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H.Res. 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.

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H.Res. 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.

117th Congress · introduced 2021-01-12 · Congress · Latest: Motion to reconsider laid on the table Agreed to without objection.

federal

Follow this bill, step by step

  1. Where it came from: introduced 2021-01-12 · official record
  2. Who proposed it: Rep. Scanlon, Mary Gay [D-PA-5] · what a sponsor is
  3. What happened next: 2 recorded votes in our records. Latest: House roll call 12 (2021): On Ordering the Previous Question, HRES38 (2021-01-12), Passed. See all
  4. Where it stands now: Motion to reconsider laid on the table Agreed to without objection. Not final yet: this can still change. We check for updates every day.
  5. If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.

What does this mean?

Official title

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.

Plain 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.

Congressional Research Service summary (Passed House), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

A Yea supports adopting this resolution.

A “Nay” vote

If it is not passed, current law stays as it is.

PSI Sci description of the legislative step (not an opinion).

What does this mean? (plain words)

Official text

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.

Source: Congressional Research Service summary (Passed House)

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The strongest published arguments

Arguments for (supporters)

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Arguments against (opponents)

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Alternatives

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. Scanlon, Mary Gay [D-PA-5] · 0 cosponsors

Cost estimate: No cost estimate published yet.

Sponsor's campaign money: Rep. Scanlon, Mary Gay [D-PA-5] reported raising $1.3 million (2025–2026). Details. Shown for context only; it does not mean any donor supported this bill.

Recorded votes

Words on this page, explained (4)
Appropriation
Money a legislature sets aside by law for a specific purpose. Government agencies may spend public money only as it has been appropriated.
Resolution
A formal statement or decision by a legislative body. Simple resolutions often only express an opinion or set rules for one chamber; they do not become law.
Roll-call vote
A vote where each member's position is recorded by name, so the public can see how every member voted. "Yea" means yes, "Nay" means no, "Present" means the member was there but did not take a side.
Rulemaking
The process agencies use to write regulations that carry out laws passed by Congress or a legislature. Usually an agency publishes a proposed rule, takes public comments, then publishes a final rule.

Plain meanings written from linked sources. All words.

Sources

Record fed-us-cong117-hres38 · catalog fed-us-congress-bills-cong117 · updated 2026-11-15 by psicol fed-bills-cong117