PlainBillCongress, translated.Legislation. Context. Public interest.Motion to reconsider laid on the table Agreed to without objection.
Congressional Research Service
Version 79 · Reported to House without amendment · May 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.
Showing the opening paragraphs of the official summary.
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.
People & committees
Rep. Baird, Brian [D-WA-3] · D–WA
Legislative record
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Motion to reconsider laid on the table Agreed to without objection.
On passage Failed by the Yeas and Nays: (2/3 required): 63 - 353, 2 Present (Roll no. 219). (text: CR H3665)
House roll call 219 · Individual votesFailed of passage/not agreed to in House: On passage Failed by the Yeas and Nays: (2/3 required): 63 - 353, 2 Present (Roll no. 219).(text: CR H3665)
House roll call 219 · Individual votesOn motion to recommit with instructions Failed by recorded vote: 194 - 221 (Roll no. 218). (text: CR H3677)
House roll call 218 · Individual votesThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3680)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Lofgren motion to recommit with instructions. The instructions contained in the motion seek to require the Committee on the Judiciary to conduct hearings on the subject matter of the joint resolution.
Ms. Lofgren moved to recommit with instructions to Judiciary. (consideration: CR H3677-3678, H3680-3681)
The previous question was ordered pursuant to the rule.
DEBATE - The House proceeded with ninety minutes of debate on H.J. Res. 83.
Rule provides for consideration of H.J. Res. 83 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
Considered under the provisions of rule H. Res. 657. (consideration: CR H3665-3681)
Rule H. Res. 657 passed House.
Rules Committee Resolution H. Res. 657 Reported to House. Rule provides for consideration of H.J. Res. 83 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
Placed on the House Calendar, Calendar No. 181.
Reported adversely by the Committee on Judiciary. H. Rept. 108-503.
Reported adversely by the Committee on Judiciary. H. Rept. 108-503.
Ordered to be Reported Adversely by the Yeas and Nays: 17 - 12.
Committee Consideration and Mark-up Session Held.
Subcommittee on the Constitution Discharged.
Sponsor introductory remarks on measure. (CR H1718-1723)
Referred to the Subcommittee on the Constitution.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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Analyze H.J.Res.83 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
Examine H.J.Res.83 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
Examine H.J.Res.83 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
Examine H.J.Res.83 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.