Bill Summary
The proposed resolution authorizes the Speaker of the House of Representatives to initiate or participate in legal actions concerning section 213 of title II of division C of the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026. This section is believed to potentially violate the 27th Amendment of the U.S. Constitution, which prohibits changes to congressional compensation without an intervening election.
Key components of the resolution include:
1. **Civil Action Authorization**: The Speaker can take legal action to challenge the constitutionality of the financial provisions in section 213.
2. **Notification Requirement**: The Speaker must inform the House of any decisions regarding legal actions.
3. **Representation and Reporting**: The Office of General Counsel will represent the House in these actions and can hire outside legal experts. They must report the costs of these services quarterly.
4. **Regular Updates**: The Speaker is required to keep the House informed about the litigation's progress.
5. **Reimbursement Demand**: If the court rules that the section is unconstitutional, the Speaker can demand reimbursement of legal costs from the Senate.
Overall, the resolution seeks to protect congressional compensation standards as outlined in the Constitution and to ensure accountability regarding any legal expenses incurred in this process.
Possible Impacts
Here are three examples of how the legislation outlined in the resolution could affect people:
1. **Members of Congress**: If the civil actions initiated by the Speaker of the House lead to a ruling that section 213 violates the 27th Amendment, it could result in the nullification of the financial awards intended for Senators. This outcome would directly affect the financial compensation of current Senators, potentially causing dissatisfaction among them and affecting their ability to receive bonuses or other financial benefits that might have been granted under the contested section.
2. **Legal and Financial Implications for the Senate**: Should the courts rule that section 213 is unconstitutional, the Senate may be required to reimburse the House for the litigation costs incurred during the legal proceedings. This could strain Senate resources and budgets, possibly leading to cuts in other areas or reallocations of funds, which could affect staff, services, or programs that rely on Senate funding.
3. **Public Trust and Perception of Government**: The resolution and subsequent legal actions could influence public perception of Congress. If the public views these actions as a necessary check on potential misuse of compensation laws, it may enhance trust in legislative processes. Conversely, if perceived as an internal conflict or waste of taxpayer resources, it could erode public confidence in Congress and its members, leading to increased scrutiny of governmental financial practices and accountability measures.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 892 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. RES. 892
Authorizing the Speaker of the House of Representatives to initiate or
intervene in civil actions on behalf of the House of Representatives
regarding section 213 of title II of division C of the Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction
and Veterans Affairs, and Extensions Act, 2026.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2025
Mr. Rose submitted the following resolution; which was referred to the
Committee on Rules, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Authorizing the Speaker of the House of Representatives to initiate or
intervene in civil actions on behalf of the House of Representatives
regarding section 213 of title II of division C of the Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction
and Veterans Affairs, and Extensions Act, 2026.
Whereas section 213 of title II of division C of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026, and amendments made by such section,
provide for financial awards to Members of the Senate under
circumstances that experts have said defy typical legal concepts;
Whereas the 27th Amendment to the Constitution states: ``No law, varying the
compensation for the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall have
intervened.''; and
Whereas a credible argument exists that the financial provisions contained in
such section 213 constitute a variation in compensation for Senators,
potentially violating the requirements of the 27th Amendment: Now,
therefore, be it
Resolved,
SECTION 1. CIVIL ACTION.
The Speaker of the House of Representatives is authorized to
initiate or intervene in one or more civil actions in a Federal court
of competent jurisdiction, on behalf of the House of Representatives,
to argue that section 213 of title II of division C of the Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction
and Veterans Affairs, and Extensions Act, 2026, and the amendments made
by such section, violate the 27th Amendment to the United States
Constitution.
SEC. 2. NOTIFICATION.
The Speaker shall notify the House of Representatives of any
decision to initiate or intervene in any civil action pursuant to this
resolution.
SEC. 3. PROCESS FOR CIVIL ACTION.
(a) Representation by General Counsel.--The Office of the General
Counsel of the House of Representatives, at the direction of the
Speaker, shall represent the House in any civil action initiated, or in
which the House intervenes, pursuant to this resolution, and may employ
the services of outside counsel and other experts for this purpose.
(b) Statement of Costs of Outside Counsel and Experts.--Not later
than 30 days after the last day of each calendar quarter in which the
Office of General Counsel employed the services of outside counsel or
other experts pursuant to subsection (a), 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 such
Office for such services.
SEC. 4. REQUIREMENT TO INFORM.
The Speaker shall keep the House regularly informed about
developments in any litigation initiated, or in which the House
intervenes, pursuant to this resolution.
SEC. 5. DEMAND FOR REIMBURSEMENT.
In the event that section 213 of title II of division C of the
Continuing Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026, is held to
be unconstitutional in any ruling made in response to litigation
initiated, or in which the House intervenes, pursuant to this
resolution, the Speaker is authorized to--
(1) tally all costs incurred by the House of Representatives
related to such litigation, including legal fees, expenses for outside
counsel and other experts, and related administrative costs; and
(2) send a formal letter to the majority leader of the Senate
demanding that the Senate reimburse the House of Representatives for
all such litigation-related costs from funds allocated to the Senate,
and cause that letter to be entered into the Congressional Record.
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