[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 67 Introduced in House (IH)]







107th CONGRESS
  1st Session
H. J. RES. 67

    Proposing an amendment to the Constitution of the United States 
  regarding the appointment of individuals to serve as Members of the 
 House of Representatives in the event a significant number of Members 
    are unable to serve at any time because of a national emergency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2001

Mr. Baird introduced the following joint resolution; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
    Proposing an amendment to the Constitution of the United States 
  regarding the appointment of individuals to serve as Members of the 
 House of Representatives in the event a significant number of Members 
    are unable to serve at any time because of a national emergency.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article --

    ``Section 1. If at any time 25 percent or more of the members of 
the House of Representatives are unable to carry out their duties 
because of death or incapacity, each Governor of a State represented by 
a member who has died or become incapacitated shall appoint an 
otherwise qualified individual to take the place of the member as soon 
as practicable (but in no event later than 7 days) after the member's 
death or incapacity has been certified.
    ``Section 2. An individual appointed to take the place of a member 
of the House of Representatives under section 1 shall serve until a 
member is elected to fill the vacancy resulting from the death or 
incapacity. A member shall be elected to fill the vacancy in a special 
election to be held at any time during the 90-day period which begins 
on the date the individual is appointed under section 1, in accordance 
with the applicable laws regarding special elections in the State 
involved, except that if a regularly scheduled general election for the 
office will be held during such period or 30 days thereafter, no 
special election shall be held and the member elected in such regularly 
scheduled general election shall fill the vacancy upon election. An 
individual appointed under section 1 may be a candidate in such a 
special election or in such a regularly scheduled general election.
    ``Section 3. During the period of an individual's appointment under 
section 1, the individual shall be treated as a Member of the House of 
Representatives for purposes of all laws, rules, and regulations.
    ``Section 4. Congress shall have the power to enforce this article 
through appropriate legislation.''.
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