I
107TH CONGRESS
2D SESSION
H. R. 3816
To amend section 19 of title 3, United States Code, to allow the President
to choose between possible successors in case of the event that, by
reason of certain circumstances, there is neither a President nor Vice
President to discharge the powers and duties of the office of President.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 2002
Mr. SHERMAN (for himself and Mr. DAVIS of Illinois) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To amend section 19 of title 3, United States Code, to
allow the President to choose between possible successors
in case of the event that, by reason of certain cir-
cumstances, there is neither a President nor Vice Presi-
dent to discharge the powers and duties of the office
of President.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Presidential Succession
Act of 2002’’.
SEC. 2. PRESIDENTIAL CHOICE OF SUCCESSORS.
Section 19 of title 3, United States Code, is
amended—
(a) in subsection (a)—
(1) by striking paragraph (1) and inserting the
following:
‘‘(a)(1) If, by reason of death, resignation, removal
from office, inability, or failure to qualify, there is neither
a President nor Vice President to discharge the powers
and duties of the office of President, then the individual
holding the office designated under paragraph (3) shall,
upon his resignation as a Representative in Congress and
from the office designated in paragraph (3), act as Presi-
dent.’’; and
(2) by inserting at the end the following:
‘‘(3)(A) The President shall submit to the Clerk of
the House of Representatives notification in writing of the
designation of the office of Speaker of the House of Rep-
resentatives or the office of Minority Leader of the House
of Representatives as the office designated for the pur-
poses of this subsection.
‘‘(B) The notification submitted by the President
pursuant to subparagraph (A) shall remain in effect until
the President submits a later notification pursuant to sub-
paragraph (A), and shall not be rendered ineffective by
the expiration of any Presidential term.
‘‘(C) Until such time as the President first submits
a notification pursuant to subparagraph (A), for purposes
of paragraph (1) the office of Speaker of the House of
Representatives is deemed to be the office designated
under this paragraph.’’;
(b) by striking subsection (b) and inserting the fol-
lowing:
‘‘(b)(1) If, at the time when under subsection (a) the
individual holding the office designated under subsection
(a)(3) is to begin the discharge of the powers and duties
of the office of President, there is no individual holding
the office designated under subsection (a)(3) or the indi-
vidual holding such office fails to qualify as Acting Presi-
dent, the individual holding the office designated under
paragraph (2) shall, upon his resignation as Senator and
from the office designated under paragraph (2), act as
President.
‘‘(2)(A) The President shall submit to the Secretary
of the Senate a notification in writing of the designation
of the office of Majority Leader of the Senate or the office
of Minority Leader of the Senate as the office designated
for the purposes of this subsection.
‘‘(B) The notification submitted by the President
pursuant to subparagraph (A) shall remain in effect until
the President submits a later notification pursuant to sub-
paragraph (A), and shall not be rendered ineffective by
the expiration of any Presidential term.
‘‘(C) Until such time as the President first submits
a notification pursuant to subparagraph (A), for purposes
of paragraph (1) the office of Majority Leader of the Sen-
ate is deemed to be the office designated under this para-
graph.’’;
(c) in subsection (c), by striking ‘‘of this section’’;
(d) in subsection (d)(1)—
(1) by striking ‘‘President pro tempore’’ and in-
serting ‘‘individual holding the office designated
under subsection (b)(2)’’; and
(2) by striking ‘‘of this section’’;
(e) in paragraphs (2) and (3) of subsection (d), by
striking ‘‘of this subsection’’; and
(f) in subsection (e)—
(1) by striking ‘‘of this section’’ each place it
occurs; and
(2) by striking ‘‘President pro tempore’’ and in-
serting ‘‘individual holding the office designated
under subsection (b)(2)’’.
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