The Congress must then assemble within 48 hours if not in session. The Congress then has 21 days to decide the issue. If within the 21 days allotted two-thirds of each House of Congress vote that the President is incapacitated, Section 4 states that the Vice President would continue to be Acting President.ection 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.