[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 92 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. J. RES. 92

    Proposing an amendment to the Constitution of the United States 
                 relating to Congressional succession.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2004

 Mr. Rohrabacher 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 
                 relating to Congressional succession.

    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. Upon the death of a person elected as Representative, 
the duties and powers of that office shall be discharged by his 
designated successor as Acting Representative until a new 
Representative is elected.
    ``Section 2. Whenever a person elected as Representative transmits 
to the Speaker of the House of Representatives his written declaration 
that he is unable to discharge the powers and duties of his office, and 
until he transmits a written declaration to the contrary, such powers 
and duties shall be discharged by his designated successor as Acting 
Representative.
    ``Section 3. Whenever a majority of the potential successors of a 
person elected as Representative transmit to the Speaker of the House 
of Representatives their written declaration that such person is unable 
to discharge the powers and duties of the office of Representative, 
that person's designated successor shall immediately assume the powers 
and duties of that office as Acting Representative. Thereafter, when 
the person elected as Representative transmits to the Speaker of the 
House of Representatives his written declaration that no such inability 
exists, he shall assume or resume the powers and duties of the office 
of Representative.
    ``Section 4. Each person elected as Representative may appoint, in 
ranked order, a number of potential successors no fewer than three and 
no greater than five, provided that such appointments are transmitted 
to the Speaker of the House of Representatives in a publicly available 
written declaration no earlier than one year and no later than 60 days 
prior to the date such person is elected as Representative. The 
designated successor shall be the highest ranked potential successor 
appointed in conformance with this article who meets the qualifications 
for the office of Representative established in this Constitution, or 
if no such person exists, a person meeting such qualifications 
appointed by the executive authority of the same State. Appointments 
pursuant to this section shall be effective during the term of office 
for which the person elected as Representative has been elected.
    ``Section 5. Upon the death of a person elected as Senator the 
duties and powers of that office shall be discharged by his designated 
successor as Acting Senator until a new Senator is elected.
    ``Section 6. Whenever a person elected as Senator transmits to the 
President pro tempore of the Senate his written declaration that he is 
unable to discharge the powers and duties of his office, and until he 
transmits a written declaration to the contrary, such powers and duties 
shall be discharged by his designated successor as Acting Senator.
    ``Section 7. Whenever a majority of the potential successors of a 
person elected as Senator transmit to the President pro tempore of the 
Senate their written declaration that such person is unable to 
discharge the powers and duties of the office of Senator, that person's 
designated successor shall immediately assume the powers and duties of 
that office as Acting Senator. Thereafter, when the person elected as 
Senator transmits to the President pro tempore of the Senate his 
written declaration that no such inability exists, he shall assume or 
resume the powers and duties of the office of Senator.
    ``Section 8. Each person elected as Senator may appoint, in ranked 
order, a number of potential successors no fewer than three and no 
greater than five, provided that such appointments are transmitted to 
the President pro tempore of the Senate in a publicly available written 
declaration no earlier than one year and no later than 60 days prior to 
the date such person is elected Senator. A Senator may also make or 
revise such appointment no earlier than one year and no later than 60 
days prior to a date established by Congress for the regular election 
of Senators and Representatives. Such a midterm appointment or revision 
shall be effective on the next date established by this Constitution 
for the beginning and ending of the terms of Senators and 
Representatives. The designated successor shall be the highest ranked 
potential successor appointed in conformance with this article who 
meets the qualifications for the office of Senator established by this 
Constitution, or if no such person exists, a person meeting such 
qualifications appointed by the executive authority of the same State. 
Appointments pursuant to this section shall be effective during the 
term of office for which the person elected Senator has been elected.
    ``Section 9. The priviso in the second paragraph of the 17th 
article of amendment to the Constitution of the United States is hereby 
repealed.
    ``Section 10. The Congress shall have power to enforce this article 
by appropriate legislation.
    ``Section 11. This article shall take effect at noon on the next 
date established by this Constitution for the beginning and ending of 
the terms of Senators and Representatives following the ratification of 
this article, except for sections 4, 8 and 10, which shall take effect 
upon ratification.''.
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