H.Res. 1030House118th Congress (2023-2025)In Committee

Calling on Vice President Kamala Harris 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 Joseph R. Biden incapable of executing the duties of his office and to immediately exercise powers as Acting President.

Sponsored by Ken BuckRep. Ken Buck (R-CO)
Introduced February 26, 2024

AI-Generated Summary

Updated January 20, 2026 at 2:52 PM UTC

The resolution asks Vice President Kamala Harris to invoke Section 4 of the 25th Amendment, convening the Cabinet to determine that President Joe Biden is unable to carry out his duties, and to immediately assume the powers of Acting President. It targets the President, the Vice President, and the executive branch, aiming to protect national leadership if the President is deemed incapacitated.

Key Provisions

  • Calls on the Vice President to convene the Cabinet officers under the 25th Amendment to assess the President’s capacity.
  • Requests the Vice President to declare the President unable to discharge the duties of the office and to become Acting President.
  • Directs the Vice President to notify the Speaker of the House and the President pro tempore of the Senate that she will assume presidential powers and duties.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

February 26, 2024

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HouseIntro Referral

Introduced in House

February 26, 2024

HouseIntro Referral

Referred to the House Committee on the Judiciary.

February 26, 2024

Bill Text

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Introduced in HouseIssued February 26, 2024

IV

118th CONGRESS

2d Session

H. RES. 1030

IN THE HOUSE OF REPRESENTATIVES

February 26, 2024

Mr. Buck submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

Calling on Vice President Kamala Harris 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 Joseph R. Biden incapable of executing the duties of his office and to immediately exercise powers as Acting President.

Whereas President Joseph R. Biden is the oldest sitting President in United States history at 81 years old;

Whereas President Joseph R. Biden has been televised wandering aimlessly at events, including an event with the King of Jordan at the White House in February 2024, an Asia-Pacific Economic Cooperation summit event in November 2023, and a Global Fund conference in September 2022;

Whereas President Joseph R. Biden frequently speaks publicly in an incoherent and indiscernible manner, often with the aid of a teleprompter, including speeches he gave at a brewery in Wisconsin in January 2024, a speech in Vietnam in September 2023, and a Presidential townhall with CNN in July 2021;

Whereas President Joseph R. Biden has repeatedly fallen while walking up stairs, including the stairs to Air Force One in March 2021, May 2022, February 2023, and February 2024;

Whereas, on February 5, 2024, Special Counsel Robert Hur issued a report finding that President Joseph R. Biden knowingly possessed classified material in his basement and other unsecured locations, but declined to recommend prosecuting President Biden because a jury may find that he is a sympathetic, well-meaning, elderly man with a poor memory;

Whereas the Hur report described President Biden’s recorded conversations with his ghost writer Mark Zwonitzer from 2017 as often painfully slow, with Mr. Biden struggling to remember events and straining at times to read and relay his own notebook entries;

Whereas the Hur report stated that President Joseph R. Biden forgot on the first day of his Special Counsel interview when his term as Vice President ended and forgot on the second day of the interview when his term as Vice President began;

Whereas, on February 4, 2024, President Joseph R. Biden confused speaking to French President Emmanuel Macron with former French President Francois Mitterrand who left office in 1995 and died in 1996;

Whereas, on February 6, 2024, during a White House press conference, President Joseph R. Biden could not recall the name of the terrorist group that attacked Israel on October 7, 2023;

Whereas, on February 7, 2024, President Joseph R. Biden confused speaking to former German Chancellor Angela Merkel with former Chancellor Helmut Kohl who left office in 1998 and died in 2017;

Whereas, on February 8, 2024, during a White House press conference, President Joseph R. Biden reassured reporters that his memory was fine and then referred to Egypt’s President Abdel Fattah el-Sisi as the president of Mexico;

Whereas, on February 22, 2024, President Joseph R. Biden met with Yulia Navalnaya, the widow of the recently deceased Russian opposition leader Alexei Navalny, and minutes after their meeting, President Biden told reporters that it was an honor for him to meet Yolanda;

Whereas, pursuant to article II, section 2 of the Constitution, President Joseph R. Biden serves as Commander in Chief of the Armed Forces and at all times has access to the nuclear football that enables the President to transmit orders to our military leaders to launch a nuclear strike against a foreign adversary in defense of the United States; and

Whereas President Biden represents the interests of the United States before hostile foreign leaders and is authorized to respond to endless domestic and international emergencies, all of which necessitate a leader who is of sound mind: Now, therefore, be it

That the House of Representatives calls upon Vice President Kamala Harris—

(1)

to immediately use her powers under section 4 of the 25th Amendment to convene and mobilize the principal officers of the executive departments in the Cabinet to declare what is obvious to a horrified Nation: That the President is unable to successfully discharge the duties and powers of his office; and

(2)

to transmit to the Speaker of the House of Representatives and the President pro tempore of the Senate notice that she will immediately assume the powers and duties of the office as Acting President.