IV 
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, regard-
less of political party affiliation, agree that the American 
people deserve a Government that is failsafe and fool-
proof, 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 Con-
gress; 
Whereas at a minimum, terrorists should never have the abil-
ity, by launching a terrorist attack, to change the polit-
•HRES 775 IH 
ical 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 Presi-
dent 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 exec-
utive departments under section 101 of title 5, United 
States Code, fall within the line of succession to the pres-
idency; 
Whereas during previous presidential transition periods, the 
incoming President has had to serve with cabinet mem-
bers 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 ex-
ecutive branch officials in the President, by and with the 
advice and consent of the Senate, and nothing in this res-
olution is intended to alter either the constitutional power 
of the President or the constitutional function of the Sen-
ate with regard to the confirmation of presidential nomi-
nees; 
Whereas an incoming President cannot exercise the constitu-
tional 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;
•HRES 775 IH 
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 en-
sure 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 na-
tional 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 con-
tinuity 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 disrup-
tion 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 oc-