II 

108TH CONGRESS 

1ST SESSION S. 1820

To authorize the States to implement such mechanisms as are necessary 

to ensure the continuity of Congress in the event that one-fourth of 

the members of either the House of Representatives or the Senate are 

killed or incapacitated. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2003

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 authorize the States to implement such mechanisms as 

are necessary to ensure the continuity of Congress in 

the event that one-fourth of the members of either the 

House of Representatives or the Senate are killed or 

incapacitated.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuity of Congress 

5 Act of 2003’’. 
2

•S 1820 IS 

1 SEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CON2 GRESS FOLLOWING A CATASTROPHIC INCI3 DENT. 

4 (a) HOUSE OF REPRESENTATIVES.—

5 (1) IN GENERAL.—In the event that one-fourth 

6 of the members of the House of Representatives are 

7 killed or incapacitated, the legislature of each State 

8 may enact such laws declaring who shall serve in the 

9 place of such members as the State determines nec10 essary. 

11 (2) OPTIONS.—Any law enacted under para12 graph (1) by the legislature of a State may provide 

13 for— 

14 (A) special elections in cases of vacancy; 

15 (B) appointment by the governor or legis16 lature of the State, which in cases of vacancy 

17 shall be accompanied by a subsequent special 

18 election; 

19 (C) appointment pursuant to a list of suc20 cessors created by the incumbent member of the 

21 House of Representatives, which in cases of va22 cancy shall be accompanied by a subsequent 

23 special election; or 

24 (D) such other procedures as the legisla25 ture of the State determines appropriate, which 
3

•S 1820 IS 

1 in cases of vacancy shall be accompanied by a 

2 subsequent special election. 

3 (3) INCAPACITY.—A member that has been in4 capacitated may reclaim his or her office at any time 

5 after such member determines that he or she is no 

6 longer incapacitated. 

7 (4) VACANCY.—In the case of vacancy under 

8 paragraph (1), the executive authority of the rel9 evant State shall issue writs of election, which shall 

10 be held not later than 120 days after any such va11 cancy occurs. A general election occurring within 

12 such 120 day period shall be deemed to satisfy the 

13 requirements of this section. 

14 (5) DETERMINATION.—One-fourth of the mem15 bers of the House of Representatives shall be consid16 ered to have been killed or incapacitated if—

17 (A) the Speaker of the House (or that per18 son’s designee) makes a joint declaration with 

19 the leader of the minority party in the House 

20 (or that person’s designee) that one-fourth of 

21 such members have been killed or incapacitated; 

22 or 

23 (B) if—

24 (i) the governors of the several States 

25 individually certify that one or more of the 
4

•S 1820 IS 

1 members representing their respective 

2 States have been killed or incapacitated; 

3 and 

4 (ii) the President certifies, based upon 

5 the certifications made under clause (i), 

6 that, in the aggregate, one-fourth of the 

7 members of the House of Representatives 

8 have been killed or incapacitated. 

9 (b) SENATE.—

10 (1) IN GENERAL.—In the event that one-fourth 

11 of the members of the Senate are killed or incapaci12 tated, the legislature of each State may enact such 

13 laws declaring who shall serve in the place of inca14 pacitated members as the State determines nec15 essary. 

16 (2) OPTIONS.—Any law enacted under para17 graph (1) by the legislature of a State may provide 

18 for— 

19 (A) appointment by the governor or legisla20 ture of the State; 

21 (B) appointment pursuant to a list of suc22 cessors created by the incumbent member of the 

23 Senate; or 

24 (C) such other procedures as the legisla25 ture of the State determines appropriate. 
5

•S 1820 IS 

1 (3) INCAPACITY.—A member that has been in2 capacitated may reclaim his or her office at any time 

3 after such member determines that he or she is no 

4 longer incapacitated. 

5 (4) DETERMINATION.—One-fourth of the mem6 bers of the Senate shall be considered to have been 

7 killed or incapacitated if—

8 (A) the Majority Leader of the Senate (or 

9 that person’s designee) makes a joint declara10 tion with the Minority Leader of the Senate (or 

11 that person’s designee) that one-fourth of such 

12 members have been killed or incapacitated; or 

13 (B) if—

14 (i) the governors of the several States 

15 individually certify that one or more of the 

16 members representing their respective 

17 States have been killed or incapacitated; 

18 and 

19 (ii) the President certifies, based upon 

20 the certifications made under clause (i), 

21 that, in the aggregate, one-fourth of the 

22 members of the Senate have been killed or 

23 incapacitated. 
6

•S 1820 IS 

1 SEC. 3. LIMITATION. 

2 Nothing in this Act shall limit the authority of any 

3 State under the Constitution of the United States to fill 

4 a vacancy in the House of Representatives or the Senate. 

5 SEC. 4. EFFECTIVE DATE. 

6 This Act shall take effect upon the date of ratification 

7 of the related amendment to the Constitution of the 

8 United States authorizing this Act.

Æ