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Code · BILL · 113th Congress · H. Res. 5 (Engrossed in House) — Adopting rules for the One Hundred Thirteenth Congress. · Sec. 3

Sec. 3. Separate orders

1,658 words·~8 min read·/bill/113/hres/5/eh/section-3·

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Section 1899A(d) of the Social Security Act shall not apply in the One Hundred Thirteenth Congress. During the One Hundred Thirteenth Congress, references in section 306 of the Congressional Budget Act of 1974 to a resolution shall be construed in the House of Representatives as references to a joint resolution. During the One Hundred Thirteenth Congress, in the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under section 303 of the Congressional Budget Act of 1974 shall be determined on the basis of the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be.
During the One Hundred Thirteenth Congress, a provision in a bill or joint resolution, or in an amendment thereto or a conference report thereon, that establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual discretionary appropriations shall not be considered as providing new entitlement authority within the meaning of the Congressional Budget Act of 1974. During the One Hundred Thirteenth Congress, except as provided in subparagraph (C), a motion that the Committee of the Whole rise and report a bill to the House shall not be in order if the bill, as amended, exceeds an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974, as estimated by the Committee on the Budget.
If a point of order under subparagraph
(A)is sustained, the Chair shall put the question: Shall the Committee of the Whole rise and report the bill to the House with such amendments as may have been adopted notwithstanding that the bill exceeds its allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974? . Such question shall be debatable for 10 minutes equally divided and controlled by a proponent of the question and an opponent but shall be decided without intervening motion. Subparagraph
(A)shall not apply— to a motion offered under clause 2(d) of rule XXI; or after disposition of a question under subparagraph
(B)on a given bill. If a question under subparagraph
(B)is decided in the negative, no further amendment shall be in order except— one proper amendment, which shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole; and pro forma amendments, if offered by the chair or ranking minority member of the Committee on Appropriations or their designees, for the purpose of debate. During the first session of the One Hundred Thirteenth Congress, pending the adoption of a concurrent resolution on the budget for fiscal year 2014, the provisions of House Concurrent Resolution 112, One Hundred Twelfth Congress, as adopted by the House, shall have force and effect in the House as though Congress has adopted such concurrent resolution, and the allocations of spending authority printed in tables 11 and 12 of House Report 112–421 (One Hundred Twelfth Congress) shall be considered for all purposes in the House to be the allocations under section 302(a) of the Congressional Budget Act of 1974. In determining the budgetary effects of any legislation for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (including the required designation in PAYGO Acts), the chair of the Committee on the Budget may make adjustments to take into account the exemptions and adjustments set forth in section 503(b)(1) of House Concurrent Resolution 112, One Hundred Twelfth Congress. During the reading of a general appropriation bill for amendment in the Committee of the Whole House on the state of the Union, it shall be in order to consider en bloc amendments proposing only to transfer appropriations from an object or objects in the bill to a spending reduction account. When considered en bloc under this paragraph, such amendments may amend portions of the bill not yet read for amendment (following disposition of any points of order against such portions) and are not subject to a demand for division of the question in the House or in the Committee of the Whole. Except as provided in paragraph (1), it shall not be in order to consider an amendment to a spending reduction account in the House or in the Committee of the Whole House on the state of the Union. It shall not be in order to consider an amendment to a general appropriation bill proposing a net increase in budget authority in the bill (unless considered en bloc with another amendment or amendments proposing an equal or greater decrease in such budget authority pursuant to clause 2(f) of rule XXI). A point of order under clause 2(b) of rule XXI shall not apply to a spending reduction account. A general appropriation bill may not be considered in the Committee of the Whole House on the state of the Union unless it includes a spending reduction account as the last section of the bill. An order to report a general appropriation bill to the House shall constitute authority for the chair of the Committee on Appropriations to add such a section to the bill or modify the figure contained therein. For purposes of this subsection, the term spending reduction account means an account in a general appropriation bill that bears that caption and contains only a recitation of the amount by which an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of new budget authority proposed by the bill. It shall not be in order to consider any concurrent resolution on the budget, or amendment thereto or conference report thereon, unless it contains a separate heading entitled Direct Spending , which shall include a category for Means-Tested Direct Spending and a category for Nonmeans-Tested Direct Spending and sets forth— the average rate of growth for each category in the total amount of outlays during the 10-year period preceding the budget year; estimates for each such category under current law for the period covered by the concurrent resolution; and information on proposed reforms in such categories. Before the consideration of a concurrent resolution on the budget by the Committee on the Budget for a fiscal year, the chair of the Committee on the Budget shall submit for printing in the Congressional Record a description of programs which shall be considered means-tested direct spending and nonmeans-tested direct spending for purposes of this subsection. Notwithstanding clause 5(d) of rule X, during the One Hundred Thirteenth Congress— the Committee on Armed Services may have not more than seven subcommittees; the Committee on Foreign Affairs may have not more than seven subcommittees; and the Committee on Transportation and Infrastructure may have not more than six subcommittees. During the One Hundred Thirteenth Congress— The House of Representatives may not provide access to any exercise facility which is made available exclusively to Members and former Members, officers and former officers of the House of Representatives, and their spouses to any former Member, former officer, or spouse who is a lobbyist registered under the Lobbying Disclosure Act of 1995 or any successor statute or agent of a foreign principal as defined in clause 5 of rule XXV. For purposes of this section, the term Member includes a Delegate or Resident Commissioner to the Congress. The Committee on House Administration shall promulgate regulations to carry out this subsection. In the One Hundred Thirteenth Congress, the first 10 numbers for bills (H.R. 1 through H.R. 10) shall be reserved for assignment by the Speaker and the second 10 numbers for bills (H.R. 11 through H.R. 20) shall be reserved for assignment by the Minority Leader. To the maximum extent practicable and consistent with established drafting conventions, an instruction in a bill or joint resolution proposing to repeal or amend any law or part thereof not contained in a codified title of the United States Code shall include, if available, the applicable United States Code citation in parenthesis immediately following the designation of the matter proposed to be repealed or amended. The chair of a committee may request that the General Accountability Office perform a duplication analysis of any bill or joint resolution referred to that committee. Any such analysis shall assess whether, and the extent to which, the bill or joint resolution creates a new Federal program, office, or initiative that duplicates or overlaps with any existing Federal program, office, or initiative. The report of a committee on a bill or joint resolution shall include a statement, as though under clause 3(c) of rule XIII, indicating whether any provision of the measure establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program. The statement shall at a minimum explain whether— any such program was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139 ; or the most recent Catalog of Federal Domestic Assistance, published pursuant to the Federal Program Information Act ( Public Law 95–220 , as amended by Public Law 98–169 ), identified other programs related to the program established or reauthorized by the measure. The report of a committee on a bill or joint resolution shall include a statement, as though under clause 3(c) of rule XIII, estimating the number of directed rule makings required by the measure. For purposes of this subparagraph, the term directed rule making means a specific rule making within the meaning of section 551 of title 5, United States Code, specifically directed to be completed by a provision in the measure, but does not include a grant of discretionary rule making authority.
Connections3 off-index
3 references not yet in our index
  • Pub. L. 111-139
  • Pub. L. 95-220
  • Pub. L. 98-169
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cites case law
Sec. 3
Separate orders
Pub. L.Pub. L. 111-139
Pub. L.Pub. L. 95-220
Pub. L.Pub. L. 98-169
Cites 3Cited by 0 across 0 sources
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