[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2073

    To amend chapter 1 of title 3, United States Code, relating to 
                        Presidential succession.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 12, 2004

 Mr. Cornyn (for himself and Mr. Lott) introduced the following bill; 
    which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 1 of title 3, United States Code, relating to 
                        Presidential succession.

    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 
2004''.

SEC. 2. PRESIDENTIAL SUCCESSION.

    (a) Members of Congress Not in Line of Succession.--Section 19 of 
title 3, United States Code, is amended by repealing subsections (a), 
(b), and (c).
    (b) Line of Succession.--Section 19 of title 3, United States Code, 
is amended--
            (1) by redesignating subsection (d) as subsection (a); and
            (2) in such redesignated subsection--
                    (A) in paragraph (1)--
                            (i) by striking ``no President pro tempore 
                        to act as President under subsection (b) of 
                        this section,'' and inserting ``neither a 
                        President nor Vice President to discharge the 
                        powers and duties of the office of 
                        President,''; and
                            (ii) by inserting ``, Secretary of Homeland 
                        Security'' after ``Attorney General'';
                    (B) in paragraph (2)--
                            (i) by striking ``acting as'' and inserting 
                        ``serving as acting''; and
                            (ii) by striking ``but not'' and all that 
                        follows through the period and inserting ``or 
                        until the disability of the President or Vice 
                        President is removed.''; and
                    (C) in paragraph (3)--
                            (i) by striking ``be held to constitute'' 
                        and inserting ``not require''; and
                            (ii) by adding at the end ``Such individual 
                        shall not receive compensation from holding 
                        that office during the period that the 
                        individual acts as President or Vice President 
                        under this section, and shall be compensated 
                        for that period as provided under subsection 
                        (c).''.
    (c) Successor to the Acting President.--Section 19 of title 3, 
United States Code, as amended by this Act, is amended by inserting 
after subsection (a) the following:
    ``(b) Successor to the Acting President.--
            ``(1) In general.--If a person acting as President under 
        subsection (a) shall die, resign, or be removed, a successor 
        shall serve as acting President under this section, in the same 
        manner as in the event of the death, resignation, removal, or 
        inability of the President and Vice President.
            ``(2) Inability to perform duties.--If a person acting as 
        President under this section becomes unable to discharge the 
        powers and duties of President, a successor shall serve as 
        acting President under this section in the same manner as in 
        the event of the death, resignation, removal, or inability of 
        the President or Vice President, until the inability of the 
        previous acting President has been removed, or until a new 
        President has been elected.''.
    (c) Eligibility of Officers.--Section 19 of title 3, United States 
Code, is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(c) Subsection (a) shall apply only to such officers that are--
            ``(1) eligible to the office of President under the 
        Constitution;
            ``(2) appointed to an office listed under subsection 
        (a)(1), by and with the advice and consent of the Senate, prior 
        to the time the powers and duties of the President devolve to 
        such officer under subsection (a)(1); and
            ``(3) not under impeachment by the House of Representatives 
        at the time the powers and duties of the office of President 
        devolve upon them.''; and
            (2) by redesignating subsection (f) as subsection (d).

SEC. 3. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect on January 3, 2005.
    (b) Application.--The amendments made by section 2 shall apply to 
any death, resignation, removal from office, inability, or failure to 
qualify occurring on or after January 3, 2005.
                                 <all>