Presidential Inability

written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office on the second day following the transmittal of such declaration to the Congress unless, prior to his resumption of such powers and duties, the Vice President transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, in which case the Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office on the tenth day following the transmittal to the Congress of his declaration that no inability exists. Any declaration by the Vice President that the President is unable to resume the powers and duties of his office may be transmitted to the Congress only with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide."

[H.J. Res. 274, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to succession to the Presidency and Vice Presidency and to cases where the President is unable 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 within seven years from the date of its submission by the Congress :

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President until the President declares in writing that no inability exists.

"SEC. 4. If the President does not so declare, and the Vice President with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

"SEC. 5. In any case in which the Vice President has become Acting President pursuant to section 4 of this article, the President shall resume his powers and duties on the second day following his transmittal to the Congress of a written declaration that no inability exists unless, prior to his resumption of such powers and duties, the Vice President transmits to the Congress his written declaration that the President is unable to discharge the powers and duties of his office, in which case the Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office on the tenth day following the transmittal to the Congress of his declaration that no inability exists. Any declaration by the Vice President that the President is unable to resume the powers and duties of his office may be transmitted to the Congress only with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide."

[H.J. Res. 280, 89th Cong., 1st sess.]

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 from the date of its submission by the Congress :

"ARTICLE

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President, with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office."

[H.J. Res. 293, 89th Cong., 1st sess.]

JOINT RESOLUTION To establish a permanent commission on Presidential disability, and for other purposes

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with and pursuant to the provisions of clause 5 of section 1 of article II of the Constitution authorizing the Congress to provide by law for the case of the inability of the President and Vice President until the disability be removed, the Congress hereby declares that the determination of inability of the President or Vice President is a political decision based upon the best, most impartial and nonpartisan expert medical opinion available and that there should be an agency or instrumentality of gov ernment, in which the minority party shall have representation, created for the purpose of making the determination with respect to the inability of the President and the termination of the period of disability.

SEC. 2. As used in this Act

(1) The term "Commission" means the Commission on Presidential Disability established by section 3; and

(2) The term "President" means the President of the United States, including any person on whom the powers and duties of that office may have devolved as provided in clause 5 of section 1 of article II of the Constitution of the United States, and as provided in section 19 of title 3 of the United States Code.

SEC. 3. (a) There is established a commission to be known as the Commission on Presidential Disability to be composed of ten members as follows:

(1) the Vice President of the United States;

(2) the Speaker of the House of Representatives;

(3) the President pro tempore of the Senate;

(4) the Secretary of State;

(5) the Secretary of the Treasury;

(6) the Secretary of Defense;

(7) the majority leader of the Senate;

(8) the minority leader of the Senate;

(9) the majority leader of the House of Representatives; and (10) the minority leader of the House of Representatives. (b) The Vice President shall be Chairman of the Commission.

(d) The Chairman of the Commission shall not be entitled to vote in connection with any declaration of the Commission issued under authority of this joint resolution.

SEC. 4. (a) Whenever, in the opinion of the Chairman or any three members of the Commission, circumstances exist which create a doubt as to the ability of the President to discharge the powers and duties of his office, the Commission shall be convened by the Chairman. After so convening, the Commission may, by a vote of not less than five of the members thereof, issue a declaration that the President is unable to discharge the powers and duties of his office.

(b) The Commission may, in the same manner as provided in subsection (a) of this section for declaring a disability, issue a declaration that any disability with respect to which it issued a declaration under such subsection (a) no longer exists. In case the Commission issues a declaration under this subsection that a disability no longer exists, the person with respect to whom such declaration is issued shall resume the discharge of the powers and duties of the office of President effective as of the date of such declaration, except that this sentence shall not apply with respect to any person acting as President under authority of section 19 (d) of title 3 of the United States Code.

SEC. 5. (a) The President may, by proclamation-

(1) declare that he is unable to discharge the powers and duties of his office; and

(2) before the end of the then current Presidential term, declare that such disability no longer exists.

(b) Whenever the President issues a proclamation under paragraph (2) of subsection (a) of this section, effective as of the date of such proclamation, the powers and duties of the office of President shall be automatically restored to him, and he shall resume the discharge of such powers and duties, except that no such proclamation shall operate to restore the powers and duties of the office of President to any person acting as President under authority of section 19(b) of title 3 of the United States Code.

(c) During any period of disability proclaimed by the President pursuant to the provisions of paragraph (1) of subsection (a) of this section, the Commission shall have no authority to issue a declaration with respect to such disability. SEC. 6. (a) Whenever, in the opinion of the Chairman or any three members of the Commission, circumstances exist which create a doubt as to whether the President is alive, the Commission shall be convened by the Chairman. After so convening, the Commission may, by a vote of not less than five of the members thereof, issue a declaration that the death of the President shall be presumed. (b) The Commission may, in the same manner provided in subsection (a) of this section for issuing a declaration presuming the death of the President, issue a declaration that the President is alive. The person with respect to whom a declaration is issued under this subsection shall resume the discharge of the powers and duties of the office of President effective as of the date of such declaration.

SEC. 7. (a) In any case in which the Commission issues a declaration under section 4(a), or under section 6(a), or the President issues a proclamation under section 5(a) (1), the powers and duties of the office of President shall devolve as provided in clause 5 of section 1 of article II of the Constitution of the United States, or as provided in section 19 of title 3 of the United States Code, as the case may be.

(b) No declaration issued by the Commission under this Act shall be reviewed by any court or officer of the United States.

(c) During the period that the powers and duties of the office of President devolve on the Vice President by reason of a declaration issued under this joint resolution, he shall receive compensation at the rate then provided by law for the President.

SEC. 8. No person who assumes the discharge of the powers and duties of the office of President solely by reason of a disability of the President declared or proclaimed under authority of this joint resolution shall remove from office the Secretary of State, the Secretary of the Treasury, or the Secretary of Defense, except with the approval of not less than a majority of the members of the Commission who are Members of the Congress.

SEC. 9. (a) The Commission may, for the purpose of carrying out the provisions of this joint resolution, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission may deem advisable. Subpenas may be issued over the signature of the Chairman of the Commission, and may be served by any person designated by him. provisions of sections 102 to 104, inclusive, of the Revised Statutes of the United States (2 U.S.C. 192-194), shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.

The

(b) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this joint_resolution; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman.

(c) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without regard to the provisions of the civil service laws and the Classification Act of 1949, as amended.

(d) The Commission may procure, without regard to the civil service laws and the classification laws, temporary and intermittent services to the same extent as is authorized for the departments by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), but at rates not to exceed $50 per diem for individuals.

(e) Employment of an individual by the Commission as an attorney or expert in any business or professional field, on a part-time or full-time basis, with or without compensation, shall not be considered as employment bringing such individual within the provisions of sections 281, 283, 284, 434, or 1914 of title 18 of the United States Code, or section 190 of the Revised Statutes of the United States (5 U.S.C. 99).

SEC. 10. (a) Members of Congress who are members of the Commission shall serve without compensation in addition to that received for their services as Members of Congress, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their functions as members of the Commission.

(b) The members of the Commission who are in the executive branch of the Government shall serve without compensation in addition to that received for their services in the executive branch, but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their functions as members of the Commission.

SEC. 11. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.

SEC. 12. This Act shall take effect on enactment.

[H.J. Res. 294, 89th Cong., 1st sess.]

JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relating to Presidential inability

the United States, and 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 case of the removal of the President from office, or his death or resignation, the said office shall devolve on the Vice President. In case of the inability of the President to discharge the powers and duties of the said office, the said powers and duties shall devolve on the Vice President until the inability be removed. The Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then be President, or in case of inability, act as President, and such officer shall be or act as President accordingly, until a President shall be elected or, in case of inability, until the inability shall be earlier removed. The commencement and termination of any inability shall be determined by such method as Congress shall by law provide.

"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 to the States by the Congress."

[H.J. Res. 302, 89th Cong., 1st sess.]

"ARTICLE

"SECTION 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

"SEC. 3. If the President declares in writing that he is unable to discharge the powers and duties of his office, such powers and duties shall be discharged by the Vice President as Acting President.

"SEC. 5. Whenever the President transmits to the Congress his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President, with the written concurrence of a majority of the heads of the executive departments or such other body as Congress may by law provide, transmits within two days to the Congress his written declaration that the President is unable to discharge the powers and duties of his office. There upon Congress will immediately decide the issue. If the Congress determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise the President shall resume the powers and duties of his office."

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Presidential Inability: Hearings, Eighty-ninth Congress, First Session