Summary: H.J.Res.83 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House without amendment (05/19/2004)

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Constitutional Amendment - Requires an individual, who is elected to serve as a Member of the House of Representatives for a Congress, before taking the oath of office, to present to the chief executive of the State from which the individual is elected a list of at least two qualified nominees to take the individual's place in the event he or she dies or becomes incapacitated before the individual's term of office expires. Allows the individual, after such oath, to revise the list at any time during a Congress.

Provides that if at any time a majority of the whole membership of the House is unable to carry out its duties because of death or incapacity, or if any time the House adopts a resolution declaring that extraordinary circumstances exist which threaten the ability of the House to represent the interests of the people of the United States, the chief executive of any State represented by a Member who is dead or incapacitated at that time shall appoint, from the most recent list, an individual to take the Member's place. Requires: (1) the individual to be appointed as soon as practicable (but in no event later than seven days) after the Member's death or incapacity has been certified; (2) the individual to serve until the Member regains capacity or until another Member is elected to the vacancy; and (3) the State to provide for an election. Allows the appointed individual to be a candidate in the election. States that these provisions do not apply to any Member of the House who dies or becomes incapacitated before the seven-day period which ends on the date on which the event requiring such appointments occurs.

Provides that if the appointed individual is unable to carry out a Member's duties, the chief executive of the State involved shall appoint another individual from the same list of nominees.

Declares that Congress may by law establish the criteria for determining whether a Member of the House or Senate is dead or incapacitated, and shall have the power to enforce this Amendment through appropriate legislation.