[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2319 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2319

   To include the Secretary of Homeland Security within the order of 
  Presidential succession which applies in the absence of a qualified 
         President and Vice President, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2003

Mr. Cox (for himself, Mr. Frost, Mr. Vitter, Mr. Baird, Ms. Jackson-Lee 
  of Texas, Mr. Camp, and Mr. Shadegg) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To include the Secretary of Homeland Security within the order of 
  Presidential succession which applies in the absence of a qualified 
         President and Vice President, and for other purposes.

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

SECTION 1. FINDINGS.

    Congress finds as follows:
            (1) The terrorist attacks of September 11th forced all 
        lawmakers to consider the heretofore remote contingency of mass 
        murder directed at our government.
            (2) The protection and survival of our most basic 
        democratic institutions is the most critical homeland security 
        issue facing this country.
            (3) The continuity of the office of the President is vital 
        to the survival of this nation.
            (4) The integrity of the office of the President must be 
        maintained at all times.
            (5) Presidential succession must be certain, well defined, 
        and able to efficiently operate under the most adverse of 
        circumstances.
            (6) The legitimacy of the official taking the office of the 
        President must be assured.
            (7) The least Constitutionally intrusive solution must be 
        found to ensure certain, well defined, and efficient 
        Presidential succession.
            (8) Respecting the intentions of our Founding Fathers is 
        paramount.

SEC. 2. SECRETARY OF HOMELAND SECURITY TO BE INCLUDED IN LINE OF 
              PRESIDENTIAL SUCCESSION; NO DISPLACEMENT OF SUCCESSOR.

    (a) Secretary of Homeland Security.--Section 19(d)(1) of title 3, 
United States Code, is amended by inserting ``Secretary of Homeland 
Security'' after ``Attorney General,''.
    (b) Speaker of the House of Representatives.--Section 19(a)(1) of 
title 3, United States Code, is amended--
            (1) by striking ``If'' and inserting ``When''; and
            (2) by striking ``the Speaker of the House of 
        Representatives'' and inserting ``the person holding the office 
        of Speaker of the House of Representatives at the time such 
        event, inability, or failure occurs''.
    (c) President Pro Tempore of Senate.--Section 19(b) of such title 
is amended by striking ``the President pro tempore of the Senate'' and 
inserting ``the person holding the office of President pro tempore of 
the Senate at such time''.
    (d) No Displacement of Successor.--Section 19(d)(2) of title 3, 
United States Code, is amended by striking ``but not after a qualified 
and prior entitled individual'' and all that follows and inserting the 
following: ``or until the individual's earlier death, resignation, 
removal from office, or inability, unless the individual's discharge of 
the powers and duties of the office is founded in whole or in part on 
the inability of the President or Vice President, in which case the 
individual shall act only until the removal of the disability of the 
President or Vice President.''.

SEC. 3. PREVENTING AUTOMATIC RESIGNATION OF INDIVIDUALS SERVING DURING 
              TEMPORARY INCAPACITY OF PRESIDENT OR VICE PRESIDENT.

    Section 19(d)(3) of title 3, United States Code, is amended by 
striking ``The taking of the oath'' and inserting ``Except in the case 
of an individual acting as President based in whole or in part on the 
inability of the President or Vice President, the taking of the oath''.

SEC. 4. REMOVAL OF ACTING CABINET OFFICERS FROM LINE OF SUCCESSION.

    Section 19(e) of title 3, United States Code, is amended--
            (1) in the first sentence, by striking ``Subsections (a), 
        (b), and (d) of this section shall apply only to such 
        officers'' and inserting ``This section shall apply only to 
        such individuals''; and
            (2) in the second sentence, by inserting after ``advice and 
        consent of the Senate'' the following: ``to the offices 
        designated in subsection (d) of this section''.
                                 <all>