H.Res. 38House117th Congress (2021-2023)Passed Congress

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.

Introduced January 12, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:18 PM UTC

The resolution lets the House consider another resolution (H.Res.21) that asks Vice President Pence to use the 25th Amendment to declare President Trump unable to carry out his duties and to make the VP the acting President. It also sets rules for debate on that matter and creates a procedure for fining members who fail to wear masks as required by the Speaker’s policy.

Key Provisions

  • Allows the House to consider H.Res.21 without any point‑of‑order objections.
  • Waives the usual prohibition on personal attacks during debate on the 25th‑Amendment measures.
  • Specifies that H.Res.21 and any special order for H.Res.24 are the measures to be considered.
  • Authorizes the Sergeant‑at‑Arms to fine any Member, Delegate, or Resident Commissioner who does not wear a mask, with the fine processed under existing House rules.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

11 earlier actions
HouseFloor Latest Action

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

January 12, 2021 • 9:15 PM

View full timeline
HouseIntro Referral

Introduced in House

January 12, 2021

HouseFloor

Considered as privileged matter. (consideration: CR H126-131)

January 12, 2021 • 6:19 PM

HouseFloor

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

January 12, 2021 • 6:19 PM

HouseCommittee

The House Committee on Rules reported an original measure, H. Rept. 117-1, by Ms. Scanlon.

January 12, 2021

HouseFloor

Rule provides for consideration of H. Res. 21 with 1 hour of general debate. Bill is closed to amendments.

January 12, 2021 • 6:26 PM

HouseCalendars

Placed on the House Calendar, Calendar No. 1.

January 12, 2021

HouseFloor

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.

January 12, 2021 • 7:05 PM

HouseFloor

Considered as unfinished business. (consideration: CR H131-133)

January 12, 2021 • 7:32 PM

HouseFloor

On ordering the previous question Agreed to by the Yeas and Nays: 219 - 206 (Roll no. 12). (consideration: CR H131-132)

January 12, 2021 • 8:28 PM

HouseFloor

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

January 12, 2021 • 9:14 PM

HouseFloor

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

January 12, 2021 • 9:14 PM

HouseFloor

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

January 12, 2021 • 9:15 PM

Floor Debate

21 members

What members said about H.Res. 38 on the floor

10 Republicans11 Democrats
Jaime Herrera Beutler
Rep. Jaime Herrera BeutlerR-WA-3 · Jul 28, 2021

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, first, let me commend Chairman Ryan for his cooperation on this bill. He has worked in good faith with me and my staff to…

Joseph D. Morelle
Rep. Joseph D. MorelleD-NY-25 · Feb 2, 2021

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 85 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Warren Davidson
Rep. Warren DavidsonR-OH-8 · Jan 12, 2021

Mr. Speaker, I thank the Vice President for his excellent leadership, for his professionalism, and, frankly, for his faithfulness to our Constitution. Not only would it be an abuse of the 25th…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jan 12, 2021

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 38 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Feb 2, 2021

Mr. Speaker, I thank Mr. Morelle for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, today's rule provides for consideration of two pieces of…

Show 8 more
Tom Cole
Rep. Tom ColeR-OK-4 · Jan 12, 2021

Mr. Speaker, I thank my friend, the gentlewoman from Pennsylvania (Ms. Scanlon) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Just a few days ago, the…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Jan 12, 2021

Mr. Speaker, pursuant to House Resolution 38, I call up the resolution (H. Res. 21) calling on Vice President Michael R. Pence to convene and mobilize the principal officers of the executive…

Patrick Ryan
Rep. Patrick RyanD-NY-19 · Jul 28, 2021

Madam Speaker, pursuant to House Resolution 567, I call up the bill (H.R. 4346) making appropriations for Legislative Branch for the fiscal year ending September 30, 2022, and for other purposes, and…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jan 12, 2021

Accountability comes before healing, but healing should come. If we look at the Constitution, we will clearly see that Mr. Raskin's resolution fits the language: an inability to be able to discharge…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 28, 2021

Madam Speaker, I thank the gentleman for yielding. I am pleased to come to the floor to salute him for his leadership as chair of this very important subcommittee of the Committee on Appropriations…

Tom Cole
Rep. Tom ColeR-OK-4 · Feb 2, 2021

Mr. Speaker, I want to thank my good friend, the distinguished Member from Texas, for yielding. Today's rule sets in motion a process for considering H. Con. Res. 11, a shell budget for fiscal year…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 2, 2021

Mr. Speaker, as a senior member of the Committees on the Judiciary, on Homeland Security, on the Budget, and as the Member of Congress for a congressional district that has experienced the worst of…

Marjorie Taylor Greene
Rep. Marjorie Taylor GreeneR-GA-14 · Jan 12, 2021

Mr. Speaker, I would like to quote the President of the United States: ``I know that everyone here will soon be marching over to the Capitol Building to peacefully and patriotically make your voices…

Show 11 more
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 28, 2021

Mr. Speaker, I thank the gentleman for making that point, although I am somewhat sorry because I was going to make the same point. But I am going to make another point. First of all, let me say to…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jan 12, 2021

Mr. Speaker, I thank the gentleman for yielding and applaud him and salute him as a constitutional scholar, an intellectual resource, and the force of justice that he has been as he has crafted and…

John Garamendi
Rep. John GaramendiD-CA-3 · Jan 12, 2021

Mr. Speaker, I rise today with great sadness and anger over the events that transpired on January 6, and I rise with steadfast determination to take every possible action to ensure that those who…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Feb 2, 2021

Mr. Speaker, I thank the gentleman from New York (Mr. Morelle), a distinguished member of the Committee on Rules, for yielding to me. Mr. Speaker, I support the underlying measures before us today,…

Michael F. Doyle
Rep. Michael F. DoyleD-PA-18 · Jan 12, 2021

Mr. Speaker, I rise today in support of the resolution urging Vice President Pence and the Cabinet to remove President Trump from office. In the interest of full disclosure, I want to make it clear…

Ashley Hinson
Rep. Ashley HinsonR-IA-1 · Feb 2, 2021

Mr. Speaker, I rise today to oppose the previous question, and I do so in support of our students. Our amendment would ensure that students get back in schools safely and soon. Students have been out…

Jim Jordan
Rep. Jim JordanR-OH-4 · Jan 12, 2021

Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from the great State of California (Mr. McClintock). Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Cline). Mr. Speaker, I…

Matt Gaetz
Rep. Matt GaetzR-FL-1 · Jan 12, 2021

Mr. Speaker, well, they may be calling on the Vice President, but based on his letter, he is not answering. Everybody in this country knows that they wanted to impeach President Trump on his first…

Jason Smith
Rep. Jason SmithR-MO-8 · Feb 2, 2021

Mr. Speaker, I want to thank the gentleman from Texas for yielding, and we are thrilled that he is on the Budget Committee. The rule puts in motion a process to spend trillions of dollars on a…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jan 12, 2021

Mr. Speaker, I rise in strong support of H. Res. 21, calling on Vice President Pence to invoke his powers under the 25th Amendment. We are in the midst of a national emergency and President Trump…

Steve Womack
Rep. Steve WomackR-AR-3 · Jul 28, 2021

Mr. Speaker, I ask unanimous consent to include the text of the amendment in the Record immediately prior to the vote on the motion to recommit. Mr. Speaker, I offer this motion to recommit for one…

Bill Text

2 versions available

Reading Mode
Latest
Engrossed in HouseIssued January 12, 2021

H. RES. 38

In the House of Representatives, U. S.,

January 12, 2021

RESOLUTION

That upon adoption of this resolution it shall be in order without intervention of any point of order to consider in the House 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. The amendment to the preamble printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. The resolution, as amended, shall be considered as read. The previous question shall be considered as ordered on the resolution and preamble, as amended, to adoption without intervening motion or demand for division of the question except 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.

2.

The prohibition against personality in debate shall not apply during consideration of measures specified in section 3 of this resolution with respect to references to the President.

3.

The measures referred to in section 2 of this resolution are as follows:

(a)

House Resolution 21.

(b)

Any special order of business providing for the consideration of House Resolution 24.

4.
(a)

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; and

(2)

a fine imposed pursuant to this section 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—

(A)

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.

(b)

Subsection (a) establishes a standard of conduct within the meaning of clause 3(a)(2) of rule XI.

Clerk.