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.

4/17/2024, 11:45 PM

Summary of Bill HRES 38

Bill 117 H.Res. 38 is a resolution that calls on Vice President Mike Pence to gather the principal officers of the executive departments in the Cabinet to activate section 4 of the 25th Amendment. This section allows for the declaration of President Donald Trump as incapable of carrying out his duties as President. The resolution also urges Vice President Pence to immediately assume the role of acting President. The purpose of this resolution is to address concerns about President Trump's ability to effectively fulfill his responsibilities as President.

Congressional Summary of HRES 38

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.

Current Status of Bill HRES 38

Bill HRES 38 is currently in the status of Bill Introduced since January 12, 2021. Bill HRES 38 was introduced during Congress 117 and was introduced to the House on January 12, 2021.  Bill HRES 38's most recent activity was Motion to reconsider laid on the table Agreed to without objection. as of January 12, 2021

Bipartisan Support of Bill HRES 38

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
0
Democrat Cosponsors
0
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HRES 38

Primary Policy Focus

Congress

Potential Impact Areas

Cardiovascular and respiratory healthCivil actions and liabilityCongressional operations and organizationEmergency medical services and trauma careHealth promotion and preventive careHealth technology, devices, suppliesHouse of RepresentativesInfectious and parasitic diseasesLegislative rules and procedureMembers of CongressWorker safety and health

Alternate Title(s) of Bill HRES 38

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.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.
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Sponsors and Cosponsors of HRES 38