Continuity in Representation Act of 2004

Floor Speech

Mr. HASTINGS of Washington. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 602 and ask for its immediate consideration.

The Clerk read the resolution, as follows:

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2844) to require States to hold special elections to fill vacancies in the House of Representatives not later than 21 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 3(c)(4) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed 60 minutes, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on House Administration and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

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AMENDMENT NO. 4 OFFERED BY MR. SCHIFF

Mr. SCHIFF. Mr. Chairman, the gentlewoman from Texas (Ms. Jackson-Lee) has an amendment at the desk made in order under the rule that I will be offering on her behalf as her designee.

The CHAIRMAN. The Clerk will designate the amendment.

The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Schiff:

In section 26(b)(4)(C)(i) of the Revised Statutes of the United States, as proposed to be added by the bill, strike "2 days" and insert "7 days".

In section 26(b)(4)(C)(iii) of the Revised Statutes of the United States, as proposed to be added by the bill, insert after "the action" the following: "(taking into account an opportunity for an expedited appeal of the initial decision)".

In section 26(b)(4)(C)(iv) of the Revised Statutes of the United States, as proposed to be added by the bill, insert after "vacant" the following: "any citizen of the district and any political party of the State".

The CHAIRMAN. The gentleman from California (Mr. Schiff) and the gentleman from Wisconsin (Mr. Sensenbrenner) each will control 5 minutes.

The Chair recognizes the gentleman from California (Mr. Schiff).

Mr. SCHIFF. Mr. Chairman, the amendment that I offer today on behalf of the gentlewoman from Texas (Ms. Jackson-Lee) would make a few minor changes with respect to the judicial review provisions currently within the bill. The amendment would briefly extend the amount of time for an action to be filed in court with regard to the Speaker's announcement of a vacancy. It would further provide for the appeal of that court's decision and for participation in this process by all citizens.

Mr. Chairman, the matter we are discussing today on the floor, the reconstitution of this House in response to a devastating attack, is certainly a contingency that none of us would like to imagine. It is a scenario that, frankly, seems unthinkable. However, because of the continuing threat of terrorism that we face, we must contemplate even the unthinkable.

The House of Representatives is indeed a unique body. As a purely representative body, there is only one way to get here: by direct election of the people of this great Nation. I cherish that heritage, and I know my colleagues do as well; but the love of that tradition cannot take precedence over the need to ensure continuity of our representative government in the face of unprecedented disaster, the annihilation of a large number of our Members.

The base bill contemplates that we would operate without a government for 45 days. This, my colleagues, is a dereliction of duty. It is a dereliction of our duty to ensure that the governance of our Nation goes on in the face of such a tragedy. I, therefore, oppose the base bill. During the 45 days that followed the events of September 11, Congress worked vigorously to respond to the attacks on our Nation. No doubt the devastation of our Congress and the equally accompanying trauma of such a devastation would require the most prompt response likewise. The principle that all the people should be equally represented is essential to our democratic character, and mass vacancies for 45 days will be a departure from the representative rule of that body.

Without a quorum in the House, the inability to conduct business may, in turn, force a President to act extraconstitutionally in any immediate response to an attack. By protecting one tradition, we would instead be scuttling others; and in the process we will only deny the American people the assurance that our swift and decisive response was a legitimate one.

Mr. Chairman, the survival of our very Nation must take precedence over our fond and philosophical adherence to the principal of direct election to the House under all circumstances. The temporary appointment of Members to fill vacancies where 100 or more of our Members are killed or incapacitated is the narrowest of exceptions. In the unlikely event we should ever face such a terrible contingency, our country's future will depend more, far more, on the swift response of a fully reconstituted Congress than on a blind adherence to the principle of direct elections for 45 excruciating days. I, therefore, oppose the base bill.

Mr. Chairman, I reserve the balance of my time.

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Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, I appreciate the comments of the chairman of the Committee on the Judiciary and all the work that he has done on the committee. He expresses a concern about the timeliness of the process contemplated by this amendment, and I share the concern about the timeliness of the process contemplated in the base bill. And, in fact, this is one of the reasons I have such concerns about the base bill. Whether it is 45 days or 47 days or 50 days, this is far too long in the wake of catastrophe to be reconstituting the Congress.

I also share the chairman's desire that we rise above considerations of partisanship and think that this bill should go back to committee and come forth with a bipartisan measure that comes forth for all of us. This is a bipartisan bill. It should have a bipartisan work product.

Mr. Chairman, I yield 60 seconds to the gentlewoman from California (Ms. Watson).

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