RESTORING CONGRESS

PL

  





 



It.11?
.. 
I 1 

?Mm

 

(AJ?i?k >1 

 

NEW CONGRESS

  

 

NEW RULES

DRAFT RULES PROPOSALS

CONTENTS

T
F

EXECUTIVE SUMMARY

I. RESTORE THE PEOPLE’S VOICE

PAGE 4

II. RESTORE THE LEGISLATIVE PROCESS

PAGE 6

III. RESTORE OVERSIGHT & ETHICS

PAGE 8

A
R

D

IV. RESTORE BUDGET RULES

PAGE 10

V. RESTORE INCLUSION & DIVERSITY

PAGE 10

HOW THESE IDEAS WERE DEVELOPED

2

PAGE 3

PAGE 12

 T

DRAFT RULES PROPOSALS

EXECUTIVE SUMMARY

T
F

During the 115th Congress, the Republican Majority set the record for the most closed Congress
in our nation’s history. By shutting down regular order, the legislative process, and the voices
of a majority of Members and the people they represent, the GOP has abdicated its duties.
Furthermore, we are in the midst of an Administration that has flaunted its conflicts of interest
and a Republican Congress that has turned a blind eye to its constitutional duty to investigate
and conduct oversight. Our Democratic rules package will take a strong first step in tackling
many of the pressing issues facing our nation.
I. RESTORE THE PEOPLE’S VOICE

A
R

Our rules package will restore the American people’s voice by emphasizing our Democratic
priorities, protecting middle class taxpayers, establishing Member Day hearings so all
Members can publicly present their ideas to committees, and strengthening congressional
representation.
II. RESTORE THE LEGISLATIVE PROCESS

This proposal will create a more accommodating process for ideas to be considered. The
proposal restores regular order, provides Members more time to read bills, establishes a select
committee to improve the operation of Congress, modernizes the discharge petition, and
reforms the motion to vacate the chair.

D

III. RESTORE OVERSIGHT & ETHICS

The legislative branch can reassert itself as a coequal branch of government, restore ethics,
and hold the federal government accountable. The Democratic rules package will include
reforms that amend the rules to protect whistleblowers, strengthen investigative powers, and
prevent conflicts of interest.
IV. RESTORE BUDGET RULES

Since Republicans took control of the House, we have continuously seen them use fuzzy math
to justify their lopsided priorities of enriching corporations and the wealthy at the expense of
low- and middle-income Americans. Through this rules package we can return to fiscal sanity by
eliminating dynamic scoring, eliminating CUTGO, restoring the Gephardt Rule, and ending the
public lands giveaway.
V. RESTORE INCLUSION & DIVERSITY
This Democratic rules package emphasizes diversity and provides an opportunity for all
Americans to be included in this institution. We will accomplish these goals by creating an
independent diversity office, amending the rules to ban discrimination on the basis of sexual
orientation and gender identity, and ensuring Members and staff are permitted religious
expression.

*Ideas in this proposal are credited to Members who sponsored or helped develop the
concept.
3

 DRAFT RULES PROPOSALS

T
F

I. RESTORE THE
PEOPLE’S VOICE

A
R

D

After years of the Republican Majority abdicating its duty
to address the issues important to the American
people, the Democratic House rules package will take a
strong first step in tackling many of the pressing issues
facing our nation.

4

 T

I. RESTORE THE PEOPLE’S VOICE

RESTORE THE
VOTING RIGHTS
ACT
First and foremost
we must send to
the floor early in the
new Congress H.R.1,
The Government by
the People Act, in
order to restore
the Voting Rights
Act and counter
the influence of big
money in politics.

EMPHASIZE
LABOR

YOUR IDEA HERE
We want to hear
from you!
Our next step in
this process is
crafting legislative
text based on your
feedback and our
in-depth research
and vetting.

T
F

Change the name
of the “Committee
on Education and
the Workforce”
back to its original
name, “Committee
on Education
and Labor,” to
emphasize our
commitment
to the millions
of hardworking
Americans who
keep our country
running.

A
R

(Leader Pelosi, Rep.
Sarbanes, and dozens of
Members-elect)

D

PROVIDE EVERY
MEMBER WITH
A VOICE

Require
committees to
hold a Member
Day hearing,
where all Members
— regardless of
their tenure or
position — are
provided the
opportunity to
publicly present
their legislative
ideas and
proposals in an
open hearing.

PROTECT
FEDERAL
WORKERS

End the Holman
Rule, which allows
appropriations bills
or amendments
that would reduce
the salary of or fire
a specific federal
employee or cut a
specific program.
(Whip Hoyer, Reps.
Connolly, Beyer, Brown,
Raskin)

PROTECT THE
MIDDLE CLASS
FROM TAX
INCREASES

Require a threefifths supermajority
to raise individual
income taxes on the
lowest-earning 80%
of taxpayers.
(Leader Pelosi, Ranking
Member Neal)

(Ranking Member Scott,
Progressive Caucus)

STRENGTHEN
REPRESENTATION

Change the rules to
give voting rights
to Delegates and
the Resident
Commissioner of
Puerto Rico in the
Committee of the
Whole. They
represent over 4.5
million American
citizens who
deserve
representation in
the House.
Ensure Delegates
and the Resident
Commissioner can
be appointed to
Joint Committees.

(Whip Hoyer, Dels.
Bordallo, Norton, Plaskett,
Sablan, Progressive
Caucus)
5

 DRAFT RULES PROPOSALS

T
F
A
R
D

II. RESTORE THE
LEGISLATIVE
PROCESS
During the 115th Congress, the GOP set the record for the
most closed Congress in our nation’s history with over
100 closed rules. By reforming the House rules we can
create a more accommodating process to allow diverse
ideas to be considered.

6

 T

II. RESTORE THE LEGISLATIVE PROCESS

RETURN TO
REGULAR
ORDER
Require every
bill that goes
through the Rules
Committee to
have a hearing
and a markup
before it goes to
the floor.

D

STUDY THE
ORGANIZATION
AND
OPERATION OF
CONGRESS

(Reps. Kilmer, Lipinski,
Sarbanes, New
Democrat Coalition)

Require bill text
to be available
for 72 hours
before the bill can
proceed to the
House Floor for
a vote. This will
ensure Members
have adequate
time to read
and understand
legislation before
casting their votes.

T
F

Reform the
motion to vacate
the chair to a
more thoughtful
process in order
to prevent the
Speaker from being
held hostage by a
single Member.

A
R

(Ranking Member
McGovern, Reps. Raskin,
Kilmer, New Democrat
Coalition)

Establish a select
committee to
improve the
operation of
Congress.

REFORM THE
MOTION TO
VACATE THE
CHAIR

TIME TO READ
THE BILL

The current House
rule only requires
slightly more
than 24 hours of
availability.
(Rep. Kilmer, New
Democrat Coalition,
Progressive Caucus)

YOUR IDEA HERE

We want to hear
from you! Our
next step in this
process is crafting
legislative text
based on your
feedback and our
in-depth research
and vetting.

(Rep. Kilmer, New
Democrat Coalition,
Problem Solvers)

MODERNIZE
THE DISCHARGE
PETITION

Allow discharge
petitions to be
considered under
a 3-day notice
process similar
to privileged
resolutions, in
order to facilitate
their use and
effectiveness,
while still requiring
218 signatures.
(Reps. Kilmer, Soto,
Progressive Caucus, New
Democrat Coalition)

7

 DRAFT RULES PROPOSALS

T
F
A
R
D

III. RESTORE
OVERSIGHT &
ETHICS

We are in the midst of an Administration that has flaunted
their conflicts of interest and a Majority that has turned a
blind eye to its constitutional duty to investigate and
conduct oversight. The Democratic rules package will be
an opening salvo for the legislative branch to reassert
itself as a coequal branch of government, restore
ethics, and hold the federal government accountable to
the American people.

8

 T

III. RESTORE OVERSIGHT & ETHICS

PREVENT
NONDISCLOSURE
AGREEMENTS
FROM PROTECTING
HARASSERS
Clarify that a
nondisclosure
agreement cannot
prohibit a staffer from
speaking to the Office of
Compliance, the Ethics
Committee, or the Office
of Congressional Ethics.

T
F

Reform deposition rules to
ensure that oversight depositions
are more transparent, effective,
and consistent across all
committees.
Give deposition authority
to the Committee on House
Administration so they can
conduct more effective
oversight over federal
elections.

A
R

(Progressive Caucus)

D

ENSURING
INVESTIGATION
OF CRIMINAL
CONDUCT

Reinstate a separate
order requiring the
Ethics Committee
to empanel an
investigative
subcommittee
within 30 days if a
Member, Delegate,
or the Resident
Commissioner is
indicted or charged
with criminal
conduct.
(Ranking Member
Deutch, Rep. Speier)

REFORM OVERSIGHT
DEPOSITION RULES

(Ranking Members Cummings, Nadler,
Schiff)

PROTECT WHISTLEBLOWERS

Provide assistance and training to
congressional offices in order to
properly and securely handle
whistleblowers who reach out to
congressional offices.
(Rep. Speier, Progressive Caucus)

CLOSE THE CONFLICT OF
INTEREST LOOPHOLE
Prohibit Members, Delegates, the
Resident Commissioner, and staff
from serving on corporate boards.
(Reps. Cicilline, Rice, Sherman)
9

 DRAFT RULES PROPOSALS

IV. RESTORE BUDGET RULES

T
T
F
F
A
A
R
R
D
D

We have witnessed a Republican Congress that has used fuzzy math to
justify giving handouts to the richest and most well off in our country at
the expense of low- and middle-income Americans. We now have an
opportunity, with the Democratic rules package, to return to fiscal sanity
and responsible governance.

V. RESTORE INCLUSION & DIVERSITY

Public servants working for the People’s House should reflect the faces of
America. The Democratic rules package will provide an opportunity for all
Americans to be included in this great institution.

10

 T
T

IV. RESTORE BUDGET RULES

PROTECT OUR
NATION’S CREDIT
Reinstate the Gephardt Rule
to ensure that our nation’s
credit rating is not held
hostage.
(Ranking Member Yarmuth, Progressive
Caucus)

Replace the Republicans’
sham budgetary process of
CUTGO—which pretends tax
cuts pay for themselves—with
a reasonable rule in light of
Statutory PAYGO.

T
F

(Ranking Member Yarmuth)

A
R

STOP THE PUBLIC LANDS
GIVEAWAY

Reaffirm the Democratic belief
that public lands have value
by ending the Republican policy
of allowing Federal lands to be
given away for free, without
recording any budgetary
impact.

D

(Ranking Member Grijalva)

PROMOTE
DIVERSITY

ELIMINATE CUTGO

Create an
independent
diversity office to
facilitate a diverse
workforce with
qualified candidates
that is reflective of
our Members and
the districts they
represent.

(Leader Pelosi, Ranking
Member McGovern,
Reps. Hastings, Torres,
Wasserman Schultz, House
Administration,Progressive
Caucus)

STREAMLINE BUDGET RULES

Eliminate dynamic scoring
requirements, also known
as macroeconomic scoring.
This failed Republican talking
point requires CBO to make
assumptions in areas with great
uncertainty and unpredictability.
(Ranking Member Yarmuth, Progressive
Caucus)

11

V. RESTORE INCLUSION & DIVERSITY

BAN LGBTQ+
DISCRIMINATION

Amend House
rules to clearly
and distinctly ban
discrimination on
the basis of sexual
orientation and
gender identity.
(Leader Pelosi, Rep.
Cicilline)

ENSURE
RELIGIOUS
EXPRESSION

Clarify in the rules
that religious
headwear is
permitted to be
worn in the House
chamber.
(Leader Pelosi, Memberelect Ilhan Omar, Ranking
Member McGovern)

11

 DRAFT RULES PROPOSALS

HOW THESE IDEAS WERE DEVELOPED
In crafting this draft rules package proposal, Democrats on the Rules Committee consulted with
Members and a wide variety of stakeholders in order to capture a range of ideas and suggestions to
create a more inclusive and accommodating set of rules. Throughout this process, we solicited ideas
from Members by distributing dear colleague letters to all Members and their staff, announcing the
process at Caucus meetings, Staff Director meetings, and Legislative Director meetings. Additionally,
over the past several months, we engaged with individual Members about our process during floor
votes.

T
F

MEMBER ENGAGEMENT
Throughout our process:

•  Democratic Rules Members spoke to several caucuses including the Congressional
Progressive Caucus; the Congressional Black Caucus; the Congressional Hispanic
Caucus; the New Democrat Coalition; the Blue Dog Coalition; and members of the

A
R

Congressional Asian Pacific American Caucus and the Problem Solvers Caucus.
•  Several caucuses that we reached out to did not have a regularly scheduled meeting so we
spoke to their members individually and with caucus staff.
•  Since starting this process, we have already spoken to more than half of the Caucus
in-person and we want to speak with all of you before this process ends.

ENGAGEMENT WITH PROCESS EXPERTS

D

We engaged with experts including:
• 
• 
• 
• 
• 
• 

Staff of all House Committees and Floor staff;
The Parliamentarian and staff;
The Director of the Congressional Budget Office and staff;
Staff from the Clerk of the House;
Staff from the Congressional Research Service; and
Staff from Legislative Counsel.

ENGAGEMENT WITH OUTSIDE GROUPS

We met with groups engaged in the rules change process, including:
• 
• 
• 
• 
• 
• 
• 
• 

Demand Progress;
The Bipartisan Policy Center;
The Rebuild Congress Initiative (affiliated with Harvard and Issue One);
The Government Accountability Project;
The National Association of Latino Elected and Appointed Officials;
Make It Safe Coalition;
Public Citizen; and
Project on Government Oversight.

NEXT STEPS

•  We want your reaction to this draft rules package and we want your support.
•  In particular, we want to hear from our newly-elected colleagues.
•  Our next step is crafting legislative text based on your feedback and our in-depth
12
research and vetting.

  

T
F

U.S. Constitution, Article One, Section 5

A
R
“

Each House may determine the rules of
its proceedings...

D

”