Sec. 3. Separate orders
2,844 words·~13 min read·
/bill/117/hres/8/eh/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
During the first session of the One Hundred Seventeenth Congress, each standing committee (other than the Committee on Ethics) or each subcommittee thereof (other than a subcommittee on oversight) 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 Seventeenth Congress. During the One Hundred Seventeenth Congress, the chair of a standing committee (other than the Committee on Rules), and the chair of the Permanent Select Committee on Intelligence, upon consultation with the ranking minority member of such committee, may order the taking of depositions, including pursuant to subpoena, by a member or counsel of such committee.
Depositions taken under the authority prescribed in this subsection shall be subject to regulations issued by the chair of the Committee on Rules and printed in the Congressional Record. During the One Hundred Seventeenth 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. During the One Hundred Seventeenth 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. The text of House Resolution 451, One Hundred Tenth Congress, shall apply in the One Hundred Seventeenth 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.
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).
In the case of a settlement of a complaint under the Congressional Accountability Act of 1995 in connection with a claim alleging a violation described in paragraph
(2)which is committed personally by a Member, Delegate, or Resident Commissioner, if the Member, Delegate, or Resident Commissioner is not required under law to reimburse the Treasury for the amount of the settlement, the chair and ranking minority member of the Committee on House Administration may not approve the settlement pursuant to clause 4(d)(2) of rule X unless, under the terms and conditions of the settlement, the Member, Delegate, or Resident Commissioner is required to reimburse the Treasury for the amount of the settlement. A violation described in this paragraph is— a violation of section 201(a) or section 206(a) of the Congressional Accountability Act of 1995; or a violation of section 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). Each employing office of the House of Representatives under the Congressional Accountability Act of 1995 shall adopt an anti-harassment and anti-discrimination policy for the office's workplace. Not later than April 1, 2021, the Committee on House Administration shall promulgate regulations to carry out this subsection, and shall ensure that such regulations are consistent with the requirements of the Congressional Accountability Act of 1995, rule XXIII, and other relevant laws, rules, and regulations. The Committee on House Administration shall issue regulations to provide that each employing office of the House of Representatives shall post in a prominent location in the office (including, in the case of the office of a Member, Delegate, or the Resident Commissioner, a prominent location in each district office) a statement of the rights and protections provided to employees of the House of Representatives under the Congressional Accountability Act of 1995, including the procedures available to employees of the House under such Act for responding to and adjudicating allegations of violations of such rights and protections. 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 Seventeenth Congress in furtherance of the institutional priorities of— improving public availability and use of legislative information produced by the House and its committees; and enabling all House staff to produce comparative prints showing the differences between versions of legislation, how proposed legislation will amend existing law, and how an amendment may change proposed legislation. The Clerk, the Committee on House Administration, and other officers and officials of the House shall undertake efforts to improve the electronic document repository operated by the Clerk for use by committees of the House in the One Hundred Seventeenth 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. 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. 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 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. Notwithstanding clause 5(d) of rule X, during the One Hundred Seventeenth Congress the Committee on Agriculture may have not more than six subcommittees. A Member of the House of Representatives and an eligible Congressional Member Organization may enter into an agreement under which— an employee of the Member’s office may carry out official and representational duties of the Member by assignment to the Organization; and to the extent that the employee carries out such duties under the agreement, the Member shall transfer the portion of the Members’ Representational Allowance
(MRA)of the Member which would otherwise be used for the salary and related expenses of the employee to a dedicated account in the House of Representatives which is administered by the Organization, in accordance with the regulations promulgated by the Committee on House Administration under paragraph (2). The Committee on House Administration (hereafter referred to in this subsection as the Committee ) shall promulgate regulations as follows: Pursuant to the authority of section 101(d) of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 5341(d) ), the Committee shall prescribe regulations to provide that an eligible Congressional Member Organization may use the amounts transferred to the Organization’s dedicated account under paragraph (1)(B) for the same purposes for which a Member of the House of Representatives may use the Members’ Representational Allowance, except that the Organization may not use such amounts for franked mail, official travel, or leases of space or vehicles. Pursuant to the authority of section 104(d) of the House of Representatives Administrative Reform Technical Corrections Act ( 2 U.S.C. 5321(d) ), the Committee shall prescribe regulations to provide that an employee of the office of a Member of the House of Representatives who is covered by an agreement entered into under paragraph
(1)between the Member and an eligible Congressional Member Organization shall be considered a shared employee of the Member’s office and the Organization for purposes of such section, and shall include in such regulations appropriate accounting standards to ensure that a Member of the House of Representatives who enters into an agreement with such an Organization under paragraph
(1)does not employ more employees than the Member is authorized to employ under such section. Pursuant to the authority of section 105(b) of the Legislative Branch Appropriations Act, 2003 ( 2 U.S.C. 4536(b) ), relating to the student loan repayment program for employees of the House, the Committee shall promulgate regulations to provide that, in the case of an employee who is covered by an agreement entered into under paragraph
(1)between a Member of the House of Representatives and an eligible Congressional Member Organization and who participates in such program while carrying out duties under the agreement— any funds made available for making payments under the program with respect to the employee shall be transferred to the Organization’s dedicated account under paragraph (1)(B); and the Organization shall use the funds to repay a student loan taken out by the employee, under the same terms and conditions which would apply under the program if the Organization were the employing office of the employee. The Committee shall prescribe regulations to ensure that an eligible Congressional Member Organization has appropriate access to services of the House. The Committee shall promulgate such other regulations as may be appropriate to carry out this subsection. In this subsection, the term eligible Congressional Member Organization means, with respect to the One Hundred Seventeenth 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 Sixteenth 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. The organization files a statement with the Committee on House Administration and the Chief Administrative Officer of the House of Representatives certifying that it will administer an account in accordance with paragraph (1)(B). During the first session of the One Hundred Seventeenth Congress, pending the adoption of a concurrent resolution on the budget for fiscal year 2021, 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 1, 2020, as adjusted in the One Hundred Sixteenth 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. The House authorizes the chair of the Committee on Oversight and Reform (when elected), on behalf of the Committee on Oversight and Reform and until such committee has adopted rules pursuant to clause 2(a) of rule XI, to issue subpoenas related to the investigation into the accuracy and timing of the 2020 decennial census and related matters. The House authorizes the chair of the Select Subcommittee on the Coronavirus Crisis (when designated), on behalf of the Select Subcommittee on the Coronavirus Crisis and until the Committee on Oversight and Reform has adopted rules pursuant to clause 2(a) of rule XI, to issue subpoenas related to the investigation into political interference in the response to the coronavirus pandemic at the Department of Health and Human Services and Centers for Disease Control and Prevention and related matters. In the One Hundred Seventeenth 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. House Resolution 965, One Hundred Sixteenth Congress, shall apply in the One Hundred Seventeenth Congress in the same manner as such resolution applied in the One Hundred Sixteenth Congress, except that— the notification and availability requirements of section 2 do not apply to revocation letters submitted to the Clerk after an automatic revocation pursuant to section 2(a)(2)(B); section 4(b) shall not apply; and the chair of the Committee on House Administration, in consultation with the ranking minority member, shall identify and submit to the Speaker and to the chair and ranking minority member of the Committee on Rules specific operable and secure technology that may be used to conduct remote voting in the House and shall provide certification of such submission to the House as though pursuant to section 5(a). Not later than July 1, 2021, the Office of Diversity and Inclusion shall submit a report to the Committee on House Administration and the Committee on Rules recommending a method to survey the diversity of witness panels at committee hearings. Not later than July 31, 2021, the Committee on House Administration and the Committee on Rules shall take such steps as may be necessary to ensure the implementation of such method. During the One Hundred Seventeenth Congress, notwithstanding clause 12(c) of rule XXI (as added by section 2(r)), clause 12(a) of rule XXI shall not apply before April 1, 2021. The chair of the Committee on the Budget may adjust an estimate under clause 4 of rule XXIX to— exempt the budgetary effects of measures to prevent, prepare for, or respond to economic or public health consequences resulting from the COVID–19 pandemic; and exempt the budgetary effects of measures to prevent, prepare for, or respond to economic, environmental, or public health consequences resulting from climate change. 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 Seventeenth Congress for resolving contested elections. The amount specified in paragraph
(1)shall be available for expenses incurred during the period beginning at noon on January 3, 2021, and ending immediately before noon on January 3, 2022. Payments under this subsection shall be made on vouchers authorized by the Committee on House Administration, signed by the chair of the Committee, and approved in the manner directed by the Committee. Amounts made available under this subsection shall be expended in accordance with regulations prescribed by the Committee on House Administration. Not later than February 1, 2021, the Clerk shall submit to the chair of the Committee on Rules regulations establishing a process for Members to indicate their support for Senate measures that have been received by the House. Such process shall include the maintenance of a publicly available list of Members supporting each such Senate measure. Upon receipt of such regulations, the chair of the Committee on Rules shall cause them to be printed in the Congressional Record, and Members shall be permitted to indicate their support for Senate measures accordingly. The Committee on Ethics is directed to report to the House, not later than December 31, 2021, any recommended amendments to the Code of Official Conduct, as well as any accompanying regulations, intended to address the circumstances and instances, if any, for which a Member, Delegate, Resident Commissioner, officer, or employee of the House may be subject to discipline for the dissemination by electronic means, including by social media, of any image, video, or audio file that has been distorted or manipulated with the intent to mislead the public.
Connectionstraces to 3
1 reference not yet in our index
- 50 USC 1545–46
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources