[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 419 Introduced in Senate (IS)]






108th CONGRESS
  2d Session
S. RES. 419

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2004

 Mr. Cornyn submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION


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

    Whereas members of the Senate, 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); and
    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): Now, therefore, be 
            it
    Resolved, that it is the sense of the Senate 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>