The
committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the joint
resolution (S.J. Res. 1) 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, having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows: In lieu of the matter
proposed to be inserted by the House amendment insert
the following:
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 only if
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.
Section 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.
Section 3.
Whenever the President transmits to the President pro
tempore of the Senate and 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 to them a written
declaration to the contrary, such powers and duties
shall be discharged by the Vice President as Acting
President.
Section 4.
Whenever the Vice President and a majority of either
the principal officers of the executive departments or
of such other body as Congress may by law provide,
transmit to the President pro tempore of the Senate
and the Speaker of the House of Representatives their
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.
Thereafter, when the President transmits to the
President pro tempore of the Senate and the Speaker of
the House of Representatives his written declaration
that no inability exists, he shall resume the powers
and duties of his office unless the Vice President and
a majority of either the principal officers of the
executive department or of such other body as Congress
may by law provide, transmit within four days to the
President pro tempore of the Senate and the Speaker of
the House of Representatives their written declaration
that the President is unable to discharge the powers
and duties of his office. Thereupon Congress
shall decide the issue, assembling within twenty-one
days after receipt of the latter written declaration,
or, if Congress is not in session within twenty-one
days after Congress is required to assemble,
determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties
of his 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.
And
the House agree to the same.
Emanuel
Celler
Byron G. Rogers
James C. Corman
William M. McCulloch
Richard H. Poff,
Managers on the Part of the House
Birch E. Bayh, Jr.
James O. Eastland
Sam J. Ervin, Jr.
Everett M. Dirksen
Roman L. Hruska,
Managers on the Part of the Senate