H.Res. 38Providing 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.

2 recorded actions228 of these members are on the 2026 ballotWhat the measure does Read on Congress.gov

Sponsor: Mary Gay Scanlon [D-PA-05]
Policy area: Congress
Committee: Rules Committee
Latest action: Jan 12, 2021 · Motion to reconsider laid on the table Agreed to without objection.

IntroducedJan 12, 2021
Passed the HouseJan 12, 2021

What the measure doesCRS summary

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.

Written by the nonpartisan Congressional Research Service, describing H.Res. 38 as passed House on Jan 12, 2021. It is not the text of the measure; a later amendment may have changed what it does.

Roll calls on H.Res. 382 roll calls on this measure

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Jan 12, 2021Each bar: ✓ Yea from the bottom, ✕ Nay aboveJan 12, 2021

How every member votedHouse roll call 12

House Jan 12, 2021 · the primary vote

On Ordering the Previous Question

Providing for consideration of H. Res. 21

Passed

219 Yea 206 Nay 7 not voting

Party-line vote No voting member broke with their own party.

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How the chamber split

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DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present

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All members432 members

Democratic221 members

Republican211 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.