I 
108TH CONGRESS 
1ST SESSION H. R. 2319
To include the Secretary of Homeland Security within the order of Presi-
dential 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. JACKSON-
LEE 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 ab-
sence of a qualified President and Vice President, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds as follows: 
(1) The terrorist attacks of September 11th 
forced all lawmakers to consider the heretofore re-
mote contingency of mass murder directed at our 
government.
(2) The protection and survival of our most 
basic democratic institutions is the most critical 
homeland security issue facing this country. 
(3) The continuity of the office of the President 
is vital to the survival of this nation. 
(4) The integrity of the office of the President 
must be maintained at all times. 
(5) Presidential succession must be certain, well 
defined, and able to efficiently operate under the 
most adverse of circumstances. 
(6) The legitimacy of the official taking the of-
fice of the President must be assured. 
(7) The least Constitutionally intrusive solution 
must be found to ensure certain, well defined, and 
efficient Presidential succession. 
(8) Respecting the intentions of our Founding 
Fathers is paramount. 
SEC. 2. SECRETARY OF HOMELAND SECURITY TO BE IN-
CLUDED IN LINE OF PRESIDENTIAL SUCCES-
SION; NO DISPLACEMENT OF SUCCESSOR. 
(a) SECRETARY OF HOMELAND SECURITY.—Section 
19(d)(1) of title 3, United States Code, is amended by 
inserting ‘‘Secretary of Homeland Security’’ after ‘‘Attor-
ney General,’’.
(b) SPEAKER
OF
THE HOUSE
OF REPRESENTA-
TIVES.—Section 19(a)(1) of title 3, United States Code, 
is amended—
(1) by striking ‘‘If’’ and inserting ‘‘When’’; and 
(2) by striking ‘‘the Speaker of the House of 
Representatives’’ and inserting ‘‘the person holding 
the office of Speaker of the House of Representa-
tives at the time such event, inability, or failure oc-
curs’’. 
(c) PRESIDENT PRO TEMPORE OF SENATE.—Section 
19(b) of such title is amended by striking ‘‘the President 
pro tempore of the Senate’’ and inserting ‘‘the person 
holding the office of President pro tempore of the Senate 
at such time’’. 
(d) NO DISPLACEMENT
OF SUCCESSOR.—Section 
19(d)(2) of title 3, United States Code, is amended by 
striking ‘‘but not after a qualified and prior entitled indi-
vidual’’ and all that follows and inserting the following: 
‘‘or until the individual’s earlier death, resignation, re-
moval from office, or inability, unless the individual’s dis-
charge of the powers and duties of the office is founded 
in whole or in part on the inability of the President or 
Vice President, in which case the individual shall act only 
until the removal of the disability of the President or Vice 
President.’’.
SEC. 3. PREVENTING AUTOMATIC RESIGNATION OF INDI-
VIDUALS SERVING DURING TEMPORARY IN-
CAPACITY OF PRESIDENT OR VICE PRESI-
DENT. 
Section 19(d)(3) of title 3, United States Code, is 
amended by striking ‘‘The taking of the oath’’ and insert-
ing ‘‘Except in the case of an individual acting as Presi-
dent based in whole or in part on the inability of the Presi-
dent or Vice President, the taking of the oath’’. 
SEC. 4. REMOVAL OF ACTING CABINET OFFICERS FROM 
LINE OF SUCCESSION. 
Section 19(e) of title 3, United States Code, is 
amended—
(1) in the first sentence, by striking ‘‘Sub-
sections (a), (b), and (d) of this section shall apply 
only to such officers’’ and inserting ‘‘This section 
shall apply only to such individuals’’; and 
(2) in the second sentence, by inserting after 
‘‘advice and consent of the Senate’’ the following: 
‘‘to the offices designated in subsection (d) of this 
section’’.
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