House Employees Face Background Checks

Summary#

H. Res. 500 would amend Rule XXV of the House of Representatives’ rules; it would not create a statute. Its stated goal is to require criminal background checks for House employees, and it would also require some employees to report certain foreign-government ties. The resolution has been referred to the House Rules Committee and is not yet in effect.

  • The U.S. Capitol Police would conduct a criminal background check for each House employee during each Congress. The Chief Administrative Officer must make agreements with the Capitol Police as the officer considers appropriate to carry this out.
  • Employees working on the first day of a Congress would have to undergo the check within 30 days of that day. Employees who start later would have to undergo it within 30 days of starting.
  • The check results could be disclosed only to the head of the employee’s House office.
  • Employees who received a payment from, or had a contract or agreement with, a foreign government in the previous three years would have to report it to the Clerk. Employees who are citizens or nationals of a foreign country would also have to report that status.
  • The Clerk would have to post these reports on the Clerk’s public website. Current employees who must file would have 30 days after the resolution’s adoption.

What it means for you#

  • House employees: You would have to undergo the required criminal background check. If you meet either foreign-reporting condition, you would also have to file a report within 30 days of starting work—or, for a current employee, within 30 days after adoption.
  • House office heads: You could receive the results of checks for employees in your office. The resolution does not say what you must do with the results.
  • The Chief Administrative Officer and Capitol Police: The Chief Administrative Officer must make agreements the officer considers appropriate; the Capitol Police would conduct the checks.
  • The Clerk and the public: The Clerk would have to publish the required foreign-ties reports online. The resolution does not make criminal background check results public.
  • Other members of the public: The resolution does not directly change your rights, taxes, or access to House services.

Money#

No cost information is in the available material.

  • The resolution requires background checks and agreements to carry them out, but provides no estimate of staffing or operating costs and no funding amount.

What is unclear#

  • The current House rules were not supplied, so it is not possible to verify what background-check or foreign-ties reporting rules already exist.
  • The resolution does not explain what the criminal check covers, how errors can be corrected, or what happens if a check finds a criminal record.
  • It does not define “employee of the House” or explain how the reporting rules apply to different kinds of House employment.
  • It is unclear how the 30-day check deadline for employees already working on the first day of a Congress would apply if the resolution takes effect after that deadline has passed.
  • The resolution does not specify how many checks may be needed, how they will be arranged, or how the reporting rules interact with any existing requirements.

Case for#

  • A possible argument for the bill is that office heads would receive criminal background-check results for House employees, giving them information about people working in their offices.
  • Requiring reports about recent payments or agreements with foreign governments could give the House and public information about certain foreign-government ties.
  • Publishing those reports would make the information accessible to the public rather than keeping it only within the House.

Case against#

  • The resolution does not set standards for the checks or explain how an employee can challenge inaccurate information or what consequences may follow.
  • The foreign-ties reports would be public, but the resolution does not explain how sensitive or disputed information would be handled.
  • It does not specify costs or provide an estimate, even though checks and agreements to carry them out would be required.
  • The check deadline may be difficult to apply to the 119th Congress if the resolution is adopted after the first 30 days.