Law:United States/USRS/Title 3/Chapter 1/Article 4

Title 3. Executive Department and Federal Government

Chapter 1. Executive Agencies Generally

ARTICLE 4. EMERGENCY EXECUTIVE SUCCESSION ACT

§ 3-401. Short title

This Act may be cited as the “Emergency Executive Succession Act”.

§ 3-402. Findings and authority

1. The Federal Council and Congress find that there should be a procedure in place for the prompt reconstitution of the Federal Executive in the event that the entire Gubernatorial line of succession is killed or incapacitated.
2. The Authority for this Act is the United States Constitution, 1720, specifically:— Article 2-B, section 8, part A, paragraph 13; article 2-B, section 8, part A, paragraph 7; article 2-C, section 1, paragraph 4; and article 2-E, part II, section 9.

§ 3-402.1. Definitions

1. In this Act, unless by clear and express words it is stated otherwise,:
   1. “Governor-in-Council”, shall mean the Governor-General acting on the Advice of the Federal Council;

§ 3-403. Continuity of government; executive department; reconstitution; procedure

1. In Case of the Removal of the Governor-General from Office, or of his Death, Resignation, or other Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the President of the Senate: Provided, That in case of removal, death, resignation, or inability of both the Governor-General and President of the Senate, the Commissioner for State and Foreign Affairs; or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney-General; or if there be none, or in case of his removal, death, resignation, or inability, then the Commissioner for Public Safety, or if there be none, or in case of his removal, death, resignation, or inability, then the Commissioner for Military and Naval Affairs, or if there be none, or in case of his removal, death, resignation, or inability, then the Commissioner for the Treasury; or if there be none, or in case of his removal, death, resignation, or inability, then the Commissioner for the Interior; or if there be none, or in case of his removal, death, resignation, or inability, then the Commissioner for Administration; or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster-General shall act as Governor-General until the Disability of the Governor-General or President of the Senate is removed or a Governor-General shall be elected and qualified; Provided always, that if there be none of the Officers above named, or in case of their removal, death, resignation, or inability, then the Federal Council shall, forthwith, appoint an Administrator to execute the Powers and Duties of the Office of Governor-General of the United States until the Disability of the Governor-General or President of the Senate is removed or a Governor-General shall be elected and qualified; Provided additionally, That whenever the Powers and Duties of the Office of Governor-General shall devolve upon any of the Persons named herein, if the Congress be not then in session, or if they would not meet in accordance with Law within twenty Days thereafter, it shall be the Duty of the Person upon whom said Powers and Duties shall devolve to convene the Congress into extraordinary Session, giving notice of twenty Days of the time of Meeting; —And the Governor-in-Council may, by and with the Advice and Consent of the Senate and House of Representatives of the United States in Congress assembled, by Law provide for the Case of Removal, Death, Resignation, or other Inability, both of the Governor-General and the President of the Senate, and also of the aforementioned Officers, declaring what Officer shall then act as Governor-General, and such Officer shall act accordingly, until the Disability be removed, or a Governor-General shall be elected and qualified.
2. In the event that the President of the Senate is killed or incapacitated, resigns, or exercises the Powers and Duties of the Office of Governor-General, the President pro Tempore of the Senate shall exercise the Powers and Duties of the Office of President of the Senate until the Disability be removed or until such Time as a new President of the Senate shall be chosen and qualified in the Manner prescribed by article 2-E, part II, section 5, of the United States Constitution, 1720.
3. In any Agency of the Federal Executive Department, in which the Head of such Agency is killed, incapacitated, or resigns, the principal Deputy to the Head of such Agency shall exercise the Powers and Duties of the Office of the Head of that Agency until the Disability be removed or a new Head shall be chosen and qualified in the Manner prescribed by the Constitution and Laws of the United States.

§ 3-404. Eligibility

That the preceding section shall only be held to describe and apply to such Officers as shall have been appointed by and with the Advice and Consent of the Senate to the Offices therein named, and such as are eligible to the Office of Governor-General under the Constitution, and not under impeachment by the House of Representatives of the United States at the Time the Powers and Duties of the Office shall devolve upon them respectively.