Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress (CRS Report for Congress)
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| Release Date |
Revised March 22, 2007 |
| Report Number |
RL32969 |
| Report Type |
Report |
| Authors |
Thomas H. Neale, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
When the office of President of the United States becomes vacant due to "removal ... death or resignation" of the chief executive, the Constitution provides that "the Vice President shall become President." When the office of Vice President becomes vacant for any reason, the President nominates a successor, who must be confirmed by a majority vote of both houses of Congress. If both offices are vacant simultaneously, the Speaker of the House of Representatives becomes President, after resigning from the House and as Speaker. If the speakership is also vacant, the President Pro Tempore of the Senate becomes President, after resigning from the Senate and as President Pro Tempore. If both offices are vacant, then cabinet officers are eligible to succeed, in the order established by law. All potential successors must be duly sworn in their previous offices and meet the presidency's constitutional requirements of 35 years of age, "natural born" citizenship, and 14 years residence "within the United States." Presidential succession was widely considered a settled issue prior to the terrorist attacks of September 11, 2001. These events demonstrated the potential for a mass "decapitation" of both the legislative and executive branches of government, and raised the question of whether current arrangements are adequate to guarantee continuity in government under such circumstances.
Legislation proposed in the 109th Congress fell into two basic categories: bills to expand the line of succession to incorporate the Secretary of the Department of Homeland Security (DHS) into the order of succession, and those that proposed a more extensive overhaul of succession policies and procedures. The 109th Congress did not, however, pass a free-standing presidential succession bill of either variety; instead, it incorporated the Secretary of DHS as 18th in the line of succession, following the Secretary of Veterans Affairs. The legislative vehicle was Title V, Section 503, of the USA Patriot Improvement and Reauthorization Act of 2005 (H.R. 3199, (Representative James Sensenbrenner), P.L. 109-177, 120 Stat. 192).
Of proposed legislation that was not enacted, H.R. 1455, (Representative Tom Davis), and S. 442 (Senator Mike DeWine) fell into the first category, seeking to incorporate the Secretary of DHS into the line of succession, but as eighth in line, after the Attorney General. S. 442 passed in the Senate without amendment by unanimous consent on July 26, 2005; it was received in the House and referred on September 19 to the House Judiciary Committee's Subcommittee on the Constitution. H.R. 1455 was referred to the Committee on Government Operations, which reported it favorably to the full House on October 20, 2005. No further action was taken on either bill during the 109th Congress.
H.R. 1943, (Representative Brad Sherman), and S. 920, (Senator John Cornyn) were of the second variety, seeking not only to incorporate the Secretary of DHS in the line of succession, but also to include provisions to ensure presidential continuity in the event of a catastrophic attack on the U.S. Government. No action beyond committee referral was taken on either bill during the 109th Congress.
This report will not be updated.
