[Congressional Record Volume 149, Number 159 (Wednesday, November 5, 2003)]
[Senate]
[Pages S14032-S14033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Mr. Lott):
  S. 1820. 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; to the Committee on Rules and 
Administration.
  Mr. CORNYN. Mr. President, I rise to say a few words about the 
continuity of Government. More than 2 years since the terrible events 
of September 11, Congress has not taken any steps necessary to protect 
the Nation by ensuring continuity of Government operations should there 
be another attack and the tragic loss of life or disability on the part 
of Members of the United States Congress. The Founders of this country 
rightly required a majority of each House to constitute a quorum to do 
business, to ensure a nationally representative Congress. But the 
Constitution does not provide, I should say, adequate mechanisms to 
assure a continuing, functioning Congress if a majority of the Members 
are incapacitated or killed by a terrorist attack.
  Our current system of providing for the continuity of Government in 
the event of a disaster is simply inadequate to meet the realities of a 
post-9/11 world. As unthinkable as another attack of that magnitude 
might be, we must be ready for the worst.
  In fact, we have a duty as the elected Representatives of our 
respective States to do everything within our power to provide for a 
stable continuance and function of Government, despite all possible 
catastrophes. We must not leave our Nation's citizens without 
representation, without order, and without defense. We simply owe it to 
the American people to ensure that our Government will remain strong 
and stable, even in the face of disaster.
  It is my conviction that this issue deserves more than just token 
attention. It is not something we can or should put off until another 
day. It is urgent and it is a critical element of our ongoing fight 
against terror.
  Today, I have offered a proposal to provide for the continuity of 
congressional operations. In coming weeks, I will submit legislation to 
address the problems of our current system of Presidential succession 
as well.
  Earlier this year, the bipartisan Continuity of Government 
Commission,

[[Page S14033]]

which was a joint project of the American Enterprise Institute and the 
Brookings Institution, issued a report which unanimously recommended a 
constitutional amendment:

       To allow immediate, temporary appointments to Congress 
     until special elections could be held to fill vacancies or 
     until matters of incapacitation can be resolved.

  Many Members of Congress strongly agree with the recommendation of 
that commission. Some, however, are reluctant to allow for the 
appointment rather than the election of Representatives, no matter how 
dire the emergency. To protect the American people and ensure a 
functioning Congress, we must find a way to bridge the gap on a 
temporary basis. I submit that this must be an emergency measure which 
would allow for the ongoing operation of Government in a catastrophe 
but which would then allow for election in the ordinary course of 
events, after events had been stabilized.
  I have proposed a constitutional amendment that would allow Congress 
to enact laws providing for congressional succession modeled after the 
provision of article II, authorizing Congress to enact laws providing 
for Presidential succession.
  I also propose implementing legislation to authorize each State to 
craft their own mechanisms for filling vacancies in their congressional 
delegations, which is modeled after the 17th amendment. In other words, 
my proposal specifically refrains from choosing sides in this debate, 
as far as whether the temporary emergency measure be by appointment or 
by election, leaving that decision up to the States, following the 
model of the 17th amendment, which of course provides for the election 
or selection of Senators in the event of vacancy. Forty-eight States 
provide for temporary appointment by the Governor, but two States 
provide for special elections. This proposal would give each State the 
option to choose which procedures they deem most advisable. The 
proposed constitutional amendment would simply defer the question to 
Congress, and the implementing legislation would defer the question to 
the States.
  In an age of terrorism and weapons of mass destruction, I believe it 
is high time to address this need that is all that much more apparent 
post-9/11 to ensure the continuity of this body and of the entire 
Congress. In my capacity as chairman of the Constitution Subcommittee 
of the Senate, the Committee of the Judiciary, I plan to convene 
hearings next year so we can debate this proposal as soon as possible.
  I was not in Washington when the attacks came on September 11. Like 
so many other Americans, I was at home in Texas, getting ready to go to 
work when I heard the terrible news, and then was rivetted to the 
events unfolding on television. But I know for many of my friends and 
colleagues who were here on that horrific day, they and we all feel a 
tremendous debt of gratitude to the heroes of flight 93. The brave 
passengers on that airplane did more than just save the lives of their 
fellow citizens. Absent their courageous sacrifice, flight 93 could 
have reached its final destination, perhaps this very building, in an 
attack that could have eliminated an entire branch of government.

  That hallowed ground in Pennsylvania, where flight 93 met its 
ultimate rest, marks a promise left behind by those courageous heroes, 
a promise carried on to their children, to their loved ones, and, 
indeed, to this very Nation.
  It is a promise that says that freedom will not end here in the 
violent acts of evil men. It persists, it endures, and it will not be 
destroyed.
  Even as we dedicate ourselves to the ongoing war on terror at home 
and abroad, even as we hope and pray that the tragedies of September 11 
will never be repeated, we must always remain conscious of our promise 
as Senators, to serve the people of our States and of our Nation, and 
to support and defend the Constitution of the United States. It is not 
every day that you introduce legislation hoping and praying that it 
will never be necessary, but this legislation is, in a very real sense, 
urgent and necessary.
  We must prepare for all contingencies fulfilling our oaths of office 
to ensure that this promise--the promise of a free government, a 
government of laws, not men--shall not perish from the Earth.
  I yield the floor.
                                 ______