Mr. Speaker, I yield myself such time as I may consume. (Mr. FROST asked and was given permission to revise and extend his remarks.) Mr. Speaker, it has been over 2\1/2\ years since terrorists commandeered four airplanes and killed 3,000…
Mr. Speaker, I yield myself such time as I may consume.
(Mr. FROST asked and was given permission to revise and extend his remarks.)
Mr. Speaker, it has been over 2\1/2\ years since terrorists commandeered four airplanes and killed 3,000 people in New York, Washington, and Pennsylvania. The events of September 11, 2001, made it abundantly clear that the United States is not immune from attack. But I am deeply concerned that for most Members of the House that day did not make a deep enough impression about what might happen if this institution or its Members were successfully targeted by terrorists or other enemies of our democracy. United Flight 93 was headed here. Had it not been for the brave souls on that plane who fought the terrorists who took over their flight, this very building could have been destroyed. Had Flight 93 not been taken down in the field in Pennsylvania, a
large number of Members might have been killed.
On September 11, 2001, we did not have a procedure in place to reconstitute this body. And on April 22, 2004, we still lack such a plan. I am sad to say, Mr. Speaker, that the bill before us today does not give us a viable plan. And the manner in which this bill is being brought to the floor does a disservice to the very serious issue of continuity of government.
The very fact that the chairman of the Committee on the Judiciary has chosen to push this remedy to the exclusion of any other idea shows that the leadership of this House has chosen to make this a partisan issue. And the stability of our government and its institutions should not now, or ever, become a partisan issue.
In the spring of 2001, the gentleman from California (Mr. Cox) and I co-chaired a bipartisan working group that sought to examine the issues in play. No Member in the history of this body has ever taken the oath of office without first having been elected by the people.
Mr. Speaker, the gentleman from California (Mr. Dreier) will have time. I need to finish my statement, but then I will be glad to yield.
Given that no Member in the history of this body has ever taken the oath of office without first having been elected by the people, the group focused on what might have been done within the law or with statutory amendments to replenish the House in the event of a catastrophe.
We had on a bipartisan basis serious and thoughtful discussions. We made modest but important changes to the rules of House that aid the Speaker in the event of a catastrophe. We passed a resolution that called on the States to put into place procedures by which expedited elections might be conducted in the event that a large number of Members are killed.
But the members of the working group grappled with much larger issues, that of incapacitation, if it would be possible to skirt the constitutional requirements for election through statutory changes, the judicial review of decisions made by a House composed of only a few Members.
We soon realized that those Members as well as many others needed to be addressed by the committees of jurisdiction. We had high hopes of a thoughtful, serious, nonpartisan debate and serious issues. What we got instead was a poorly thought out and wholly inadequate response to the questions we raised 2 years ago.
I know the Chair of the committee will want to seek recognition in a moment, and I will acknowledge that the Chair said yesterday that the Committee on the Judiciary will mark up a constitutional amendment in the immediate future, and for that we are very grateful. Unfortunately, that amendment is not here on the floor, and we do not know when that amendment will actually have the opportunity to be voted on upon the floor.
I yield to the gentleman from California.
Reclaiming my time, Mr. Speaker, the issue is of serious magnitude. While the chairman of the Committee on the Judiciary has indicated he will mark up a constitutional amendment, we have no assurance that that amendment will be considered on the floor by this body in a timely manner this year.
Let me, if I may, address comments not just to the chairman of the committee and the chairman of the Committee on the Judiciary, but to all the Members of this House. The reason that some of us and many of us feel that this legislative approach is inadequate, and that a constitutional approach is the only one that can serve this country, is that if a number of Members were killed in a common disaster, the period of time that would pass before this House could be reconstituted under the bill that is being voted on today is unacceptable. We would find ourselves without a functioning Congress perhaps for months under this bill.
Now, there is an historical anomaly in our Constitution that provides that Members of the Senate when they die can be replaced by an appointment of a Governor, and there is no such procedure in the Constitution for Members of the House. The reason for, the gentleman will have plenty of time, the reason for this historical anomaly is that when the Constitution was originally drafted, Members of the Senate were chosen by appointment. They were appointed by their State legislatures, and when we went from an appointed Senate to direct election of the Senate, the power of Governors to replace Senators was continued.
There was no such provision for Members of the House. That does not mean that in this 21st century today that there should not be such a procedure. The fear is that if a large number of Members were to be killed in a common disaster, that the Congress could not function in a timely manner when the country would most need a Congress.
Now, there is a second unfortunate aspect of current law. Under current law, a quorum of the House of Representatives is a majority of those Members living and sworn into office, sworn and living, so that if, of the 435 Members of the House, if, for sake of argument, 400 were to be killed in a common disaster, and 5 survived because they were not present in the Chamber at the time of the disaster or for whatever reason, 3 Members of those remaining 5 would constitute a quorum. And you could say, well, then the Congress could continue to function with those 5 Members.
The question that I would pose is would decisions made by three individuals be respected by the country at a time of crisis? We have to provide for continuity in our government, and for us to pretend that a terrible disaster like this could never happen, and we all hope that it never happens and trust that it never happens, but for us to pretend that it could not happen, and that if it did happen, oh, we would have a leisurely pace of months to replace Congress during that time does a disservice to our form of government and to the people that we represent.
Now, there are disputes and concerns on the type of constitutional amendments, on how you provide for the prompt, orderly replacements of Members. People have different views on that. Some people feel that the Governor should be able to appoint their replacements just as the Governor can appoint a Senator. Others feel that the Members in advance should be able to put a list, put together a list and designate who their successor would be, or perhaps have a list and the Governor chooses from that list. There are a lot of provisions that could be considered.
What we are saying is that this House now, not a couple of months from now or a couple of years from now, should face up to this hard decision, should consider a constitutional amendment on this issue, submit it to the people so that if, God forbid, there
were a disaster in which all or substantially all the Members of the House were killed in a terrorist attack, that our government would go on. If we do not do this, then we will cede total power and authority to the executive branch, if there is an executive branch at the end of a common disaster, and presumably there would be in some form, and there would be no functioning legislative branch for a period of months.
That is why many of us, and I will complete my statement, the other side has plenty of time to make their points, that is why many of us feel this legislation is inadequate and is a poorly thought out response to a situation that, while we hope never happens, could put this country and our form of government in serious jeopardy.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 1 minute.
Mr. Speaker, this is as serious a matter as we could have before the House. We run the risk of becoming a herd of ostriches in putting our heads in the sand.
This is not the 18th century. This is not the 19th century. It is not even the 20th century anymore. It is the 21st century. No one in the 18th century or the 19th century could have contemplated the type of terrorist act that could potentially eliminate at one time all or virtually all the elected Members of this House. We hope that never occurs, but for us to ignore the possibility that it could occur in the 21st century does a great disservice to the American people.
Mr. Speaker, I yield 5 minutes to the gentleman from Connecticut (Mr. Larson).
(Mr. LARSON of Connecticut asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 1 minute to the gentlewoman from the District of Columbia (Ms. Norton).
Mr. Speaker, I yield 8 minutes to the gentleman from Washington (Mr. Baird).
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Watt).
Mr. Speaker, I yield 1 minute to the gentleman from Washington (Mr. Baird).
Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Rohrabacher).
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, the matter we are about to consider today, how to keep the House of Representatives functioning in the event of catastrophe, is one of the most serious and important issues we will ever consider.
When I cochaired the Continuity of Congress Working Group in 2002, Members from both parties took a nonpartisan approach to the issue and kept an open mind as to how we could achieve a solution.
How times have changed. The open-minded, nonpartisan spirit we had when we began discussing this issue has completely disappeared. The restrictive rule that the Committee on Rules reported out last night has completely convinced me that this House is now putting partisanship ahead of its institutional duties.
Mr. Speaker, a number of very intelligent people have devoted a lot of time and effort considering this question. I think it is a tragedy that their ideas will not be debated today. That is why I am urging a ``no'' vote on the previous question. If the previous question is defeated, I will offer an amendment to the rule. My amendment will provide that immediately after the House passes H.R. 2844, it will take up the bill of the gentleman from Washington (Mr. Baird), H.J. Res. 83, under a comprehensive and thorough debate process that this issue deserves. The Baird bill would amend the Constitution to provide for an emergency procedure to keep the House of Representatives working should a significant majority of this House be killed or incapacitated. I urge a ``no'' vote on the previous question.
Mr. Speaker, I ask unanimous consent that the text of the amendment be printed in the Record immediately before the vote on the previous question.
Mr. Speaker, reserving the right to object, and I will not object, but I would like to point out that in the Committee on Rules, and I understand Members want to revise and extend their remarks on the rule and submit all kinds of material, but I would point out when this rule was being considered by the committee, we asked for an additional hour of debate on the bill itself and we were denied that by a rollcall vote. That vote was Committee on Rules record vote No. 247, three ``yeses'' and six ``noes.''
I will not object to Members being able to revise and extend their remarks, but I wish we had provided for additional debate time on this very important piece of legislation. That was a reasonable proposal that was made in the Committee on Rules and was rejected by the other side.
Mr. Speaker, I withdraw my reservation of objection.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.