Sec. 3. Separate orders
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During the One Hundred Eighteenth Congress, any reference in clause 2 of rule XXI to a provision or amendment that retrenches expenditures by a reduction of amounts of money covered by the bill shall be construed as applying to any provision or amendment (offered after the bill has been read for amendment) that retrenches expenditures by— reduction of amounts of money in the bill; the reduction of the number and salary of the officers of the United States; or the reduction of the compensation of any person paid out of the Treasury of the United States.
The regulations adopted pursuant to House Resolution 1096, One Hundred Seventeenth Congress, shall have no force or effect during the One Hundred Eighteenth Congress. During the One Hundred Eighteenth Congress, a bill or joint resolution may not be introduced unless the sponsor submits for printing in the Congressional Record a statement setting forth the single subject of the bill or joint resolution. Such statement shall be included with the statement required by clause 7(c) of rule XII, and shall appear in a portion of the Record designated for that purpose and be made publicly available in electronic form by the Clerk.
This subsection shall become effective on February 1, 2023. On any bill or joint resolution introduced prior to the effective date of this subsection, the statement required under paragraph
(1)shall, to the extent practicable, be submitted by the sponsor prior to committee or House consideration. During the One Hundred Eighteenth Congress, it shall not be in order to consider a rule or order that waives all points of order against an amendment submitted to the Committee on Rules otherwise in violation of clause 7 of rule XVI. As disposition of a point of order under paragraph (1), the Chair shall put the question of consideration with respect to the rule or order, as applicable. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion. During the first session of the One Hundred Eighteenth Congress— the allocations, aggregates, and other appropriate levels submitted for printing in the Congressional Record by the chair of the Committee on the Budget shall be considered for all purposes in the House to be the allocations, aggregates, and other appropriate levels under titles III and IV of the Congressional Budget Act of 1974; and the provisions of Senate Concurrent Resolution 14, One Hundred Seventeenth Congress, shall have no force or effect. The chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels referred to in subparagraph
(A)for any bill or joint resolution, or amendment thereto or conference report thereon, if such measure would not increase direct spending in either the period of— fiscal years 2023 to 2028; and fiscal years 2023 to 2033. The chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels referred to in subparagraph
(A)to take into account the most recent baseline published by the Congressional Budget Office. Prior to the election of a chair of the Committee on the Budget, the Majority Leader or his designee may submit the matter referred to in subparagraph
(A)or make such revisions referred to in subparagraph (B). The chair of the Committee on the Budget or, prior to the election of the chair, the Majority Leader or his designee may adjust an estimate under clause 4 of rule XXIX to exempt the budgetary effects of measures to protect taxpayers with taxable incomes below $400,000 from an increase in audits above the most recent tax year from the Internal Revenue Service. The Director of the Congressional Budget Office shall, to the extent practicable, prepare an estimate of whether a bill or joint resolution reported by a committee (other than the Committee on Appropriations), or amendment thereto or conference report thereon, would cause, relative to current law, a net increase in direct spending in excess of $2,500,000,000 in any of the 4 consecutive 10-fiscal year periods beginning with the first fiscal year that is 10 fiscal years after the current fiscal year. It shall not be in order to consider any bill or joint resolution reported by a committee, or amendment thereto or conference report thereon, that would cause a net increase in direct spending in excess of $2,500,000,000 in any of the 4 consecutive 10-fiscal year periods described in subparagraph (A). For purposes of this subsection, the levels of net increases in direct spending shall be determined on the basis of estimates provided by the chair of the Committee on the Budget. During the One Hundred Eighteenth Congress, if an estimate provided by the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 shows changes in mandatory spending that cause a gross budgetary effect in any fiscal year over a 10-year period that is equal to or greater than .25 percent of the projected gross domestic product (measured by the Consumer Price Index for All Urban Consumers) for the current fiscal year, or upon the request of the chair of the Committee on the Budget, then such estimate shall include, to the extent practicable, a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have a quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. During the One Hundred Eighteenth Congress, if an estimate provided by the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 shows that legislation impacting either the Federal Hospital Insurance Trust Fund or the Old-Age, Survivors, and Disability Insurance Trust Fund (OASDI) causes a gross budgetary effect in any fiscal year over a 10-year period that is equal to or greater than .25 percent of the projected gross domestic product (measured by the Consumer Price Index for All Urban Consumers) for the current fiscal year, or upon request of the chair of the Committee on the Budget, then such estimate shall, to the extent practicable, display— the impact of legislation on the Federal Hospital Insurance Trust Fund’s unfunded liabilities over a 25-year projection, solvency projections, and the net present value of those liabilities; and the impact of legislation on the OASDI trust fund’s unfunded liabilities over a 75-year projection, solvency projections, and the net present value of those liabilities. 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. 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; or if no such allocation is in effect, $0 . In the One Hundred Eighteenth Congress, for all purposes in the House, a provision in a bill or joint resolution, or in an amendment thereto or a conference report thereon, requiring or authorizing a conveyance of Federal land to a State, local government, or tribal entity shall not be considered as providing new budget authority, decreasing revenues, increasing mandatory spending, or increasing outlays. In this subsection: The term conveyance means any method, including sale, donation, or exchange, by which all or any portion of the right, title, and interest of the United States in and to Federal land is transferred to another entity. The term Federal land means any land owned by the United States, including the surface estate, the subsurface estate, or any improvements thereon. The term State means any of the several States, the District of Columbia, or a territory (including a possession) of the United States. During the first session of the One Hundred Eighteenth Congress, each standing committee (other than the Committee on Ethics) shall hold a hearing at which it receives testimony from Members, Delegates, and the Resident Commissioner on proposed legislation within its jurisdiction, except that the Committee on Rules may hold such hearing during the second session of the One Hundred Eighteenth Congress. During the One Hundred Eighteenth Congress, the chair of the Committee on Oversight and Accountability must be included as one of the seven members of the committee making any request of an Executive agency pursuant to section 2954 of title 5, United States Code. During the One Hundred Eighteenth Congress, at the discretion of the chair of a committee and in accordance with regulations submitted for printing in the Congressional Record by the chair of the Committee on Rules— witnesses at committee or subcommittee proceedings may appear remotely; counsel shall be permitted to accompany witnesses appearing remotely; and an oath may be administered to a witness remotely for purposes of clause 2(m)(2) of rule XI. This subsection shall apply only to witnesses appearing in a non-governmental capacity. During the One Hundred Eighteenth Congress, the chair of a standing committee (other than the Committee on Rules), and the chair of the Permanent Select Committee on Intelligence, upon consultation with the ranking minority member of such committee, may order the taking of depositions, including pursuant to subpoena, by a member or counsel of such committee. Depositions taken under the authority prescribed in this subsection shall be subject to regulations issued by the chair of the Committee on Rules and printed in the Congressional Record. Deponents may be accompanied at a deposition by two designated personal, nongovernmental attorneys to advise them of their rights. Only members, committee staff designated by the chair or ranking minority member, an official reporter, the witness, and the witness’s two designated attorneys are permitted to attend. Other persons, including government agency personnel, may not attend. The Committee on House Administration, the Clerk, and other officers and officials of the House shall continue efforts to broaden the availability and utility of legislative documents in machine readable formats in the One Hundred Eighteenth Congress in furtherance of the institutional priorities of— improving public availability and use of legislative information produced by the House and its committees; and enabling all House staff to produce comparative prints showing the differences between versions of legislation, how proposed legislation will amend existing law, and how an amendment may change proposed legislation. The Clerk, the Committee on House Administration, and other officers and officials of the House shall continue efforts to improve the electronic document repository operated by the Clerk for use by committees of the House in the One Hundred Eighteenth Congress, in furtherance of the institutional priority of increasing public availability and identification of legislative information produced and held by House committees, including votes, amendments, and witness disclosure forms. With respect to any memorial presented under clause 3 of rule XII purporting to be an application of the legislature of a State calling for a convention for proposing amendments to the Constitution of the United States pursuant to Article V, or a rescission of any such prior application— the chair of the Committee on the Judiciary shall, in the case of such a memorial presented in the One Hundred Fourteenth Congress or succeeding Congresses, and may, in the case of such a memorial presented prior to the One Hundred Fourteenth Congress, designate any such memorial for public availability by the Clerk; and the Clerk shall make such memorials as are designated pursuant to paragraph
(1)publicly available in electronic form, organized by State of origin and year of receipt, and shall indicate whether the memorial was designated as an application or a rescission. During the One Hundred Eighteenth Congress, a motion to discharge a measure introduced pursuant to section 6 or section 7 of the War Powers Resolution ( 50 U.S.C. 1545–46 ) shall not be subject to a motion to table. There shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary for further expenses of the Committee on House Administration for the One Hundred Eighteenth Congress for resolving contested elections. The amount specified in paragraph
(1)shall be available for expenses incurred during the period beginning at noon on January 3, 2023, and ending immediately before noon on January 3, 2024. Payments under this subsection shall be made on vouchers authorized by the Committee on House Administration, signed by the chair of the Committee, and approved in the manner directed by the Committee. Amounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration. The Speaker is directed to establish a bipartisan task force to conduct a comprehensive review of House ethics rules and regulations, and such task force shall submit recommended improvements to the Speaker, the Majority Leader, the Minority Leader, and the respective chairs and ranking minority members of the committees on Ethics and Rules. During the One Hundred Eighteenth 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 who is an agent of a foreign principal as defined in clause 5 of rule XXV. For purposes of this subsection, 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. Any non-disclosure agreement imposed by any employing or contracting authority in the House of Representatives to which a paid or unpaid employee or contractor is or was required to agree as a term of employment shall— provide clear guidance that the employee or contractor may communicate concerning any matter with the Committee on Ethics, the Office of Congressional Workplace Rights, or any other office or entity designated by the Committee on House Administration without prior, concurrent, or subsequent notice or approval; and not be binding and shall have no legal effect to the extent to which it requires prior, concurrent, or subsequent notice or approval from anyone on any matter with respect to communications from an employee or contractor to any of the committees, offices, or entities described in paragraph (1). Each employing office of the House of Representatives under the Congressional Accountability Act of 1995 shall adopt an anti-harassment and anti-discrimination policy for the office's workplace. Not later than April 1, 2023, the Committee on House Administration shall promulgate regulations to carry out this subsection, and shall ensure that such regulations are consistent with the requirements of the Congressional Accountability Act of 1995, rule XXIII, and other relevant laws, rules, and regulations. The Committee on House Administration shall issue regulations to provide that each employing office of the House of Representatives shall post in a prominent location in the office (including, in the case of the office of a Member, Delegate, or the Resident Commissioner, a prominent location in each district office) a statement of the rights and protections provided to employees of the House of Representatives under the Congressional Accountability Act of 1995, including the procedures available to employees of the House under such Act for responding to and adjudicating allegations of violations of such rights and protections. In the case of a settlement of a complaint under the Congressional Accountability Act of 1995 in connection with a claim alleging a violation described in paragraph
(2)which is committed personally by a Member, Delegate, or Resident Commissioner, if the Member, Delegate, or Resident Commissioner is not required under law to reimburse the Treasury for the amount of the settlement, the chair and ranking minority member of the Committee on House Administration may not approve the settlement pursuant to clause 4(d)(2) of rule X unless, under the terms and conditions of the settlement, the Member, Delegate, or Resident Commissioner is required to reimburse the Treasury for the amount of the settlement. A violation described in this paragraph is— a violation of section 201(a) or section 206(a) of the Congressional Accountability Act of 1995; or a violation of section 208 of such Act which consists of intimidating, taking reprisal against, or otherwise discriminating against any covered employee under such Act because of a claim alleging a violation described in subparagraph (A). A Member of the House of Representatives and an eligible Congressional Member Organization may enter into an agreement under which— an employee of the Member’s office may carry out official and representational duties of the Member by assignment to the Organization; and to the extent that the employee carries out such duties under the agreement, the Member shall transfer the portion of the Members’ Representational Allowance
(MRA)of the Member which would otherwise be used for the salary and related expenses of the employee to a dedicated account in the House of Representatives which is administered by the Organization, in accordance with the regulations promulgated by the Committee on House Administration under paragraph (2). The Committee on House Administration (hereafter referred to in this subsection as the Committee ) shall promulgate regulations as follows: Pursuant to the authority of section 101(d) of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 5341(d) ), the Committee shall prescribe regulations to provide that an eligible Congressional Member Organization may use the amounts transferred to the Organization’s dedicated account under paragraph (1)(B) for the same purposes for which a Member of the House of Representatives may use the Members’ Representational Allowance, except that the Organization may not use such amounts for franked mail, official travel, or leases of space or vehicles. Pursuant to the authority of section 104(d) of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 5321(d) ), the Committee shall prescribe regulations to provide that an employee of the office of a Member of the House of Representatives who is covered by an agreement entered into under paragraph
(1)between the Member and an eligible Congressional Member Organization shall be considered a shared employee of the Member’s office and the Organization for purposes of such section, and shall include in such regulations appropriate accounting standards to ensure that a Member of the House of Representatives who enters into an agreement with such an Organization under paragraph
(1)does not employ more employees than the Member is authorized to employ under such section. Pursuant to the authority of section 105(b) of the Legislative Branch Appropriations Act, 2003 ( 2 U.S.C. 4536(b) ), relating to the student loan repayment program for employees of the House, the Committee shall promulgate regulations to provide that, in the case of an employee who is covered by an agreement entered into under paragraph
(1)between a Member of the House of Representatives and an eligible Congressional Member Organization and who participates in such program while carrying out duties under the agreement— any funds made available for making payments under the program with respect to the employee shall be transferred to the Organization’s dedicated account under paragraph (1)(B); and the Organization shall use the funds to repay a student loan taken out by the employee, under the same terms and conditions which would apply under the program if the Organization were the employing office of the employee. The Committee shall prescribe regulations to ensure that an eligible Congressional Member Organization has appropriate access to services of the House. The Committee shall promulgate such other regulations as may be appropriate to carry out this subsection. In this subsection, the term eligible Congressional Member Organization means, with respect to the One Hundred Eighteenth Congress, an organization meeting each of the following requirements: The organization is registered as a Congressional Member Organization with the Committee on House Administration. The organization designates a single Member of the House of Representatives to be responsible for the administration of the organization, including the administration of the account administered under paragraph (1)(B), and includes the identification of such Member with the statement of organization that the organization files and maintains with the Committee on House Administration. At least 3 employees of the House are assigned to perform some work for the organization. During the One Hundred Seventeenth Congress, at least 30 Members of the House of Representatives used a portion of the Members’ Representational Allowance of the Member for the salary and related expenses of an employee who was a shared employee of the Member’s office and the organization. The organization files a statement with the Committee on House Administration and the Chief Administrative Officer of the House of Representatives certifying that it will administer an account in accordance with paragraph (1)(B). During the One Hundred Eighteenth Congress, not later than 2 legislative days after a measure is placed on the Consensus Calendar pursuant to clause 7(c) of rule XV, the Majority Leader shall, in the case such measure is not in compliance with any legislative protocols of the Majority Leader, submit to the Congressional Record a determination with respect to such noncompliance. Any committee designated by the Speaker pursuant to section 7(b)(1) of House Resolution 503, One Hundred Seventeenth Congress, is directed to transfer any records obtained pursuant to such designation to the Committee on House Administration, not later than January 17, 2023. The Archivist is directed to transfer any noncurrent records of a committee designated by the Speaker pursuant to section 7(b)(1) of House Resolution 503, One Hundred Seventeenth Congress, and related to the select committee established pursuant to such resolution which have been archived pursuant to rule VII to the Committee on House Administration not later than January 17, 2023. Any records transferred or withdrawn pursuant to this subsection shall become the records of the Committee on House Administration. On any legislative day of the One Hundred Eighteenth Congress occurring during a district work period as designated by the Speaker— the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment. The Speaker may appoint Members to perform the duties of the Chair for the duration of a district work period described in paragraph
(1)as though under clause 8(a) of rule I. Each day during a district work period described in paragraph
(1)shall not constitute— a calendar day for purposes of section 7 of the War Powers Resolution ( 50 U.S.C. 1546 ); a legislative day for purposes of clause 7 of rule XIII; a calendar or legislative day for purposes of clause 7(c)(1) of rule XXII; or a legislative day for purposes of clause 7 of rule XV. During the first session of the One Hundred Eighteenth Congress, it shall not be in order to report an appropriation in a general appropriation bill, for an expenditure not previously authorized by law, in excess of the most recent level at which an appropriation for such expenditure has been enacted into law. If a point of order under paragraph
(1)is sustained, an amendment shall be considered to have been adopted in the House and in the Committee of the Whole reducing the amount of such appropriation to the most recent level at which such appropriation has been enacted in law. The Chair shall not entertain a point of order under paragraph
(1)unless any levels described in paragraph
(2)have been submitted to the Chair. In the One Hundred Eighteenth 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.
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- 50 USC 1545–46
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