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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1820 Introduced in Senate (IS)]

  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.

    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 ``Continuity of Congress Act of 
2003''.

SEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CONGRESS FOLLOWING A 
              CATASTROPHIC INCIDENT.

    (a) House of Representatives.--
            (1) In general.--In the event that one-fourth of the 
        members of the House of Representatives are killed or 
        incapacitated, the legislature of each State may enact such 
        laws declaring who shall serve in the place of such members as 
        the State determines necessary.
            (2) Options.--Any law enacted under paragraph (1) by the 
        legislature of a State may provide for--
                    (A) special elections in cases of vacancy;
                    (B) appointment by the governor or legislature of 
                the State, which in cases of vacancy shall be 
                accompanied by a subsequent special election;
                    (C) appointment pursuant to a list of successors 
                created by the incumbent member of the House of 
                Representatives, which in cases of vacancy shall be 
                accompanied by a subsequent special election; or
                    (D) such other procedures as the legislature of the 
                State determines appropriate, which in cases of vacancy 
                shall be accompanied by a subsequent special election.
            (3) Incapacity.--A member that has been incapacitated may 
        reclaim his or her office at any time after such member 
        determines that he or she is no longer incapacitated.
            (4) Vacancy.--In the case of vacancy under paragraph (1), 
        the executive authority of the relevant State shall issue writs 
        of election, which shall be held not later than 120 days after 
        any such vacancy occurs. A general election occurring within 
        such 120 day period shall be deemed to satisfy the requirements 
        of this section.
            (5) Determination.--One-fourth of the members of the House 
        of Representatives shall be considered to have been killed or 
        incapacitated if--
                    (A) the Speaker of the House (or that person's 
                designee) makes a joint declaration with the leader of 
                the minority party in the House (or that person's 
                designee) that one-fourth of such members have been 
                killed or incapacitated; or
                    (B) if--
                            (i) the governors of the several States 
                        individually certify that one or more of the 
                        members representing their respective States 
                        have been killed or incapacitated; and
                            (ii) the President certifies, based upon 
                        the certifications made under clause (i), that, 
                        in the aggregate, one-fourth of the members of 
                        the House of Representatives have been killed 
                        or incapacitated.
    (b) Senate.--
            (1) In general.--In the event that one-fourth of the 
        members of the Senate are killed or incapacitated, the 
        legislature of each State may enact such laws declaring who 
        shall serve in the place of incapacitated members as the State 
        determines necessary.
            (2) Options.--Any law enacted under paragraph (1) by the 
        legislature of a State may provide for--
                    (A) appointment by the governor or legislature of 
                the State;
                    (B) appointment pursuant to a list of successors 
                created by the incumbent member of the Senate; or
                    (C) such other procedures as the legislature of the 
                State determines appropriate.
            (3) Incapacity.--A member that has been incapacitated may 
        reclaim his or her office at any time after such member 
        determines that he or she is no longer incapacitated.
            (4) Determination.--One-fourth of the members of the Senate 
        shall be considered to have been killed or incapacitated if--
                    (A) the Majority Leader of the Senate (or that 
                person's designee) makes a joint declaration with the 
                Minority Leader of the Senate (or that person's 
                designee) that one-fourth of such members have been 
                killed or incapacitated; or
                    (B) if--
                            (i) the governors of the several States 
                        individually certify that one or more of the 
                        members representing their respective States 
                        have been killed or incapacitated; and
                            (ii) the President certifies, based upon 
                        the certifications made under clause (i), that, 
                        in the aggregate, one-fourth of the members of 
                        the Senate have been killed or incapacitated.

SEC. 3. LIMITATION.

    Nothing in this Act shall limit the authority of any State under 
the Constitution of the United States to fill a vacancy in the House of 
Representatives or the Senate.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect upon the date of ratification of the 
related amendment to the Constitution of the United States authorizing 
this Act.
                                 <all>
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