A proposed bill to modify the presidential succession list after the Secretary of Veterans Affairs. The list would include the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppsl/1004/thumbnail.jp

United States. Senate

English

Fordham University School of Law

Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryProposed Presidential Succession Legislation Congressional Materials4-27-2005Presidential Succession Act of 2005United States. SenateFollow this and additional works at: https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppslPart of the Law CommonsThis Book is brought to you for free and open access by the Congressional Materials at FLASH: The Fordham Law Archive of Scholarship and History.It has been accepted for inclusion in Proposed Presidential Succession Legislation by an authorized administrator of FLASH: The Fordham LawArchive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu.Recommended CitationUnited States. Senate, "Presidential Succession Act of 2005" (2005). Proposed Presidential Succession Legislation. 5.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppsl/5II 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 Representa-1tives of the United States of America in Congress assembled, 2SECTION 1. SHORT TITLE. 3This Act may be cited as the ‘‘Presidential Succession 4Act of 2005’’. 5SEC. 2. PRESIDENTIAL SUCCESSION. 6(a) IN GENERAL.—Section 19(d) of title 3, United 7States Code, is amended— 8(1) in paragraph (1), by inserting ‘‘, Secretary 9of Homeland Security, Ambassador to the United 102 •S 920 ISNations, Ambassador to Great Britain, Ambassador 1to Russia, Ambassador to China, Ambassador to 2France’’ after ‘‘Secretary of Veterans Affairs’’; 3(2) in paragraph (2), by striking ‘‘but not’’ and 4all that follows through the period and inserting ‘‘or 5until the disability of the President or Vice Presi-6dent is removed.’’; 7(3) in paragraph (3)— 8(A) by striking ‘‘be held to constitute’’ and 9inserting ‘‘not require’’; and 10(B) by adding at the end the following: 11‘‘Such individual shall not receive compensation 12from holding that office during the period that 13the individual acts as President under this sec-14tion, and shall be compensated for that period 15as provided under subsection (c).’’; and 16(4) by adding at the end the following: 17‘‘(4) This subsection shall apply only to such officers 18that are— 19‘‘(A) eligible to the office of President under the 20Constitution; 21‘‘(B) appointed to an office listed under para-22graph (1), by and with the advice and consent of the 23Senate, prior to the time the powers and duties of 243 •S 920 ISthe President devolve to such officer under para-1graph (1); and 2‘‘(C) not under impeachment by the House of 3Representatives at the time the powers and duties of 4the office of President devolve upon them.’’. 5(b) CONFORMING AMENDMENTS.—Section 19 of title 63, United States Code, is amended— 7(1) in subsection (b), by striking ‘‘as Acting 8President’’ and inserting ‘‘to act as President’’; and 9(2) in subsection (e)— 10(A) in the first sentence, by striking ‘‘(a), 11(b), and (d)’’ and inserting ‘‘(a) and (b)’’; and 12(B) by striking the second sentence. 13SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELEC-14TORS AFTER DEATH OR INCAPACITY OF 15NOMINEES. 16It is the sense of Congress that— 17(1) during a Presidential election year, the 18nominees of each political party for the office of 19President and Vice President should jointly an-20nounce and designate on or before the final day of 21the convention (or related event) at which they are 22nominated the individuals for whom the electors of 23President and Vice President who are pledged to 24vote for such nominees should give their votes for 254 •S 920 ISsuch offices in the event that such nominees are de-1ceased or permanently incapacitated prior to the 2date of the meeting of the electors of each State 3under section 7 of title 3, United States Code; 4(2) in the event a nominee for President is de-5ceased or permanently incapacitated prior to the 6date referred to in paragraph (1) (but the nominee 7for Vice President of the same political party is not 8deceased or permanently incapacitated), the electors 9of President who are pledged to vote for the nominee 10should give their votes to the nominee of the same 11political party for the office of Vice President, and 12the electors of Vice President who are pledged to 13vote for the nominee for Vice President should give 14their votes to the individual designated for such of-15fice by the nominees under paragraph (1); 16(3) in the event a nominee for Vice President 17is deceased or permanently incapacitated prior to the 18date referred to in paragraph (1) (but the nominee 19for President of the same political party is not de-20ceased or permanently incapacitated), the electors of 21Vice President who are pledged to vote for such 22nominee should give their votes to the individual des-23ignated for such office by the nominees under para-24graph (1); 255 •S 920 IS(4) in the event that both the nominee for 1President and the nominee for Vice President of the 2same political party are deceased or permanently in-3capacitated prior to the date referred to in para-4graph (1), the electors of President and Vice Presi-5dent who are pledged to vote for such nominees 6should vote for the individuals designated for each 7such office by the nominees under paragraph (1); 8and 9(5) political parties should establish rules and 10procedures consistent with the procedures described 11in the preceding paragraphs, including procedures to 12obtain written pledges from electors to vote in the 13manner described in such paragraphs. 14SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOV-15ERNMENT AND THE SMOOTH TRANSITION OF 16EXECUTIVE POWER. 17It is the sense of Congress that during the period pre-18ceding the end of a term of office in which a President 19will not be serving a succeeding term— 20(1) that President should consider submitting 21the nominations of individuals to the Senate who are 22selected by the President-elect for offices that fall 23within the line of succession; 246 •S 920 IS(2) the Senate should consider conducting con-1firmation proceedings and votes on the nominations 2described under paragraph (1), to the extent deter-3mined appropriate by the Senate, between January 43 and January 20 before the Inauguration; and 5(3) that President should consider agreeing to 6sign and deliver commissions for all approved nomi-7nations on January 20 before the Inauguration to 8ensure continuity of Government. 9Æ 

Presidential Succession Act of 2005

A proposed bill to remove members of Congress from the line of Presidential succession, which places the Secretary of State first in line in the event the President and Vice President are unable to serve. This proposed bill also adds the Secretary of Homeland Security to the line of succession immediately following the Attorney General.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppsl/1006/thumbnail.jp

bepress Legal Repository

Presidential Succession Act of 2004

Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and HistoryProposed Presidential Succession Legislation Congressional Materials2-12-2004Presidential Succession Act of 2004United States. SenateFollow this and additional works at: https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppslPart of the Law CommonsThis Book is brought to you for free and open access by the Congressional Materials at FLASH: The Fordham Law Archive of Scholarship and History.It has been accepted for inclusion in Proposed Presidential Succession Legislation by an authorized administrator of FLASH: The Fordham LawArchive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu.Recommended CitationUnited States. Senate, "Presidential Succession Act of 2004" (2004). Proposed Presidential Succession Legislation. 6.https://ir.lawnet.fordham.edu/twentyfifth_amendment_congressionalmaterials_ppsl/6II 108TH CONGRESS 2D SESSION S. 2073To amend chapter 1 of title 3, United States Code, relating to Presidential succession. IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2004Mr. 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 Representa-1tives of the United States of America in Congress assembled,2SECTION 1. SHORT TITLE. 3This Act may be cited as the ‘‘Presidential Succession 4Act of 2004’’. 5SEC. 2. PRESIDENTIAL SUCCESSION. 6(a) MEMBERS OF CONGRESS NOT IN LINE OF SUC-7CESSION.—Section 19 of title 3, United States Code, is 8amended by repealing subsections (a), (b), and (c). 92•S 2073 IS (b) LINE OF SUCCESSION.—Section 19 of title 3, 1United States Code, is amended—2(1) by redesignating subsection (d) as sub-3section (a); and 4(2) in such redesignated subsection—5(A) in paragraph (1)—6(i) by striking ‘‘no President pro tem-7pore to act as President under subsection 8(b) of this section,’’ and inserting ‘‘neither 9a President nor Vice President to dis-10charge the powers and duties of the office 11of President,’’; and 12(ii) by inserting ‘‘, Secretary of Home-13land Security’’ after ‘‘Attorney General’’; 14(B) in paragraph (2)—15(i) by striking ‘‘acting as’’ and insert-16ing ‘‘serving as acting’’; and 17(ii) by striking ‘‘but not’’ and all that 18follows through the period and inserting 19‘‘or until the disability of the President or 20Vice President is removed.’’; and 21(C) in paragraph (3)—22(i) by striking ‘‘be held to constitute’’ 23and inserting ‘‘not require’’; and 243•S 2073 IS (ii) by adding at the end ‘‘Such indi-1vidual shall not receive compensation from 2holding that office during the period that 3the individual acts as President or Vice 4President under this section, and shall be 5compensated for that period as provided 6under subsection (c).’’. 7(c) SUCCESSOR TO THE ACTING PRESIDENT.—Sec-8tion 19 of title 3, United States Code, as amended by this 9Act, is amended by inserting after subsection (a) the fol-10lowing: 11‘‘(b) SUCCESSOR TO THE ACTING PRESIDENT.—12‘‘(1) IN GENERAL.—If a person acting as Presi-13dent under subsection (a) shall die, resign, or be re-14moved, a successor shall serve as acting President 15under this section, in the same manner as in the 16event of the death, resignation, removal, or inability 17of the President and Vice President. 18‘‘(2) INABILITY TO PERFORM DUTIES.—If a 19person acting as President under this section be-20comes unable to discharge the powers and duties of 21President, a successor shall serve as acting Presi-22dent under this section in the same manner as in the 23event of the death, resignation, removal, or inability 24of the President or Vice President, until the inability 254•S 2073 IS of the previous acting President has been removed, 1or until a new President has been elected.’’. 2(c) ELIGIBILITY OF OFFICERS.—Section 19 of title 33, United States Code, is amended—4(1) by striking subsection (e) and inserting the 5following: 6‘‘(c) Subsection (a) shall apply only to such officers 7that are—8‘‘(1) eligible to the office of President under the 9Constitution; 10‘‘(2) appointed to an office listed under sub-11section (a)(1), by and with the advice and consent 12of the Senate, prior to the time the powers and du-13ties of the President devolve to such officer under 14subsection (a)(1); and 15‘‘(3) not under impeachment by the House of 16Representatives at the time the powers and duties of 17the office of President devolve upon them.’’; and 18(2) by redesignating subsection (f) as sub-19section (d). 20SEC. 3. EFFECTIVE DATE. 21(a) IN GENERAL.—This Act shall take effect on Jan-22uary 3, 2005. 23(b) APPLICATION.—The amendments made by sec-24tion 2 shall apply to any death, resignation, removal from 255•S 2073 IS office, inability, or failure to qualify occurring on or after 1January 3, 2005.2Æ

https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1006&amp;context=twentyfifth_amendment_congressionalmaterials_ppsl

Presidential Succession Act of 2005

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Fordham University School of Law

bepress Legal Repository