[Congressional Record Volume 148, Number 147 (Thursday, November 14, 2002)]
[Extensions of Remarks]
[Pages E2031-E2032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                THE CONTINUITY OF CONGRESS WORKING GROUP

                                 ______
                                 

                          HON. CHRISTOPHER COX

                             of california

                    in the house of representatives

                      Thursday, November 14, 2002

  Mr. COX. Mr. Speaker, I submit the following letter by myself and the 
gentleman from Texas, Mr. Frost, and the accompanying information on 
the continuity of Congress Working Group for the perusal of my 
colleagues.

                                         House of Representatives,


                                               Washington, DC,

                                                November 12, 2002.
     Hon. David Dreier,
     Chairman, House Rules Committee,
     Washington, DC.
       Dear Chairman Dreier: In May 2002, the Speaker and Minority 
     Leader asked us to co-chair a bipartisan Continuity of 
     Congress Working Group, of which you are a member, to study 
     ways to ensure that the legislative branch continues to 
     function in the event that a terrorist attack or other 
     catastrophe kills or incapacitates a large number of Members. 
     Because the Constitution permits the House to ``determine the 
     Rules of its Proceedings'' and to judge the ``Qualifications 
     of its own members,'' the Working Group has been studying 
     pertinent rules changes to remedy some of the problems that 
     could be created under such circumstances.
       As you know, during the past six months, the Working Group 
     has held eight meetings, drafted new House Rules, drafted a 
     House Resolution--which the House passed on October 2, 2002 
     by a vote of 414-0--urging states to review their special 
     election laws, drafted amendments to the Presidential 
     Succession Act of 1947, and reviewed three constitutional 
     amendments related to congressional continuity. Accompanying 
     this letter are three draft Rules, developed by the Working 
     Group, which we are requesting be included in the final rules 
     package to be voted on by the House at the beginning of the 
     next session.
       The Working Group has identified three areas with respect 
     to congressional continuity that the Working Group believes 
     can be addressed through changes to the House Rules:
       Codifying the process by which the Speaker certifies the 
     death of a House Member in order to reduce the whole number 
     of the House for purposes of establishing a quorum;
       Allowing the Speaker to accelerate or postpone the 
     reconvening of the House in the event of a declared 
     emergency; and
       Authorizing an individual other than the Speaker to 
     reconvene the House in the event of a catastrophe resulting 
     in the death of the Speaker.
       Death Rule: Presently, no House rule codifies the process 
     by which the Speaker certifies the death of a House Member in 
     order to reduce the whole number of the House for purposes of 
     establishing a quorum. When a Representative dies in office, 
     the House and the Speaker take cognizance of the vacancy by 
     adopting a House Resolution expressing the sorrow of all 
     House Members. The whole number of the House is adjusted 
     accordingly. However, because the preceding determination of 
     the whole number of the House is the number that must be used 
     to establish a quorum until a new whole number is 
     established, in the event that a large number of Members are 
     killed, a quorum could not be established for the purpose of 
     establishing a new whole number.
       To remedy this potential problem, the Working Group has 
     drafted a rule which would allow the Speaker to announce the 
     adjustment of the whole number of the House upon notification 
     of the death, resignation, expulsion, disqualification, or 
     removal of a Member. The Speaker's announcement would not be 
     subject to appeal.
       Emergency Recess Rule: In a time of national emergency, 
     such as that seen on September 11th when the Capitol building 
     was a target of the terrorists, the Speaker may need to 
     accelerate the reconvening of the House or postpone House 
     action in order to protect the lives of House Members and 
     staff.
       Accordingly, the Working Group has drafted an Emergency 
     Recess Rule. Under this Rule, the Speaker, if informed by the 
     Sergeant-at-Arms of an imminent threat to the safety of the 
     Members and after obtaining the concurrence of the Minority 
     Leader of the House, could notify Members that the House 
     would not convene at the time stipulated when the House 
     previously adjourned but would instead convene at another 
     time during the next three days in accordance with the 
     Constitution. The Rule would also allow the Speaker, with the 
     concurrent of the Minority Leader, to reconvene the House 
     earlier than stipulated for the sole purpose of declaring a 
     further postponement.
       Speaker Succession Rule: Current House rules do not 
     explicitly address who would preside over the House in the 
     event that there is a vacancy in the Office of the Speaker. 
     Therefore, if the Speaker and the Clerk of the House die 
     during a catastrophic attack, there would be no living 
     individual authorized to reconvene the House, or call the 
     House into session.
       To remedy this potential problem, the Working Group has 
     crafted a rule which would allow the Speaker to establish a 
     line of succession for a Speaker pro tempore whose duty would 
     be to preside over the election of a new Speaker or Speaker 
     pro tempore.
       Conclusion: During the past six months, the Working Group 
     has explored a variety of possible solutions to the many 
     problems surrounding congressional continuity. The Working 
     Group began with an examination of the least constitutionally 
     intrusive solution--changes to the House Rules. We request 
     that the House Rules Committee consider these three rules and 
     include them in the rules package to be voted on by the House 
     in January. These simple changes to the House Rules will help 
     to ensure the continuity of this great institution--the 
     United States Congress.
           Sincerely,
     Christopher Cox,
       Chairman, House Policy Committee.
     Martin Frost,
       Chairman, House Democratic Caucus.

                                  ____
                                  



 PROPOSED AMENDMENT TO CLAUSE 5, RULE XX (VOTING AND QUORUM CALLS) OF 
                            THE HOUSE RULES
                      (Proposed Amendment in bold)
       5. (a) In the absence of a quorum, a majority comprising at 
     least 15 Members, which may include the Speaker, may compel 
     the attendance of absent Members.
       (b) Subject to clause 7(b) a majority of those present may 
     order the Sergeant-at-Arms to send officers appointed by him 
     to arrest those Members for whom no sufficient excuse is made 
     and shall secure and retain their attendance. The House shall 
     determine on what condition they shall be discharged. Unless 
     the House otherwise directs, the Members who voluntarily 
     appear shall be admitted immediately to the Hall of the House 
     and shall report their names to the Clerk to be entered on 
     the Journal as present.
       (c) Upon the death, resignation, expulsion, 
     disqualification or removal of a Member, the whole number of 
     the House shall be adjusted accordingly. The Speaker shall 
     announce the adjustment to the House. Such an announcement 
     shall not be subject to appeal. In the case of a death, the 
     Speaker may lay before the House such documentation from 
     federal, state, or local officials as he deems pertinent.

                                  ____
                                  



PROPOSED AMENDMENT TO CLAUSE 12, RULE I (DECLARATION OF RECESS) OF THE 
                              HOUSE RULES
                      (Proposed Amendment in bold)
       12. (a) To suspend the business of the House for a short 
     time when no question is pending before the House, the 
     Speaker may declare a recess subject to the call of the 
     Chair.
       (b) To suspend the business of the House when notified by 
     the Sergeant-at-Arms of an imminent threat to its safety, the 
     Speaker may declare an emergency recess subject to the call 
     of the Chair.
       (c) During any recess or adjournment of fewer than three 
     days, if the Speaker is notified by the Sergeant-at-Arms of 
     an imminent impairment of egress at the place of reconvening 
     at the time previously appointed, then he may, with the 
     concurrence of the Minority Leader--
       (1) postpone the time for reconvening within the limits of 
     clause 4, section 5, article I of the Constitution and notify 
     Members accordingly; or
       (2) reconvene the House before the time previously 
     appointed solely to declare the House in recess within the 
     limits of clause 4, section 5, article I of the Constitution 
     and notify Members accordingly.


[[Page E2032]]


                                  ____
                                  



PROPOSED AMENDMENT TO CLAUSE 8(b), RULE I (SPEAKER PRO TEMPORE) OF THE 
                              HOUSE RULES
                      (Proposed Amendment in bold)
       8. (a) The Speaker may appoint a Member to perform the 
     duties of the Chair. Except as specified in paragraph (b), 
     such an appointment may not extend beyond three legislative 
     days.
       (b)(1) In the case of his illness, the Speaker may appoint 
     a Member to perform the duties of the Chair for a period not 
     exceeding 10 days, subject to the approval of the House. If 
     the Speaker is absent and has omitted to make such an 
     appointment, then the House shall elect a Speaker pro tempore 
     to act during the absence of the Speaker.
       (2) With the approval of the House, the Speaker may appoint 
     a Member to act as Speaker pro tempore only to sign enrolled 
     bills and joint resolutions for a specified period of time.
       (3)(A) In the case of a vacancy in the office of Speaker, 
     the next Member on the list described in subdivision (B) 
     shall act as Speaker pro tempore until the election of a 
     Speaker or a Speaker pro tempore. Pending such election the 
     Member acting as Speaker pro tempore may exercise such 
     authorities of the Office of Speaker as may be necessary and 
     appropriate to that end.
       (B) As soon as practicable after his election and whenever 
     he deems appropriate thereafter, the Speaker shall lay before 
     the House a complete list of the Members of the House in the 
     order in which each shall act as Speaker pro tempore under 
     subdivision (A).

     

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