[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 920

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2005

  Mr. Cornyn 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 
2005''.

SEC. 2. PRESIDENTIAL SUCCESSION.

    (a) In General.--Section 19(d) of title 3, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``, Secretary of 
        Homeland Security, Ambassador to the United Nations, Ambassador 
        to Great Britain, Ambassador to Russia, Ambassador to China, 
        Ambassador to France'' after ``Secretary of Veterans Affairs'';
            (2) in paragraph (2), 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.'';
            (3) in paragraph (3)--
                    (A) by striking ``be held to constitute'' and 
                inserting ``not require''; and
                    (B) by adding at the end the following: ``Such 
                individual shall not receive compensation from holding 
                that office during the period that the individual acts 
                as President under this section, and shall be 
                compensated for that period as provided under 
                subsection (c).''; and
            (4) by adding at the end the following:
    ``(4) This subsection shall apply only to such officers that are--
            ``(A) eligible to the office of President under the 
        Constitution;
            ``(B) appointed to an office listed under paragraph (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 paragraph (1); and
            ``(C) not under impeachment by the House of Representatives 
        at the time the powers and duties of the office of President 
        devolve upon them.''.
    (b) Conforming Amendments.--Section 19 of title 3, United States 
Code, is amended--
            (1) in subsection (b), by striking ``as Acting President'' 
        and inserting ``to act as President''; and
            (2) in subsection (e)--
                    (A) in the first sentence, by striking ``(a), (b), 
                and (d)'' and inserting ``(a) and (b)''; and
                    (B) by striking the second sentence.

SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR 
              INCAPACITY OF NOMINEES.

    It is the sense of Congress that--
            (1) during a Presidential election year, the nominees of 
        each political party for the office of President and Vice 
        President should jointly announce and designate on or before 
        the final day of the convention (or related event) at which 
        they are nominated the individuals for whom the electors of 
        President and Vice President who are pledged to vote for such 
        nominees should give their votes for such offices in the event 
        that such nominees are deceased or permanently incapacitated 
        prior to the date of the meeting of the electors of each State 
        under section 7 of title 3, United States Code;
            (2) in the event a nominee for President is deceased or 
        permanently incapacitated prior to the date referred to in 
        paragraph (1) (but the nominee for Vice President of the same 
        political party is not deceased or permanently incapacitated), 
        the electors of President who are pledged to vote for the 
        nominee should give their votes to the nominee of the same 
        political party for the office of Vice President, and the 
        electors of Vice President who are pledged to vote for the 
        nominee for Vice President should give their votes to the 
        individual designated for such office by the nominees under 
        paragraph (1);
            (3) in the event a nominee for Vice President is deceased 
        or permanently incapacitated prior to the date referred to in 
        paragraph (1) (but the nominee for President of the same 
        political party is not deceased or permanently incapacitated), 
        the electors of Vice President who are pledged to vote for such 
        nominee should give their votes to the individual designated 
        for such office by the nominees under paragraph (1);
            (4) in the event that both the nominee for President and 
        the nominee for Vice President of the same political party are 
        deceased or permanently incapacitated prior to the date 
        referred to in paragraph (1), the electors of President and 
        Vice President who are pledged to vote for such nominees should 
        vote for the individuals designated for each such office by the 
        nominees under paragraph (1); and
            (5) political parties should establish rules and procedures 
        consistent with the procedures described in the preceding 
        paragraphs, including procedures to obtain written pledges from 
        electors to vote in the manner described in such paragraphs.

SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE 
              SMOOTH TRANSITION OF EXECUTIVE POWER.

    It is the sense of Congress that during the period preceding the 
end of a term of office in which a President will not be serving a 
succeeding term--
            (1) that President should consider submitting the 
        nominations of individuals to the Senate who are selected by 
        the President-elect for offices that fall within the line of 
        succession;
            (2) the Senate should consider conducting confirmation 
        proceedings and votes on the nominations described under 
        paragraph (1), to the extent determined appropriate by the 
        Senate, between January 3 and January 20 before the 
        Inauguration; and
            (3) that President should consider agreeing to sign and 
        deliver commissions for all approved nominations on January 20 
        before the Inauguration to ensure continuity of Government.
                                 <all>