determines, by concurrent resolution adopted in each House with the concurrence of two-thirds of the Members thereof present and voting, that there is no person chosen in accordance with this Constitution to be President, or qualified in accordance with section 1 or section 2 of this article to discharge the powers and duties of the office of the President, who is able to discharge the powers and duties of such office, the Congress by concurrent resolution so adopted may designate, or provide for the designation of, a person who shall discharge such powers and duties until a person so chosen or qualified is available for the discharge of such powers and duties.

"SEC. 4. If, at any time at which the Congress is not in session, the President pro tempore of the Senate and the Speaker of the House of Representatives should determine that there is probable cause for belief that there is no person chosen in accordance with this Constitution to be President, or qualified in accordance with section 1 or section 2 of this article to discharge the powers and duties of the office of the President, who is able to discharge the powers and duties of such office, the Congress may be convened in special session, upon the call of the President pro tempore of the Senate and the Speaker of the House of Representatives acting jointly, for the consideration of any concurrent resolution which may be introduced pursuant to section 3 of this article.

"SEC. 5. The sixth paragraph of section 1 article II of this Constitution is repealed.

"SEC. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[S. 3113, 85th Cong., 2d sess.]

A BILL To provide for the determination of the ability of the President to discharge the powers and duties of his office, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 1 of title 3 of the United States Code is amended by adding at the end thereof the following new section: "§ 21. Determination of ability of the President to discharge the powers and duties of his office

"(a) The President pro tempore of the Senate, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the majority leader of the House of Representatives, and the minority leader of the House of Representatives shall constitute a committee for the consideration of any question which may arise as to the inability of the President to discharge the powers and duties of his office. Such committee shall be convened (1) whenever the Vice President, by letter transmitted to the President pro tempore of the Senate and to the Speaker of the House of Representatives, may suggest that doubt exists as to the ability of the President to discharge the powers and duties of his office, or (2) upon request made by any four of the members of such committee. Four members thereof shall constitute a quorum.

"(b) Whenever such committee is convened pursuant to subsection (a), the committee shall determine whether there is probable cause for belief that the President is unable to discharge the powers and duties of his office. If the committee determines, by affirmative vote of not less than four members, that such probable cause exists, the majority leader of the Senate shall introduce in the Senate, and the majority leader of the House shall introduce in the House, a concurrent resolution stating in substance that it has been determined by the Congress that the President is unable to discharge the powers and duties of his office.

"(c) Upon the adoption by both Houses of the Congress, by the affirmative vote of not less than two-thirds of the Members present and voting in each House, of any concurrent resolution introduced pursuant to subsection (b), the powers and duties of the office of President shall devolve upon the Vice President, who shall then discharge such powers and duties until the disability of the President is removed, or until a new President is elected and takes office, whichever occurs earlier.

"(d) Whenever the Vice President has assumed the powers and duties of the office of President, and the President thereafter, by letter transmitted to the President pro tempore of the Senate and to the Speaker of the House of Representatives, advises that in his opinion his inability to discharge the powers and

duties of his office no longer exists, the committee established by subsection (a) shall be reconvened. Upon the basis of such letter, the majority leader of the Senate shall introduce in the Senate, and the majority leader of the House shall introduce in the House, a concurrent resolution stating in substance that it has been determined by the Congress that the inability of the President to discharge the powers and duties of his office no longer exists.

"(e) Upon the adoption by both Houses of the Congress, by majority vote of all Members present and voting in each House, of any concurrent resolution introduced pursuant to subsection (d), the President shall resume the discharge of the powers and duties of his office, and the Vice President shall resume the discharge of the powers and duties of the office of Vice President."

(b) The sectional analysis of chapter 1 of title 3 of the United States Code is amended by adding at the end thereof the following new item:

"21. Determination of ability of the President to discharge the powers and duties of his office"

SEC. 2. (a) The following provisions of this section are enacted by the Congress:

(1) As an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of that House to which they specifically apply; and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) With full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

(b) Rule XIV of the Standing Rules of the Senate is amended by adding at the end thereof the following new paragraph:

"7. Any concurrent resolution introduced pursuant to the provisions of section 21 of title 3 of the United States Code shall upon introduction be placed upon the Calendar without reference to committee. No such concurrent resolution shall be subject to amendment. In debate upon any such concurrent resolution

"(a) no Senator shall be entitled to speak in all more than one hour, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks; and

"(b) no dilatory motion shall be in order, and points of order and appeals from the decision of the Presiding Officer shall be decided without debate." (c) Rule XXII of the Rules of the House of Representatives is amended by adding at the end thereof the following new paragraph:

"6. Any concurrent resolution introduced pursuant to the provisions of section 21 of title 3 of the United States Code shall upon introduction be placed upon the House Calendar without reference to committee."

[S. J. Res. 100, 85th Cong., 1st sess.]

JOINT RESOLUTION Relating to the inability of the President to discharge the powers and duties of his office

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:

"ARTICLE

"SECTION 1. Whenever the two House of Congress shall adopt a resolution declaring that the Congress believes that the President is unable, by reason of physical or mental disability, to discharge the powers and duties of his office, such resolution shall be transmitted to the Supreme Court of the United States, and the Court shall decide whether or not such inability exists. If the Court decides, by a majority vote of the authorized membership, that such an inability exists, the powers and duties of President shall devolve upon the Vice President, or if there be no Vice President, upon the person next in line of succession to the office of President, as provided by law.

"The Vice President or other person upon whom the powers and duties of the President have developed pursuant to proceedings under this article of

amendment shall continue to exercise such powers and duties until the end of the presidential term then in effect, unless it has previously been determined that the inability of the President no longer exists, in which event the President shall reassume the powers and duties of his office. Such a determination shall be made in the same manner as herein provided for determining the question of the President's inability to perform the powers and duties of his office. "For the purposes of this article of amendment, a quorum in each House of Congress shall consist of two-thirds of the total number of members thereof. "SEC. 2. In the event the Congress is not in session, and in the opinion of the Vice President, or if there be no Vice President, the President pro tempore of the Senate, and the Speaker of the House of Representatives circumstances exist which create a doubt as to the ability of the President to discharge the powers and duties of his office, they may by joint action call the Congress into special session for the purpose of considering whether the President is unable to discharge the powers and duties of his office.

"In the event the Congress is not in session, and in the opinion of the President pro tempore of the Senate and the Speaker of the House of Representatives circumstances exist which indicate that the inability which occasioned action pursuant to section 1 no longer exists, they may by joint action call the Congress into special session for the purpose of considering whether or not such inability still exists.

"SEC. 3. The provisions of this article of amendment shall apply to any person upon whom the powers and duties of the office of President have devolved in the same manner such provisions apply to the President.

"SEC. 4. This article shall not apply to any person holding the office of President when this article was proposed by the Congress.

"SEC. 5. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[S. J. Res. 133, 85th Cong., 2d sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to make provision for the Congress to determine the inability of the President of the United States to discharge the powers and duties of his office

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 a part of the Constitution when ratified by the legislatures of three-fourths of the several States:

"ARTICLE

"SECTION 1. The Congress may provide by law for the procedure for (1) determining the inability of the President to discharge the powers and duties of his office, and (2) determining when the inability of the President to discharge the powers and duties of his office has ceased to exist. Upon a determination that the President is unable to discharge the powers and duties of his office, such powers and duties shall devolve upon the Vice President, and shall be discharged by him during the continuance of the disability of the President.

"SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[S. J. Res. 134, 85th Cong., 2d sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to establish a committee to determine the inability of the President to discharge the powers and duties of his office

Resolved by the Senate and House of Representative 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:

"ARTICLE

"SECTION 1. In the case of the removal of the President from office, or his death or resignation, the Vice President shall become President and shall serve until the end of the then current Presidential term. In the case of the inability of the President to discharge the powers and duties of his office, the powers and duties shall devolve upon the Vice President, and shall be discharged by him during the continuation of the inability of the President. During any such period the compensation of the Vice President shall be at the rate then provided by law in the case of the President.

"SEC. 2. The Congress may provide by law for the case of the removal, death, resignation, or inability of both the President and the Vice President, declaring what officer shall then discharge the powers and duties of the office of President, and such officer shall discharge such powers and duties until the disability is removed, or a President is elected.

"SEC. 3. For the purpose of determining the inability of the President to discharge the powers and duties of the office of President, there is hereby established a committee consisting of the Chief Justice of the United States, who shall serve as chairman of such committee and who shall have no vote in any of its proceedings, the leader in the Senate of the political party having the greatest number of Members of the Senate, the leader in the Senate of the political party having the second greatest number of Members of the Senate, the leader in the House of Representatives of the political party having the greatest number of Members of the House of Representatives, the leader in the House of Representatives of the political party having the second greatest number of Members of the House of Representatives, and the heads of the executive departments of the Government.

"SEC. 4. Whenever the Vice President proclaims that in his opinion circumstances exist which establish a reasonable doubt as to whether or not the President is able to discharge the powers and duties of his office, or whenever the Chief Justice of the United States receives communications in writing from any six members of the committee established by section 3 of this article stating that they have reasonable cause to believe that the President is unable to discharge the powers and duties of the office of President, the Chief Justice of the United States shall forthwith call together the members of the committee established by section 3 of this article in order that they may determine whether or not the President is unable to discharge the powers and duties of his office and to vote on the question 'Is the President unable to discharge the powers and duties of his office? If a majority of the authorized membership of such committee decides that question in the affirmative, the President and the Vice President shall be notified by written communication and the Vice President shall discharge the powers and duties of the office of President.

"SEC. 5. The Vice President shall discharge the powers and duties of the office of President under this article until (1) the end of the then current presidential term, or (2) the inability of the President is determined in accordance with section 6 no longer to exist, whichever first occurs.

"SEC. 6. Whenever, during any period in which the Vice President is discharging the powers and duties of the office of President under this article, the Vice President proclaims that the inability of the President to discharge the powers and duties of his office no longer exist, or the Chief Justice of the United States receives communications in writing from any six members of the committee established by section 3 of this article stating that they have reasonable cause to believe that the inability of the President to discharge the powers and duties of his office no long exists, the Chief Justice of the United States shall forthwith call together the members of the committee esablished by section 3 of this article in order that they may determine whether or not the inability of the President to discharge the powers and duties of his office continues to exist. Such committee shall vote on the question 'Does the inability of the President to discharge the powers and duties of his office continue to exist?'. If a majority of the authorized membership of such committee decides that question in the negative, the committee shall notify the President and Vice President by written communication and the President shall then reassume the powers and duties of his office.

"SEC 7. The sixth paragraph of section 1 of article II of this Constitution is repealed.

"SEC. 8. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

[S. 238, 85th Cong., 1st sess.]

A BILL To amend title 3 of the United States Code to provide for the ascertainment of the physical inability of the President to perform the duties of his office and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the analysis of chapter 1 of title 3 of the United States Code (entitled "The President") is amended by inserting at the end thereof the following new item:

"g 21. Ascertainment of the physical inability of the President to discharge his duties." (b) Such chapter is amended by inserting at the end thereof the following new section:

"g 21. Ascertainment of the physical inability of the President to discharge his duties

"(a) In case of the physical inability of the President to discharge the powers and duties of the office of President, he shall so notify the Congress by written communication made to the Speaker of the House of Representatives and to the President pro tempore of the Senate. Upon the transmission of such communication, the powers and duties of such office shall devolve upon the Vice President, who shall discharge them until the President notifies the Congress, by written communication made to the Speaker of the House and to the President pro tempore of the Senate, of his ability to reassume the powers and duties of his office, or until a new President is inaugurated.

“(b) If, at the time of any notification to the Congress by the President of his physical inability to discharge the powers and duties of his office, there is no Vice President, such powers and duties shall devolve, for the duration of such physical inability, upon the appropriate officer in line of succession, as determined pursuant to section 19 of this chapter.

"(c) In case of the death, resignation, removal from office, or physical inability of the Vice President while discharging the powers and duties of the office of the President, such powers and duties shall devolve upon the appropriate officer in line of succession, as determined pursuant to section 19 of this chapter, until the President, or the Vice President in the case of his temporary inability to discharge the powers and duties of such office, notifies the Congress by written communication to the Speaker of the House and the President pro tempore of the Senate of his ability to reassume the powers and duties of such office, or until a new President is inaugurated.

"(d) If the Vice President has sufficient cause to believe that the President is suffering from a physical inability to discharge the powers and duties of his office and by reason thereof is unable to so notify the Congress pursuant to subsection (a), the Vice President shall so notify the Chief Justice of the United States. Upon receipt of any such notice, the Chief Justice shall establish a panel of not less than three or more than five members appointed by him from qualified medical specialists in civil life. Each member of such panel shall examine the President and shall submit individually his report to the Chief Justice, specifying his findings as to the physical condition of the President and his conclusion on the question whether the President is suffering from any physical inability to discharge the powers and duties of his office. If all members of such panel concur in the conclusion that the President is suffering from such physical inability, the Chief Justice shall so notify Congress by written communication made to the Speaker of the House and to the President pro tempore of the Senate. Any such notification shall have the same effect as a notification transmitted by the President to the Congress under subsection (a). "(e) If, at any time at which there is no Vice President, the appropriate officer in line of succession, as determined pursuant to section 19 of this chapter, has sufficient cause to believe that the President is suffering from a physical inability to discharge the powers and duties of his office and by reason thereof is unable to so notify the Congress pursuant to subsection (a), such officer shall so notify the Chief Justice of the United States. Any such notification shall have the same effect as a notification transmitted to the Chief Justice by the Vice President under subsection (d)."

ARTICLE II, SECTION 1, CLAUSE 6 OF THE CONSTITUTION

In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall