{ "id": "RL31761", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31761", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 305730, "date": "2005-06-29", "retrieved": "2016-04-07T19:39:57.125029", "title": "Presidential Succession: An Overview with Analysis of Legislation Proposed in the 108th Congress", "summary": "Whenever the office of President of the United States becomes vacant due to \u201cremoval\n... death or\nresignation\u201d of the chief executive, the Constitution provides that \u201cthe Vice President\nshall become\nPresident.\u201d When the office of Vice President becomes vacant for any reason, the President\nnominates a successor, who must be confirmed by a majority vote of both houses of Congress. If\nboth of these offices are vacant simultaneously, then, under the Succession Act of 1947, the Speaker\nof the House of Representatives becomes President, after resigning from the House and as Speaker. \nIf the speakership is also vacant, then the President Pro Tempore of the Senate becomes President,\nafter resigning from the Senate and as President Pro Tempore. If both of these offices are vacant,\nor if the incumbents fail to qualify for any reason, then cabinet officers are eligible to succeed, in the\norder established by law (3 U.S.C. Section 19, see Table 3). In every case, a potential successor\nmust be duly sworn in his or her previous office, and must meet other constitutional requirements\nfor the presidency, i.e., be at least 35 years of age, a \u201cnatural born citizen,\u201d and for\n14 years, a\n\u201cresident within the United States.\u201d Succession-related provisions are derived from\nthe Constitution,\nstatutory law, and political precedents of the past two centuries. Since 1789, Vice Presidents have\nsucceeded on nine occasions, eight times due to the death of the incumbent, and once due to\nresignation (see Table 1). The vice presidency has become vacant on 18 occasions since 1789. Nine\nof these occurred when the Vice President succeeded to the presidency; seven resulted from the death\nof the incumbent; and two were due to resignation (see Table 2). \n \n The events of September 11, 2001 raised concerns about continuity in the presidency and\nsuccession issues in general. Following establishment of the Department of Homeland Security\n(DHS), legislation to include the DHS secretary in the line of succession was introduced in the 108th\nCongress: S. 148 , H.R. 1354 , and H.R. 2319 . These bills\nsought to include the Secretary of Homeland Security in the line of succession following the\nAttorney General, while H.R. 2319 also made further amendments to the Succession\nAct of 1947. Other measures sought major changes to existing succession law ( H.R. 2749 , S. 2073 , S.Res. 419 ), or proposed actions not requiring legislation\n( H.Res. 775 and S.Con.Res. 89 ). S. 148 passed the Senate\nby unanimous consent on June 27, 2003, but no action beyond committee referral took place on any\nof the other measures. The Senate Committees on the Judiciary and Rules and Administration held\na joint hearing September 16, 2003 to review the Succession Act of 1947 and the question of\nsuccession in general. An informational hearing was also held by the Subcommittee on the\nConstitution of the House Committee on the Judiciary on October 6, 2004.\n For additional related information, please consult CRS Report RS20827(pdf) , Presidential\nand Vice\nPresidential Terms and Tenure , by Thomas H. Neale, and CRS Report RS20260(pdf) , Presidential\nDisability: An Overview , by Thomas H. Neale. 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