I 

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. JACKSONLEE 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS. 

4 Congress finds as follows: 

5 (1) The terrorist attacks of September 11th 

6 forced all lawmakers to consider the heretofore re7 mote contingency of mass murder directed at our 

8 government. 
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1 (2) The protection and survival of our most 

2 basic democratic institutions is the most critical 

3 homeland security issue facing this country. 

4 (3) The continuity of the office of the President 

5 is vital to the survival of this nation. 

6 (4) The integrity of the office of the President 

7 must be maintained at all times. 

8 (5) Presidential succession must be certain, well 

9 defined, and able to efficiently operate under the 

10 most adverse of circumstances. 

11 (6) The legitimacy of the official taking the of12 fice of the President must be assured. 

13 (7) The least Constitutionally intrusive solution 

14 must be found to ensure certain, well defined, and 

15 efficient Presidential succession. 

16 (8) Respecting the intentions of our Founding 

17 Fathers is paramount. 

18 SEC. 2. SECRETARY OF HOMELAND SECURITY TO BE IN19 CLUDED IN LINE OF PRESIDENTIAL SUCCES20 SION; NO DISPLACEMENT OF SUCCESSOR. 

21 (a) SECRETARY OF HOMELAND SECURITY.—Section 

22 19(d)(1) of title 3, United States Code, is amended by 

23 inserting ‘‘Secretary of Homeland Security’’ after ‘‘Attor24 ney General,’’. 
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1 (b) SPEAKER OF THE HOUSE OF REPRESENTA2 TIVES.—Section 19(a)(1) of title 3, United States Code, 

3 is amended—

4 (1) by striking ‘‘If’’ and inserting ‘‘When’’; and 

5 (2) by striking ‘‘the Speaker of the House of 

6 Representatives’’ and inserting ‘‘the person holding 

7 the office of Speaker of the House of Representa8 tives at the time such event, inability, or failure oc9 curs’’. 

10 (c) PRESIDENT PRO TEMPORE OF SENATE.—Section 

11 19(b) of such title is amended by striking ‘‘the President 

12 pro tempore of the Senate’’ and inserting ‘‘the person 

13 holding the office of President pro tempore of the Senate 

14 at such time’’. 

15 (d) NO DISPLACEMENT OF SUCCESSOR.—Section 

16 19(d)(2) of title 3, United States Code, is amended by 

17 striking ‘‘but not after a qualified and prior entitled indi18 vidual’’ and all that follows and inserting the following: 

19 ‘‘or until the individual’s earlier death, resignation, re20 moval from office, or inability, unless the individual’s dis21 charge of the powers and duties of the office is founded 

22 in whole or in part on the inability of the President or 

23 Vice President, in which case the individual shall act only 

24 until the removal of the disability of the President or Vice 

25 President.’’. 
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1 SEC. 3. PREVENTING AUTOMATIC RESIGNATION OF INDI2 VIDUALS SERVING DURING TEMPORARY IN3 CAPACITY OF PRESIDENT OR VICE PRESI4 DENT. 

5 Section 19(d)(3) of title 3, United States Code, is 

6 amended by striking ‘‘The taking of the oath’’ and insert7 ing ‘‘Except in the case of an individual acting as Presi8 dent based in whole or in part on the inability of the Presi9 dent or Vice President, the taking of the oath’’. 

10 SEC. 4. REMOVAL OF ACTING CABINET OFFICERS FROM 

11 LINE OF SUCCESSION. 

12 Section 19(e) of title 3, United States Code, is 

13 amended—

14 (1) in the first sentence, by striking ‘‘Sub15 sections (a), (b), and (d) of this section shall apply 

16 only to such officers’’ and inserting ‘‘This section 

17 shall apply only to such individuals’’; and 

18 (2) in the second sentence, by inserting after 

19 ‘‘advice and consent of the Senate’’ the following: 

20 ‘‘to the offices designated in subsection (d) of this 

21 section’’.

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