[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2749

   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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2003

   Mr. Sherman (for himself, Mr. Baird, Mr. Conyers, and Mr. Fattah) 
 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, 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. SHORT TITLE.

    This Act may be cited as the ``Presidential Succession Act of 
2003''.

SEC. 2. PRESIDENTIAL SUCCESSION.

    Section 19 of title 3, United States Code, is amended to read as 
follows:
``Sec. 19 Vacancy in offices of both President and Vice President; 
              officers eligible to act
    ``(a) 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 highest individual on the succession list who is 
eligible to the office of President under the Constitution, not under 
disability to discharge the powers and duties of the office of 
President, and not disqualified under subsection (f), shall act as 
President.
    ``(b) An individual acting as President under this section shall 
continue to so act until the expiration of the then current 
Presidential term except that--
            ``(1) if his discharge of the powers and duties of the 
        office is founded in whole or in part on the failure of both 
        the President-elect and the Vice-President-elect to qualify, 
        then he shall act only until a President or Vice President 
        qualifies; and
            ``(2) if his 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, then he shall act only until the 
        removal of the disability of one of such individuals.
    ``(c) For purposes of this section, the term `succession list' 
means the following list: the individual holding the office designated 
in subsection (d), the individual holding the office designated in 
subsection (e), the Secretary of State, the Secretary of the Treasury, 
the Secretary of Defense, the Attorney General, the Secretary of 
Homeland Security, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of Labor, the 
Secretary of Health and Human Services, the Secretary of Housing and 
Urban Development, the Secretary of Transportation, the Secretary of 
Energy, the Secretary of Education, and the Secretary of Veterans 
Affairs.
    ``(d)(1) 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.
    ``(2) The notification submitted by the President pursuant to 
paragraph (1) shall remain in effect until the President submits a 
later notification pursuant to paragraph (1), and shall not be rendered 
ineffective by the expiration of any Presidential term.
    ``(3) Until such time as the President first submits a notification 
pursuant to paragraph (1), the office of Speaker of the House of 
Representatives is deemed to be the office designated under this 
subsection.
    ``(4) A person acting as Speaker pro tempore shall not be treated 
for purposes of this section as holding the office of Speaker of the 
House of Representatives.
    ``(e)(1) 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.
    ``(2) The notification submitted by the President pursuant to 
paragraph (1) shall remain in effect until the President submits a 
later notification pursuant to paragraph (1), and shall not be rendered 
ineffective by the expiration of any Presidential term.
    ``(3) Until such time as the President first submits a notification 
pursuant to paragraph (1), the office of Majority Leader of the Senate 
is deemed to be the office designated under this subsection.
    ``(f) An individual is disqualified to discharge the powers and 
duties of the office of President for purposes of this section unless 
such individual, at the time that such powers and duties devolve upon 
him, meets the following requirements:
            ``(1) Such individual resigns the office by virtue of the 
        holding of which he qualifies to act as President.
            ``(2) In the case of an individual holding the office 
        designated in subsection (d), such individual resigns as a 
        Representative in Congress if such individual is a 
        Representative in Congress.
            ``(3) In the case of an individual holding the office 
        designated in subsection (e), such individual resigns as a 
        Senator.
            ``(4) In the case of any individual not identified in 
        subsection (d) or (e), such individual is not awaiting trial or 
        judgment by the Senate after such individual's impeachment by 
        the House of Representatives.
    ``(g) The rule of subsection (a) shall also apply in the case of 
the death, resignation, removal from office, or inability of an 
individual acting as President under this section if, by reason of 
death, resignation, removal from office, inability, or failure to 
qualify, there is no Vice President to discharge the powers and duties 
of the office of President.
    ``(h) An individual acting as President under this section shall 
promptly nominate a Vice President upon any vacancy in the office of 
Vice President.
    ``(i) During the period that any individual acts as President under 
this section, his compensation shall be at the rate then provided by 
law in the case of the President.''.
                                 <all>