[Congressional Record Volume 148, Number 1 (Wednesday, January 23, 2002)]
[Senate]
[Page S22]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PRINTING OF S.J. RES. 30

  Mr. SPECTER. Madam President, I ask unanimous consent that the text 
of S.J. Res. 30, a joint resolution I introduced on December 20, 2001, 
be printed in today's Record. I further ask consent that in the 
permanent edition of the Record, the text of the resolution instead 
appear following the statement I issued on December 20, 2001.
  There being no objection, the joint resolution was ordered to be 
printed in the Record, as follows:

                             S. J. Res. 30

       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 7 years after the 
     date of its submission by the Congress:

                              ``Article --

       ``Section 1. If at any time 50 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 a qualified individual to 
     take the place of the Member as soon as practicable, but no 
     later than 7 days, after the Member's death or incapacity has 
     been certified.
       An individual appointed to take the place of a Member of 
     the House of Representatives under this section shall be a 
     member of the same political party as the Member of the House 
     of Representatives who is being replaced.
       ``Section 2. An individual appointed to take the place of a 
     Member of the House of Representatives under section 1 shall 
     serve until an individual is elected to fill the vacancy 
     resulting from the former Member's 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 election laws of 
     the State involved. However, if a regularly scheduled general 
     election for the office will be held during such 90-day 
     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 have all 
     the powers and duties of a Member of the House of 
     Representatives.
       ``Section 4. Congress shall have the power to enforce this 
     article by appropriate legislation.''.

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