[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 6 Engrossed in House (EH)]
<DOC>
H. Res. 6
In the House of Representatives, U. S.,
January 9, 2019.
Resolved,
TITLE I--RULES OF THE ONE HUNDRED SIXTEENTH CONGRESS
SEC. 101. ADOPTION OF THE RULES OF THE ONE HUNDRED FIFTEENTH CONGRESS.
The Rules of the House of Representatives of the One Hundred Fifteenth
Congress, including applicable provisions of law or concurrent resolution that
constituted rules of the House at the end of the One Hundred Fifteenth Congress,
are adopted as the Rules of the House of Representatives of the One Hundred
Sixteenth Congress, with amendments to the standing rules as provided in section
102, and with other orders as provided in this resolution.
SEC. 102. CHANGES TO THE STANDING RULES.
(a) Notification of Convening of the House.--In clause 12 of rule I, insert
``, Delegates, and the Resident Commissioner'' after ``Members'' each place it
appears.
(b) Voting by Delegates and the Resident Commissioner in the Committee of
the Whole.--
(1) In clause 3(a) of rule III, insert ``In a Committee of the Whole
House on the State of the Union, each Delegate and the Resident
Commissioner shall possess the same powers and privileges as Members of
the House.'' before ``Each Delegate''.
(2) In clause 6 of rule XVIII, add at the end the following new
paragraph:
``(h) Whenever a recorded vote on any question has been decided by a margin
within which the votes cast by the Delegates and the Resident Commissioner have
been decisive, the Committee of the Whole shall rise and the Speaker shall put
such question de novo without intervening motion. Upon the announcement of the
vote on that question, the Committee of the Whole shall resume its sitting
without intervening motion.''.
(c) Allowing Delegates and the Resident Commissioner to Serve on Joint
Committees.--In clause 3(b) of rule III, strike ``and to any'' and insert ``,
joint committee, or''.
(d) Admittance to the Hall of the House.--In clause 2(a) of rule IV--
(1) strike subparagraphs (1) and (2) and insert the following:
``(1) Members of Congress, Members-elect, Delegates, Delegates-
elect, the Resident Commissioner, and the Resident Commissioner-elect.
``(2) Contestants in election cases during the pendency of their
cases on the floor.''; and
(2) in subparagraph (14), insert ``and of the Territories'' after
``States''.
(e) Office of Speaker.--In clause 2(a) of rule IX, add the following new
subparagraph:
``(3) A resolution causing a vacancy in the Office of Speaker shall not be
privileged except if offered by direction of a party caucus or conference.''.
(f) Designating Committee on Oversight and Reform.--In the standing rules,
strike ``Committee on Oversight and Government Reform'' each place it appears
and insert (in each instance) ``Committee on Oversight and Reform''.
(g) Designating Committee on Education and Labor.--
(1) In clause 1(e) of rule X, strike ``the Workforce'' and insert
``Labor''.
(2) In clause 3(d) of rule X, strike ``the Workforce'' and insert
``Labor''.
(h) Education and Labor Jurisdiction Clarification.--In clause 1(e) of rule
X, add the following new subparagraphs:
``(14) Organization, administration, and general management of the
Department of Education.
``(15) Organization, administration, and general management of the
Department of Labor.''.
(i) Committee Oversight Plans.--Amend clause 2(d) of rule X to read as
follows:
``(d)(1) Not later than March 1 of the first session of a Congress, the
chair of each standing committee (other than the Committee on Appropriations,
the Committee on Ethics, and the Committee on Rules) shall--
``(A) prepare, in consultation with the ranking minority member, an
oversight plan for that Congress;
``(B) provide a copy of that plan to each member of the committee
for at least seven calendar days before its submission; and
``(C) submit that plan (including any supplemental, minority,
additional, or dissenting views submitted by a member of the committee)
simultaneously to the Committee on Oversight and Reform and the
Committee on House Administration.
``(2) In developing the plan, the chair of each committee shall, to the
maximum extent feasible--
``(A) consult with other committees that have jurisdiction over the
same or related laws, programs, or agencies with the objective of
ensuring maximum coordination and cooperation among committees when
conducting reviews of such laws, programs, or agencies and include in
the plan an explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
``(B) review specific problems with Federal rules, regulations,
statutes, and court decisions that are ambiguous, arbitrary, or
nonsensical, or that impose severe financial burdens on individuals;
``(C) give priority consideration to including in the plan the
review of those laws, programs, or agencies operating under permanent
budget authority or permanent statutory authority;
``(D) have a view toward ensuring that all significant laws,
programs, or agencies within the committee's jurisdiction are subject to
review every 10 years; and
``(E) have a view toward insuring against duplication of Federal
programs.
``(3) 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 Reform shall report to the House the oversight plans
submitted 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 oversight plans and otherwise to achieve the
objectives of this clause.''.
(j) Activity Reports.--
(1) In clause 1(d)(2)(B) of rule XI, strike ``authorization and''.
(2) In clause 1(d)(2)(C) of rule XI, strike ``authorization and''.
(k) Oversight Over the Executive Office of the President.--In clause 3(i) of
rule X, strike ``with a view to determining their economy and efficiency'' and
insert ``, including the Executive Office of the President''.
(l) Oversight and Reform Committee Depositions.--In clause 4(c)(3)(B) of
rule X--
(1) in item (i), insert ``and'' after the semicolon;
(2) in item (ii), strike ``; and'' and insert ``.''; and
(3) strike item (iii).
(m) Removing Certain Committee Term Limits.--
(1) In clause 5(a)(2) of rule X--
(A) strike subdivisions (B) and (C); and
(B) in subdivision (A), strike ``(A)'' and redesignate items
(i), (ii), and (iii) as subdivisions (A), (B), and (C).
(2) In clause 5(c) of rule X--
(A) strike the designation of subparagraph (1); and
(B) strike subparagraph (2).
(n) Rules of Committees.--In clause 2(a)(2) of rule XI, strike ``30'' and
insert ``60''.
(o) Committee Markup Notice.--In clause 2(g)(3)(A)(ii) of rule XI, strike
``third day'' and insert ``third calendar day (excluding Saturdays, Sundays, or
legal holidays except when the House is in session on such a day)''.
(p) Annual Ethics Training.--In clause 3(a)(6)(B)(ii) of rule XI--
(1) strike "officer and employee" and insert "Member, Delegate,
Resident Commissioner, officer, and employee"; and
(2) strike "officer or employee" and insert "Member, Delegate,
Resident Commissioner, officer, or employee".
(q) Considering Criminal Trial Evidence in Ethics Investigation.--In clause
3(p) of rule XI--
(1) in subparagraph (5)(C), strike ``first; or'' and insert
``first;'';
(2) in subparagraph (5)(D), strike ``investigation;'' and insert
``investigation; or'';
(3) in subparagraph (5), add at the end the following new
subdivision:
``(E) the committee or an investigative subcommittee
determines to take into evidence the trial transcript or
exhibits admitted into evidence at a criminal trial
pursuant to subparagraph (9);'';
(4) in subparagraph (7), strike ``; and'' and insert a semicolon;
(5) in subparagraph (8), strike the period and insert ``; and''; and
(6) add at the end the following new subparagraph:
``(9) in any investigation permitted by House or committee
rules, in addition to any other evidence which the committee or
an investigative subcommittee may consider, if the respondent
has been convicted by a court of record for a crime which is
related to the subject of the investigation, the committee or
investigative subcommittee may take into evidence the trial
transcript and all exhibits admitted into evidence at the
trial.''.
(r) Consensus Calendar.--
(1) In clause 1 of rule XIII, add at the end the following new
paragraph:
``(c) There is established a Consensus Calendar as provided in clause 7 of
rule XV.''.
(2) In rule XV, add at the end the following new clause:
``Consensus Calendar
``7.(a)(1) At least once during any week in which the House convenes, the
House shall consider a measure on the Consensus Calendar as designated by the
Speaker.
``(2) This paragraph does not apply before March 1 of an odd-numbered year
or after September 30 of an even-numbered year.
``(b)(1) The sponsor of a measure that has accumulated 290 cosponsors and
has not been reported by the committee of primary jurisdiction may present to
the Clerk a motion in writing to place that measure on the Consensus Calendar.
``(2) A proper motion presented under subparagraph (1) shall be placed in
the custody of the Clerk, and shall appear in a portion of the Congressional
Record designated for that purpose. The Clerk shall maintain a cumulative list
of such motions, and shall make such list publicly available in electronic form.
``(3) A motion presented under subparagraph (1) shall be considered as
withdrawn if the measure is reported by the committee of primary jurisdiction
prior to its placement on the Consensus Calendar.
``(c) After a measure has maintained at least 290 cosponsors for a
cumulative period of 25 legislative days after the presentation of a motion
under paragraph (b)(1), the measure shall be placed on the Consensus Calendar.
Such measure shall remain on the Consensus Calendar until it is--
``(1) considered in the House; or
``(2) reported by the committee of primary jurisdiction.''.
(s) Recorded Votes in Rules Committee Reports.--In clause 3(b) of rule XIII,
insert ``, 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'' after
``Ethics''.
(t) 72-Hour Text Availability.--
(1) In clause 4(a)(1) of rule XIII--
(A) strike ``the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such a day) on which each report'' and insert ``the proposed
text of each report (except views referred to in clause 2(l) of
rule XI)''; and
(B) insert ``for 72 hours'' after ``Resident Commissioner''.
(2) In clause 11 of rule XXI--
(A) strike ``the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such a day) on which''; and
(B) insert ``for 72 hours'' after ``Resident Commissioner''.
(3) In clause 8(a)(1)(A) of rule XXII--
(A) strike ``the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such a day) on which''; and
(B) insert ``for 72 hours'' after ``Resident Commissioner''.
(4) In clause 8(b)(1)(A) of rule XXII--
(A) strike ``the third calendar day (excluding Saturdays,
Sundays, or legal holidays except when the House is in session
on such a day) on which''; and
(B) insert ``for 72 hours'' after ``Resident Commissioner''.
(u) Macroeconomic Analysis.--In rule XIII, strike clause 8.
(v) Discharge Petitions.--
(1) In clause 2 of rule XV--
(A) strike ``Discharge motions, second and fourth Mondays''
and insert ``Discharge motions'';
(B) strike paragraph (a) and redesignate the subsequent
paragraphs accordingly;
(C) in paragraph (b) (as so redesignated), strike
``paragraph (b)'' and insert ``paragraph (a)''; and
(D) in paragraph (c)(1) (as so redesignated), strike the
first sentence and insert the following: ``A motion to discharge
that has been on the calendar for at least seven legislative
days (except during the last six days of a session of Congress)
shall be privileged only at a time or place, designated by the
Speaker, in the legislative schedule within two legislative days
after the day on which a Member whose signature appears thereon
announces to the House an intention to offer the motion.''.
(2) In clause 6(e) of rule XIII, strike ``on a day when it is in
order to consider a motion to discharge committees under clause 2 of
rule XV'' and insert ``on the second and fourth Mondays of a month''.
(3) In clause 3 of rule XV, strike ``on a day when it is in order to
consider a motion to discharge committees under clause 2'' and insert
``on the second and fourth Mondays of a month''.
(4) In clause 4 of rule XV, strike ``after the disposition of
motions to discharge committees and''.
(w) Private Calendar.--In clause 5 of rule XV--
(1) in the caption, strike ``, first and third Tuesdays''; and
(2) in paragraph (b)(1), amend the first sentence to read as
follows: ``On any day, after the disposal of such business on the
Speaker's table as requires reference only, the Speaker may direct the
Clerk to call any bill or resolution that has been on the Private
Calendar for at least seven days, but only on the second legislative day
after the legislative day on which the Speaker or a designee announces
to the House an intention to do so.''.
(x) Religious Headdress.--In clause 5 of rule XVII, insert ``non-religious
headdress or'' before ``a hat''.
(y) Quorum in the Committee of the Whole.--In clause 6 of rule XVIII--
(1) in paragraph (a), insert ``, Delegates, and the Resident
Commissioner'' after ``Members'';
(2) in paragraph (e), insert ``, Delegates, and the Resident
Commissioner'' after ``Members''; and
(3) in paragraph (g)(2), insert ``, Delegates, and the Resident
Commissioner'' after ``Members''.
(z) Two-minute Voting in the Committee of the Whole.--In clause 6 of rule
XVIII--
(1) in paragraph (f)--
(A) strike ``without any intervening business or debate'';
and
(B) after ``first pending amendment'' insert the following:
``, if in the discretion of the Chair Members, Delegates, and
the Resident Commissioner would be afforded an adequate
opportunity to vote''; and
(2) in paragraph (g)--
(A) in subparagraph (1), strike ``without intervening
business''; and
(B) in subparagraph (2), strike ``without intervening debate
or motion''.
(aa) Postponability of Certain Votes.--In clause 8(a)(2) of rule XX--
(1) redesignate subdivisions (G) through (J) as subdivisions (H)
through (K), respectively;
(2) insert after subdivision (F) the following new subdivision:
``(G) The question of agreeing to an amendment.'';
(3) in subdivision (H) (as redesignated), strike ``(F)'' and insert
``(G)''; and
(4) strike subdivision (K) (as redesignated).
(bb) Discretion for Five-minute Votes.--
(1) Strike clause 8(c) of rule XX (and redesignate the succeeding
paragraph accordingly).
(2) Amend clause 9 of rule XX to read as follows:
``9.(a) The Speaker may reduce to five minutes the minimum time for
electronic voting on any question that follows another electronic vote or a
report from the Committee of the Whole, if in the discretion of the Speaker
Members would be afforded an adequate opportunity to vote.
``(b) To the maximum extent practicable, notice of possible five-minute
voting for a given series of votes shall be issued prior to the first electronic
vote in the series.''.
(cc) Net Increase in Budget Authority.--In clause 2 of rule XXI, strike
paragraph (g).
(dd) Removing Supermajority Vote.--
(1) In clause 5 of rule XXI, strike paragraph (b) and redesignate
the subsequent paragraph accordingly.
(2) In clause 10 of rule XX, strike ``, or increasing Federal income
tax rates (within the meaning of clause 5 of rule XXI)''.
(3) In clause 5(a) of rule XXI, strike ``paragraph (1)'' and insert
``subparagraph (1)''.
(ee) Pay-As-You-Go Point Of Order.--In rule XXI, amend clause 10 to read as
follows:
``10.(a)(1) Except as provided in paragraphs (b) and (c), it shall not be in
order to consider any bill, joint resolution, amendment, or conference report if
the provisions of such measure affecting direct spending and revenues have the
net effect of increasing the deficit or reducing the surplus for either the
period comprising--
``(A) the current fiscal year, the budget year, and the four fiscal
years following that budget year; or
``(B) the current fiscal year, the budget year, and the nine fiscal
years following that budget year.
``(2) The effect of such measure on the deficit or surplus shall be
determined on the basis of estimates made by the Committee on the Budget
relative to baseline estimates supplied by the Congressional Budget Office
consistent with section 257 of the Balanced Budget and Emergency Deficit Control
Act of 1985.
``(b) If a bill, joint resolution, or amendment is considered pursuant to a
special order of the House directing the Clerk to add as new matter at the end
of such measure the provisions of a separate measure as passed by the House, the
provisions of such separate measure as passed by the House shall be included in
the evaluation under paragraph (a) of the bill, joint resolution, or amendment.
``(c)(1) Except as provided in subparagraph (2), the evaluation under
paragraph (a) shall exclude a provision expressly designated as an emergency for
purposes of pay-as-you-go principles in the case of a point of order under this
clause against consideration of--
``(A) a bill or joint resolution;
``(B) an amendment made in order as original text by a special order
of business;
``(C) a conference report; or
``(D) an amendment between the Houses.
``(2) 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.
``(3) If a bill, a 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 includes a provision expressly designated as an emergency for
purposes of pay-as-you-go principles, the Chair shall put the question of
consideration with respect thereto.
``(d) For the purpose 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 `direct spending' has the
meaning specified in such section 250 except that such term shall also include
provisions in appropriations 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.''.
(ff) Banning Discrimination on the Basis of Sexual Orientation or Gender
Identity.--In clause 9 of rule XXIII, insert ``sexual orientation, gender
identity,'' before ``disability''.
(gg) Banning Sexual Relationships Between Members and Committee Staff.--In
clause 18(a) of rule XXIII, strike ``Resident Commissioner.'' and insert
``Resident Commissioner, or who is an employee of a committee on which the
Member, Delegate, or Resident Commissioner serves.''.
(hh) Service of Indicted Members in Leadership and on Committees.--In clause
10 of rule XXIII--
(1) designate the existing sentence as paragraph (a); and
(2) insert at the end the following new paragraph:
``(b) A Member, Delegate, or Resident Commissioner who has been indicted for
or otherwise formally charged with criminal conduct in any Federal, State, or
local court punishable as a felony for which a sentence of two or more years'
imprisonment may be imposed should submit his or her resignation from any
standing, select, joint or ad hoc committee, and any subcommittee thereof, on
which he or she serves, and should step aside from any party caucus or
conference leadership position he or she holds, unless or until judicial or
executive proceedings result in acquittal or the charges are dismissed or
reduced to less than a felony as described in this paragraph.''.
(ii) Banning Members, Officers, and Employees From Sitting on Corporate
Boards.--Effective January 1, 2020, in rule XXIII--
(1) redesignate clause 19 as clause 20; and
(2) insert after clause 18 the following new clause:
``19.(a) A Member, Delegate, Resident Commissioner, officer, or employee of
the House may not serve as an officer or director of any public company.
``(b) In paragraph (a), the term `public company' means an issuer as defined
in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)--
``(1) the securities of which are required to be registered under
section 12 of such Act (15 U.S.C. 78l); or
``(2) that is required to file reports under section 15(d) of such
Act (15 U.S.C. 78o(d)).
``(c) Not later than December 31, 2019, the Committee on Ethics shall
develop regulations addressing other types of prohibited service or positions
that could lead to conflicts of interest.''.
(jj) Suspension of the Debt Limit.--Rule XXVIII is amended to read as
follows:
``RULE XXVIII
``Statutory Limit on the Public Debt
``1. Upon adoption by the House of a concurrent resolution on the budget
under section 301 or 304 of the Congressional Budget Act of 1974, the Clerk
shall prepare an engrossment of a joint resolution suspending the statutory
limit on the public debt in the form prescribed in clause 2. Upon engrossment of
the joint resolution, the vote by which the concurrent resolution on the budget
was adopted by the House shall also be considered as a vote on passage of the
joint resolution in the House, and the joint resolution shall be considered as
passed by the House and duly certified and examined. The engrossed copy shall be
signed by the Clerk and transmitted to the Senate for further legislative
action.
``2. The matter after the resolving clause in a joint resolution described
in clause 1 shall be as follows: `Section 3101(b) of title 31, United States
Code, shall not apply for the period beginning on the date of enactment and
ending on September 30, ____.' with the blank being filled with the budget year
for the concurrent resolution.
``3. Nothing in this rule shall be construed as limiting or otherwise
affecting--
``(a) the power of the House or the Senate to consider and pass bills or
joint resolutions, without regard to the procedures under clause 1, that would
change the statutory limit on the public debt; or
``(b) the rights of Members, Delegates, the Resident Commissioner, or
committees with respect to the introduction, consideration, and reporting of
such bills or joint resolutions.
``4. In this rule the term 'statutory limit on the public debt' means the
maximum face amount of obligations issued under authority of chapter 31 of title
31, United States Code, and obligations guaranteed as to principal and interest
by the United States (except such guaranteed obligations as may be held by the
Secretary of the Treasury), as determined under section 3101(b) of such title
after the application of section 3101(a) of such title, that may be outstanding
at any one time.''.
SEC. 103. SEPARATE ORDERS.
(a) Deposition Authority.--
(1) During the One Hundred Sixteenth 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.
(2) 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.
(b) 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--
(1) the chair of the Committee on the Judiciary shall, in the case
of 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
(2) 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.
(c) Limitation on Advance Appropriations.--
(1) Except as provided in paragraph (2), any general appropriation
bill or bill or joint resolution continuing appropriations, or amendment
thereto or conference report thereon, may not provide an advance
appropriation.
(2) An advance appropriation may be provided for programs,
activities or accounts identified in lists submitted for printing in the
Congressional Record by the chair of the Committee on the Budget (when
elected)--
(A) for fiscal year 2020, under the heading ``Accounts
Identified for Advance Appropriations'' in an aggregate amount
not to exceed $28,852,000,000 in new budget authority, and for
2021, accounts separately identified under the same heading; and
(B) for fiscal year 2020, under the heading ``Veterans
Accounts Identified for Advance Appropriations'' in an aggregate
amount not to exceed $75,550,600,000 in new budget authority.
(3) Definition.--The term ``advance appropriation'' means any new
discretionary budget authority provided in a general appropriation bill
or bill or joint resolution continuing appropriations for fiscal year
2019, or any amendment thereto or conference report thereon, that first
becomes available following fiscal year 2019.
(d) Exercise Facilities for Former Members.--During the One Hundred
Sixteenth Congress--
(1) 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.
(2) The Committee on House Administration shall promulgate
regulations to carry out this subsection.
(e) Numbering of Bills.--In the One Hundred Sixteenth 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.
(f) Inclusion of Citations for Proposed Repeals and Amendments.--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, in parentheses immediately following the designation of the
matter proposed to be repealed or amended, the applicable United States Code
citation (which may be a note in the United States Code), or, if no such
citation is available, an appropriate alternative citation to the applicable law
or part.
(g) Broadening Availability 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 of
legislative documents in machine readable formats in the One Hundred Sixteenth
Congress in furtherance of the institutional priority of improving public
availability and use of legislative information produced by the House and its
committees.
(h) Subcommittees.--Notwithstanding clause 5(d) of rule X, during the One
Hundred Sixteenth Congress--
(1) the Committee on Agriculture may have not more than six
subcommittees; and
(2) the Committee on Financial Services may have not more than seven
subcommittees.
(i) Requiring Committee Hearing and Markup on Bills and Joint Resolutions.--
(1) Effective March 1, 2019, during the One Hundred Sixteenth
Congress, it shall not be in order to consider a bill or joint
resolution pursuant to a special order of business reported by the
Committee on Rules that--
(A) has not been reported by a committee; or
(B) has been reported by a committee unless the report
includes a list of related committee and subcommittee hearings
and a designation of at least one committee or subcommittee
hearing that was used to develop or consider such bill or joint
resolution.
(2) This subsection shall not apply to a bill or joint resolution--
(A) continuing appropriations for a fiscal year;
(B) containing an emergency designation under section
251(b)(2) or section 252(e) of the Balanced Budget and Emergency
Deficit Control Act; or
(C) designated pursuant to clause 7(a) of rule XV.
(j) Member Day Hearing Requirement.--During the first session of the One
Hundred Sixteenth 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 Sixteenth Congress.
(k) Empaneling Investigative Subcommittee of the Committee on Ethics.--The
text of House Resolution 451, One Hundred Tenth Congress, shall apply in the One
Hundred Sixteenth Congress in the same manner as such provision applied in the
One Hundred Tenth Congress, except that references to the Committee on Standards
of Official Conduct shall be construed as references to the Committee on Ethics.
(l) War Powers Resolution.--During the One Hundred Sixteenth 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.
(m) Budget Matters.--During the first session of the One Hundred Sixteenth
Congress, pending the adoption of a concurrent resolution on the budget for
fiscal year 2019--
(1) the allocations, aggregates, and other appropriate levels as
contained in the statement of the chair of the Committee on the Budget
of the House of Representatives in the Congressional Record of May 10,
2018, as adjusted in the One Hundred Fifteenth Congress, 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
(2) the provisions of House Concurrent Resolution 71, One Hundred
Fifteenth Congress, specified in section 30104(f)(1) of the Bipartisan
Budget Act of 2018 shall have no force or effect except for sections
5201, 5202, 5203, and 5401 of such concurrent resolution.
(n) Legal Issues Related to the Patient Protection and Affordable Care
Act.--To protect the institutional interests of the House of Representatives,
the Speaker, on behalf of the House, is authorized to intervene, otherwise
appear, or take any other steps, in the case of Texas v. United States, No.
4:18-cv-00167-O (N.D. Tex.) and in any appellate proceedings arising from such
case. The Speaker, in consultation with the Bipartisan Legal Advisory Group, is
also authorized to intervene, otherwise appear, or take any other steps in any
other cases involving the Patient Protection and Affordable Care Act to protect
the institutional interests of the House and to defend such Act, the amendments
made by such Act to other provisions of law, and any amendments to such
provisions, including the provisions ensuring affordable health coverage for
those with preexisting conditions. The House authorizes the Office of General
Counsel of the House of Representatives, at the direction of the Speaker, to
represent the House in any such litigation, and to take such steps as may be
appropriate, including the supervision and employment of services of outside
counsel, including pro bono counsel, or other experts.
(o) Legal Issues Related to the Supplemental Nutrition Assistance Program.--
The Office of General Counsel is directed to immediately explore all possible
legal options for responding to any rulemaking by the United States Department
of Agriculture, announced on or after December 20, 2018, to the Supplemental
Nutrition Assistance Program involving requirements for able-bodied adults
without dependents.
(p) Congressional Member Organization Transparency Reform.--
(1) 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--
(A) an employee of the Member's office may carry out
official and representational duties of the Member by assignment
to the Organization; and
(B) 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).
(2) Regulations.--The Committee on House Administration (hereafter
referred to in this subsection as the ``Committee'') shall promulgate
regulations as follows:
(A) 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.
(B) 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.
(C) 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--
(i) 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
(ii) 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.
(D) 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.
(E) Other regulations.--The Committee shall promulgate such
other regulations as may be appropriate to carry out this
subsection.
(3) Eligible congressional member organization defined.--In this
subsection, the term ``eligible Congressional Member Organization''
means, with respect to the One Hundred Sixteenth Congress, an
organization meeting each of the following requirements:
(A) The organization is registered as a Congressional Member
Organization with the Committee on House Administration.
(B) 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.
(C) At least 3 employees of the House are assigned to
perform some work for the organization.
(D) During the One Hundred Fifteenth Congress, at least 15
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.
(E) 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).
(q) 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--
(1) 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
(2) 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).
(r) Requiring Members to Pay for Discrimination Settlements.--
(1) 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.
(2) Violations described.--A violation described in this paragraph
is--
(A) a violation of section 201(a) or section 206(a) of the
Congressional Accountability Act of 1995; or
(B) a violation of section 207 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).
(s) Mandatory Anti-harassment and Anti-discrimination Policies for House
Offices.--
(1) 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.
(2) Regulations.--Not later than April 1, 2019, the Committee on
House Administration shall promulgate regulations to carry out this
section, 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.
(t) 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.
SEC. 104. COMMITTEES, COMMISSIONS, AND HOUSE OFFICES.
(a) House Democracy Partnership.--House Resolution 24, One Hundred Tenth
Congress, shall apply in the One Hundred Sixteenth 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.
(b) Tom Lantos Human Rights Commission.--
(1) In general.--Sections 1 through 7 of House Resolution 1451, One
Hundred Tenth Congress, shall apply in the One Hundred Sixteenth
Congress in the same manner as such provisions applied in the One
Hundred Tenth Congress, except that--
(A) 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;
(B) 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
(C) 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 overall budget
authorization for 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.
(2) Funding.--For the expenses of the Commission, including the
expenses of full-time professional staff and other resources, there
shall be paid, out of the applicable accounts of the House of
Representatives, not more than $52,000, to be available during the
period beginning at noon on January 3, 2019, and ending on March 31,
2019. The amounts provided under this paragraph shall be administered by
the Committee on Foreign Affairs in the same manner as amounts provided
for the expenses of such Committee by resolution of the House, and shall
be distributed equally between the co-chairs of the Commission.
(c) Office of Congressional Ethics.--Section 1 of House Resolution 895, One
Hundred Tenth Congress, shall apply in the One Hundred Sixteenth Congress in the
same manner as such provision applied in the One Hundred Tenth Congress, except
that--
(1) 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));
(2) references to the Committee on Standards of Official Conduct
shall be construed as references to the Committee on Ethics;
(3) any requirement for concurrence in section 1(b)(1) shall be
construed as a requirement for consultation;
(4) the second sentence of section 1(b)(6)(A) shall not apply;
(5) members subject to section 1(b)(6)(B) may be reappointed for a
third additional term;
(6) 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; and
(7) the Office may not take any action that would deny any person
any right or protection provided under the Constitution of the United
States.
(d) Office of Diversity and Inclusion.--
(1) Establishment.--There is established an Office of Diversity and
Inclusion of the House of Representatives (hereafter in this clause
referred to as the ``Office'').
(2) Director.--The Speaker, in consultation with the Minority
Leader, shall appoint a Director of the Office from recommendations
provided by the chair of the Committee on House Administration in
consultation with the ranking minority member of such committee.
(3) Operational plan.--Not later than 60 days after the appointment
of the Director of the Office, the Office shall submit to the Committee
on House Administration an operational plan for the Office that shall
include, consistent with applicable House rules, regulations, and law, a
plan for appointing and establishing duties for staff of the Office
which shall set forth a proposed maximum number of staff.
(4) Diversity plan.--Not later than 90 days after submitting the
operational plan under paragraph (3), the Office shall submit a
diversity plan to the Committee on House Administration for the
committee's review and approval, and shall include in the plan the
following:
(A) Policies to direct and guide House employing offices to
recruit, hire, train, develop, advance, promote, and retain a
diverse workforce, consistent with applicable House rules,
regulations, and law.
(B) The development of a survey, in consultation with the
Committee on House Administration, to evaluate diversity in
House employing offices.
(C) A framework for the House of Representatives diversity
report required by paragraph (5).
(D) A proposal for the composition of an Advisory Council
that shall, as necessary, inform the work of the Office.
(E) Any additional components as determined by the Committee
on House Administration.
(5) Diversity report.--At the end of each session of Congress, the
Office shall submit a House of Representatives diversity report to the
Speaker, the Majority Leader and Minority Leader, the chair and ranking
minority member of the Committee on House Administration, and the chair
and ranking minority member of the Subcommittee on the Legislative
Branch of the Committee on Appropriations.
(6) Regulations.--The Office shall carry out its duties pursuant to
regulations issued by the Committee on House Administration.
(7) Definition.--In this subsection, the term ``House employing
office'' means--
(A) the official office of a Member, Delegate, or the
Resident Commissioner;
(B) each committee of the House and each joint committee;
and
(C) any other office of the House.
(e) Office of the Whistleblower Ombudsman.--
(1) Establishment.--There is established an Office of the
Whistleblower Ombudsman, to be headed by the Whistleblower Ombudsman.
(2) Appointment.--The Whistleblower Ombudsman shall be appointed by
the Speaker in consultation with the chairs and ranking minority members
of the Committee on House Administration and the Committee on Oversight
and Reform.
(3) Duties.-- The Whistleblower Ombudsman, under the direction of
the Committee on House Administration, and in consultation with any
other standing committee and the Permanent Select Committee on
Intelligence (at the request of the chair or ranking minority member of
such other committee), shall--
(A) promulgate best practices for whistleblower intake for
offices of the House; and
(B) provide training for offices of the House on
whistleblower intake, including establishing an effective
reporting system for whistleblowers, maintaining whistleblower
confidentiality, advising staff of relevant laws and policies,
and protecting information provided by whistleblowers.
(f) Select Committee on the Climate Crisis.--
(1) Establishment; composition.--
(A) Establishment.--There is hereby established a Select
Committee on the Climate Crisis (hereinafter in this subsection
referred to as the ``Select Committee'').
(B) Composition.--The Select Committee shall be composed of
15 Members, Delegates, or the Resident Commissioner appointed by
the Speaker, of whom 6 shall be appointed on the recommendation
of the Minority Leader. The Speaker shall designate one member
of the Select Committee as its chair. A vacancy in the
membership of the Select Committee shall be filled in the same
manner as the original appointment.
(2) Jurisdiction; functions.--
(A) Legislative jurisdiction.--The Select Committee shall
not have legislative jurisdiction and shall have no authority to
take legislative action on any bill or resolution.
(B) Investigative jurisdiction.--The sole authority of the
Select Committee shall be to investigate, study, make findings,
and develop recommendations on policies, strategies, and
innovations to achieve substantial and permanent reductions in
pollution and other activities that contribute to the climate
crisis which will honor our responsibility to be good stewards
of the planet for future generations. The Select Committee may,
at its discretion, hold public hearings in connection with any
aspect of its investigative functions.
(3) Procedure.--(A) Except as specified in subparagraph (B), the
Select Committee shall have the authorities and responsibilities of, and
shall be subject to the same limitations and restrictions as, a standing
committee of the House, and shall be deemed a committee of the House for
all purposes of law or rule.
(B)(i) Rules X and XI shall apply to the Select Committee where not
inconsistent with this subsection.
(ii) Service on the Select Committee shall not count against the
limitations in clause 5(b)(2) of rule X.
(iii) Clause 2(m)(1)(B) of rule XI, clause 2(m)(3) of rule XI, and
section 103(a) of this resolution shall not apply to the Select
Committee, but the Select Committee may recommend subpoenas and
depositions and submit such recommendations to the relevant standing
committee.
(iv) Clause 2(d) of rule X shall not apply to the Select Committee.
(4) Funding.--To enable the Select Committee to carry out the
purposes of this section--
(A) the Select Committee may use the services of staff of
the House; and
(B) the Select Committee shall be eligible for interim
funding pursuant to clause 7 of rule X.
(5) Reporting.--The Select Committee 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
policy recommendations as it may deem advisable. All such reports shall
be submitted to the House by December 31, 2020. All policy
recommendations shall be submitted to the relevant standing committees
not later than March 31, 2020.
(6) Publication.--The Select Committee shall ensure that reports and
proposals prepared in accordance with this subsection shall, upon
completion, be made available to the general public in widely accessible
formats not later than 30 calendar days following the respective dates
for completion set forth in paragraph (5).
SEC. 105. ORDERS OF BUSINESS.
(a) The Speaker may recognize a Member, Delegate, and the Resident
Commissioner for the reading of the Constitution on any legislative day during
the first session of the One Hundred Sixteenth Congress.
(b) It shall be in order at any time through the legislative day of January
17, 2019, for the Speaker to entertain motions that the House suspend the rules
as though under clause 1 of rule XV. The Speaker or her designee shall consult
with the Minority Leader or his designee on the designation of any matter for
consideration pursuant to this section.
(c) The requirement of clause 6(a) of rule XIII for a two-thirds vote to
consider a report from the Committee on Rules on the same day it is presented to
the House is waived with respect to any resolution reported through the
legislative day of January 8, 2019, relating to a measure making or continuing
appropriations for the fiscal year ending September 30, 2019.
TITLE II--SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS
SEC. 201. SELECT COMMITTEE ON THE MODERNIZATION OF CONGRESS.
(a) Establishment.--There is hereby established a Select Committee on the
Modernization of Congress (hereinafter in this section referred to as the
``Select Committee'').
(b) Composition.--
(1) The Select Committee shall be composed of 12 Members, Delegates,
or the Resident Commissioner appointed by the Speaker.
(2) The Speaker shall appoint members of the Select Committee as
follows:
(A) At least 2 members from among Members, Delegates, or the
Resident Commissioner serving in their first term.
(B) At least 2 members from the Committee on Rules.
(C) At least 2 members from the Committee on House
Administration.
(3) Of the members of the Select Committee appointed pursuant to
paragraph (1), 6 shall be appointed on the recommendation of the
Minority Leader, including 1 member each as described in subparagraphs
(A) through (C) of paragraph (2).
(4) The Speaker shall designate one member of the Select Committee
as chair, and, upon recommendation of the Minority Leader, shall
designate one member of the Select Committee as vice chair.
(5) A vacancy in the membership of the Select Committee shall be
filled in the same manner as the original appointment.
(c) Jurisdiction; Functions.--
(1) Legislative jurisdiction.--The Select Committee shall not have
legislative jurisdiction and shall have no authority to take legislative
action on any bill or resolution.
(2) Investigative jurisdiction.--The sole authority of the Select
Committee shall be to investigate, study, make findings, hold public
hearings, and develop recommendations on modernizing Congress, including
recommendations on--
(A) rules to promote a more modern and efficient Congress;
(B) procedures, including the schedule and calendar;
(C) policies to develop the next generation of leaders;
(D) staff recruitment, diversity, retention, and
compensation and benefits;
(E) administrative efficiencies, including purchasing,
travel, outside services, and shared administrative staff;
(F) technology and innovation; and
(G) the work of the House Commission on Congressional
Mailing Standards.
(d) Procedures.--
(1)(A) Except as specified in subparagraph (B), the Select Committee
shall have the authorities and responsibilities of, and shall be subject
to the same limitations and restrictions as, a standing committee of the
House, and shall be deemed a committee of the House for all purposes of
law or rule.
(B)(i) Rules X and XI shall apply to the Select Committee where not
inconsistent with this section.
(ii) Service on the Select Committee shall not count against the
limitations in clause 5(b)(2) of rule X.
(iii) Clause 2(m)(1)(B) of rule XI, clause 2(m)(3) of rule XI, and
section 103(a) of this resolution shall not apply to the Select
Committee, but the Select Committee may recommend subpoenas and
depositions and submit such recommendations to the relevant standing
committee.
(iv) Clause 2(d) of rule X shall not apply to the Select Committee.
(2) During the first session of the One Hundred Sixteenth Congress,
the Select Committee shall hold a hearing at which it receives testimony
from Members, Delegates, and the Resident Commissioner on matters
described in subsection (c).
(e) Funding.--To enable the Select Committee to carry out the purposes of
this section--
(1) the Select Committee may use the services of staff of the House;
and
(2) the Select Committee shall be eligible for interim funding
pursuant to clause 7 of rule X.
(f) Reports.--
(1) Interim status report.--Every 90 days, the Select Committee
shall provide an interim status report on its activities to the
Committee on House Administration and the Committee on Rules. Each
interim status report must include transcripts of the Select Committee's
proceedings, itemized reporting of its expenditures, and a proposed plan
for the next 90 days.
(2) Findings and recommendations.--The Select Committee may report
to the House or any committee from time to time the results of its
investigations and studies, together with such detailed findings and
policy recommendations as it may deem advisable. The Select Committee
may only submit any such report if the report receives the votes of not
fewer than 2/3 of its members.
(3) Final report.--At the conclusion of the first session of the One
Hundred Sixteenth Congress, the Select Committee shall submit a final
report to the House. The final report shall include the results of the
Select Committee's studies, detailed findings, and any policy
recommendations as the select committee may deem advisable. The Select
Committee may only submit the report if the report receives the votes of
not fewer than 2/3 of its members. The Select Committee shall submit all
policy recommendations included in the report to relevant standing
committees.
(4) Publication.--The Select Committee shall ensure that reports
prepared in accordance with paragraphs (2) and (3) shall, upon
completion, be made available to the general public in widely accessible
formats not later than 30 calendar days following the date any such
report is made available to the House or a committee, as applicable.
(g) Termination; Disposition of Records.--
(1) Termination.--The Select Committee shall terminate on February
1, 2020.
(2) Disposition of records.--Upon its termination, the records of
the Select Committee shall be transferred to, and shall become part of,
the records of such standing committees as the Speaker may designate.
TITLE III--INTERVENTION IN LITIGATION INVOLVING PATIENT PROTECTION AND
AFFORDABLE CARE ACT
SEC. 301. FINDINGS.
The House of Representatives finds the following:
(1) Texas, Wisconsin, Alabama, Arkansas, Arizona, Florida, Georgia,
Indiana, Kansas, Louisiana, Governor Paul LePage of Maine, Mississippi
(by and through Governor Phil Bryant), Missouri, Nebraska, North Dakota,
South Carolina, South Dakota, Tennessee, Utah, and West Virginia have
filed suit in the United States District Court for the Northern District
of Texas, arguing that the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 119) is unconstitutional and should be
enjoined by asserting that the Act's requirement to maintain minimum
essential coverage (commonly known as the ``individual responsibility
provision'') in section 5000A(a) of the Internal Revenue Code of 1986,
is unconstitutional following the amendment of that provision by the Act
to provide for reconciliation pursuant to titles II and V of the
concurrent resolution on the budget for fiscal year 2018 (Public Law
115-97) (commonly known as the ``Tax Cuts and Jobs Act'').
(2) These State and individual plaintiffs also seek to strike down
the entire Patient Protection and Affordable Care Act as not severable
from the individual responsibility provision.
(3) On June 7, 2018, the Department of Justice refused to defend the
constitutionality of the amended individual responsibility provision,
despite the well-established duty of the Department to defend Federal
statutes where reasonable arguments can be made in their defense.
(4) The Department of Justice not only refused to defend the amended
individual responsibility provision, but affirmatively argued that this
provision is unconstitutional and that the provisions of the Patient
Protection and Affordable Care Act guaranteeing issuance of health
insurance coverage regardless of health status or preexisting conditions
(commonly known as the ``guaranteed issue provision'') found in sections
2702, 2704, and 2705(a) of the Public Health Service Act (42 U.S.C.
300gg-1, 300gg-3, 300gg-4(a)) and prohibitions on discriminatory premium
rates (commonly known as the ``community rating provision'') found in
sections 2701 and 2705(b) of the Public Health Service Act (42 U.S.C.
300gg(a)(1), 300gg-4(b)) must now be struck down as not severable from
the individual responsibility provision.
(5) The district court recently held that the individual
responsibility provision is unconstitutional and that all of the
remaining provisions of the Patient Protection and Affordable Care act
are inseverable and therefore invalid.
(6) Up to 133 million nonelderly Americans have some type of
preexisting health condition, such as, but not limited to, diabetes,
high cholesterol, cancer, arthritis, and asthma, that could affect their
insurance.
(7) Prior to the Patient Protection and Affordable Care Act and the
enactment of protections such as guaranteed issue and community rating,
millions of Americans were denied health insurance coverage, were unable
to obtain coverage of necessary medical services, or were priced out of
the individual market due to preexisting conditions.
(8) Without such protections for preexisting conditions, millions of
Americans could once again lose access to affordable, comprehensive
health insurance.
(9) More than 13 million Americans who gained coverage in States
that expanded Medicaid eligibility under the Patient Protection and
Affordable Care Act could lose coverage if the Act were struck down in
its entirety.
(10) More than 2 million young adults who gained coverage under a
provision of the Patient Protection and Affordable Care Act allowing
individuals under the age of 26 to stay on their parents' insurance
could lose coverage if the Act were struck down in its entirety.
(11) More than 8.9 million low and middle-income Americans who
received tax credits averaging $520 per month to help pay for health
insurance in the individual market under the Patient Protection and
Affordable Care Act could lose coverage if the Act were struck down in
its entirety.
(12) An estimated 105 million Americans who now enjoy coverage
without lifetime limits due to the Patient Protection and Affordable
Care Act could once again face lifetime limits on their benefits if the
Act were struck down in its entirety.
(13) Nearly 12 million Medicare beneficiaries who received an
average of $2,200 in savings on prescription drugs due to the closing of
the Medicare prescription drug donut hole under the Patient Protection
and Affordable Care Act would face rising drug costs if the Act were
struck down in its entirety.
SEC. 302. AUTHORIZING LEGAL ACTION BY HOUSE.
(a) Authorization.--The Speaker, on behalf of the House of Representatives,
is authorized to intervene, otherwise appear, or take any other steps in the
case of Texas v. United States, No. 4:18-cv-00167-O (N.D. Tex.) and in any
appellate proceedings arising from such case. The Speaker, in consultation with
the Bipartisan Legal Advisory Group, is also authorized to intervene, otherwise
appear, or take any other steps in any other cases involving the Patient
Protection and Affordable Care Act to protect the institutional interests of the
House and to defend such Act, the amendments made by such Act to other
provisions of law, and any amendments to such provisions, including the
provisions ensuring affordable health coverage for those with preexisting
conditions.
(b) Role of General Counsel.--The Office of General Counsel of the House of
Representatives, at the direction of the Speaker, shall represent the House in
any litigation pursuant to this title. The Office of General Counsel may employ
the services of outside counsel, including pro bono counsel, or other experts
for this purpose.
(c) Reports on Amounts Expended.--The chair of the Committee on House
Administration shall cause to be printed in the Congressional Record a statement
setting forth the aggregate amounts expended by the Office of General Counsel on
outside counsel and other experts pursuant to this title on a quarterly basis,
and such statement shall be submitted for printing not more than 30 days after
the expiration of each such quarter.
Attest:
Clerk.
Adopting the Rules of the House of Representatives for the One Hundred Sixteenth Congress, and for other purposes.
#6 | HRES Congress #116
Policy Area: Congress
Subjects: Administrative law and regulatory proceduresAir qualityAppropriationsAssault and harassment offensesBudget deficits and national debtBudget processCivil actions and liabilityClimate change and greenhouse gasesCongressional committeesCongressional leadershipCongressional officers and employeesCongressional operations and organizationCongressional oversightCorporate finance and managementCriminal investigation, prosecution, interrogationDepartment of AgricultureEmployment discrimination and employee rightsEvidence and witnessesFood assistance and relief
Last Action: Motion to reconsider laid on the table Agreed to without objection. (1/9/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text