H.Res. 161 explained  ·  119th Congress  ·  Pending in Congress

Providing for consideration of the joint resolution (H.J. Res. 20) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to ‘‘Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters’’; providing for consideration of the joint resolution (H.J. Res. 35) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to ‘‘Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions’’; and providing for consideration of the concurrent resolution (H. Con. Res. 14) establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034.

Create a free account or sign in to follow H.Res. 161 and get alerts. Policy area: Congress Create a free account or sign in to follow the Congress policy area and get alerts. ▲ 602 days since action Sponsor: Erin Houchin, IN-09, R → Congress.gov

Cosponsors: none · per Congress.gov, 2026-10-12

Introduced: 2025-02-25

Latest action (2025-02-25): Motion to reconsider laid on the table Agreed to without objection.

What H.Res. 161 does, in plain terms

This resolution provides for the consideration of three measures. Specifically, it provides for the consideration of H.J. Res. 20, nullifying the rule submitted by the Department of Energy relating to Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters; H.J. Res. 35, nullifying the rule submitted by the Environmental Protection Agency relating to Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions; and H.Con.Res. 14, establishing the congressional budget for FY2025 and setting forth budgetary levels for FY2026 through FY2034.

Official summary by the Congressional Research Service, via Congress.gov.

Constitution Index

“VFA Constitution grade”

A

Constitutionally sound

Graded 2026-10-10

SI-generated grade · five published checks · not individually reviewed by a person · methodology

This resolution is a procedural rule governing floor consideration of three measures. It does not itself enact substantive policy, but merely sets the terms for debate and amendment. The Constitution grants each house of Congress the authority to determine its own rules of proceeding (Article I, Section 5, Clause 2), and this resolution is a classic exercise of that power. It does not infringe on any enumerated right, does not restrict individual sovereignty, does not consolidate power upward beyond the necessary legislative process, and does not implicate due process or takings concerns.

  • ✓ Passes · Enumerated powers
    The resolution is a procedural rule for the House of Representatives. Article I, Section 5, Clause 2 of the U.S. Constitution explicitly grants each house the power to 'determine the Rules of its Proceedings.' This is a direct constitutional authorization for the action taken. The resolution does not itself exercise any substantive legislative power; it merely provides for consideration of other m…
  • ✓ Passes · Bill of Rights
    The resolution does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other right protected by the Bill of Rights. It is a purely procedural measure governing legislative debate. No amendment is implicated.
  • ✓ Passes · Individual sovereignty
    The resolution imposes no restrictions on individual conduct, property, speech, labor, or belief. It does not regulate citizens directly. It only sets the terms for congressional consideration of other measures. The burden of justification for any restriction on individual sovereignty is not triggered because no such restriction exists.
  • ✓ Passes · Decentralization
    This resolution is an internal legislative procedure. It does not involve any action by individuals, local communities, or states. The four-question test is not applicable because the resolution does not consolidate decision-making power at any level of government; it is a necessary function of the legislative branch itself. The House is exercising its own constitutional authority to structure its…
  • ✓ Passes · Due process and takings
    The resolution does not deprive any person of life, liberty, or property, nor does it take private property for public use. It does not bypass any procedural or substantive due process requirements. It is a procedural rule for legislative consideration, and no individual's rights are at stake.

Sources: Congress.gov: HRES 161 summary

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