H.Res. 38 · 117th Congress · House

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.

In Congress· Motion to reconsider laid on the table Agreed to without objection.
Introduced
Jan 12, 21
Passed House
Jan 12, 21
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

This resolution sets forth the rule 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 Twenty-fifth Amendment to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as acting President.

The resolution also authorizes and directs the Sergeant-at-Arms, during a public health emergency period, 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.

Previous Versions

53Jan 12, 2021

This resolution sets forth the rule for the consideration of H.Res. 21 (calling on Vice President Michael R. Pence to take appropriate actions to declare President Donald J. Trump incapable of executing the duties of his office and to immediately exercise powers as Acting President).

The prohibition against personality in debate shall not apply during such consideration or any special order of business providing for consideration of H.Res. 24 (impeaching President Donald John Trump for high crimes and misdemeanors) with respect to references to the President.

During the 45-day period designated by the Speaker of the House of Representatives in H.Res. 965, 116th Congress (allowing remote voting by proxy in the House and remote official committee procedures during a public health emergency due to a novel coronavirus [e.g., the virus that causes COVID-19])

  • the Sergeant-at-Arms is directed to impose a $500 fine for a first offense and a $2,500 fine for any subsequent offense against a Member, Delegate, or the Resident Commissioner for failure to wear a mask in contravention of the Speaker's announced policies of January 4, 2021; and
  • the fine shall be treated as though imposed and administered under Rule II (Other Officers and Officials) of the Rules of the House.

After the Committee on Ethics receives an appeal of the fine, the 30 calendar days or 5 legislative days, whichever is later, by which the committee must either dismiss the fine or allow it to proceed may not commence until the committee has adopted written rules.

Action Timeline

13
  1. JAN 12, 2021IntroReferral

    Introduced in House

  2. JAN 12, 2021Floor

    Considered as privileged matter

    (consideration: CR H126-131)

    126Yea
    131Nay
    0NV
  3. JAN 12, 2021Floor

    DEBATE - The House proceeded with one hour of debate on H. Res. 38.

  4. JAN 12, 2021Committee

    The House Committee on Rules reported an original measure, H

    Rept. 117-1, by Ms. Scanlon.

    117Yea
    1Nay
    0NV
  5. JAN 12, 2021Committee

    The House Committee on Rules reported an original measure, H

    Rept. 117-1, by Ms. Scanlon.

    117Yea
    1Nay
    0NV
  6. JAN 12, 2021Floor

    Rule provides for consideration of H

    Res. 21 with 1 hour of general debate. Bill is closed to amendments.

  7. JAN 12, 2021Calendars

    Placed on the House Calendar, Calendar No. 1.

  8. JAN 12, 2021Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on H.Res

    38, the Chair put the question on ordering the previous question and by voice vote, announced that the ayes had prevailed. Mr. Cole demanded the yeas and nays and the Chair postponed further proceedings until later in the legislative day.

  9. JAN 12, 2021Floor

    Considered as unfinished business

    (consideration: CR H131-133)

    131Yea
    133Nay
    0NV
  10. JAN 12, 2021Floor

    On ordering the previous question Agreed to by the Yeas and Nays

    Roll Call #12

    219 - 206 (Roll no. 12). (consideration: CR H131-132)

    219Yea
    206Nay
    0NV
  11. JAN 12, 2021Floor

    Passed/agreed to in House

    Roll Call #13

    On agreeing to the resolution Agreed to by the Yeas and Nays: 222 - 204 (Roll no. 13).(text: CR H126)

    222Yea
    204Nay
    0NV
  12. JAN 12, 2021Floor

    On agreeing to the resolution Agreed to by the Yeas and Nays

    Roll Call #13

    222 - 204 (Roll no. 13). (text: CR H126)

    222Yea
    204Nay
    0NV
  13. JAN 12, 2021Floor

    Motion to reconsider laid on the table Agreed to without objection.

Committees

1

Rules Committee

hsru00

Referred: Jan 12, 2021

Active