II 

108TH CONGRESS 

2D SESSION S. 2073

To amend chapter 1 of title 3, United States Code, relating to Presidential 

succession. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2004

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 amend chapter 1 of title 3, United States Code, relating 

to Presidential succession.

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 ‘‘Presidential Succession 

5 Act of 2004’’. 

6 SEC. 2. PRESIDENTIAL SUCCESSION. 

7 (a) MEMBERS OF CONGRESS NOT IN LINE OF SUC8 CESSION.—Section 19 of title 3, United States Code, is 

9 amended by repealing subsections (a), (b), and (c). 
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1 (b) LINE OF SUCCESSION.—Section 19 of title 3, 

2 United States Code, is amended—

3 (1) by redesignating subsection (d) as sub4 section (a); and 

5 (2) in such redesignated subsection—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘no President pro tem8 pore to act as President under subsection 

9 (b) of this section,’’ and inserting ‘‘neither 

10 a President nor Vice President to dis11 charge the powers and duties of the office 

12 of President,’’; and 

13 (ii) by inserting ‘‘, Secretary of Home14 land Security’’ after ‘‘Attorney General’’; 

15 (B) in paragraph (2)—

16 (i) by striking ‘‘acting as’’ and insert17 ing ‘‘serving as acting’’; and 

18 (ii) by striking ‘‘but not’’ and all that 

19 follows through the period and inserting 

20 ‘‘or until the disability of the President or 

21 Vice President is removed.’’; and 

22 (C) in paragraph (3)—

23 (i) by striking ‘‘be held to constitute’’ 

24 and inserting ‘‘not require’’; and 
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1 (ii) by adding at the end ‘‘Such indi2 vidual shall not receive compensation from 

3 holding that office during the period that 

4 the individual acts as President or Vice 

5 President under this section, and shall be 

6 compensated for that period as provided 

7 under subsection (c).’’. 

8 (c) SUCCESSOR TO THE ACTING PRESIDENT.—Sec9 tion 19 of title 3, United States Code, as amended by this 

10 Act, is amended by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) SUCCESSOR TO THE ACTING PRESIDENT.—

13 ‘‘(1) IN GENERAL.—If a person acting as Presi14 dent under subsection (a) shall die, resign, or be re15 moved, a successor shall serve as acting President 

16 under this section, in the same manner as in the 

17 event of the death, resignation, removal, or inability 

18 of the President and Vice President. 

19 ‘‘(2) INABILITY TO PERFORM DUTIES.—If a 

20 person acting as President under this section be21 comes unable to discharge the powers and duties of 

22 President, a successor shall serve as acting Presi23 dent under this section in the same manner as in the 

24 event of the death, resignation, removal, or inability 

25 of the President or Vice President, until the inability 
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1 of the previous acting President has been removed, 

2 or until a new President has been elected.’’. 

3 (c) ELIGIBILITY OF OFFICERS.—Section 19 of title 

4 3, United States Code, is amended—

5 (1) by striking subsection (e) and inserting the 

6 following: 

7 ‘‘(c) Subsection (a) shall apply only to such officers 

8 that are—

9 ‘‘(1) eligible to the office of President under the 

10 Constitution; 

11 ‘‘(2) appointed to an office listed under sub12 section (a)(1), by and with the advice and consent 

13 of the Senate, prior to the time the powers and du14 ties of the President devolve to such officer under 

15 subsection (a)(1); and 

16 ‘‘(3) not under impeachment by the House of 

17 Representatives at the time the powers and duties of 

18 the office of President devolve upon them.’’; and 

19 (2) by redesignating subsection (f) as sub20 section (d). 

21 SEC. 3. EFFECTIVE DATE. 

22 (a) IN GENERAL.—This Act shall take effect on Jan23 uary 3, 2005. 

24 (b) APPLICATION.—The amendments made by sec25 tion 2 shall apply to any death, resignation, removal from 
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1 office, inability, or failure to qualify occurring on or after 

2 January 3, 2005.

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