text: 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.
target: 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.
feat_title: A bill to authorize the States to implement such mechanisms as are necessary to endure the continuity of Congress in the event that one-fourth of the members of either the House of Representatives or the Senate are killed or incapacitated.