[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 540 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 540
To amend chapter 1 of title 3, United States Code, relating to
Presidential succession.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2007
Mr. Sherman introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 1 of title 3, United States Code, relating to
Presidential succession.
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 ``Presidential Succession Act of
2007''.
SEC. 2. PRESIDENTIAL SUCCESSION.
(a) In General.--Section 19(d) of title 3, United States Code, as
amended by section 503 of the USA Patriot Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 247), is
amended--
(1) in paragraph (1), by inserting ``, Ambassador to the
United Nations, Ambassador to Great Britain, Ambassador to
Russia, Ambassador to China, Ambassador to France'' after
``Secretary of Homeland Security'';
(2) in paragraph (2)--
(A) by striking ``acting as'' and inserting
``serving as acting''; and
(B) by striking ``but not'' and all that follows
through the period and inserting ``or until the
disability of the President or Vice President is
removed.'';
(3) in paragraph (3)--
(A) by striking ``be held to constitute'' and
inserting ``not require'';
(B) by striking ``act as President'' and inserting
``serve as acting President''; and
(C) by adding at the end the following: ``Such
individual shall not receive compensation from holding
that office during the period that the individual
serves as acting President or Vice President under this
section, and shall be compensated for that period as
provided under subsection (c).''; and
(4) by adding at the end the following:
``(4) This subsection shall apply only to such officers that are--
``(A) eligible to the office of President under the
Constitution;
``(B) appointed to an office listed under paragraph (1), by
and with the advice and consent of the Senate, prior to the
time the powers and duties of the President devolve to such
officer under paragraph (1); and
``(C) not under impeachment by the House of Representatives
at the time the powers and duties of the office of President
devolve upon them.''.
(b) Conforming Amendments.--Section 19 of such title is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1), by striking ``act as
President'' and inserting ``serve as acting
President''; and
(B) in paragraph (2), by striking ``acting as
President'' and inserting ``serving as acting
President''.
(2) In subsection (b), by striking ``act as President'' and
inserting ``serve as acting President''.
(3) In subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``acting as President'' and
inserting ``serving as acting President'', and
(ii) by striking ``continue to act'' and
inserting ``continue to serve''; and
(B) in paragraphs (1) and (2), by striking ``shall
act'' each place it appears and inserting ``shall
serve''.
(4) In subsection (e)--
(A) in the first sentence, by striking ``(a), (b),
and (d)'' and inserting ``(a) and (b)''; and
(B) by striking the second sentence.
(5) In subsection (f), by striking ``acts as President''
and inserting ``serves as acting President''.
SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR
INCAPACITY OF NOMINEES.
It is the sense of Congress that--
(1) during a Presidential election year, the nominees of
each political party for the office of President and Vice
President should jointly announce and designate on or before
the final day of the convention (or related event) at which
they are nominated the individuals for whom the electors of
President and Vice President who are pledged to vote for such
nominees should give their votes for such offices in the event
that such nominees are deceased or permanently incapacitated
prior to the date of the meeting of the electors of each State
under section 7 of title 3, United States Code;
(2) in the event a nominee for President is deceased or
permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for Vice President of the same
political party is not deceased or permanently incapacitated),
the electors of President who are pledged to vote for the
nominee should give their votes to the nominee of the same
political party for the office of Vice President, and the
electors of Vice President who are pledged to vote for the
nominee for Vice President should give their votes to the
individual designated for such office by the nominees under
paragraph (1);
(3) in the event a nominee for Vice President is deceased
or permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for President of the same
political party is not deceased or permanently incapacitated),
the electors of Vice President who are pledged to vote for such
nominee should give their votes to the individual designated
for such office by the nominees under paragraph (1);
(4) in the event that both the nominee for President and
the nominee for Vice President of the same political party are
deceased or permanently incapacitated prior to the date
referred to in paragraph (1), the electors of President and
Vice President who are pledged to vote for such nominees should
vote for the individuals designated for each such office by the
nominees under paragraph (1); and
(5) political parties should establish rules and procedures
consistent with the procedures described in the preceding
paragraphs, including procedures to obtain written pledges from
electors to vote in the manner described in such paragraphs.
SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE
SMOOTH TRANSITION OF EXECUTIVE POWER.
(a) Findings.--Congress finds that--
(1) members of the Senate, regardless of political party
affiliation, agree that the American people deserve a
Government that is failsafe and foolproof, and that terrorists
should never have the ability to disrupt the operations of the
Government;
(2) continuity of governmental operations in the wake of a
catastrophic terrorist attack remains a pressing issue of
national importance before the United States Congress;
(3) at a minimum, terrorists should never have the ability,
by launching a terrorist attack, to change the political party
that is in control of the Government, regardless of which party
is in power;
(4) whenever control of the White House shall change from
one political party to another, the outgoing President and the
incoming President should work together, and with the Senate to
the extent determined appropriate by the Senate, to ensure a
smooth transition of executive power, in the interest of the
American people;
(5) under the current presidential succession statute in
section 19 of title 3, United States Code, the members of the
cabinet, defined as the heads of the statutory executive
departments under section 101 of title 5, United States Code,
fall within the line of succession to the presidency;
(6) during previous presidential transition periods, the
incoming President has had to serve with cabinet members from
the prior administration, including subcabinet officials from
the prior administration acting as cabinet members, for at
least some period of time;
(7) the Constitution vests the appointment power of
executive branch officials in the President, by and with the
advice and consent of the Senate, and nothing in this
resolution is intended to alter either the constitutional power
of the President or the constitutional function of the Senate
with regard to the confirmation of presidential nominees;
(8) an incoming President cannot exercise the
constitutional powers of the President, in order to ensure a
smooth transition of Government, until noon on the 20th day of
January, pursuant to the terms of the twentieth amendment to
the Constitution;
(9) cooperation between the incoming and the outgoing
President is therefore the only way to ensure a smooth
transition of Government;
(10) Congress throughout history has acted consistently and
in a bipartisan fashion to encourage measures to ensure the
smooth transition of executive power from one President to
another, such as through the enactment of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277)
and subsequent amendments;
(11) Congress has previously concluded that ``[t]he
national interest requires'' that ``the orderly transfer of the
executive power in connection with the expiration of the term
of office of a President and the inauguration of a new
President . . . be accomplished so as to assure continuity in
the faithful execution of the laws and in the conduct of the
affairs of the Federal Government, both domestic and foreign''
under the Presidential Transition Act of 1963 (3 U.S.C. 102
note; Public Law 88-277);
(12) Congress has further concluded that ``[a]ny disruption
occasioned by the transfer of the executive power could produce
results detrimental to the safety and well-being of the United
States and its people'' under the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(13) Congress has previously expressed its intent ``that
appropriate actions be authorized and taken to avoid or
minimize any disruption'' and ``that all officers of the
Government so conduct the affairs of the Government for which
they exercise responsibility and authority as (1) to be mindful
of problems occasioned by transitions in the office of the
President, (2) to take appropriate lawful steps to avoid or
minimize disruptions that might be occasioned by the transfer
of the executive power, and (3) otherwise to promote orderly
transitions in the office of President'' under the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(14) the National Commission on Terrorist Attacks Upon the
United States established under title VI of the Intelligence
Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note;
Public Law 107-306) expressly recognized the need to ``Improve
the Transitions between Administrations'' in its final report;
(15) the Commission specifically recommended that,
``[s]ince a catastrophic attack could occur with little or no
notice, we should minimize as much as possible the disruption
of national security policymaking during the change of
administrations by accelerating the process for national
security appointments'' and that ``the process could be
improved significantly so transitions can work more effectively
and allow new officials to assume their new responsibilities as
quickly as possible'';
(16) the Commission suggested that ``[a] president-elect
should submit lists of possible candidates for national
security positions to begin obtaining security clearances
immediately after the election, so that their background
investigations can be complete before January 20'', that ``[a]
president-elect should submit the nominations of the entire new
national security team, through the level of under secretary of
cabinet departments, not later than January 20'', that ``[t]he
Senate, in return, should adopt special rules requiring
hearings and votes to confirm or reject national security
nominees within 30 days of their submission'', and that an
outgoing Administration should work cooperatively with an
incoming President to ensure a smooth transition, in the
interest of national security; and
(17) there is no more important national security position
than the office of President, and thus it is essential to
national security that any new administration establish its own
clear and stable line of succession to the presidency as
quickly as possible.
(b) Sense of Congress.--It is the sense of Congress that during the
period preceding the end of a term of office in which a President will
not be serving a succeeding term--
(1) that President should consider submitting the
nominations of individuals to the Senate who are selected by
the President-elect for offices that fall within the line of
succession;
(2) the Senate should consider conducting confirmation
proceedings and votes on the nominations described under
paragraph (1), to the extent determined appropriate by the
Senate, between January 3 and January 20 before the
Inauguration; and
(3) that President should consider agreeing to sign and
deliver commissions for all approved nominations on January 20
before the Inauguration to ensure continuity of Government.
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