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.

Bill: 117-hres-38
Sponsor: full_name: Rep. Scanlon, Mary Gay [D-PA-5]
Introduced: 2021-01-12
Policy area: Congress
Subjects: Cardiovascular and respiratory health

Civil actions and liability

Congressional operations and organization

Emergency medical services and trauma care

Health promotion and preventive care

Health technology, devices, supplies

House of Representatives

Infectious and parasitic diseases

Legislative rules and procedure

Members of Congress

Worker safety and health
Latest action: action_date: 2021-01-12
text: Motion to reconsider laid on the table Agreed to without objection.

Summaries:
action_date: 2021-01-12
action_desc: Introduced in House
text: <p>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. </p> <p>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.</p>

action_date: 2021-01-12
action_desc: Passed House
text: <p>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).</p> <p>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.</p> <p>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])</p> <ul> <li> 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 </li> <li>the fine shall be treated as though imposed and administered under Rule II (Other Officers and Officials) of the Rules of the House.</li> </ul> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. RES. 38 In the House of Representatives, U. S., January 12, 2021 RESOLUTION 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.

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.

Cheryl L. Johnson, Clerk.

tv_txt: IV House Calendar No. 1 117th CONGRESS 1st Session H. RES. 38 [Report No. 117–1] IN THE HOUSE OF REPRESENTATIVES January 12, 2021 Ms. Scanlon , from the Committee on Rules , reported the following resolution; which was referred to the House Calendar and ordered to be printed RESOLUTION 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.

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.

January 12, 2021 Referred to the House Calendar and ordered to be printed