draw on guidance provided by the White House transition coordinating council and lessons learned from previous Presidential transitions in carrying out its duties. Pub. Wilson's narrow victory over Hughes rendered the plan moot. Pub. [16], The Presidential Succession Act of 1947 (Full text), which was signed into law on July 18, 1947,[13] restored the speaker of the House and president pro tempore of the Senate to the line of successionbut in reverse-order from their 1792 positionsand placed them ahead of the members of the Cabinet, positioned, as before, in the order of the establishment of their department. in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)). 838, as amended by Pub. L. 104208, div. [14] Including the secretary of state was unacceptable to most Federalists, who did not want the then secretary of state, Thomas Jefferson, who had become the leader of the opposition Democratic-Republicans, to follow the vice president in the succession, and many objected to including the chief justice due to separation of powers concerns. Pub. [21], The hypothetical debate about whether the office or merely the powers of the office devolve upon a vice president who succeeds to the presidency between elections became an urgent constitutional issue in 1841, when President William Henry Harrison died in office. upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1). The vice president is designated as first in the presidential line of succession by the Article II succession clause, which also authorizes Congress to provide for a line of succession beyond the vice president. [2][5], The Presidential Succession Act of 1792 (Full text), sections 9 and 10 of a larger act regarding the election of the president and vice president, provided that the president pro tempore of the Senate would be first in line for the presidency should the offices of the president and the vice president both be vacant. The results of the election for such office in States in which significant legal challenges that could alter the outcome of the election in the State have been substantially resolved, such that the outcome is substantially certain. WebIt was a corollary to the doctrine of paramountcy, by which Great Britain, as the ruling power of the Indian subcontinent, claimed the superintendence of the subordinate Indian states and so also the regulation of their succession. Its procedures for declaring a temporary disability have been invoked on four occasions by three presidents. It became law on January 19, 1886, with President Cleveland's signature. The nation faced the prospect of such a double-vacancy in the autumn of 1973. 412; Pub. L. 9674, title III]. L. 111283, 2(a), (b), (d), Oct. 15, 2010, 124 Stat. Pub. On November 30, the Senate approved legislation titled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice President", which was sent to the House for concurrence. Vice President Dick Cheney and Secretary of Transportation Norman Mineta went into an underground bunker at the White House; a few Cabinet members were out of the country that day. The executive Power shall be vested in a President of the United States of America. It contained a provision naming the president pro tempore of the Senate, or, if that office were vacant, the speaker of the House of Representatives as acting president if a vacancy arose in both the presidency and vice presidency. WebIn Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice Under the Presidential Succession Act, Kirkman is now President of the United States. 3, 2020, 134 Stat. Since 1789 there have been eighteen instances of the vice presidency becoming vacant;[32] during those periods, the persons next in line to serve as acting president were: In 2003, the Continuity of Government Commission suggested that the succession law has "at least seven significant issues that warrant attention," specifically: In 2009, the Continuity of Government Commission commented on the use of the term "Officer" in the 1947 statute, The language in the current Presidential Succession Act is less clear than that of the 1886 Act with respect to Senate confirmation. L. 108199 substituted . Our research at Deloitte shows real market frustration with succession planning efforts: While 86 percent of leaders believe leadership succession planning is an urgent or important priority, only 14 percent believe they do it well. The Cabinet has 15 members, of which the secretary of state is first in line; the other Cabinet secretaries follow in the order of when their departments (or the department of which their department is the successor) were created. 4139, title III], Pub. A third, the secretary of transportation, was added the following year. [18][G], Although the Presidential Succession Clause in Article II of the Constitution clearly provided for the vice president to take over the "powers and duties" of the presidency in the event of a president's removal, death, resignation, or inability, left unclear was whether the vice president became president of the United States or simply temporarily acted as president in a case of succession. WebRelatedly, Section 1 sets out the qualifications of the President, the oath of office, and compensation. a number of persons or things following one another in order or sequence. L. 99591, 101(m) [title III, 301], Pub. any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices. Communications services found necessary by the apparent successful candidate. 21 and 22), are repealed. The death of President James A. Garfield on September 19, 1881 after his lengthy incapacity following an assassination attempt resulted in Vice President Chester Arthur ascending to the presidency. USAGov is the official guide to government information and services, Presidents, vice presidents, and first ladies, A-Z index of U.S. government departments and agencies, Indian tribes and resources for Native Americans, Directory of U.S. government agencies and departments, Secretary of Housing and Urban Development. 19 Vacancy in offices of both President and Vice President; officers eligible to act", "Succession: Presidential and Vice Presidential Fast Facts", "Speaker Albert Was Ready to Be President", "For 85 minutes, Kamala Harris became the first woman with presidential power", "Secrets of 9/11: New Details of Chaos, Nukes Emerge", "Sonny Perdue is Trump's 'designated survivor' for State of the Union 2018", "Designated survivors recount nights as doomsday presidents", "Presidential Succession: The Art of the Possible", "Ensuring the Continuity of the United States Government: The Presidency", "Serious Flaws Exist in Our Presidential Succession Laws", "Congress passes presidential succession act: Feb. 20, 1792", "The Dire Need For A Change In The Presidential Succession Act Of 1947", "Constitutional Topic: Presidential Line of Succession", "A brief history of the US Postal Service: How did the US Postal Service become what it is today? Pub. This special election would take place no fewer than two months later. He also pointed out the negative constitutional and practical implications of having the president pro tempore and the speaker in the line of succession. Topological sorting can be done by a succession of breadth-first Not withstanding subsection (b), payment of expenses during the transition and during the term of a President for briefings, workshops, or other activities to acquaint key prospective Presidential appointees with the types of problems and challenges that most typically confront new political appointees when they make the transition from campaign and other prior activities to assuming the responsibility for governance. Although it did not have the force of law, the plan helped to reassure the nation. It was passed by the Senate the following year, but failed in the House. 442. Disclosures under paragraph (1) shall be made public before the initial transition team contact with a Federal department or agency and shall be updated as necessary. 3856; Pub. address how the covered eligible candidate will address his or her own conflicts of interest during a Presidential term if the covered eligible candidate becomes the President-elect; seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information; keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and, not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and. [10] In October 1973, the resignation of Vice President Spiro Agnew made House Speaker Carl Albert first in line to succeed President Richard Nixon but only briefly, as Gerald Ford was sworn in as vice president on December 6, 1973. Each apparent successful candidate, or eligible candidate (as defined in subsection (h)(4)) for President or Vice-President, may designate to the Administrator an assistant authorized to make on his behalf such designations or findings of necessity as may be required in connection with the services and facilities to be provided under this Act. In the very next section of ArticleII, the President is empowered to "require the Opinion, in writing, of the principal Officer in each of the executive Departments" and to appoint, by and with the advice and consent of the Senate, "Officers of the United States". 2392. consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices. This was the situation when President Truman sent a special message to Congress, June 19, urging early revision of the Presidential Succession Act of 1886 'in the interest of orderly, democratic government'.". [38], There is a long history, dating back to the Cold War era,[39] of keeping a designated successor away from events at which numerous high-ranking federal officersincluding the president, vice president, congressional leaders, and Cabinet memberswill be gathered. TRANSITION SERVICES AND ACTIVITIES BEFORE ELECTION. 495; Pub. [10], While the succession provisions of the 1792 Act were never invoked, there were ten instances when the vice presidency was vacant:[11]. Discover what the presidential line of succession is. [3] Less than two weeks after the Act was enacted, Truman signed the National Security Act of 1947 into law. WebClause 1 President's Role. The arrangement reflected Truman's belief that the president should not have the power to appoint to office "the person who would be my immediate successor in the event of my own death or inability to act", and that the presidency should, whenever possible, "be filled by an elective officer". The Presidential Succession Act of 1947 (Full text) restored the speaker of the House and president pro tempore of the Senate to the line of successionin reverse order from their positions in the 1792 actand placed them ahead of the members of the Cabinet, who are positioned once more in the order of the establishment of their department: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney General, Postmaster General, Secretary of the Navy, and Secretary of the Interior. When brought up for discussion the following month, the President pro tempore of the Senate and the Speaker of the House were proposed; the Secretary of State and the Chief Justice of the United States were as well. 4121, title III], Pub. [43], In "Is the Presidential Succession Law Constitutional? ) However, a new president pro tempore of the Senate was named on October 10, 1881, and a new speaker of the House of Representatives was named in December 1881. However, unlike the 1886 act, this statute mandates that any Cabinet officer who accedes to the powers and duties of the presidency resign their Cabinet post. The six secretaries of state who had become president were: Thomas Jefferson, James Madison, James Monroe, John Q. Adams, Martin Van Buren and James Buchanan. L. 108447, div. 1963; Pub. 814; Pub. It would also seemingly prevent Congress from exercising influence on the executive branch by threatening to replace a cabinet member acting as president with a newly elected Speaker of the House.[29]. June 16, 2023. WebUnited States presidential line of succession. [5], The matter was raised again when the 2nd Congress convened later in 1791. Activities under this paragraph shall include the preparation of a detailed classified, compartmented summary by the relevant outgoing executive branch officials of specific operational threats to national security; major military or covert operations; and pending decisions on possible uses of military force. L. 9674, title III], Dec. 16, 1980, 94 Stat. L. 109115, div. L. 10658, title III, Sept. 29, 1999, 113 Stat. [15] It also contains a clause stipulating that any Cabinet officer acting as president may be "bumped" from office (supplanted) by a qualified individual higher up the line of succession, a provision not contained in either of the earlier succession acts. in the form of a report to the Administrator of General Services within 90 days after, made available to the public by the Administrator upon receipt by the Administrator.. WebThe first four officers in the line of presidential succession are the vice president, the speaker of the house, the president pro tempore of the Senate, and the Secretary of the not later than September 30 of the year during which the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of, before the date described in clause (i), upon request of the apparent successful candidate or, after such inauguration, upon request of the President or the. the day on which the memorandum of understanding is completed; or. 4121, title III, for FY 1982], Dec. 21, 1982, 96 Stat. 570, provided that: Amendment by act Jan. 19, 1949, effective noon, Jan. 19, 1949, see section 3 of that act. In this subsection, the term eligible candidate has the meaning given that term in subsection (h)(4). Any apparent successful candidate for the office of President should submit to the, The responsible agency or agencies shall undertake and complete as expeditiously as possible the background investigations necessary to provide appropriate security clearances to the individuals who are candidates described under paragraph (1) before the date of the inauguration of the apparent successful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of, In the case where an apparent successful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of, shall notify the candidate of the candidates right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and. Share sensitive information only on official, secure websites. The Constitution's Succession ClauseArticle II, Section 1, Clause 6specifies that only an "Officer" may be designated as a Presidential successor. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. L. 10658 substituted $400,000 for $200,000. 2413; Pub. Law regarding the order of succession to United States president, Toggle Presidential Succession Act of 1792 subsection, Toggle Presidential Succession Act of 1886 subsection, Toggle Presidential Succession Act of 1947 subsection, Under the original procedure for choosing the President and Vice President prescribed by Article II, Section 1, Clause 3, of the Constitution, each. 5241, provided: [Pub. something (such as money) given or received as payment or reparation (as for a service or loss or injury) presidential succession. Provisions prohibiting expenditure of funds made available for official expenses for any other purpose and requiring reversion of any unused amount to the Treasury pursuant to 31 U.S.C. The United States presidential line of succession is the order in which the vice president of the United States and other officers of the United States federal government assume the powers and duties of the U.S. presidency (or the office itself, in the instance of succession by the vice president) upon an elected president's death, resignation, removal from office, or incapacity. Suitable office space appropriately equipped with furniture, furnishings, office machines and equipment, and office supplies, as determined by the Administrator, after consultation with the apparent successful candidate, or their designee provided for in subsection (e) of this section, at such place or places within the United States as the apparent successful candidate shall designate. In each case, had the incumbent president died, resigned, been removed from office or been disabled during one of these vice presidential vacancies, the president pro tempore of the Senate would have become the acting president. Based on that same authority, the act also applies to situations in which there is neither a president-elect nor a vice president-elect on Inauguration Day.[29]. Pub. the term eligible candidate has the meaning given that term in section 3(h)(4); means information from the Federal Government that a member of a transition team obtains as part of the employment of the member that such member knows or reasonably should know has not been made available to the general public; and, is not authorized by the appropriate government agency or officials to be released to the public; and, the term Presidential election means a general election held to determine the electors of President and, establishing and operating a White House transition coordinating council in accordance with subsection (d); and. It covers the procedure that governs questions of presidential (and vice-presidential) succession and disability. Pub. 198; Pub. No amount of such expense allowance shall be included in the gross income of the President. for ,for which expense allowance no accounting, other than for income tax purposes, shall be made by him.. 3048, which authorized certain types of actions to be taken by the President to facilitate an efficient transfer of power to a successor President and required reports on such actions taken, was repealed by Pub. Such a double vacancy nearly occurred on three occasions: As a consequence of the sometimes lengthy vacancies in the office of vice president, the person serving as president pro tempore of the Senate garnered heightened importance, for although he did not assume the vice presidency, he was then next in line for the presidency. How has the read more. [13] The president pro tempore and speaker were excluded from the new line, and the provision mandating a special presidential election when a double vacancy arose was also dropped. Activities under this paragraph may include training or orientation in human resources management and performance-based management. Taking a holistic view of current and future goals, this type of preparation ensures that you have the right people in the right jobs today and in the years to come. Each apparent successful candidate (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall not accept more than $5,000 from any person, organization, or other entity for purposes of carrying out activities authorized by this Act. L. 10452, title V, 523, Nov. 19, 1995, 109 Stat. Hoar laid out several reasons why the succession statute needed to be changed: among them, that the four-year term of a president elected in a special election might be out of sync with the congressional election cycle, resulting in "confusion and trouble". L. 100440, title III, Sept. 22, 1988, 102 Stat. (We have spoken to acting secretaries who told us they had been placed in the line of succession.)[66]. assist the Federal Transition Coordinator in identifying and carrying out the responsibilities of the Federal Transition Coordinator relating to a Presidential transition; provide guidance to agencies in gathering briefing materials and information relating to the Presidential transition that may be requested by eligible candidates; ensure materials and information described in subparagraph (B) are prepared not later than November 1 of a year during which a Presidential election is held; ensure agencies adequately prepare career employees who are designated to fill non-career positions under subsection (f) during a Presidential transition; and. One effort put forward by the Continuity of Government Commission, a nonpartisan think tank, produced three reports (2003, 2009, and 2011), the second of which focused on the implicit ambiguities and limitations in the succession act, and contained recommendations for amending the laws for succession to the presidency. For example, Secretary of Agriculture Sonny Perdue was the Cabinet member so designated when President Donald Trump delivered his 2018 State of the Union Address. L. 95570 substituted Executive Residence at the White House for Executive Mansion. L. 100398, 2(a), 3, 4, Aug. 17, 1988, 102 Stat. [11], Nine vice presidents have succeeded to the presidency intra-term, eight due to the president's death, and one due to the president's resignation from office. He was nicknamed "His Accidency" and excoriated as a usurper. L. 99591, 101(m) [title III, 301], Oct. 30, 1986, 100 Stat. [30][44] In a January 2011 Roll Call op-ed, Representative Brad Sherman wrote, [The bumping provision] creates a game of musical chairs with the presidency and would cause great instability. [34] Recourse in this case to the 1947 Act was not necessary, because Section 2 of the Twenty-fifth Amendment, ratified only six years earlier, established a mechanism for filling an intra-term vice presidential vacancy. the right, act, or process, by which one person succeeds to the office, rank, estate, or the like, of another. 477. [7][15], The Presidential Succession Act of 1886 (Full text) established succession to include the members of the president's cabinet in the order of the establishment of the various departments, beginning with the secretary of state,[E] and stipulated that any official discharging the powers and duties of the presidency must possess the constitutional qualifications to hold the office. [9][32], When the latter department was created in 2002, the act creating it did not contain a provision adding the new department's secretary into the line of presidential succession. L. 111283, 3, Oct. 15, 2010, 124 Stat. Not later than September 1 of a year during which a Presidential election occurs, the Administrator shall, to the maximum extent practicable, enter into a memorandum of understanding with each eligible candidate, which shall include, at a minimum, the conditions for the administrative support services and facilities described in subsection (a). Perdue was taken to a secure location several hours beforehand, and remained there throughout the event. [26] Two situations are noteworthy: When President Dwight D. Eisenhower suffered a heart attack in September 1955, he and Vice President Richard Nixon developed an informal plan authorizing Nixon to assume some administrative duties during Eisenhower's recovery. 2451, provided that: Pub. In 1979, when the Department of Health, Education, and Welfare was divided by the Department of Education Organization Act, its secretary was replaced in the order of succession by the secretary of health and human services, and the new secretary of education was added in the last position. establishing and operating an agency transition directors council in accordance with subsection (e). The absence of a provision where a president is disabled and the vice presidency is vacant (for example, if an assassination attempt simultaneously wounded the president and killed the vice president). The designation of a new individual as the transition representative of an eligible candidate shall not require the execution of a new memorandum of understanding under this subsection. The Administrator is authorized to provide, upon request, to each former President and each former, Each apparent successful candidate (as determined by section 3(c)) (as a condition for receiving services under section 3 and for funds provided under section 7(a)(1)) shall disclose to the Administrator the date of contribution, source, amount, and expenditure thereof of all money, other than funds from the Federal Government, and including currency of the United States and of any foreign nation, checks, money orders, or any other negotiable instruments payable on demand, received either before or after the date of the general elections for use in the preparation of the apparent successful candidate for the assumption of official duties as President or.
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