[House Report 117-1]
[From the U.S. Government Publishing Office]


117th Congress     }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                   {         117-1

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 PROVIDING FOR CONSIDERATION OF THE RESOLUTION (H. RES. 21) CALLING ON 
 VICE PRESIDENT MICHAEL R. PENCE TO CONVENE AND MOBILIZE THE PRINCIPAL 
   OFFICERS OF THE EXECUTIVE DEPARTMENTS OF THE CABINET TO ACTIVATE 
 SECTION 4 OF THE 25TH AMENDMENT TO DECLARE PRESIDENT DONALD J. TRUMP 
  INCAPABLE OF EXECUTING THE DUTIES OF HIS OFFICE AND TO IMMEDIATELY 
      EXERCISE POWERS AS ACTING PRESIDENT; AND FOR OTHER PURPOSES

                                _______
                                

  January 12, 2021.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Scanlon, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 38]

    The Committee on Rules, having had under consideration 
House Resolution 38, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H. Res. 21, 
Calling on Vice President Michael R. Pence to convene and 
mobilize the principal officers of the executive departments of 
the Cabinet to activate section 4 of the 25th Amendment to 
declare President Donald J. Trump incapable of executing the 
duties of his office and to immediately exercise powers as 
acting President, under a closed rule. The resolution provides 
one hour of debate equally divided and controlled by the chair 
and ranking minority member of the Committee on the Judiciary 
or their respective designees. The resolution waives all points 
of order against consideration of H. Res. 21. The resolution 
provides that the amendment to the preamble printed in this 
report shall be considered as adopted and H. Res. 21, as 
amended, shall be considered as read. The resolution provides 
that the prohibition against personality in debate with respect 
to references to the President shall not apply during 
consideration of H. Res. 21 or any special order of business 
providing for the consideration of H. Res. 24. The resolution 
provides that during a covered period designated pursuant to 
section 3(s) of House Resolution 8, (1) the Sergeant-at-Arms is 
authorized and directed to impose a fine against a Member, 
Delegate, or the Resident Commissioner for the failure to wear 
a mask in contravention of the Speaker's announced policies of 
January 4, 2021; (2) a fine imposed pursuant to section 4 of 
the resolution shall be treated as though imposed under clause 
3(g) of rule II and shall be administered as though pursuant to 
clause 4(d) of rule II, except that the time periods described 
in clause 3(g)(3)(C) of rule II shall not commence until the 
Committee on Ethics has adopted written rules, and the chair of 
the Committee on Ethics shall notify all Members, Delegates, or 
the Resident Commissioner with pending appeals upon such 
commencement; and (B) a fine subject to appeal under clause 
3(g)(3) of rule II shall proceed unless dismissed within the 
time period provided under clause 3(g)(3)(C) of rule II. This 
establishes a standard of conduct within the meaning of clause 
3(a)(2) of rule XI. By treating fines imposed pursuant to 
section 4 of the resolution as though imposed under clause 3(g) 
of rule II and administered as though under clause 4(d) of rule 
II, the resolution authorizes the Sergeant-at-Arms, the Chief 
Administrative Officer, and the Committee on Ethics to 
establish policies and procedures for the implementation of 
this provision.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H. Res. 21, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 1

    Motion by Mr. Cole to strike sections 2 and 3 of the rule. 
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Yea
Mrs. Torres.....................................          Nay   Mr. Burgess.......................          Yea
Mr. Perlmutter..................................          Nay   Mrs. Lesko........................          Yea
Mr. Raskin......................................          Nay   Mr. Reschenthaler.................          Yea
Ms. Scanlon.....................................          Nay
Mr. Morelle.....................................          Nay
Mr. DeSaulnier..................................          Nay
Ms. Ross........................................          Nay
Mr. McGovern, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 2

    Motion by Ms. Scanlon to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings....................................  ............  Mr. Cole..........................          Nay
Mrs. Torres.....................................          Yea   Mr. Burgess.......................          Nay
Mr. Perlmutter..................................          Yea   Mrs. Lesko........................          Nay
Mr. Raskin......................................          Yea   Mr. Reschenthaler.................          Nay
Ms. Scanlon.....................................          Yea
Mr. Morelle.....................................          Yea
Mr. DeSaulnier..................................          Yea
Ms. Ross........................................          Yea
Mr. McGovern, Chairman..........................          Yea
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      SUMMARY OF THE AMENDMENT TO H. RES. 21 CONSIDERED AS ADOPTED

    1. Nadler (NY): Corrects the legal authority that directs 
the Congress to count electoral votes on January 6 following 
the presidential election.

         TEXT OF AMENDMENT TO H. RES. 21 CONSIDERED AS ADOPTED

    In the first whereas clause, strike ``fixed by the 
Constitution'' and insert ``prescribed under section 15 of 
title 3, United States Code,''.

                                  [all]