[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 38 Reported in House (RH)]

<DOC>





                                                   House Calendar No. 1
117th CONGRESS
  1st Session
H. RES. 38

                           [Report No. 117-1]

 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.


_______________________________________________________________________


                    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.

    Resolved, 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.
    Sec. 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.
    Sec. 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.
    Sec. 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.
                                                   House Calendar No. 1

117th CONGRESS

  1st Session

                               H. RES. 38

                           [Report No. 117-1]

_______________________________________________________________________

                               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.

_______________________________________________________________________

                            January 12, 2021

        Referred to the House Calendar and ordered to be printed