article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Congress Act of 2003''. SEC. 2. FILLING OF VACANCIES AND INCAPACITIES IN CONGRESS FOLLOWING A CATASTROPHIC INCIDENT. (a) House of Representatives.-- (1) In general.--In the event that one-fourth of the members of the House of Representatives are killed or incapacitated, the legislature of each State may enact such laws declaring who shall serve in the place of such members as the State determines necessary. (2) Options.--Any law enacted under paragraph (1) by the legislature of a State may provide for-- (A) special elections in cases of vacancy; (B) appointment by the governor or legislature of the State, which in cases of vacancy shall be accompanied by a subsequent special election; (C) appointment pursuant to a list of successors created by the incumbent member of the House of Representatives, which in cases of vacancy shall be accompanied by a subsequent special election; or (D) such other procedures as the legislature of the State determines appropriate, which in cases of vacancy shall be accompanied by a subsequent special election. (3) Incapacity.--A member that has been incapacitated may reclaim his or her office at any time after such member determines that he or she is no longer incapacitated. (4) Vacancy.--In the case of vacancy under paragraph (1), the executive authority of the relevant State shall issue writs of election, which shall be held not later than 120 days after any such vacancy occurs. A general election occurring within such 120 day period shall be deemed to satisfy the requirements of this section. (5) Determination.--One-fourth of the members of the House of Representatives shall be considered to have been killed or incapacitated if-- (A) the Speaker of the House (or that person's designee) makes a joint declaration with the leader of the minority party in the House (or that person's designee) that one-fourth of such members have been killed or incapacitated; or (B) if-- (i) the governors of the several States individually certify that one or more of the members representing their respective States have been killed or incapacitated; and (ii) the President certifies, based upon the certifications made under clause (i), that, in the aggregate, one-fourth of the members of the House of Representatives have been killed or incapacitated. (b) Senate.-- (1) In general.--In the event that one-fourth of the members of the Senate are killed or incapacitated, the legislature of each State may enact such laws declaring who shall serve in the place of incapacitated members as the State determines necessary. (2) Options.--Any law enacted under paragraph (1) by the legislature of a State may provide for-- (A) appointment by the governor or legislature of the State; (B) appointment pursuant to a list of successors created by the incumbent member of the Senate; or (C) such other procedures as the legislature of the State determines appropriate. (3) Incapacity.--A member that has been incapacitated may reclaim his or her office at any time after such member determines that he or she is no longer incapacitated. (4) Determination.--One-fourth of the members of the Senate shall be considered to have been killed or incapacitated if-- (A) the Majority Leader of the Senate (or that person's designee) makes a joint declaration with the Minority Leader of the Senate (or that person's designee) that one-fourth of such members have been killed or incapacitated; or (B) if-- (i) the governors of the several States individually certify that one or more of the members representing their respective States have been killed or incapacitated; and (ii) the President certifies, based upon the certifications made under clause (i), that, in the aggregate, one-fourth of the members of the Senate have been killed or incapacitated. SEC. 3. LIMITATION. Nothing in this Act shall limit the authority of any State under the Constitution of the United States to fill a vacancy in the House of Representatives or the Senate. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the date of ratification of the related amendment to the Constitution of the United States authorizing this Act.
summary: Continuity of Congress Act of 2003 - Authorizes the legislature of each State to enact laws declaring who shall serve in the place of members of the House of Representatives and/or the Senate in the event that one-fourth of either or both Houses of Congress are killed or incapacitated.