House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

House Rules Changes Affecting Committee
May 28, 2021
Procedure in the 117th Congress (2021-2022)
Jane A. Hudiburg
As agreed to in the House, H.Res. 8, a resolution adopting the rules of the House of
Analyst on Congress and
Representatives, provided amendments to the rules, as well as separate orders, that affect
the Legislative Process
committee procedure in the 117th Congress (2021-2022). Several of these changes apply to

general committee procedure, including legislative and oversight authority, while others concern
specific committees, such as modifications to committee requirements, jurisdictions, or service

limitations. The rules package also established one select committee and reauthorized two select
committees and one select subcommittee.
H.Res. 8 changed or clarified procedures related to committee hearings and markup meetings. Among those changes, it
amended House rules to require, “to the extent practicable,” witnesses to submit financial disclosures prior to testifying
before committees. It codified in the standing rules a separate order from the 116th Congress to require hearings and markups
for certain bills and joint resolutions being considered under the terms of a special rule. It made explicit that subcommittee
hearings may be held to fulfill the Member Day hearing requirement carried over from the 116th Congress, and it clarified the
prohibition against the use of recorded committee proceedings for partisan campaign purposes.
As amended, House rules in the 117th Congress explicitly state that committees (and chairs, if authorized) may issue
subpoenas to any individuals within the United States and specifically, the current or former President or Vice President and
their current or former employees. Furthermore, committees and chairs may issue subpoenas in a succeeding Congress if the
chair or committee was authorized to do so in the preceding Congress.
In regard to the public availability of legislative text, H.Res. 8 requires committees, in the 117th Congress, to make publicly
available the text of all amendments offered in markup meetings, including failed or withdrawn amendments. (Previously,
committees were required to post only agreed-to amendments.) It removed the requirement that committees make their record
votes available for “inspection by the public” in their offices. In the 117th Congress, it is sufficient for committees to post
their votes on House-sponsored websites.
The rules package carried forth provisions in H.Res. 965 (116th Congress), which enabled, pursuant to a special order, remote
committee proceedings during pandemic “covered periods.” In addition, it amended the rules to allow committees to file
reports electronically and to accept electronic signatures on certain committee documents. These amendments codified
practices that were temporarily permitted in the 116th Congress pursuant to H.Res. 965.
H.Res. 8 established the Select Committee on Economic Disparity and Fairness in Growth . It also reauthorized the Select
Subcommittee on the Coronavirus Crisis, the Select Committee on the Climate Crisis , and the Select Committee on the
Modernization of Congress. In addition, the rules package made minor changes specific to the Committees on House
Administration, Armed Services, and Ethics.

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Contents
Introduction ................................................................................................................... 1
General Committee Procedure........................................................................................... 1
Hearings and Markup Procedure .................................................................................. 1
“Truth-in-Testimony” Witness Statements ................................................................ 1
Required Markup for Certain Bills and Joint Resolutions............................................ 2
Member Day Hearing Requirement ......................................................................... 3
Restricted Use of Audio and Video Recordings ......................................................... 3
Committee Oversight, Activities and Investigations ........................................................ 4
Subpoena Authority .............................................................................................. 4
Committee Oversight Plans ......................................................................................... 5
Public Availability Requirements ................................................................................. 5
Committee Votes .................................................................................................. 5
Committee Amendments ....................................................................................... 5
Remote Committee Activity ........................................................................................ 6
Remote Meetings ................................................................................................. 6
Electronic Filing of Reports and Electronic Signatures ............................................... 6
Committee on House Administration.................................................................................. 7
Remote Voting by Secure Technology ........................................................................... 7
Committee on Armed Services .......................................................................................... 7
Clarification of Jurisdiction (Marine Corps and Space Force) ........................................... 7
Committee on Ethics ....................................................................................................... 8
Service on Committee ................................................................................................ 8
Ethics Investigations .................................................................................................. 8
Select Committee Establishment and Reauthorization ........................................................... 8
Select Committee on Economic Disparity and Fairness in Growth: Establishment ............... 9
Select Subcommittee on the Coronavirus Crisis: Reauthorization ...................................... 9
Select Committee on the Climate Crisis: Reauthorization ............................................... 10
Select Committee on the Modernization of Congress: Reauthorization............................. 11

Contacts
Author Information ....................................................................................................... 11

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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

Introduction
On January 4, 2021, the House agreed to H.Res. 8, the rules package for the 117th Congress
(2021-2022). H.Res. 8 readopted the standing rules of the previous Congress, with amendments,
and also established several new standing orders.1
This report analyzes the changes to House rules in the 117th Congress that affect House
committees, including changes to general committee procedures and procedures affecting specific
standing or select committees or subcommittees.2 It identifies procedures that have been altered
or removed, as wel as additions and clarifications to House rules as compared to standing rules in
force during the 116th Congress (2019-2020).3
General Committee Procedure
Hearings and Markup Procedure
“Truth-in-Testimony” Witness Statements
H.Res. 8 amended Rule XI, clause 2(g)(5), subparagraphs (B) and (D), to augment the existing
requirements for “truth in testimony” statements submitted by certain witnesses appearing before
House committees. Several changes were made to increase disclosure requirements for non-
governmental witnesses. Additional y, in the 117th Congress, the statements of governmental and
non-governmental witnesses are to be made publicly available prior to the appearance “to the
extent practicable.”
As amended, subparagraph (B) expands the requirements for witnesses appearing in a non-
governmental capacity to include disclosure of grants, in addition to payments and contracts,

1 T he House agrees to its standing rules as one of the first orders of business at the start of each new Congress.
Generally, as in H.Res. 8, the House agrees to the same rules as the previous Congress, with amendments to those rules
and separate orders packaged as a simple House resolution. Separate orders are provisions that have the same force and
effect as rules but are not codified in the standing rules of the House. T hey generally remain in effect for the duration of
the Congress unless a subsequent resolution provides for their adjustment.
2 T his report does not address changes related to the budget process, floor procedure (unless affected by committee
procedure), separate orders that are the same as those agreed to in the 116 th Congress (e.g., a separate order regarding
deposition authority), or the administration of Congress (i.e., the establishment and duties of the Office of Diversity and
Inclusion and the Office of the Whistleblower Ombuds, modifications to the Code of Official Conduct, employee
training and protections, and congressional member organizations). For information about changes to budget and
appropriations procedure, see CRS Report R46659, Changes to House Rules Affecting the Congressional Budget
Process Included in H.Res. 8 (117th Congress), by Megan S. Lynch and James V. Saturno . For information about
changes to floor procedure, see CRS Report R46790, House Rules Changes Affecting Floor Proceedings in the 117th
Congress (2021-2022), by Jane A. Hudiburg.
3 See H.Res. 8; U.S. Congress, House, Rules of the House of Representatives, One Hundred Seventeenth Congress,
prepared by Cheryl L. Johnson, Clerk of the House of Representatives, 117 th Cong., 1st sess., 2021; U.S. Congress,
House, Constitution, Jefferson’s Manual and the Rules of the House of Representatives of the United States One
Hundred Sixteenth Congress (hereinafter House Manual, 116th Congress), 115th Cong., 2nd sess., 2019 (Washington:
GPO, 2019); U.S. Congress, House Commit tee on Rules, H.Res. 8, Adopting the Rules for the 116th Congress, Section-
by-Section Analysis (hereinafter Section-by-Section), 117th Cong., 1st sess., 2021; and Charles W. Johnson, John V.
Sullivan, and T homas J. Wickham Jr., House Practice: A Guide to the Rules, Precedents, and Procedures of the House
(Washington: GPO, 2017). For information on changes to committee procedure in the 116th Congress, see CRS Report
R45731, House Rules Changes Affecting Com m ittee Procedure in the 116th Congress (2019 -2020), by Jane A.
Hudiburg.
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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

awarded by foreign governments. Furthermore, in the 117th Congress witnesses must disclose
whether they are fiduciaries of any organization or entity “that has an interest in the subject
matter of the hearing.”4
Subparagraph (B) was also amended to specify that non-governmental witnesses must disclose
such applicable grants, contracts, or payments received by the witness, or service as a fiduciary of
an applicable organization or entity, during the past 36 months. In prior Congresses, the look-back
period covered “the current year or either of the two previous calendar years.”5 Thus, if the
hearing took place in January, the disclosure period could be as short as 25 months. In the 117th
Congress, the rules provide for a full three-year period regardless of how early in a calendar year
the hearing takes place.
Subparagraph (D) was amended to make a witness’s statement, “to the extent practicable,”
publicly available 24 hours in advance of the witness’s appearance before the committee. If the
statement is not posted prior to the appearance, the availability must occur “not later than one day
after the witness appears.” Previously, this provision required witnesses’ statements to be
available “not later than one day after” their appearance before the committee.
Required Markup for Certain Bills and Joint Resolutions
H.Res. 8 codified in House rules a separate order previously contained in the 116th Congress rules
package (H.Res. 6) that required certain bil s and joint resolutions to be reported and be subject to
related committee hearings and markups prior to floor consideration. Otherwise, “it shal not be in
order” to consider them on the House floor pursuant to a special rule reported by the Committee
on Rules.6 These changes in procedure, contained in a new subparagraph of clause 3(c) of Rule
XIII and a new clause (12) of Rule XXI, are not in effect before March 1 of an odd-numbered
year. However, for the 117th Congress, the effective date of the provision was moved to April 1,
2021, pursuant to a separate order.7
In the 117th Congress, for a bil or joint resolution to be considered under the terms of a special
rule, it must be reported by a committee (clause 12, Rule XXI), and the accompanying committee
report must include a list of related committee and subcommittee hearings with at least one
hearing designated as used to develop or consider the measure (clause 3(c)(6), Rule XIII). As in
the previous Congress, these provisions do not apply to measures that continue appropriations for
a fiscal year, contain an emergency designation under Section 251(b)(2) or Section 252(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985, are not referred to committee, or
are listed on the Consensus Calendar and are designated for consideration (clause 7, Rule XV).8
These rules changes require most bil s and joint resolutions to go through the committee hearing
and markup process before being considered under the terms of a special rule. However, the
House could use other procedures to consider legislation that avoids these requirements. Special
rules can include “waivers” of al or certain types of points of order against consideration of a bil

4 As amended, Rule XI, clause 2(g)(5) defines fiduciary as “(including, but not limited to, a director, officer, advisor, or
resident agent) of any organization or entity that has an interest in the subject matter of the hearing.”
5 House Manual, 116th Congress, §798.
6 For more information about the use of special rules, see CRS Report R43424, Considering Legislation on the House
Floor: Com m on Practices in Brief, by Elizabeth Rybicki.
7 According to a summary prepared by the Rules Committee majority staff, the separate order delayed the effective date
of the rule “because of the challenges facing committees operating during a pandemic;” Section-by-Section; H.Res. 8.
8 For information about procedures related to the Consensus Calendar, see CRS Report R46485, The House Consensus
Calendar: Establishm ent, Principal Features, and Practice in the 116th Congress (2019 -2020), by Jane A. Hudiburg.
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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

and could presumably waive these new hearing, markup, and reporting requirements.
Alternatively, a measure with supermajority support could be taken up under the suspension of
the rules procedure or by unanimous consent and not be subject to the hearing or markup
requirement.9
Member Day Hearing Requirement
Pursuant to a separate order contained in H.Res. 8, most committees are mandated, as in the 116th
Congress, to hold at least one Member Day hearing. For the 117th Congress, the separate order
clarifies that hearings held in subcommittees may be used to fulfil this requirement.10 The
separate order states, in part, that “each standing committee (other than the Committee on Ethics)
or each subcommittee thereof (other than a subcommittee on oversight) shal hold a hearing at
which it receives testimony from Members, Delegates, and the Resident Commissioner on
proposed legislation within its jurisdiction.”11
The standing committees are to hold a Member Day hearing in the first session of the Congress,
except the Committee on Rules, which “may hold such hearing during the second session.”
According to the Section-by-Section analysis of H.Res. 8, the Committee on Rules holds its
Member Day hearing in the second session “in order to receive testimony on proposed changes to
the standing rules for the next Congress.”12
Restricted Use of Audio and Video Recordings
H.Res. 8 expanded the restriction against using broadcast coverage of committee hearings and
markups in political campaigns. Pursuant to clause 4 of Rule XI, committees are to broadcast, by
audio and visual means, hearings and meetings that are open to the public and to adopt, in their
rules, specific regulations related to those broadcasts. As stated in the rule, the purpose of
broadcasting committee proceedings is to provide a means for the “education, enlightenment, and
information of the general public.”13 Accordingly, it is “the intent” of clause 4 that Members are
not to use these recordings for political purposes.
H.Res. 8 struck the phrase radio and television tapes and television film in clause 4(b) and
replaced it with audio and video recordings. Thus, recordings of committee proceedings,
regardless of the technology involved, are not to be used for “any partisan political campaign
purpose or be made available for such use.”

9 See CRS Report R46364, Suspension of the Rules: House Practice in the 115th Congress (2017 -2018), by Jane A.
Hudiburg.
10 In the 116th Congress, the separate order in H.Res. 6 did not contain the phrase or each subcommittee thereof (other
than a subcom m ittee on oversight).
11 H.Res. 8 (117th Congress).
12 Section-by-Section.
13 Clause 4(a)(1), Rule XI.
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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

Committee Oversight, Activities and Investigations
Subpoena Authority
Issuance of Subpoenas to Current and Former Executive Officials
H.Res. 8 added a new subparagraph to clause (2)(m)(3) of Rule XI, which authorizes a committee
or a subcommittee, for the purpose of carrying out its functions and duties, to “require, by
subpoena or otherwise, the attendance and testimony of such witnesses and the production of
such books, records, correspondence, memoranda, papers, and documents as it considers
necessary.”14 The additional subparagraph (D) explicitly states that committees and
subcommittees (and committee chairs if authorized under committee rules) have the authority to
issue subpoenas to “any person or entity, whether governmental, public, or private, within the
United States.”15
The specified authority includes, but is not limited to, current and former executive branch
officials and White House staff—specifical y, any individual who has served or is serving as
President or Vice President, as wel as their current or former employees.16According to the Rules
Committee’s Section-by-Section analysis, the new subparagraph “is not a change to, but rather a
clearer affirmation of, existing authorities.”17
Continuing Authority to Issue Subpoenas and Act in Litigation
H.Res. 8 amended clause 8(c) of Rule II to clarify that, for matters related to litigation, a chair of
a committee or a committee (or the Speaker or the House at large) is authorized to issue a
subpoena in a succeeding Congress if the individual or entity was authorized do so in the
preceding Congress. Prior to amendment, the rule stated that the House, the Speaker, a
committee, or the chair of a committee had the authority to “take such steps as may be
appropriate” to continue an investigation spanning more than one Congress.
In the 117th Congress, the rule’s additional phrase, including, but not limited to, the issuance of
subpoenas, explicitly states that appropriate steps include the issuance of subpoenas. This change
is intended to ensure that committees and their chairs, if previously authorized, have the authority
to “immediately reissue subpoenas, prior to the organization of their committees, to ensure
litigation can continue uninterrupted.”18

14 Clause 2(m)(1)(B), Rule XI.
15 Pursuant to House Rule XI, clause 2(m), House committees and subcommittees have the power to authorize (decide
to issue) subpoenas for the purposes of fulfilling their oversight duties. Clause 2(m)(3) of the rule allows committees to
delegate this power to the committee chair “ under such rules and under such limitations as the committee may
prescribe.” Some House committee rules provide that only the committee (by majority vote) may authorize a subpoena,
while other committees’ rules extend the power to authorize and issue a subpoena to the chair under some or all
circumstances. See CRS Memorandum, House Com m ittee Rules Regarding the Authorization and I ssuance of
Subpoenas (116th Congress), by Jane A. Hudiburg (available to congressional staff upon request to the author) .
16 As adopted by H.Res. 8, clause 2(m)(3)(D) of Rule XI states: “Subpoenas for documents or testimony may be issued
to any person or entity, whether governmental, public, or private, within the United States, including, but not limited to,
the President, and the Vice President, whet her current or former, in a personal or official capacity, as well as the White
House, the Office of the President, the Executive Office of the President, and any individual currently or formerly
employed in the White House, Office of the President, or Executive Office of the President.”
17 Section-by-Section.
18 Section-by-Section.
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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

Committee Oversight Plans
As in previous Congresses, clause 2(d)(1) of Rule X requires chairs of each standing committee
(excluding the Committees on Appropriations, Ethics, and Rules) to submit oversight plans to the
Committees on Oversight and Reform and House Administration not later than March 1 of the
first session of a Congress. These documents provide the committees’ upcoming plans to review
laws, programs, or agencies within the committees’ jurisdictions.
H.Res. 8 amended clause 2(d)(2) of Rule X to add a new subparagraph (F) encouraging
committees to include in their oversight plans a section that discusses how the committee intends
to “address issues of inequities on the basis of race, color, ethnicity, religion, sex, sexual
orientation, gender identify, disability, age, or national origin.” Committees are to “give priority
consideration” to provide such a discussion in their plans.
Public Availability Requirements
Committee Votes
H.Res. 8 amended clause 2(e)(1)(B)(i) of Rule XI to strike the phrase inspection by the public at
reasonable times in its offices as it pertains to public access to committee votes. Instead, record
votes (except votes taken in executive session of the Committee on Ethics) only need to be made
“publicly available in electronic form.” Thus, in order to fulfill the requirement, it is sufficient for
committees to post the results of record votes on House-sponsored websites. According to the
Section-by-Section document, this rules change “modernizes the requirement for committees to
make the results of record votes” available to the public.
H.Res. 8 also specifies that record votes taken in the Committee on Ethics’ executive session
“may not be made publicly available without an affirmative vote of a majority of the members of
the committee.” The rule previously referenced making such recorded votes “available for public
inspection.” As in previous Congresses, clause 2(e) requires that, with the Ethics Committee
exception, committees are required to make publicly available any record vote “within 48 hours
of such record vote.”19
Committee Amendments
Clause 2(e) of Rule XI mandates that “each committee shal keep a complete record of al
committee actions.” In prior Congresses, the “record” was to include the text of any committee-
approved amendments. As amended, clause 2(e)(6) requires that committee chairs make publicly
available the text of al amendments, including failed or withdrawn amendments, offered in
committee markups.20
Previously, the provision required chairs to post the text of agreed-to amendments within 24
hours after their adoption. The amended rule maintains the 24-hour time period for adopted
amendments and adds a new requirement that the text of any other offered amendment must be
made publicly available in electronic form not later than 48 hours after its “disposition or
withdrawal.”

19 Notwithstanding clause 2(e)(1)(B)(i) of Rule XI, the Committee on Ethics is not required to make record votes taken
in executive session publicly available “without an affirmative vote of a majority of the members of the committee.”
See clause 2(e)(1)(B)(ii) of Rule XI; House Manual, 116th Congress, §795.
20 T his requirement applies only to amendments offered to pending text in a markup meeting. It not applicable to
proposed or pre-submitted amendments that are not formally offered in a markup at the appropriate time.
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House Rules Changes Affecting Committee Procedure in the 117th Congress (2021-2022)

Remote Committee Activity
Remote Meetings
By separate order, Section 3 of H.Res. 8 continues, with slight modifications, the remote
committee procedures provided for in H.Res. 965 (116th Congress). H.Res. 965 enabled al
committees to conduct official committee proceedings remotely during pandemic-related
“covered periods.” With the exception of those meetings held by the Committee on Ethics, these
remote committee meetings were required to remain open to the public. Remote meetings were
also to be conducted in accordance with additional regulations submitted for printing in the
Congressional Record by the chair of the Committee on Rules.21
H.Res. 8 removes the H.Res. 965 requirement that a committee, prior to holding its first virtual
meeting, notify the Speaker that the committee had met the requirements in the supplemental
regulations and was “prepared to conduct a remote meeting and permit remote participation.”22
As in the 116th Congress, during covered periods, committees may conduct entirely virtual or
hybrid meetings, Members participating remotely may vote and count toward quorum
requirements (provided that they remain onscreen), and witnesses may testify and be sworn in
remotely.23
Electronic Filing of Reports and Electronic Signatures
H.Res. 8 amended clause 2 of Rule XIII to al ow committees to deliver their reports to the Clerk
in electronic form.24 In addition, it amended clause 2 of Rule XI to enable committee members to
electronical y sign any supplemental, minority, additional, or dissenting views associated with
committee reports. These amendments codified practices that were temporarily permitted
pursuant to H.Res. 965 (116th Congress).
Prior to H.Res. 965, committees delivered reports (aside from privileged reports filed from the
floor) in paper form to the Clerk for printing and placement on the proper calendar. The adoption
of H.Res. 965 enabled committees to submit reports in electronic form, via email attachments,
during pandemic “covered” periods.
In the 117th Congress, committees may submit reports electronical y, and committee members
may electronical y sign supplemental views, at any time. That is, the covered period designation
is not required to enable such electronic submissions.

21 H.Res. 965 states, in part: “[A]t any time after the Speaker or the Speaker’s designee is notified by the Sergeant -at-
Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in
effect, the Speaker or the Speaker’s designee, in consultation with the Minority Leader or the Minority Leader’s
designee, may designate a period (hereafter in this resolution referred to as a ‘covered period’).” T he House Committee
on Rules posts information related to emergency remote proceedings on the web page Key Docum ents: Congressional
Em ergency Rem ote Proceedings at https://rules.house.gov/press-releases/key-documents-congressional-emergency-
remote-proceedings.
22 H.Res. 965 (116th Congress).
23 U.S. Congress, House Committee on Rules, Remote Committee Proceedings Regulations Pursuant to House
Resolution 8, 117th Cong., 1st sess., 2021, https://rules.house.gov/sites/democrats.rules.house.gov/files/
RemoteCommitteeProceedingsRegulations117th.pdf.
24 Committee staff may submit reported measures and committee reports in pdf format —and electronic versions of all
files used to produce the report and the reported measure—to the Clerk of the House. House staff members may access
the Quick Guide to Electronic Filing of Committee Reports at https://housenet.house.gov/sites/housenet.house.gov/
files/documents/quick-guide-electronic-filling-committee-report_0.pdf.
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Committee on House Administration
Remote Voting by Secure Technology
By separate order, H.Res. 8 requires the chair of the Committee on House Administration, in
consultation with the ranking member, to identify “specific operable and secure technology” that
may be used for remote voting in the House. Furthermore, the chair shal identify and submit the
technology to the Speaker, and to the chair and ranking member of the Committee on Rules, and
“provide certification of such submission to the House.”
This separate order builds on a similar mandate in H.Res. 965 (116th Congress), which, among its
provisions, authorized remote voting “by proxy” in the House and remote committee proceedings
during a pandemic-related “covered period.” (See “Remote Committee Activity” in this report.)
Section 5 of H.Res. 965 also required the chair of the Committee on House Administration to
“study the feasibility of using technology to conduct remote voting in the House” and to provide
certification to the House “upon a determination that operable and secure technology exists.”
The 117th Congress separate order requires the House Administration Committee chair to submit
specific technology, rather than determine that such operable and secure technology exists (an
action that occurred in the 116th Congress).25 Otherwise, the provisions of Section 5 of H.Res. 965
apply in the 117th Congress. That is, following the certification of technology, the chair of the
Committee on Rules, upon consultation with the ranking member, is to submit regulations for the
implementation of remote voting in the House. This submission would enable such voting to
occur without any additional House vote once the Speaker notifies the House that the regulations
have been submitted.26
Committee on Armed Services
Clarification of Jurisdiction (Marine Corps and Space Force)
H.Res. 8 amends clause 1(c) of Rule X to clarify that the Marine Corps and the Space Force are
within the jurisdiction of the Committee on Armed Services. In the 117th Congress, Rule X
specifies that the committee’s jurisdiction is to include Marine Corps and Space Force
reservations and establishments (subparagraph 1) and the size and composition of the Marine
Corps and Space Force (subparagraph 13).
In the 116th Congress, the National Defense Authorization Act (P.L. 116-92) re-designated the Air
Force Space Command as the United States Space Force. The Space Force is a military service

25 U.S. Congress, Committee on House Administration, Staff Report on Feasibility of Remote Voting in the United
States House of Representatives Pursuant to House Resolution 965, Sec. 5, 17, 116th Cong., 2nd sess., (2020); U.S.
Congress, Committee on House Administration, T he Report on the Activities of the Committee on House
Administration during the 116th Congress, 116th Cong., 2nd sess., 2020, H.Rept. 116-707 (Washington: GPO, 2020), pp.
82-83.
26 Remote voting “by proxy” authorizes a Member to vote in the House chamber on behalf of another Member. In
contrast, remote voting by secure technology would enable a Member to vote off-site without requiring the on-site
presence of another Member. According to the House report that accompanied H.Res. 965, the implementation of
remote voting technology ensures “that were the pandemic situation to further deteriorate, making even a limited
presence of Members in the House Chamber extremely difficult, the House will still be able to vote on critical
legislation.” U.S. Congress, House Committee on Rules, Authorizing Rem ote Voting by Proxy in the House of
Representatives, 116th Cong., 2nd sess., May 14, 2020, H.Rept. 116-420 (Washington: GPO, 2020), p. 22.
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within the Department of the Air Force, while the Marine Corps operates as part of the
Department of the Navy. According to the Rules Committee’s Section-by-Section analysis, the
changes in the text of Rule X do not substantively alter the Committee on Armed Services’
jurisdiction and are “clarifying and technical in nature.”27
Committee on Ethics
Service on Committee
The House rules package for the 117th Congress expanded the number of Congresses that a chair
or ranking member may serve on the Committee of Ethics. Pursuant to Rule X, clause 5(a)(3)(B),
Members could serve on the committee for no more than three Congresses within a period of five
successive Congresses. However, clause 5(a)(3)(C) previously al owed Members to serve for a
fourth Congress if they did so as chair or ranking member. H.Res. 8 amended subparagraph (C) to
al ow Members to serve on the committee during a fourth or fifth Congress only as either the
chair or ranking member.
The Committee of Ethics is bipartisan in design, composed of five members of the majority party
and five members of the minority party.28 In the 117th Congress, the rules change continues to
limit non-leadership committee members to three terms, “disregarding for this purpose any
service for less than a full session in a Congress.”29
Ethics Investigations
Pursuant to H.Res. 8, clause 3 of Rule XI is amended so that the phrase Delegate, Resident
Commissioner is inserted after Member in multiple places to clarify that Delegates and the
Resident Commissioner of Puerto Rico are subject to or may participate in investigations
conducted by the Committee on Ethics. The change in text affects subparagraphs (b), (k), (n), and
(r), which concern investigations into the “official conduct of a Member, Delegate, Resident
Commissioner, officer, or employee of the House,” and subparagraph (m), providing for
investigative subcommittees, which “shal be composed of four Members, Delegates, or the
Resident Commissioner (with equal representation from the majority and minority parties).”
Select Committee Establishment and
Reauthorization
H.Res. 8 established the Select Committee on Economic Disparity and Fairness in Growth;
reauthorized the Select Subcommittee on the Coronavirus Crisis, which was first established in
April 2020; and reauthorized the Select Committee on the Climate Crisis and Select Committee

27 Section-by-Section.
28 Clause 5(3)(A) of Rule X; House Manual, 116th Congress, §759. For more information about the Committee on
Ethics, see CRS Report 98-15, House Com m ittee on Ethics: A Brief History of Its Evolution and Jurisdiction , by Jacob
R. Straus.
29 Clause 5(3)(B) of Rule X; House Manual, 116th Congress, §759.
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on the Modernization of Congress, which were first established at the start of the 116th
Congress.30
Select Committee on Economic Disparity and Fairness in Growth:
Establishment
H.Res. 8 established a Select Committee on Economic Disparity and Fairness in Growth. The
select committee’s “sole authority” is to “investigate, study, make findings, and develop
recommendations on policies, strategies, and innovations to make our economy work for
everyone.”
The select committee does not have the legislative authority to report bil s or resolutions or the
legal authority to issue subpoenas or take depositions. However, it can submit policy, subpoena,
and deposition recommendations to the relevant standing committees and hold public hearings in
support of its investigations. It is to otherwise function under the rules governing standing
committees, except that it is not required to submit an oversight plan pursuant to clause 2(d) of
Rule X, and membership to the select committee does not count against the limits on the number
of standing committees a Member may serve on pursuant to clause 5(b)(2) of Rule X.
The select committee is composed of 15 Members, Delegates, or the Resident Commissioner. The
Speaker is to appoint the committee’s members and designate a chair from the membership. Six
members are to be selected at the recommendation of the minority leader.
H.Res. 8 requires the select committee to coordinate with and advise the relevant standing
committees “with respect to policy related to economic fairness, access to education, and
workforce development.” From “time to time” during the Congress, the select committee may
report its findings and policy proposals to the House and to the standing committees with
jurisdiction. Al policy recommendations are due to the relevant committees by December 31,
2021, and any reports to the House are to be submitted by December 31, 2022. The
recommendations and House reports shal be made publicly available no later than 30 calendar
days following their respective deadlines for submission.
Select Subcommittee on the Coronavirus Crisis: Reauthorization
The rules of the 117th Congress re-established the Select Subcommittee on the Coronavirus Crisis,
which was initial y authorized in the 116th Congress, pursuant to H.Res. 935, as a select
investigative subcommittee of the Committee on Oversight and Reform. The select
subcommittee’s authority includes overseeing federal efforts to mitigate the pandemic’s public
health and economic crises, investigating reports of fraud or “other abusive practices related to
the coronavirus crisis,” and studying the impact of the virus on the economy and on “different
communities and populations.”31
H.Res. 8 states that the first seven sections of H.Res. 935 (116th Congress) shal apply in the 117th
Congress “in the same manner” as in the 116th Congress. Sections 1-3 of the earlier resolution
established the subcommittee and its mandate to “conduct a full and complete investigation and

30 For more information about the reauthorized select committees, see CRS Report R45724, House Select Committee on
the Modernization of Congress: Structure and Procedures, by Ida A. Brudnick and Mark J. Oleszek; and CRS Report
R45731, House Rules Changes Affecting Com m ittee Procedure in the 116th Congress (2019 -2020), by Jane A.
Hudiburg.
31 H.Res. 935 (116th Congress).
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study and issue a final report to the House of its findings” regarding the “efficiency, effectiveness,
equity, and transparency of the use of taxpayer funds and relief programs to address the
coronavirus crisis.”32
Sections 4, 5, and 7 concern the select subcommittee’s and the chair’s investigatory authority.
Section 6 provides that membership to the select committee does not count against the limits on
the number of standing committees a Member may serve on pursuant to clause 5(b)(2) of Rule X.
The remaining three sections in H.Res. 935, which are not applicable in the 117th Congress,
provided for the subcommittee’s funding and termination.
Select Committee on the Climate Crisis: Reauthorization
By separate order, H.Res. 8 reauthorizes the Select Committee on the Climate Crisis with four
changes made to the separate order that initial y established the select committee in the 116th
Congress. These changes are: (1) revisions related to the committee’s investigative role, (2) a new
section clarifying the select committee’s coordination with relevant standing committees, (3) a
new section concerning records obtained at the recommendation of the select committee, and (4)
revised dates for the select committee to submit policy recommendations and reports to the
House. According to the Rules Committee majority, these changes are “modest modifications” to
the select committee’s authority.33 Otherwise, the separate order contained in the 116th Congress’s
rules package (H.Res. 6) applies “in the same manner” to the 117th Congress.34
The H.Res. 8 separate order clarifies that the select committee’s investigatory jurisdiction
includes “environmental justice.”35 In both Congresses, the committee was to “investigate, study,
make findings, and develop recommendations on policies, strategies, and innovations to achieve
substantial and permanent reductions in pollution and other activities that contribute to the
climate crisis to be good stewards of the planet for future generations.” The 117th Congress
separate order adds the phrase and advance environmental justice to that jurisdiction, while it
strikes a subsequent sentence stating that the select committee may “hold public hearings in
connection with any aspect of its investigative functions.” Notwithstanding the modified text, the
select committee may continue to hold public hearings in support of its investigations.36
In addition, the 117th Congress separate order makes explicit the requirement that the select
committee is to “coordinate and advise standing committees with relevant jurisdiction with
respect to such policies, strategies, and innovations.”37 As part of this coordination, “any records
obtained by a standing committee pursuant to a subpoena or deposition recommended by the
Select Committee” may be transferred to the select committee. By December 31, 2021, the select

32 Pursuant to Section 2 of H.Res. 935 (116th Congress), the select subcommittee shall be composed of 12 Members,
Delegates, or the Resident Commissioner. T he Speaker is to appoint the subcommitte e’s members and designate a chair
from the membership. Five members are to be selected at the recommendation o f the minority leader. T hese members
are not required to be members of the Committee on Oversight and Reform.
33 Section-by-Section.
34 H.Res. 8 (117th Congress).
35 As in the 116th Congress, the select committee does not have legislative jurisdiction in the 117th Congress, meaning
that it cannot report a bill or resolution.
36 As of May 10, 2021, the select committee had held two hearings in the 117 th Congress. See
https://climatecrisis.house.gov/committee-activity/hearings.
37 T he 116th Congress separate order in H.Res. 6 implies the coordination requirement in its reporting provision: “The
Select Committee may report to the House or any committee of the House from time to time the results of its
investigations and studies, together with such detailed findings and policy recommendations as it may deem advisable.”
T his provision also applies in the 117th Congress. See H.Res. 6 (116th Congress) and H.Res. 8 (117th Congress).
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committee is to submit any policy recommendations to the relevant standing committees, and by
December 31, 2022, it is to submit its report(s) to the House.
Select Committee on the Modernization of Congress:
Reauthorization
By separate order, H.Res. 8 reauthorizes the Select Committee on the Modernization of Congress
with two changes to the separate order that first established the select committee in the 116th
Congress. As in the previous Congress, the select committee does not have legislative authority
but is authorized to “investigate, study, make findings, hold public hearings, and develop
recommendations on modernizing Congress.”38
The 117th Congress separate order changes the date for the select committee to make its final
report to the House “not later than December 21, 2022.”39 The separate order also removes the
previous termination date of February 1, 2020, without establishing a new one. However, the
select committee wil terminate at the end of the 117th Congress unless the House terminates the
select committee earlier or reauthorizes it at the start of the 118th Congress.

Author Information

Jane A. Hudiburg

Analyst on Congress and the Legislative Process

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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copy or otherwise use copyrighted material.

38 H.Res. 6 (116th Congress).
39 T he committee was originally set to make its final report at the end of the first session of the 116 th Congress.
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