Despite occasional discussions, 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 questions as to whether current arrangements were adequate to guarantee continuity in Congress and the presidency under such circumstances. Legislation proposed in the 109 th Congress fell into two basic categories: bills to expand the line of succession to incorporate the Secretary of Homeland Security (DHS) into the order of succession, and those that sought a more extensive overhaul of succession policies and procedures. The 109 th Congress did not, however, pass a free standing presidential succession bill of either variety; instead, it incorporated the office of Secretary of Homeland Security into the line of succession in Title V of the USA Patriot Improvement and Reauthorization Act of 2005 ( P.L. Finally, this and both later succession acts required that designees meet the constitutional requirements of age, residence, and natural born citizenship. A bill incorporating the President's proposal, minus the special election provision, passed the House in 1945, but no action was taken in the Senate during the balance of the 79 th Congress. 380, 3 U.S.C.§19), if both the presidency and vice presidency are vacant, the Speaker succeeds (after resigning the speakership and his House seat). The succession acts of both 1792 and 1947 assumed that the language was sufficiently broad as to include officers of Congress, the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Professor Howard Wasserman, of the Florida International University School of Law, introduced another argument in support of the Speaker's and President Pro Tempore's inclusion in the order of succession in his testimony before the 2003 joint hearing held by the Senate Judiciary Committee and the Committee on Rules and Administration:
The Succession Clause [of the Constitution] provides that "Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and the Vice President, declaring what Officer shall then act as President and such Officer shall act accordingly." 109-177

Two bills to incorporate the Secretary of Homeland Security in the line of succession, S. 422 and H.R. S. 442 was received in the House on July 27; it was referred to the House Judiciary Committee and on September 19 further referred to the Subcommittee on the Constitution. On April 5, 2005, H.R. On October 20, the bill was considered in the Committee on Government Reform, and was reported favorably to the full House by voice vote. First, it would have incorporated the DHS Secretary in the line of succession, but directly following the Secretary of Veterans Affairs, rather than following the Attorney General. Representative Sherman and Senator Cornyn, sponsors of H.R. H.R. No further action was taken on either bill for the balance of the 109 th Congress. 109-177 , 120 Stat.
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.