committee bill shall occur immediately following the conclusion of the debate on a joint committee bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the joint committee bill shall occur not later than December 23, 2011. (6)

Rulings of the chair on procedure

Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint committee bill shall be decided without debate. (d)

Amendment

The joint committee bill shall not be subject to amendment in either the House of Representatives or the Senate. (e)

Consideration by the Other House

(1)

In general

If, before passing the joint committee bill, one House receives from the other a joint committee bill— (A)the joint committee bill of the other House shall not be referred to a committee; and (B)the procedure in the receiving House shall be the same as if no joint committee bill had been received from the other House until the vote on passage, when the joint committee bill received from the other House shall supplant the joint committee bill of the receiving House. (2)

Revenue measure

This subsection shall not apply to the House of Representatives if the joint committee bill received from the Senate is a revenue measure. (f)

Rules To Coordinate Action With Other House

(1)

Treatment of joint committee bill of other house

If the Senate fails to introduce or consider a joint committee bill under this section, the joint committee bill of the House shall be entitled to expedited floor procedures under this section. (2)

Treatment of companion measures in the senate

If following passage of the joint committee bill in the Senate, the Senate then receives the joint committee bill from the House of Representatives, the House-passed joint committee bill shall not be debatable. The vote on passage of the joint committee bill in the Senate shall be considered to be the vote on passage of the joint committee bill received from the House of Representatives. (3)

Vetoes

If the President vetoes the joint committee bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (g)

Loss of Privilege

The provisions of this section shall cease to apply to the joint committee bill if the joint committee bill does not pass both Houses not later than December 23, 2011.

4.

Funding

Funding for the joint committee shall be derived in equal portions from— (1)the applicable accounts of the House of Representatives; and (2)the contingent fund of the Senate from the appropriations account Miscellaneous Items, subject to the rules and regulations of the Senate.

5.

Rulemaking

The provisions of this Act are enacted by Congress— (1)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2)with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.