Includes the Secretary of Homeland Security in the line of presidential succession after the Attorney General.
Modifies succession requirements relating to the Speaker of the House of Representatives and the President pro tempore to specify, instead, persons holding the office of Speaker or President pro tempore at the time of the need for the succession.
Provides that an individual acting as President shall continue to do so until the expiration of the then current Presidential term (as under current law), 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 President's or Vice President's disability.
Exempts an acting President from automatic resignation of his or her current office if such person's service as acting President is based in whole or in part on the temporary incapacity of the President or Vice President.
Removes acting cabinet officers from the line of presidential succession.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution.
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