Constitution Index · H.Res. 1399 · 2026-06-30

Directing the Committee on Ethics to preserve and publicly release records relating to monetary settlements involving acts of sexual harassment.

Latest official status (2026-06-30): Motion to reconsider laid on the table Agreed to without objection.

Official source ↗

Constitutional grade

A

Constitutional

House internal transparency rule squarely authorized by Article I, Section 5, Clauses 2-3. It spends no new private regulation, restricts no citizen liberty, centralizes no power, and takes no property. Any fairness concern about naming Members is mitigated because listing is limited to matters resulting in taxpayer-funded payments.

Article I, Section 5 Article I, Section 5, Clause 2 Article I, Section 5, Clause 3 Article I, Section 8, Clause 3 Amendment I Amendment II Amendment IV Amendment V Amendment IX Amendment X Amendment VI Amendment VII

SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com

The five checks

Enumerated powers · passes

The House has explicit authority over its own proceedings and discipline. Article I, Section 5, Clause 2 provides each House may determine the Rules of its Proceedings and punish its Members for disorderly Behaviour. Directing the Committee on Ethics and the Office of Congressional Workplace Rights to inventory and publish settlement records tied to Rule XXIII clauses 9 and 18 is a direct exercise of that rulemaking, oversight, and disciplinary power, plus the Article I, Section 5, Clause 3 journal and record-keeping function. No reliance on Article I, Section 8, Clause 3 or other substantive legislative power over private conduct is needed.

Bill of Rights · passes

No provision compels speech, restricts press, assembly, religion or petition under the First Amendment, disarms under the Second Amendment, or authorizes searches under the Fourth Amendment. The resolution discloses House records about use of taxpayer funds for settlements, which furthers First Amendment petition and press oversight values. Naming Members linked to taxpayer-paid settlements touches reputation, protected in part by the Fifth Amendment liberty interest and Ninth Amendment retained rights, but disclosure of official expenditure is not a criminal sanction, speech ban, or prior restraint, so no Bill of Rights violation occurs.

Individual liberty · passes

The resolution restricts no private person in their body, property, speech, labor, or belief. It imposes a transparency duty on House institutions regarding taxpayer funds, not a mandate, prohibition, or license on citizens. Members voluntarily holding federal office accept heightened public accountability for use of public funds under Article I, Section 5, so disclosure of names only where a review involved sexual harassment rules and resulted in taxpayer payment is a justified, narrowly tied accountability measure with the burden met by the public interest in preventing secret use of public money.

Decentralization · passes

This is internal House self-governance, the lowest possible level for this function. (1) Individuals or families cannot audit and release House Ethics and Office of Congressional Workplace Rights settlement records. (2) Local or county government cannot manage House disciplinary records. (3) States cannot regulate House proceedings. (4) It does not consolidate power upward to the executive, judiciary, or federal regulation of states; it keeps decision-making inside the House under Article I, Section 5. No Tenth Amendment issue.

Due process and takings · passes · severity: minor

Under the Fifth Amendment Due Process and Takings Clauses, there is no deprivation of life, liberty, or property without notice and hearing, and no physical or regulatory taking requiring just compensation. The resolution orders disclosure of amounts already paid and a consolidated list where taxpayer funds were used; it imposes no fine, forfeiture, imprisonment, or property seizure, and creates no criminal adjudication triggering Sixth Amendment trial or Seventh Amendment jury rights. Any reputational harm from truthful disclosure of expenditure-linked reviews is governed by legislative Speech or Debate privilege and does not equal a due process violation, though the House should rely on accurate records to avoid arbitrary listing.

Provenance

Grade ID
276
Rubric version
vfa-constitutional-grade/1.0
Graded
2026-10-08 15:20 UTC
Engine
primary SI engine
Source fetched
2026-10-08 09:43 UTC
Source SHA-256
9bf4f5daaf3c3d1c41f5ab1eaf2cfdf4e81cef5334337d8232c3cc0a41f38c39
Checks
si-editorial-standard/1.0: real Constitution citation, language rules
  • Official text: HRES 1399 (Engrossed in House) · fetched 2026-10-08 · official page ↗

Version history · never overwritten

GradeGradedRubric Source hashStatus
A · #276 2026-10-08 vfa-constitutional-grade/1.0 9bf4f5daaf3c current

Cite this

Values for America. “Constitutional grade: H.Res. 1399, Directing the Committee on Ethics to preserve and publicly release records relating to monetary settlements involving acts of sexual harassment..” VFA Constitution Index, grade 276 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/276. Accessed 2026-10-19.

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