[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 775 Introduced in House (IH)]






108th CONGRESS
  2d Session
H. RES. 775

 Expressing the sense of the House of Representatives with respect to 
  the continuity of Government and the smooth transition of executive 
                                 power.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2004

 Mr. Sherman submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives with respect to 
  the continuity of Government and the smooth transition of executive 
                                 power.

Whereas members of the House of Representatives, regardless of political party 
        affiliation, agree that the American people deserve a Government that is 
        failsafe and foolproof, and that terrorists should never have the 
        ability to disrupt the operations of the Government;
Whereas continuity of governmental operations in the wake of a catastrophic 
        terrorist attack remains a pressing issue of national importance before 
        the United States Congress;
Whereas at a minimum, terrorists should never have the ability, by launching a 
        terrorist attack, to change the political party that is in control of 
        the Government, regardless of which party is in power;
Whereas whenever control of the White House shall change from one political 
        party to another, the outgoing President and the incoming President 
        should work together, and with the Senate to the extent determined 
        appropriate by the Senate, to ensure a smooth transition of executive 
        power, in the interest of the American people;
Whereas under the current presidential succession statute in section 19 of title 
        3, United States Code, the members of the cabinet, defined as the heads 
        of the statutory executive departments under section 101 of title 5, 
        United States Code, fall within the line of succession to the 
        presidency;
Whereas during previous presidential transition periods, the incoming President 
        has had to serve with cabinet members from the prior administration, 
        including subcabinet officials from the prior administration acting as 
        cabinet members, for at least some period of time;
Whereas the Constitution vests the appointment power of executive branch 
        officials in the President, by and with the advice and consent of the 
        Senate, and nothing in this resolution is intended to alter either the 
        constitutional power of the President or the constitutional function of 
        the Senate with regard to the confirmation of presidential nominees;
Whereas an incoming President cannot exercise the constitutional powers of the 
        President, in order to ensure a smooth transition of Government, until 
        noon on the 20th day of January, pursuant to the terms of the twentieth 
        amendment to the Constitution;
Whereas cooperation between the incoming and the outgoing President is therefore 
        the only way to ensure a smooth transition of Government;
Whereas Congress throughout history has acted consistently and in a bipartisan 
        fashion to encourage measures to ensure the smooth transition of 
        executive power from one President to another, such as through the 
        enactment of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; 
        Public Law 88-277) and subsequent amendments;
Whereas Congress has previously concluded that ``[t]he national interest 
        requires'' that ``the orderly transfer of the executive power in 
        connection with the expiration of the term of office of a President and 
        the inauguration of a new President . . . be accomplished so as to 
        assure continuity in the faithful execution of the laws and in the 
        conduct of the affairs of the Federal Government, both domestic and 
        foreign'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 
        note; Public Law 88-277);
Whereas Congress has further concluded that ``[a]ny disruption occasioned by the 
        transfer of the executive power could produce results detrimental to the 
        safety and well-being of the United States and its people'' under the 
        Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-
        277);
Whereas Congress has previously expressed its intent ``that appropriate actions 
        be authorized and taken to avoid or minimize any disruption'' and ``that 
        all officers of the Government so conduct the affairs of the Government 
        for which they exercise responsibility and authority as (1) to be 
        mindful of problems occasioned by transitions in the office of the 
        President, (2) to take appropriate lawful steps to avoid or minimize 
        disruptions that might be occasioned by the transfer of the executive 
        power, and (3) otherwise to promote orderly transitions in the office of 
        President'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 
        note; Public Law 88-277);
Whereas the National Commission on Terrorist Attacks Upon the United States 
        established under title VI of the Intelligence Authorization Act for 
        Fiscal Year 2003 (6 U.S.C. 101 note; Public Law 107-306) expressly 
        recognized the need to ``Improve the Transitions between 
        Administrations'' in its final report;
Whereas the Commission specifically recommended that, ``[s]ince a catastrophic 
        attack could occur with little or no notice, we should minimize as much 
        as possible the disruption of national security policymaking during the 
        change of administrations by accelerating the process for national 
        security appointments'' and that ``the process could be improved 
        significantly so transitions can work more effectively and allow new 
        officials to assume their new responsibilities as quickly as possible'';
Whereas the Commission suggested that ``[a] president-elect should submit lists 
        of possible candidates for national security positions to begin 
        obtaining security clearances immediately after the election, so that 
        their background investigations can be complete before January 20'', 
        that ``[a] president-elect should submit the nominations of the entire 
        new national security team, through the level of under secretary of 
        cabinet departments, not later than January 20'', that ``[t]he Senate, 
        in return, should adopt special rules requiring hearings and votes to 
        confirm or reject national security nominees within 30 days of their 
        submission'', and that an outgoing Administration should work 
        cooperatively with an incoming President to ensure a smooth transition, 
        in the interest of national security; and
Whereas there is no more important national security position than the office of 
        President, and thus it is essential to national security that any new 
        administration establish its own clear and stable line of succession to 
        the presidency as quickly as possible: Now, therefore, be it
    Resolved,  That it is the sense of the House of Representatives 
that during the period preceding the end of a term of office in which a 
President will not be serving a succeeding term--
            (1) that President should consider submitting the 
        nominations of individuals to the Senate who are selected by 
        the President-elect for offices that fall within the line of 
        succession;
            (2) the Senate should consider conducting confirmation 
        proceedings and votes on the nominations described under 
        paragraph (1), to the extent determined appropriate by the 
        Senate, between January 3 and January 20 before the 
        Inauguration; and
            (3) that President should consider agreeing to sign and 
        deliver commissions for all approved nominations on January 20 
        before the Inauguration to ensure continuity of Government.
                                 <all>