IV
118th CONGRESS
1st Session
H. RES. __
IN THE HOUSE OF REPRESENTATIVES
M_. ______ submitted the following resolution; which was referred to the Committee on _______________
RESOLUTION
Adopting the Rules of the House of Representatives for the One Hundred Eighteenth Congress, and for other purposes.
Adoption of the rules of the One Hundred Seventeenth Congress
The Rules of the House of Representatives of the One Hundred Seventeenth Congress, including applicable provisions of law or concurrent resolution that constituted rules of the House at the end of the One Hundred Seventeenth Congress, are adopted as the Rules of the House of Representatives of the One Hundred Eighteenth Congress, with amendments to the standing rules as provided in section 2, and with other orders as provided in this resolution.
Changes to the standing rules
Initiatives to reduce spending and improve accountability
Cut-as-you-go
In rule XXI, amend clause 10 to read as follows:
Except as provided in paragraphs (b) and (c), it shall not be in order to consider a bill or joint resolution, or an amendment thereto or a conference report thereon, if the provisions of such measure have the net effect of increasing mandatory spending for the period of either—
the current year, the budget year, and the four fiscal years following that budget year; or
the current year, the budget year, and the nine fiscal years following that budget year.
For purposes of this clause, the terms budget year and current year have the meanings specified in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985, and the term ‘mandatory spending’ has the meaning of ‘direct spending’ specified in such section 250 except that such term shall also include provisions in appropriation Acts that make outyear modifications to substantive law as described in section 3(4)(C) of the Statutory Pay-As-You-Go Act of 2010.
If a bill or joint resolution, or an amendment thereto, is considered pursuant to a special order of the House directing the Clerk to add as new matter at the end of such bill or joint resolution the entire text of a separate measure or measures as passed by the House, the new matter proposed to be added shall be included in the evaluation under paragraph (a) of the bill, joint resolution, or amendment.
Except as provided in subparagraph (2), the evaluation under paragraph (a) shall exclude a provision expressly designated as an emergency for the Statutory Pay-As-You-Go Act of 2010, in the case of a point of order under this clause against consideration of—
a bill or joint resolution;
an amendment made in order as original text by a special order of business;
a conference report; or
an amendment between the Houses.
In the case of an amendment (other than one specified in subparagraph (1)) to a bill or joint resolution, the evaluation under paragraph (a) shall give no cognizance to any designation of emergency.
.
Requiring a vote on raising the debt limit
Amend rule XXVIII to read as follows:
(Reserved.)
.
Point of order against amendments to appropriations bills increasing budget authority
In clause 2 of rule XXI, add at the end the following new paragraph:
An amendment to a general appropriation bill shall not be in order if proposing a net increase in the level of budget authority in the bill.
.
Limitations on increases in direct spending in reconciliation initiatives
In rule XXI, amend clause 7 to read as follows:
It shall not be in order to consider a concurrent resolution on the budget, or an amendment thereto, or a conference report thereon that contains reconciliation directives under section 310 of the Congressional Budget Act of 1974 that specify changes in law such that the reconciliation legislation reported pursuant to such directives would cause an increase in net direct spending (as such term is defined in clause 10) for the period covered by such concurrent resolution.
.
Increased threshold for tax rate increases
Vote required for passage
In clause 5 of rule XXI—
redesignate paragraph (b) as paragraph (c); and
insert after paragraph (a) the following new paragraph:
Passage of tax rate increases
(b)A bill or joint resolution, amendment, or conference report carrying a Federal income tax rate increase may not be considered as passed or agreed to unless so determined by a vote of not less than three-fifths of the Members voting, a quorum being present. In this paragraph, the term Federal income tax rate increase means any amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to section 11(b) or 55(b), of the Internal Revenue Code of 1986, that imposes a new percentage as a rate of tax and thereby increases the amount of tax imposed by any such section.
.
Conforming amendment
In clause 10 of rule XX, strike appropriations,
and insert appropriations or increasing Federal income tax rates (within the meaning of clause 5 of rule XXI),
.
Two-minute votes
In clause 9 of rule XX—
in the heading, strike Five-minute
and insert Two-minute
;
in paragraph (a), strike five minutes
and insert not less than two minutes
; and
in paragraph (b), strike five-minute voting
and insert reduced voting times
.
Modifications to calendar Wednesday
In clause 6(a) of rule XV, strike on the preceding legislative day
and insert at least 72 hours in advance
.
Committee authorization and oversight plans
Plans
In rule X, amend clause 2(d) to read as follows:
Not later than March 1 of the first session of a Congress, each standing committee (other than the Committee on Appropriations, the Committee on Ethics, and the Committee on Rules) shall, in a meeting that is open to the public, adopt its authorization and oversight plan for that Congress. Such plan shall be submitted simultaneously to the Committee on Oversight and Accountability and the Committee on House Administration.
Each such plan shall include, with respect to programs and agencies within the committee’s jurisdiction, and to the maximum extent practicable—
a list of such programs or agencies with lapsed authorizations that received funding in the prior fiscal year or, in the case of a program or agency with a permanent authorization, which has not been subject to a comprehensive review by the committee in the prior three Congresses;
a description of each such program or agency to be authorized in the current Congress;
a description of each such program or agency to be authorized in the next Congress, if applicable;
a description of any oversight to support the authorization of each such program or agency in the current Congress; and
recommendations for changes to existing law for moving such programs or agencies from mandatory funding to discretionary appropriations, where appropriate.
Each such plan may include, with respect to the programs and agencies within the committee’s jurisdiction—
recommendations for the consolidation or termination of such programs or agencies that are duplicative, unnecessary, or inconsistent with the appropriate roles and responsibilities of the Federal Government;
recommendations for changes to existing law related to Federal rules, regulations, statutes, and court decisions affecting such programs and agencies that are inconsistent with the authorities of the Congress under Article I of the Constitution; and
a description of such other oversight activities as the committee may consider necessary.
In the development of such plan, the chair of each committee shall coordinate with other committees of jurisdiction to ensure that programs and agencies are subject to routine, comprehensive authorization efforts.
Not later than April 15 in the first session of a Congress, after consultation with the Speaker, the Majority Leader, and the Minority Leader, the Committee on Oversight and Accountability shall report to the House the authorization and oversight plans submitted by committees under subparagraph (1) together with any recommendations that it, or the House leadership group described above, may make to ensure the most effective coordination of authorization and oversight plans and otherwise to achieve the objectives of this clause.
.
Conforming amendments
In clause 1(d)(2) of rule XI—
in subdivision (B), strike oversight plans
and insert authorization and oversight plans
; and
in subdivision (C), strike oversight plans
and insert authorization and oversight plans
.
Cost estimates for major legislation to include macroeconomic effects
In rule XIII, add at the end the following new clause:
Estimates of major legislation
8.An estimate provided by the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 for any major legislation shall, to the extent practicable, incorporate the budgetary effects of changes in economic output, employment, capital stock, and other macroeconomic variables resulting from such legislation.
An estimate provided by the Joint Committee on Taxation to the Director of the Congressional Budget Office under section 201(f) of the Congressional Budget Act of 1974 for any major legislation shall, to the extent practicable, incorporate the budgetary effects of changes in economic output, employment, capital stock, and other macroeconomic variables resulting from such legislation.
An estimate referred to in this clause shall, to the extent practicable, include—
a qualitative assessment of the budgetary effects (including macroeconomic variables described in paragraphs (a) and (b)) of such legislation in the 20-fiscal year period beginning after the last fiscal year of the most recently agreed to concurrent resolution on the budget that set forth appropriate levels required by section 301 of the Congressional Budget Act of 1974; and
an identification of the critical assumptions and the source of data underlying that estimate.
As used in this clause—
the term major legislation means any bill or joint resolution—
for which an estimate is required to be prepared pursuant to section 402 of the Congressional Budget Act of 1974 and that causes a gross budgetary effect (before incorporating macroeconomic effects) in any fiscal year over the years of the most recently agreed to concurrent resolution on the budget equal to or greater than 0.25 percent of the current projected gross domestic product of the United States for that fiscal year; or
designated as such by the chair of the Committee on the Budget for all direct spending legislation other than revenue legislation or the Member who is chair or vice chair, as applicable, of the Joint Committee on Taxation for revenue legislation; and
the term budgetary effects means changes in revenues, outlays, and deficits.
.
Ethics reform
In clause 3(r) of rule XI—
strike (r) Upon receipt
and insert (r)(1) Upon receipt
; and
add at the end the following new subparagraph:
In addition to receiving written notifications from the Office of Congressional Ethics under subparagraph (1), the committee shall adopt rules providing for a process to receive from the public outside information offered as a complaint. The process shall include the establishment of a method for the submission of such information to the committee in electronic form.
.
Empaneling investigative subcommittee of Committee on Ethics
In clause 3(b) of rule XI, add at the end the following:
Whenever a Member, Delegate, or the Resident Commissioner is indicted or otherwise formally charged with criminal conduct in a court of the United States or any State, the Committee on Ethics shall, not later than 30 days after the date of such indictment or charge—
empanel an investigative subcommittee to review the allegations; or
submit a report to the House describing its reasons for not empaneling such an investigative subcommittee, together with the actions, if any, the committee has taken in response to the allegations.
.
Treatment of evidence in committee and subcommittee investigations
In clause 3(p) of rule XI—
in subparagraph (5)(C), strike the semicolon at the end and insert ; or
;
in subparagraph (5)(D), strike or
at the end;
strike subparagraph (5)(E);
in subparagraph (7), strike the semicolon at the end and insert ; and
;
in subparagraph (8), strike ; and
and insert a period; and
strike subparagraph (9).
Designating Committee on Oversight and Accountability
In the standing rules, strike Committee on Oversight and Reform
each place it appears and insert (in each instance) Committee on Oversight and Accountability
.
Designating Committee on Education and the Workforce
In rule X—
in clause 1(e), strike Committee on Education and Labor
and insert Committee on Education and the Workforce
; and
in clause 3(d), strike Committee on Education and Labor
and insert Committee on Education and the Workforce
.
Subcommittees of Committee on Agriculture
In clause 5(d)(2) of rule X—
redesignate subdivisions (B) through (F) as subdivisions (C) through (G), respectively; and
insert after subdivision (A) the following new subdivision:
The Committee on Agriculture may have not more than six subcommittees.
.
Cybersecurity
In clause 1(j)(3) of rule X, add at the end the following:
Cybersecurity.
.
Scope of authority to act in continuing litigation matters
In clause 8(c) of rule II, strike , including, but not limited to, the issuance of subpoenas,
.
Record votes on measures reported by the Committee on Rules
In clause 3(b) of rule XIII, strike , and applies only to the maximum extent practicable to a report by the Committee on Rules on a rule, joint rule, or the order of business
.
Access to Hall of the House
In clause 2(a)(14) of rule IV, strike and of the Territories and the Mayor of the District of Columbia
.
Resolution declaring the Office of Speaker vacant
In clause 2(a) of rule IX, strike subparagraph (3).
Separate orders
Holman rule
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.
Restoring legislative branch accountability
The regulations adopted pursuant to House Resolution 1096, One Hundred Seventeenth Congress, shall have no force or effect during the One Hundred Eighteenth Congress.
Requirement with respect to single-subject bills
In general
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.
Effective date
This subsection shall become effective on February 1, 2023.
Transition
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.
Question of consideration for germaneness
In general
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.
Disposition of point of order
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.
Budget matters
Interim enforcement of allocations, aggregates, and other appropriate levels pending adoption of concurrent resolution on the budget
In general
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.
Revisions by chair of Committee on the Budget in certain cases
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.
Authority for interim enforcement prior to election of chair of Committee on the Budget
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).
Exemption
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.
Long term spending point of order
Congressional Budget Office analysis of proposals
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.
Point of order
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).
Determinations of budget levels
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.
Analysis of inflationary impact for certain legislation
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.
Content of CBO analysis for certain legislation affecting the Federal Hospital Insurance Trust Fund or the Old-Age, Survivors, and Disability Insurance Trust Fund
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.
Spending reduction amendments in appropriations bills
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
.
Scoring conveyances of Federal land
In general
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.
Definitions
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.
Member day hearing requirement
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.
Information to committees of Congress on request
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.
Remote appearance of witnesses
In general
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.
Applicability
This subsection shall apply only to witnesses appearing in a non-governmental capacity.
Deposition authority
In general
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.
Regulations
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.
Persons permitted to attend depositions
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.
Broadening availability and utility of legislative documents in machine-readable formats
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.
Improving the Committee electronic document repository
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.
Providing for transparency with respect to memorials submitted pursuant to Article V of the Constitution of the United States
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.
War Powers resolution
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.
Further expenses for resolving contested elections
Amounts for expenses of Committee on House Administration
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.
Session limitation
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.
Vouchers
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.
Regulations
Amounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration.
Ethics reform
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.
Exercise facilities for former Members
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.
Non-disclosure agreements
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).
Mandatory anti-harassment and anti-discrimination policies for House offices
Requiring offices to adopt policy
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.
Regulations
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.
Displaying statement of rights and protections provided to House employees
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.
Requiring Members to pay for discrimination settlements
In general
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.
Violations described
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).
Congressional Member Organization transparency reform
Payment of salaries and expenses through account of organization
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).
Regulations
The Committee on House Administration (hereafter referred to in this subsection as the Committee
) shall promulgate regulations as follows:
Use of MRA
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.
Maintenance of limitations on number of shared employees
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.
Participation in student loan repayment program
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.
Access to House services
The Committee shall prescribe regulations to ensure that an eligible Congressional Member Organization has appropriate access to services of the House.
Other regulations
The Committee shall promulgate such other regulations as may be appropriate to carry out this subsection.
Eligible congressional member organization defined
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).
Determination with respect to placement of measure on Consensus Calendar
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.
Transfer of certain committee records to Committee on House Administration
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.
Procedures during district work periods
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.
Reduction of unauthorized spending
In general
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.
Adoption of amendment to reduce appropriation
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.
Requirement to entertain point of order
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.
Numbering of bills
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.
Committees, commissions, and House offices
Select Subcommittee on the Coronavirus Pandemic
Establishment; composition
Establishment
There is hereby established for the One Hundred Eighteenth Congress a select investigative subcommittee of the Committee on Oversight and Accountability called the Select Subcommittee on the Coronavirus Pandemic (hereinafter referred to as the select subcommittee
).
Composition
The select subcommittee shall be composed of not more than 12 Members, Delegates, or the Resident Commissioner appointed by the Speaker, of whom not more than 5 shall be appointed in consultation with the Minority Leader. The Speaker shall designate one member of the select subcommittee as its chair. Any vacancy in the select subcommittee shall be filled in the same manner as the original appointment.
The chair and ranking minority member of the Committee on Oversight and Accountability shall be ex officio members of the select subcommittee but shall have no vote in the select subcommittee and may not be counted for purposes of determining a quorum.
Each member appointed to the select subcommittee shall be treated as though a member of the Committee on Oversight and Accountability for purposes of the select subcommittee.
Investigative functions and authority
Investigative functions
The select subcommittee is authorized and directed to conduct a full and complete investigation and study and, not later than January 2, 2025, issue a final report to the House of its findings (and such interim reports as it may deem necessary) regarding—
the origins of the Coronavirus pandemic, including but not limited to the Federal Government’s funding of gain-of-function research;
the efficiency, effectiveness, and transparency of the use of taxpayer funds and relief programs to address the coronavirus pandemic, including any reports of waste, fraud, or abuse;
the implementation or effectiveness of any Federal law or regulation applied, enacted, or under consideration to address the coronavirus pandemic and prepare for future pandemics;
the development of vaccines and treatments, and the development and implementation of vaccination policies for Federal employees and members of the armed forces;
the economic impact of the coronavirus pandemic and associated government response on individuals, communities, small businesses, health care providers, States, and local government entities;
the societal impact of decisions to close schools, how the decisions were made and whether there is evidence of widespread learning loss or other negative effects as a result of these decisions;
executive branch policies, deliberations, decisions, activities, and internal and external communications related to the coronavirus pandemic;
the protection of whistleblowers who provide information about waste, fraud, abuse, or other improper activities related to the coronavirus pandemic; and
cooperation by the executive branch and others with Congress, the Inspectors General, the Government Accountability Office, and others in connection with oversight of the preparedness for and response to the coronavirus pandemic.
Authority
The select subcommittee may report to the House or any committee of the House from time to time the results of its investigations and studies, together with such detailed findings and legislative recommendations as it may deem advisable.
The select subcommittee may not hold a markup of legislation.
Procedure
Rule XI and the rules of the Committee on Oversight and Accountability shall apply to the select subcommittee in the same manner as a subcommittee except as follows:
The chair of the select subcommittee may, after consultation with the ranking minority member, recognize—
members of the select subcommittee to question a witness for periods longer than five minutes as though pursuant to clause 2(j)(2)(B) of such rule XI; and
staff of the select subcommittee to question a witness as though pursuant to clause 2(j)(2)(C) of such rule XI.
The select subcommittee may not authorize and issue subpoenas, but the Committee on Oversight and Accountability (or the chair of the Committee on Oversight and Accountability, if acting in accordance with clause 2(m)(3)(A)(i) of rule XI) may authorize and issue subpoenas to be returned at the select subcommittee.
The provisions of this resolution shall govern the proceedings of the select subcommittee in the event of any conflict with the rules of the House or of the Committee on Oversight and Accountability.
Service
Service on the select subcommittee shall not count against the limitations in clause 5(b)(2)(A) of rule X.
Successor
The Committee on Oversight and Accountability is the successor in interest
to the select subcommittee for purposes of clause 8(c) of rule II.
Sunset
The select subcommittee shall cease to exist 30 days after filing the final report required under paragraph (2).
House Democracy Partnership
House Resolution 24, One Hundred Tenth Congress, shall apply in the One Hundred Eighteenth Congress in the same manner as such resolution applied in the One Hundred Tenth Congress, except that the commission concerned shall be known as the House Democracy Partnership.
Tom Lantos Human Rights Commission
Sections 1 through 7 of House Resolution 1451, One Hundred Tenth Congress, shall apply in the One Hundred Eighteenth Congress in the same manner as such provisions applied in the One Hundred Tenth Congress, except that—
the Tom Lantos Human Rights Commission may, in addition to collaborating closely with other professional staff members of the Committee on Foreign Affairs, collaborate closely with professional staff members of other relevant committees;
the resources of the Committee on Foreign Affairs which the Commission may use shall include all resources which the Committee is authorized to obtain from other offices of the House of Representatives; and
any amounts authorized to provide full-time professional staff and resources to the Tom Lantos Human Rights Commission shall be in addition to and separate from the amounts authorized for salaries and expenses of the Committee on Foreign Affairs as provided by resolution of the House, shall be administered by the Committee on Foreign Affairs, and shall be distributed equally between the co-chairs of the Commission.
Office of Congressional Ethics
Section 1 of House Resolution 895, One Hundred Tenth Congress, shall apply in the One Hundred Eighteenth Congress in the same manner as such provision applied in the One Hundred Tenth Congress, except that—
the Office of Congressional Ethics shall be treated as a standing committee of the House for purposes of section 202(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4301(i));
references to the Committee on Standards of Official Conduct shall be construed as references to the Committee on Ethics;
any requirement for concurrence in section 1(b)(1) shall be construed as a requirement for consultation;
any individual who is the subject of a preliminary review or second-phase review by the board shall be informed of the right to be represented by counsel and invoking that right should not be held negatively against such individual;
the Office may not take any action that would deny any person any right or protection provided under the Constitution of the United States;
any member of the board currently serving a term in excess of the limitations of section 1(b)(6) of such resolution shall be considered as removed from the board; and
the provision regarding appointment and compensation of staff shall require an affirmative vote of at least 4 members of the board not later than 30 calendar days after the date of the adoption of this resolution.
Orders of business
At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the State of the Union for consideration of the bill (H.R. 21) to provide for the development of a plan to increase oil and gas production under oil and gas leases of Federal lands under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense in conjunction with a drawdown of petroleum reserves from the Strategic Petroleum Reserve. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. No amendment shall be in order except: (1) those amendments to the bill received for printing in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII dated at least one day before the day of consideration of the amendment; and (2) up to 20 pro forma amendments for the purpose of debate, 10 of which may be offered by the Majority Leader or a designee and 10 of which may be offered by the Minority Leader or a designee. Each amendment so received may be offered only by the Member who caused it to be printed or a designee and shall be considered as read if printed. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit.
Upon adoption of this resolution it shall be in order to consider in the House any bill specified in subsection (c). All points of order against consideration of each such bill are waived. Each such bill shall be considered as read. All points of order against provisions in each such bill are waived. The previous question shall be considered as ordered on each such bill and on any amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees; and (2) one motion to recommit.
The bills referred to in subsection (b) are as follows:
The bill (H.R. 23) to rescind certain balances made available to the Internal Revenue Service.
The bill (H.R. 29) to authorize the Secretary of Homeland Security to suspend the entry of aliens, and for other purposes.
The bill (H.R. 22) to prohibit the Secretary of Energy from sending petroleum products from the Strategic Petroleum Reserve to China, and for other purposes.
The bill (H.R. 27) to amend the Omnibus Crime Control and Safe Streets Act to direct district attorney and prosecutors offices to report to the Attorney General, and for other purposes.
The bill (H.R. 28) to require the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and the relevant State and local law enforcement agencies whenever the information available to the system indicates that a person illegally or unlawfully in the United States may be attempting to receive a firearm.
The bill (H.R. 7) to prohibit taxpayer funded abortions.
The bill (H.R. 26) to amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.
Upon adoption of this resolution it shall be in order without intervention of any point of order to consider in the House any resolution specified in subsection (e). Each such resolution shall be considered as read. The previous question shall be considered as ordered on each such resolution to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
The resolutions referred to in subsection (d) are as follows:
The resolution (H. Res. 11) establishing the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party.
The resolution (H. Res. __) establishing a Select Subcommittee on the Weaponization of the Federal Government as a select investigative subcommittee of the Committee on the Judiciary.
Upon adoption of this resolution it shall be in order to consider in the House the concurrent resolution (H. Con. Res. 4) expressing support for the Nation’s law enforcement agencies and condemning any efforts to defund or dismantle law enforcement agencies. All points of order against consideration of the concurrent resolution are waived. The concurrent resolution shall be considered as read. All points of order against provisions in the concurrent resolution are waived. The previous question shall be considered as ordered on the concurrent resolution and preamble to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
Upon adoption of this resolution it shall be in order to consider in the House the concurrent resolution (H. Con. Res. 3) expressing the sense of Congress condemning the recent attacks on prolife facilities, groups, and churches. All points of order against consideration of the concurrent resolution are waived. The concurrent resolution shall be considered as read. All points of order against provisions in the concurrent resolution are waived. The previous question shall be considered as ordered on the concurrent resolution and preamble to adoption without intervening motion or demand for division of the question except one hour of debate equally divided and controlled by the Majority Leader and the Minority Leader or their respective designees.
The Speaker may recognize a Member for the reading of the Constitution on any legislative day through February 28, 2023.
