[Congressional Record Volume 142, Number 14 (Thursday, February 1, 1996)]
[House]
[Pages H1179-H1182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PRIVILEGES OF THE HOUSE--PROTECTING THE CREDITWORTHINESS OF THE UNITED 
                 STATES GOVERNMENT AND AVOIDING DEFAULT

  Mr. GEPHARDT. Mr. Speaker, pursuant to rule IX, I rise to a question 
of the privileges of the House and offer a resolution (H. Res. 356) to 
protect the creditworthiness of the United States and avoid default of 
the U.S. Government.
  The SPEAKER pro tempore (Mr. Barrett of Nebraska). The Clerk will 
report the resolution.
  The Clerk read the resolution, as follows:

                              H. Res. 356

       Whereas, the inability of the House to pass an adjustment 
     in the public debt limit unburdened by the unrelated 
     political agenda of either party, an adjustment to maintain 
     the creditworthiness of the United States and to avoid 
     disruption of interest rates and the financial markets brings 
     discredit upon the House;
       Whereas, the failure of the House of Representatives to 
     adjust the federal debt limit 

[[Page H1180]]
     and keep the nation from default impairs the dignity of the House, the 
     integrity of its proceedings and the esteem the public holds 
     for the House; Now, therefore, be it
       Resolved, That upon the adoption of this resolution the 
     enrolling clerk of the House of Representatives shall prepare 
     an engrossment of the bill, H.R. 2409. The vote by which this 
     resolution is adopted by the House shall be deemed to have 
     been a vote in favor of such bill upon final passage in the 
     House of Representatives. Upon engrossment of the bill, it 
     shall be deemed to have passed the House of Representatives 
     and been duly certified and examined; the engrossed copy 
     shall be signed by the Clerk and transmitted to the Senate 
     for further legislative action; and (upon final passage by 
     both Houses) the bill shall be signed by the presiding 
     officers of both Houses and presented to the President for 
     his signature (and otherwise treated for all purposes) in the 
     manner provided for bills generally.

  The SPEAKER pro tempore. The gentleman from Missouri [Mr. Gephardt] 
is recognized on the question of privilege.
  Mr. GEPHARDT. Mr. Speaker, let me explain why this is a question of 
privilege and why this Congress must act to extend the debt limit, with 
no threats or conditions, to preserve the integrity of this entire 
Government.

                              {time}  1630

  Rule IX of this House states very clearly that matters of privilege 
are those affecting the House collectively, those affecting its dignity 
and integrity, and those affecting the reputation of Members in their 
representative capacity.
  I ask every Member of this Congress today, how can the dignity and 
integrity of this Congress be maintained if we tear down the dignity 
and integrity of this country? How can any single Member of the 104th 
Congress maintain our reputation and honor if we go down in the history 
books as the Congress that broke America's word, the very first 
Congress that dared to tarnish America's trust in the world.
  Mr. Speaker, I know there are enough Democrats and Republicans to 
extend the debt limit and avoid this crisis right now, if we could only 
have that vote on the floor. It is unfair to all of us to have our 
rights, our reputations, our good names dashed for what I believe is a 
partisan purpose.
  Some of our Republican colleagues are threatening to default on 
America's financial obligations, to turn our backs on seniors who need 
their Social Security checks, taxpayers who deserve their refunds, 
people throughout the world have invested in America.
  There is no question that economic chaos would follow even a day of 
default. Interest rates on credit cards, car loans, and mortgages would 
skyrocket. The dollar would plummet. World financial markets could go 
into a tailspin. The damage would most likely be permanent, because 
such reckless delinquency would be without historical precedent in our 
country.
  We had a bloody Civil War in the last century, when America was torn 
in half, probably our greatest crisis. But all through it and after it, 
we kept our credit whole. During two world wars when our economy was 
stretched to the limit, we found room to honor our word to the people 
who had invested in our debt. Through recessions and a great 
depression, we have guarded America's financial faith and integrity 
because it is as sacred as the Constitution itself.
  This is not partisan hyperbole. Even the threat of default is 
damaging our credibility day by day, more and more with each passing 
day.
  We cannot afford to play politics with that credibility. We cannot 
afford to delay to stand for our national word and honor.
  What crisis is bigger than two world wars and the Great Depression? A 
disagreement over a budget. We Democrats think it is wrong to cut 
Medicare for huge tax breaks, especially since we think it is 
unnecessary to balance the budget. Republicans legitimately disagree. 
This is a valid debate. It is one we should resolve. But defaulting on 
our obligations, hurting millions of average Americans, damaging our 
most precious possession, our word and our credibility, is no way to 
resolve it.
  After all, shutting down the Government twice did not resolve it. Why 
would an international economic crisis resolve it?
  Mr. Speaker, parliamentary privilege exists for exactly this kind of 
crisis. This is more than an economic issue. It is a profoundly moral 
issue.
  If we bargain away America's integrity for the latest political 
squabble, if we can bring millions of families to the brink of economic 
crisis because we cannot agree on this year's budget, then in my 
opinion we cease to serve the United States of America, and we no 
longer have honor to maintain.
  This crisis, Mr. Speaker, is the very essence of privilege in this 
parliamentary body, and I urge the Chair, on behalf of our country and 
the promise and word of our country, to rule in its favor.
  The SPEAKER pro tempore. (Mr. Barrett of Nebraska). Do any other 
Members wish to be heard on the question of privilege?
  Mr. KENNEDY of Massachusetts. Yes, Mr. Speaker, I wish to be heard.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Massachusetts [Mr. Kennedy].
  Mr. KENNEDY of Massachusetts. Mr. Speaker, there can be no greater 
cause for a parliamentary privilege than the constitutional crisis that 
is being perpetrated by the elements of this House that have chosen a 
path to default on America's debt in order to get their particular view 
rammed through the House of Representatives and the Senate of the 
United States. Mr. Speaker, we have got to deal with this crisis.
  The truth of the matter is that originally we were told that the 
reason why the Republicans so much wanted to have the debt default 
issue brought forward was to insist upon a balanced budget. President 
Clinton has agreed to a balanced budget.
  We were then told, though, it was not a balanced budget, it was a 
balanced budget within 7 years. President Clinton agreed to a balanced 
budget within 7 years.
  We were then told it was not a balanced budget within 7 years but it 
was with the CBO numbers. President Clinton greed to a balanced budget 
in 7 years using CBO numbers.
  Then we were told it was not a balanced budget, 7 years, CBO numbers, 
but it had to have a tax cut. President Clinton agreed to a tax cut.
  It is not as big a tax cut as the one the Republicans want, so the 
Republicans are insistent upon challenging the debt of this country, 
breaking the back of 200 years of history, breaking the parliamentary 
process that has been set up that says if we have disagreements between 
bills passed by the House of Representatives and the United States 
Senate, that we have in fact a President that can sign that bill or he 
can veto that bill. If he vetoes the bill, we have the right to 
override that veto. If we do not have the votes to override, we then 
compromise.
  Mr. WALKER. Mr. Speaker, I demand regular order.
  Mr. KENNEDY of Massachusetts. The truth of the matter is there is no 
willingness to compromise.
  Mr. WALKER. Mr. Speaker, I demand regular order.
  The SPEAKER pro tempore. Will the gentleman suspend. The Chair would 
remind the gentleman to confine his remarks to the question of 
privilege, please.
  Mr. KENNEDY of Massachusetts. Mr. Speaker, I am talking about a 
question of privilege. I am talking about my dignity and my integrity, 
the integrity of this body, the integrity of every Member on the 
Democratic and Republican side.
  Mr. WALKER. Mr. Speaker, I demand the regular order.
  Mr. KENNEDY of Massachusetts. You are willing to break the back, 
break the debt of America in order to ram through your narrow political 
guerrilla tactics. It is time for a little dignity on the floor of this 
House, Mr. Speaker, and I want to be heard.
  The SPEAKER pro tempore. Members must confine their remarks to the 
question of privilege.
  Mr. WALKER. I demand the regular order, Mr. Speaker.
  Mr. KENNEDY of Massachusetts. Mr. Speaker, I believe very strongly 
that this is an issue of parliamentary privilege. I could not agree 
more strongly with the words of the gentleman from Missouri [Mr. 
Gephardt], that this is an issue, the most important issue we have 
faced this year, the most important issue that we have faced in many 
years.
  If we allow the debt of this country to be defaulted upon, we will 
hurt the future of our country's borrowing, we will hurt the future of 
our country's 

[[Page H1181]]
children, and we will hurt our senior citizens.
  Please pass a full debt extension. Allow us to pay our bills as every 
generation prior to ours has done throughout the history of this 
country.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from New 
York [Mr. Solomon].
  Mr. SOLOMON. Mr. Speaker, in the interest of time, I will make the 
argument brief as to why this resolution does not constitute a question 
of privilege under House rule IX, but just as I do that, let me preface 
those remarks by calling attention to the bill that will be on the 
floor directly after we finish with these two issues here. It states in 
the line 6, ``Congress intends to pass an increase in the public debt 
limit before March 1, 1996,'' and let me say that they will do this 
over my objections because I am just appalled that we are once again 
going to extend this debt limit.
  But having said that, let us talk about this issue. The precedents 
are absolutely clear that a resolution raising a question of privilege 
may not be used to change those rules. This resolution would change 
House rules by automatically passing a specified bill. Nowhere in House 
rules is it contemplated or specified that legislation may be called 
up, let alone passed, by means of a question of privileged resolution. 
The Chair has already so ruled on numerous occasions during the last 
several weeks. I therefore would urge that this resolution be ruled out 
of order, Mr. Speaker.
  The SPEAKER pro tempore. Does the gentleman from Pennsylvania desire 
to be heard on this question?
  Mr. KANJORSKI. Mr. Speaker, I rise on the question of privilege.
  The SPEAKER pro tempore. The gentleman from Pennsylvania may proceed.
  Mr. KANJORSKI. Mr. Speaker, I know that this is an issue that other 
parliamentarians have ruled on in the history of this great House, but 
as we reflect, my friends on both sides, and to remove this from a 
partisan issue, the issue of the Constitution and the issue of the 
House of Representatives predates the existence of either parties that 
exercise influence in this House today.
  We are in the 208th year of the American Constitution, the 104th 
Congress of the United States. We are here by virtue of the fact that 
our constituents elected us to come here and present ourselves under 
article I of the Constitution of the United States and take an oath of 
office that Constitution. Article I provides for the powers of the 
House of Representatives, one of which is to provide for the debt of 
the United States. Those of us in this House today, more than a 
majority, I daresay, because I have a letter addressed to the Speaker 
signed by more than 191 members of the minority side of the House, and 
I am aware of the fact that several dozen of my good friends on the 
majority side join me in this cause.
  So clearly if a resolution for the raising of the debt limit 
presented to the House clean, it could and would receive a majority 
vote of the House of Representatives honoring the commitment we made in 
our oath of office under article I of the Constitution of the United 
States.
  For the leadership of the House, for the Rules Committee or for the 
rules of the House to frustrate article I and the individual oath and 
the collective oath of this entire House and to argue that this does 
not fall within the purview of the privilege of the House going to the 
integrity and the dignity of individual Members or collectively of this 
House is the most fallacious and ridiculous argument I have ever heard 
in my years in public life.
  I argue that we put aside today as we are about to leave on a 3-week 
vacation and send a message to America that the House of 
Representatives is going to pursue and follow its oath of office, the 
article I of the American Constitution, and allow for an open vote a 
resolution allowing for the provision to pay the debts of the U.S. 
Government under the existing Constitution of the United States.

                              {time}  1645

  The SPEAKER pro tempore (Mr. Barrett of Nebraska). Does the gentleman 
from New York wish to be recognized?
  Mr. RANGEL. Mr. Speaker, I would like to be recognized on the 
question of privilege.
  The SPEAKER pro tempore. The Chair recognizes the gentleman from New 
York on the question of privilege.
  Mr. RANGEL. Mr. Speaker, I am going to try desperately hard to be 
nonpartisan in my remarks, because I think we have reached that point 
as a Congress that the general public is just fed up with all of us and 
are not taking the time to determine whether it is the so-called 
Republican leadership or whether it is the House of Representatives, 
the Senators or even whether it is the Government of the United States.
  All of us have had the opportunity to explain what our job is here in 
the House, and we are honored to serve in this House, and whether we 
are dealing with adults or whether we deal with children, compromise 
has never been a dirty word in explaining the work of the 
subcommittees, the full committees, what we do in conference and what 
we send to the President of the United States. If we are going to 
change the rules here, you are changing the rules not just for 
individuals and parties, you are changing the rules for every one of 
the Members of this House whether they are participating in this or 
whether they are not, and you are not giving them choices. You are not 
playing by the rules. You are not playing by the rules we were sworn in 
to endorse. Those rules are simple rules.
  You do not like what the President has done. You do not like the 
veto; you override the veto, that is what you do, and if you cannot 
override the veto, you try to come back and work out something.
  Oh, I know, you are in a hurry. You cannot talk about it. You cannot 
talk about compromise. All of a sudden this beautiful word has now 
become a stigma, because a handful of people have snatched what they 
think is principle, and they are threatening the United States of 
America's integrity throughout this world.
  You can do what you want with your party or with your members. But it 
is unfair, and it takes away from our prerogative as sworn Members of 
this House to threaten the economic life of the United States of 
America and the free world by holding a debt extension hostage in order 
to reach your political end.
  Politics are played at the polls, and they should not be the 
reputation of the United States that is being played on parliamentary 
maneuvers.
  The SPEAKER pro tempore. The Chair is prepared to rule on the 
resolution offered by the distinguished minority leader.
  The resolution offered by the gentleman from Missouri alleges that 
the failure of the House to take a specified legislative action brings 
it discredit and lowers it in public esteem. On that premise it 
resolves that the House be considered to have passed a legislative 
measure.
  Under rule IX, questions of the privileges of the House are those 
``affecting the rights of the House collectively, its safety, its 
dignity, [or] the integrity of its proceedings.'' But a question of the 
privileges of the House may not be invoked to effect a change in the 
rules of the House or to prescribe a special order of business for the 
House. This principle has been upheld on several occasions cited in 
section 664 of the House Rules and Manual, including June 27, 1974 
where a resolution directing the Committee on Rules to consider 
reporting a special order was held not to present a question of 
privilege.
  In this Congress, resolutions have been offered that attempt to 
advance legislative propositions as questions of privileges of the 
House on February 7 and December 22, 1995, on January 3, 1996, and, in 
particular, on January 24, 1996. The latter resolution similarly deemed 
a legislative measure passed to redress previous inaction. When ruling 
out that resolution as not constituting a question of privilege, the 
Chair posited that permitting a question of the privileges of the House 
under rule IX based on allegations of perceived discredit by 
legislative action or inaction would permit any Member to advance 
virtually any legislative proposal as a question of privileges of the 
House.
  Applying the precedents just cited, the Chair holds that the 
resolution offered by the Gentleman from Missouri does not affect ``the 
rights of the House collectively, its safety, dignity, [or] the 
integrity of its proceedings'' within 

[[Page H1182]]
the meaning of clause 1 of rule IX. Rather, it proposes to effect a 
special order of business for the House--deeming it to have passed a 
legislative measure--as an antidote for the alleged discredit of 
previous inaction.
  The resolution does not constitute a question of privilege under rule 
IX.
  Mr. VOLKMER. Mr. Speaker, I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?


                 motion to table offered by mr. solomon

  Mr. SOLOMON. Mr. Speaker, I move to table the appeal of the ruling of 
the Chair.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York [Mr. Solomon] to lay on the table the appeal of 
the ruling of the Chair.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             recorded vote

  Mr. VOLKMER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 229, 
noes 187, not voting 17, as follows:

                             [Roll No. 26]

                               AYES--229

     Allard
     Archer
     Armey
     Bachus
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bilbray
     Bilirakis
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Cooley
     Cox
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Doolittle
     Dornan
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Gilchrest
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Johnson (CT)
     Johnson, Sam
     Jones
     Kasich
     Kelly
     Kim
     King
     Kingston
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     Metcalf
     Mica
     Miller (FL)
     Molinari
     Moorhead
     Morella
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oxley
     Parker
     Paxon
     Petri
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Ramstad
     Regula
     Riggs
     Roberts
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Schiff
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Solomon
     Souder
     Spence
     Stearns
     Stump
     Talent
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                               NOES--187

     Abercrombie
     Ackerman
     Andrews
     Baesler
     Baldacci
     Barcia
     Barrett (WI)
     Beilenson
     Bentsen
     Berman
     Bevill
     Bishop
     Bonior
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Danner
     de la Garza
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Durbin
     Edwards
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Geren
     Gibbons
     Gonzalez
     Gordon
     Gutierrez
     Hall (OH)
     Hall (TX)
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Holden
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Johnston
     Kanjorski
     Kaptur
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kleczka
     Klink
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mfume
     Miller (CA)
     Minge
     Mink
     Moakley
     Mollohan
     Montgomery
     Moran
     Murtha
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Pickett
     Pomeroy
     Poshard
     Rahall
     Rangel
     Reed
     Richardson
     Rivers
     Roemer
     Roybal-Allard
     Rush
     Sabo
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Sisisky
     Skaggs
     Skelton
     Slaughter
     Spratt
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Tanner
     Tejeda
     Thompson
     Thornton
     Thurman
     Torres
     Torricelli
     Towns
     Traficant
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wilson
     Wise
     Woolsey
     Wyden
     Wynn
     Yates

                             NOT VOTING--17

     Becerra
     Bryant (TX)
     Chapman
     Filner
     Green
     Hayes
     Johnson (SD)
     Lewis (CA)
     Manton
     Meyers
     Packard
     Radanovich
     Rose
     Sanders
     Seastrand
     Smith (WA)
     Stockman

                              {time}  1710

  So the motion to lay on the table the appeal of the ruling of the 
Chair was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________