[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3816 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3816

   To amend section 19 of title 3, United States Code, to allow the 
 President to choose between possible successors in case of the event 
that, by reason of certain circumstances, there is neither a President 
nor Vice President to discharge the powers and duties of the office of 
                               President.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2002

  Mr. Sherman (for himself and Mr. Davis of Illinois) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 19 of title 3, United States Code, to allow the 
 President to choose between possible successors in case of the event 
that, by reason of certain circumstances, there is neither a President 
nor Vice President to discharge the powers and duties of the office of 
                               President.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Succession Act of 
2002''.

SEC. 2. PRESIDENTIAL CHOICE OF SUCCESSORS.

    Section 19 of title 3, United States Code, is amended--
    (a) in subsection (a)--
            (1) by striking paragraph (1) and inserting the following:
    ``(a)(1) If, by reason of death, resignation, removal from office, 
inability, or failure to qualify, there is neither a President nor Vice 
President to discharge the powers and duties of the office of 
President, then the individual holding the office designated under 
paragraph (3) shall, upon his resignation as a Representative in 
Congress and from the office designated in paragraph (3), act as 
President.''; and
            (2) by inserting at the end the following:
    ``(3)(A) The President shall submit to the Clerk of the House of 
Representatives notification in writing of the designation of the 
office of Speaker of the House of Representatives or the office of 
Minority Leader of the House of Representatives as the office 
designated for the purposes of this subsection.
    ``(B) The notification submitted by the President pursuant to 
subparagraph (A) shall remain in effect until the President submits a 
later notification pursuant to subparagraph (A), and shall not be 
rendered ineffective by the expiration of any Presidential term.
    ``(C) Until such time as the President first submits a notification 
pursuant to subparagraph (A), for purposes of paragraph (1) the office 
of Speaker of the House of Representatives is deemed to be the office 
designated under this paragraph.'';
    (b) by striking subsection (b) and inserting the following:
    ``(b)(1) If, at the time when under subsection (a) the individual 
holding the office designated under subsection (a)(3) is to begin the 
discharge of the powers and duties of the office of President, there is 
no individual holding the office designated under subsection (a)(3) or 
the individual holding such office fails to qualify as Acting 
President, the individual holding the office designated under paragraph 
(2) shall, upon his resignation as Senator and from the office 
designated under paragraph (2), act as President.
    ``(2)(A) The President shall submit to the Secretary of the Senate 
a notification in writing of the designation of the office of Majority 
Leader of the Senate or the office of Minority Leader of the Senate as 
the office designated for the purposes of this subsection.
    ``(B) The notification submitted by the President pursuant to 
subparagraph (A) shall remain in effect until the President submits a 
later notification pursuant to subparagraph (A), and shall not be 
rendered ineffective by the expiration of any Presidential term.
    ``(C) Until such time as the President first submits a notification 
pursuant to subparagraph (A), for purposes of paragraph (1) the office 
of Majority Leader of the Senate is deemed to be the office designated 
under this paragraph.'';
    (c) in subsection (c), by striking ``of this section'';
    (d) in subsection (d)(1)--
            (1) by striking ``President pro tempore'' and inserting 
        ``individual holding the office designated under subsection 
        (b)(2)''; and
            (2) by striking ``of this section'';
    (e) in paragraphs (2) and (3) of subsection (d), by striking ``of 
this subsection''; and
    (f) in subsection (e)--
            (1) by striking ``of this section'' each place it occurs; 
        and
            (2) by striking ``President pro tempore'' and inserting 
        ``individual holding the office designated under subsection 
        (b)(2)''.
                                 <all>