I 
108TH CONGRESS 
1ST SESSION H. R. 2749
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, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. SHERMAN (for himself, Mr. BAIRD, Mr. CONYERS, and Mr. FATTAH) in-
troduced 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, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Presidential Succession 
Act of 2003’’.
SEC. 2. PRESIDENTIAL SUCCESSION. 
Section 19 of title 3, United States Code, is amended 
to read as follows: 
‘‘§ 19 Vacancy in offices of both President and Vice 
President; officers eligible to act 
‘‘(a) 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 highest indi-
vidual on the succession list who is eligible to the office 
of President under the Constitution, not under disability 
to discharge the powers and duties of the office of Presi-
dent, and not disqualified under subsection (f), shall act 
as President. 
‘‘(b) An individual acting as President under this sec-
tion shall continue to so act until the expiration of the 
then current Presidential term except that—
‘‘(1) if his discharge of the powers and duties 
of the office is founded in whole or in part on the 
failure of both the President-elect and the Vice-
President-elect to qualify, then he shall act only 
until a President or Vice President qualifies; and 
‘‘(2) if his discharge of the powers and duties 
of the office is founded in whole or in part on the 
inability of the President or Vice President, then he
shall act only until the removal of the disability of 
one of such individuals. 
‘‘(c) For purposes of this section, the term ‘succes-
sion list’ means the following list: the individual holding 
the office designated in subsection (d), the individual hold-
ing the office designated in subsection (e), the Secretary 
of State, the Secretary of the Treasury, the Secretary of 
Defense, the Attorney General, the Secretary of Homeland 
Security, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Commerce, the Secretary of 
Labor, the Secretary of Health and Human Services, the 
Secretary of Housing and Urban Development, the Sec-
retary of Transportation, the Secretary of Energy, the 
Secretary of Education, and the Secretary of Veterans Af-
fairs. 
‘‘(d)(1) 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. 
‘‘(2) The notification submitted by the President pur-
suant to paragraph (1) shall remain in effect until the 
President submits a later notification pursuant to para-
graph (1), and shall not be rendered ineffective by the ex-
piration of any Presidential term. 
‘‘(3) Until such time as the President first submits 
a notification pursuant to paragraph (1), the office of 
Speaker of the House of Representatives is deemed to be 
the office designated under this subsection. 
‘‘(4) A person acting as Speaker pro tempore shall 
not be treated for purposes of this section as holding the 
office of Speaker of the House of Representatives. 
‘‘(e)(1) 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. 
‘‘(2) The notification submitted by the President pur-
suant to paragraph (1) shall remain in effect until the 
President submits a later notification pursuant to para-
graph (1), and shall not be rendered ineffective by the ex-
piration of any Presidential term. 
‘‘(3) Until such time as the President first submits 
a notification pursuant to paragraph (1), the office of Ma-
jority Leader of the Senate is deemed to be the office des-
ignated under this subsection. 
‘‘(f) An individual is disqualified to discharge the 
powers and duties of the office of President for purposes