THE PRESIDENTIAL CONTINUITY ACT¶

A Reform of the Presidential Line of Succession and Disability Framework¶

Revision 1.0¶

SECTION 1. SHORT TITLE¶

This Act may be cited as the "Presidential Continuity Act."

SECTION 2. FINDINGS¶

(a) Constitutional Authority¶

Congress finds that:

Article II, Section 1, Clause 6 of the Constitution empowers Congress to declare, by law, what Officer shall act as President in the event of a vacancy in the offices of both the President and the Vice President.
The Twenty-Fifth Amendment, Section 4, authorizes Congress to provide, by law, for a body other than the principal officers of the executive departments to participate in declarations of presidential inability.
Congress possesses full authority, under the Succession Clause and under Section 4 of the Twenty-Fifth Amendment, to repeal and replace the Presidential Succession Act of 1947 and to establish a comprehensive statutory framework for presidential succession and disability determinations.

(b) Deficiencies of the Existing Framework¶

Congress finds that:

The Presidential Succession Act of 1947 places the Speaker of the House of Representatives and the President pro tempore of the Senate ahead of all Cabinet secretaries in the statutory line of succession, creating a constitutionally suspect and structurally unsound arrangement that risks collapsing the separation of powers by positioning the leader of a coordinate branch to assume executive authority.
The inclusion of legislative officers in the line of succession creates the possibility that a double vacancy in the offices of President and Vice President would install, as Acting President, an individual who represents a different party and a different governing direction than the one chosen by the voters at the most recent presidential election.
The Presidential Succession Act of 1947 permits a "prior entitled individual" to displace an Acting President already exercising the powers and duties of the office, introducing the possibility of executive displacement at the moment of maximum national vulnerability.
The existing statutory framework concentrates the entire line of succession within the Washington, D.C. metropolitan area, leaving the continuity of executive authority vulnerable to a single catastrophic event.
Congress has not exercised its authority under Section 4 of the Twenty-Fifth Amendment to establish an independent body for presidential disability determinations, leaving such determinations subject to the inherent conflicts of interest that arise when Cabinet officers are asked to act against the president who appointed them.

(c) Case for Reform¶

Congress finds that:

The line of succession should consist exclusively of officers of the United States appointed by the President and confirmed by the Senate, ensuring that every statutory successor has been vetted for executive responsibility and shares the governing orientation the voters chose.
The period from 1886 to 1947 -- during which the line of succession ran exclusively through the Cabinet, beginning with the Secretary of State -- produced no constitutional difficulties, demonstrating that a Cabinet-only succession line is a proven and workable framework.
Once an individual lawfully begins serving as Acting President, finality in succession is a prerequisite for effective governance; no subsequently qualifying individual should be permitted to displace a sitting Acting President.
The concentration of all statutory successors in a single metropolitan area is a national security vulnerability; ensuring geographic dispersal of at least one designated successor at all times is a necessary operational safeguard.
An independent, bipartisan Presidential Disability Review Commission, composed of individuals without a personal stake in the outcome of a disability determination, will improve the reliability, credibility, and constitutional integrity of Section 4 proceedings under the Twenty-Fifth Amendment.

TITLE I: REPEAL OF PRIOR LAW¶

Section 101. Repeal¶

(a) Repeal of the Presidential Succession Act of 1947¶

Section 19 of title 3, United States Code, is repealed.

(b) Conforming Amendment¶

Any reference in federal law to section 19 of title 3, United States Code, or to the Presidential Succession Act of 1947, shall be construed to refer to the applicable provision of this Act.

TITLE II: THE LINE OF SUCCESSION¶

Section 201. Establishment of the Line of Succession¶

(a) General Rule¶

In the event that the offices of President and Vice President are both vacant, the powers and duties of the President shall devolve upon the first individual in the order set forth in subsection (b) who is qualified to serve under Section 202.

(b) Order of Succession¶

The line of succession shall be as follows:

Secretary of State
Secretary of the Treasury
Secretary of Defense
Attorney General
Secretary of the Interior
Secretary of Agriculture
Secretary of Commerce
Secretary of Labor
Secretary of Health and Human Services
Secretary of Housing and Urban Development
Secretary of Transportation
Secretary of Energy
Secretary of Education
Secretary of Veterans Affairs
Secretary of Homeland Security

(c) Vacancies and Disqualification¶

An individual holding a position listed in subsection (b) who is not qualified to serve under Section 202, or whose position is vacant at the time succession is required, shall be passed over, and the powers and duties of the President shall devolve upon the next qualified individual in the order set forth in subsection (b).

(d) Future Departments¶

If Congress establishes a new executive department after the date of enactment, the Secretary of that department shall be added to the line of succession in the position immediately following the Secretary of Homeland Security, in the order of the department's establishment.

Section 202. Qualifications for Service as Acting President¶

(a) Required Qualifications¶

To be eligible to serve as Acting President under this Act, an individual must, at the time succession is required:

(1) Be a natural-born citizen of the United States;

(2) Have attained the age of 35 years;

(3) Have been a resident within the United States for 14 years;

(4) Be serving in the relevant Cabinet position pursuant to a Senate confirmation that was in effect at the time of the vacancy;

(5) Not be under trial in the Senate on articles of impeachment; and

(6) Not be constitutionally ineligible for the office of President for any other reason.

(b) Temporary Absence¶

An individual serving as Acting President under this Act shall not be displaced solely on account of a temporary absence from duty or a temporary physical incapacity, provided the individual retains the legal and mental capacity to discharge the powers and duties of the office.

Section 203. Authority of the Acting President¶

(a) Full Authority¶

An individual serving as Acting President under this Act shall possess and may exercise all constitutional and statutory powers and duties of the office of President of the United States.

(b) Duration of Service¶

An individual serving as Acting President under this Act shall serve until:

(1) A President or Vice President who is constitutionally qualified to resume or assume the office presents themselves and is confirmed to be eligible; or

(2) The expiration of the presidential term in which the vacancy occurred.

TITLE III: PROHIBITION ON DISPLACEMENT OF ACTING PRESIDENT¶

Section 301. Finality of Succession¶

(a) General Rule¶

Once an individual has lawfully begun serving as Acting President pursuant to this Act, no subsequently qualifying individual -- whether by reason of subsequent Senate confirmation to a higher-ranked Cabinet position, resolution of a prior disqualification, or any other change in circumstances -- shall displace the Acting President from the exercise of the powers and duties of the office.

(b) Application¶

The prohibition in subsection (a) applies to all changes in circumstance occurring after the moment the Acting President first assumes the powers and duties of the office, including:

(1) Senate confirmation of an individual to a Cabinet position ranked higher in the line of succession under Section 201(b) than the current Acting President;

(2) Resolution of a disqualification that previously rendered a higher-ranked individual ineligible under Section 202; and

(3) Any other event that would, in the absence of this section, cause a higher-ranked individual to become qualified under Section 202.

(c) Limitation¶

Nothing in this section shall be construed to prevent a duly elected President or Vice President, or an individual resuming the presidency following a recovery from disability, from reclaiming the powers and duties of the office to which they are constitutionally entitled.

TITLE IV: GEOGRAPHIC DISPERSAL OF DESIGNATED SUCCESSORS¶

Section 401. Requirement of Geographic Dispersal¶

(a) General Rule¶

At all times, at least one individual in the line of succession established by Section 201(b) shall be designated to maintain a primary duty station outside the Washington, D.C. metropolitan area, as defined in Section 402.

(b) Designation by the President¶

(1) The President shall, by executive order, designate one or more individuals from the line of succession under Section 201(b) to serve as geographically dispersed successors for the purposes of this Title.

(2) A designation under this subsection shall specify a primary duty station outside the Washington, D.C. metropolitan area where the designated individual shall be physically present during elevated-risk national events, including:

(A) The State of the Union address;

(B) Joint sessions of Congress;

(C) Presidential inaugurations; and

(D) Such other events as the President may designate by executive order as presenting elevated risk of a catastrophic simultaneous vacancy in the offices of President, Vice President, and all higher-ranked successors then present in the Washington, D.C. metropolitan area.

(3) A designation under this subsection shall remain in effect until revoked or superseded by subsequent executive order.

(c) Statutory Default Designation¶

In the absence of an executive order issued pursuant to subsection (b), the Secretary of the Interior is designated by statute as the geographically dispersed successor and shall maintain a primary duty station outside the Washington, D.C. metropolitan area during the events specified in subsection (b)(2).

(d) Authority of the Designated Successor¶

A designated geographically dispersed successor retains full standing in the line of succession established by Section 201 and, if called upon, possesses the same authority to serve as Acting President as any other qualified individual under Title II.

Section 402. Definition of Washington, D.C. Metropolitan Area¶

(a) Definition¶

For purposes of this Title, "Washington, D.C. metropolitan area" means the District of Columbia and any county or independent city located within 100 miles of the United States Capitol building.

TITLE V: PRESIDENTIAL DISABILITY REVIEW COMMISSION¶

Section 501. Establishment¶

(a) Establishment¶

There is established, as an independent body, the Presidential Disability Review Commission (in this Title referred to as "the Commission").

(b) Purpose¶

The Commission is established to provide an independent, bipartisan mechanism for participating in presidential disability proceedings under Section 4 of the Twenty-Fifth Amendment, consistent with Congress's authority under that provision to designate "such other body as Congress may by law provide."

Section 502. Composition¶

(a) Membership¶

The Commission shall consist of seven members, appointed as follows:

(1) Two members appointed by the President pro tempore of the Senate, one from each major political party;

(2) Two members appointed by the Speaker of the House of Representatives, one from each major political party;

(3) One member appointed by the Chief Justice of the United States;

(4) One member appointed by the most senior retired Associate Justice of the Supreme Court of the United States who is willing to serve; and

(5) One member appointed by the President of the United States, subject to confirmation by the Senate.

(b) Eligibility¶

Members shall be individuals who have previously served in one or more of the following capacities:

(1) Attorney General of the United States;

(2) Secretary of Defense of the United States;

(3) White House Chief of Staff;

(4) Director of National Intelligence or Director of Central Intelligence;

(5) Surgeon General of the United States;

(6) A licensed physician with board certification in neurology, psychiatry, or internal medicine and substantial clinical or academic experience; or

(7) A retired Article III federal judge.

(c) Terms¶

(1) Members shall serve staggered terms of seven years.

(2) No member may serve more than one term.

(3) A member appointed to fill a vacancy shall serve only the remainder of the unexpired term.

(d) Removal¶

A member of the Commission may be removed only for cause, upon a finding by a two-thirds vote of the remaining members, subject to review in the United States District Court for the District of Columbia.

(e) Vacancies¶

A vacancy in the Commission shall not impair the authority of the remaining members to conduct business, provided a quorum is present. For purposes of this Title, a quorum shall consist of four members.

(f) Prohibition on Conflicts of Interest¶

No member shall serve simultaneously in any appointed or elected position in the federal government.

Section 503. Powers and Participation in Disability Proceedings¶

(a) Designation as Statutory Body¶

The Commission is designated as the "other body" within the meaning of Section 4 of the Twenty-Fifth Amendment to the Constitution.

(b) Declaration of Inability¶

The Commission may, by a majority vote of its members, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that the President is unable to discharge the powers and duties of the office. Such a declaration shall have the same legal effect as a declaration by the principal officers of the executive departments under Section 4 of the Twenty-Fifth Amendment, and shall be valid only if co-signed by the Vice President.

(c) Investigative Authority¶

In connection with a disability determination under this section, the Commission may:

(1) Request a voluntary medical evaluation of the President by qualified physicians designated by the Commission;

(2) Review medical records voluntarily provided to the Commission by the President or the President's authorized representative; and

(3) Consult with current and former government officials, medical professionals, and other experts as the Commission determines necessary.

(d) Limitation on Compulsory Authority¶

Nothing in this Title shall be construed to authorize the Commission to compel the President to submit to a medical examination or to produce medical records.

Section 504. Independence and Administration¶

(a) Independence¶

The Commission shall act independently and shall not be subject to direction, supervision, or interference by any officer or employee of the executive branch in the exercise of its duties under this Title.

(b) Staffing¶

The Commission may hire such staff as are necessary to carry out its duties, subject to the availability of appropriations.

(c) Funding¶

There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Title. Appropriations for the Commission shall be made directly to the Commission and shall not be subject to reprogramming or rescission by the executive branch.

TITLE VI: GENERAL PROVISIONS AND EFFECTIVE DATE¶

Section 601. Effective Date¶

(a) General Rule¶

Except as provided in subsection (b), this Act shall take effect on the date of enactment.

(b) Delayed Effective Date for Title V¶

Title V of this Act shall take effect on the date that is 180 days after the date of enactment, to allow for the appointment and, where applicable, confirmation of Commission members. During the period between enactment and the effective date of Title V, presidential disability determinations under Section 4 of the Twenty-Fifth Amendment shall continue to be governed by existing law and practice.

Section 602. Severability¶

(a) General Rule¶

If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held to be invalid by a court of competent jurisdiction, the remainder of this Act and the application of its provisions to other persons or circumstances shall not be affected.

Section 603. Codification¶

(a) Line of Succession¶

Sections 201 through 203 of this Act shall be codified at section 19 of title 3, United States Code, in place of the provision repealed by Section 101.

(b) Geographic Dispersal¶

Sections 401 and 402 of this Act shall be codified at a new section 20 of title 3, United States Code.

(c) Presidential Disability Review Commission¶

Sections 501 through 504 of this Act shall be codified at a new section 21 of title 3, United States Code.

Revision history available in the raw file.

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Last revised April 2026

Prepared by Albert Ramos for The American Policy Architecture Institute