[Congressional Record Volume 156, Number 120 (Tuesday, August 10, 2010)]
[House]
[Pages H6597-H6600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. PRICE of Georgia. Madam Speaker, I rise to a question of the
privileges of the House and offer the resolution previously noticed.
The SPEAKER pro tempore. The Clerk will report the resolution.
The Clerk read as follows:
Whereas the 111th Congress has failed in its promise to be
the most open Congress in history, but has instead lost the
public's trust by engaging in unprecedented political
procedures to advance a partisan agenda;
Whereas on January 18, 2006, House Minority Leader Nancy
Pelosi stated in prepared remarks, ``Democrats are leading
the effort to turn the most closed, corrupt Congress in
history into the most open and honest Congress in history.'';
Whereas on November 7, 2006, House Minority Leader Nancy
Pelosi stated, ``The American people voted to restore
integrity and honesty in Washington, D.C., and the Democrats
intend to lead the most honest, most open, and most ethical
Congress in history.'';
Whereas on November 16, 2006, incoming House Speaker Nancy
Pelosi stated, ``This leadership team will create the most
honest, most open, and most ethical Congress in history.'';
Whereas on December 6, 2006, incoming House Speaker Nancy
Pelosi stated, ``We promised the American people that we
would have the most honest and open Government and we
will.'';
Whereas incoming Majority Whip Clyburn stated on December
8, 2006 that, ``Democrats will exercise better leadership in
the new Congress and work to raise the standard of ethics in
this body'';
Whereas Speaker Pelosi spoke of individual Member's ethics
on January 31, 2007 when she stated, ``These strong [ethics]
rules are significant steps toward honest leadership;
enforcing these rules is critical to ensuring every Member of
Congress lives up to the highest ethical standard'';
Whereas on January 5, 2010, while at a press conference
during the health care debate, Speaker Pelosi stated, ``There
has never been a more open process for any legislation'';
Whereas this statement was reiterated by the Speaker while
at a press conference on February 26, 2010, when a reporter
prefaced a question about Rangel by noting that Speaker
Pelosi had promised to run the ``most ethical and honest
Congress in history'' she interrupted him to say: ``And we
are.'';
[[Page H6598]]
Whereas more bills were considered under closed rules, 64
total, in the 110th Congress under Democrat control, than in
the previous Congress, 49, under Republican control;
Whereas fewer bills were considered under open rules, 10
total, in the 110th Congress under Democrat control, than in
the previous Congress, 22, under Republican control;
Whereas zero bills have been considered so far in the 111th
Congress under an open rule;
Whereas 26 bills have been considered so far in the 111th
Congress under a closed rule, under Democrat control;
Whereas this Congress is the highest spending Congress in
United States history;
Whereas this Congress has presided over the two highest
budget deficits in United States history at a time when the
public debt is higher than at any other time in history;
Whereas this Congress began its mortgage of the Nation's
future with a ``stimulus'' package costing $1.1 trillion that
failed to lower unemployment, spur economic growth, or
actually address the needs of struggling American business
and families;
Whereas this Congress continued its free-flowing spending
with an increase of $72.4 billion in nonemergency
discretionary spending in fiscal year 2009 to reach a total
spending level of $1.01 trillion for the first time in United
States history;
Whereas this Congress approved a budget resolution in 2009
that proposed the six largest nominal deficits in American
history and included tax increases of $423 billion during a
period of sustained high unemployment;
Whereas this Congress disregarded the needs and opinions of
everyday Americans by passing a national energy tax bill that
would increase costs on nearly every aspect of American lives
by up to $3,000 per year, eliminate millions of jobs, reduce
workers' income, and devastate economic growth;
Whereas this Congress disregarded the needs and opinions of
everyday Americans by passing a massive Government takeover
of health care that will force millions of Americans from
their health insurance plans, increase premiums and costs for
individuals and employers, raise taxes by $569.2 billion, and
fund abortions--at a cost of $2.64 trillion over the first
ten years of full implementation;
Whereas this Congress nationalized the student loan
industry with a potential cost of 30,000 private sector jobs
and $50.1 billion over ten years;
Whereas this Congress passed the DISCLOSE Act in violation
of the first amendment, hindering citizens associations' and
corporations' free speech while leaving all unions exempt
from many of the new requirements, in order to try and
influence the outcome of 2010 elections;
Whereas in spite of House Budget Committee Chairman's 2006
statement that ``if you can't budget, you can't govern'', the
Democrat leadership has failed to introduce a budget
resolution in 2010 as mandated by law, but instead self-
executed a ``deeming resolution'' that increases nonemergency
discretionary spending in fiscal year 2011 by $30 billion to
$1.121 trillion, setting another new record for the highest
level in United States history;
Whereas this Congress has failed Main Street through
passage of a financial system takeover that fails to end the
moral hazard of too-big-to-fail, does not address the Fannie
Mae and Freddie Mac behemoths, and creates numerous new
boards, councils, and positions with unconstitutionally broad
authorities that will interfere with the creation of wealth
and jobs;
Whereas this Congress has wasted taxpayer funds on an
unnecessary and unconstitutional auto industry bailout, a
``cash for clunkers'' program, a home remodification program
(``cash for caulkers''), and countless other pork barrel
projects while allowing the public debt to reach its highest
level in United States history;
Whereas Democrats have recently insinuated that significant
legislative matters would deliberately not be addressed
during the 111th Congress until after the midterm elections
in November 2010;
Whereas the New York Times reported on June 19, 2010 that,
``For all the focus on the historic federal rescue of the
banking industry, it is the government's decision to seize
Fannie Mae and Freddie Mac in September 2008 that is likely
to cost taxpayers the most money. . . . Republicans want to
sever ties with Fannie and Freddie once the crisis abates.
The Obama administration and Congressional Democrats have
insisted on postponing the argument until after the midterm
elections.'';
Whereas the Washington Times reported on June 22, 2010 that
House Majority Leader Steny Hoyer stated, ``a budget, which
sets out binding one-year targets and a multiyear plan, is
useless this year because Congress has shunted key questions
about deficits to the independent debt commission created by
President Obama, which is due to report back at the end of
this year.'';
Whereas the Hill reported on June 24, 2010 that Senator Tom
Harkin, a Democrat from Iowa, suggested that Democrats
``might attempt to move `card-check' legislation this year,
perhaps during a lame-duck session. . . . `A lot of things
can happen in a lame-duck session, too,' he said in reference
to EFCA.'';
Whereas the New York Times published an article on June 28,
2010 titled ``Lame-Duck Session Emerges as Possibility for
Climate Bill Conference'' that declares ``many expect the
final energy or climate bill to be worked out during the
lame-duck session between the November election and the start
of the new Congress in January.'';
Whereas the Hill reported on July 1, 2010 that ``Democratic
leaders are likely to punt the task of renewing Bush-era tax
cuts until after the election. Voters in November's midterms
will thus be left without a clear idea of their future tax
rates when they go to the polls.'';
Whereas the Wall Street Journal reported on July 13, 2010
that, ``there have been signs in recent weeks that party
leaders are planning an ambitious, lame-duck session to
muscle through bills in December they don't want to defend
before November. Retiring or defeated members of Congress
would then be able to vote for sweeping legislation without
any fear of voter retaliation.'';
Whereas the Hill reported on July 27, 2010 that Senate
Majority Leader Harry Reid said, at the recent Netroots
Nation conference of liberal bloggers, in reference to
Democrats' unfinished priorities, ``We're going to have to
have a lame duck session, so we're not giving up.'';
Whereas the Hill reported in the same piece on July 27,
2010 that the lame duck session will include priorities such
as ``comprehensive immigration reform, climate change
legislation and a whole host of other issues'';
Whereas the Declaration of Independence notes that
governments ``[derive] their just powers from the consent of
the governed'';
Whereas the American people have expressed their loss of
confidence through self-organized and self-funded taxpayer
marches on Washington, at countless ``tea party'' events, at
town halls and speeches, and with numerous letters, emails,
and phone calls to their elected representatives;
Whereas a reconvening of Congress between the regularly
scheduled Federal election in November and the start of the
next session of Congress is known as a ``lame-duck session of
Congress'';
Whereas the Democrat majority has all-but-announced plans
to use any ``lame-duck Congress'' to advance currently
unattainable, partisan policies that are widely unpopular
with the American people or that further increase the
national debt against the will of most Americans;
Whereas any such action would be a repudiation of the
American people's expressed will and would not comport with
the Democrats' public statements promising transparency and
accountability; and
Whereas under the leadership of Speaker Pelosi and the
Democrat majority, and largely due to the current trends of
Government expansion and freedom retrenchment, the American
people have lost confidence with their elected officials, and
that faith must be restored: Now, therefore be it
Resolved, That the House of Representatives--
(1) reaffirms the principle expressed in the Declaration of
Independence that governments ``[derive] their just powers
from the consent of the governed'';
(2) recognizes the fundamental importance of trust existing
between the American people and their elected officials;
(3) confirms that adhering to the will of the people is
imperative to upholding public trust;
(4) states that the American people deserve to know where
their current elected officials stand on key legislative
issues before Election Day;
(5) states that delaying controversial, unpopular votes
until after the election gives false impressions to voters
and deliberately hides the true intentions of the majority,
while denying voters the ability to make fully informed
choices on Election Day; and
(6) pledges not to assemble on or between the dates of
November 2, 2010 and January 3, 2011, except in the case of
an unforeseen, sudden emergency requiring immediate action
from Congress.
{time} 1210
The SPEAKER pro tempore. Does the gentleman from Georgia wish to
present argument on why the resolution is privileged under rule IX to
take precedence over other questions?
Mr. PRICE of Georgia. I do, Madam Speaker.
The SPEAKER pro tempore. The gentleman is recognized.
Mr. PRICE of Georgia. Madam Speaker, I hold in my hands here the
House Rules and Manual, which includes the rules of the House of
Representatives. And under rule IX it states, in part, that questions
of privilege shall be those affecting the rights, reputation, and
conduct of Members.
Clearly, Madam Speaker, the reputation and conduct of Members is in
question and highlighted in this resolution. What could be more
questionable regarding conduct of Members than acting in a disingenuous
manner by saying that a lame-duck session will not include
controversial items and then planning to do just that?
Madam Speaker, the intent of the majority is clear. They wish to
spend more, they wish to tax more, they wish to borrow more, and they
wish to harm job creation in a lame-duck session. And the American
people don't want this.
[[Page H6599]]
To positively and responsibly represent our constituents, Madam
Speaker, I respectfully request that the resolution be considered.
The SPEAKER pro tempore. The Chair is prepared to rule.
The resolution offered by the gentleman from Georgia declares a
variety of facts and circumstances, expresses certain opinions,
prescribes principles by which to schedule or conduct the
constitutional session of the House, and proposes a special order of
business with respect thereto.
In evaluating the resolution under the standards of rule IX, the
Chair must be mindful of a fundamental principle illuminated by
annotations of precedent in section 706 of the House Rules and Manual,
to wit: that a question of the privileges of the House may not be
invoked to effect a change in the rules or standing orders of the House
or their interpretation, nor to prescribe a special order of business
for the House.
The averment that this resolution presents a question of the
privileges of the House under rule IX embodies precisely the contrary
principle, under which each individual Member of the House would
constitute a virtual Rules Committee, able to place before the House at
any time whatever proposed order of business he or she might deem
advisable simply by alleging an insult to dignity or integrity
secondary to some action or inaction. In such an environment, anything
could be privileged; so nothing would enjoy true privilege. With every
question having precedence over every other question, the legislative
attention of the House would be managed ad hoc by the presiding
officer's discretionary power of recognition.
Accordingly, under the long and well-settled line of precedent
presently culminating in several rulings during the first session of
this 111th Congress, the Chair finds that such a resolution does not
affect ``the rights of the House collectively, its safety, dignity, or
the integrity of its proceedings'' within the meaning of clause 1 of
rule IX and, therefore, does not qualify as a question of the
privileges of the House.
The Chair therefore holds that the resolution is not privileged for
consideration ahead of other business. Instead, the resolution may be
submitted through the hopper for possible consideration in the regular
course.
Mr. PRICE of Georgia. Madam 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
Mr. POLIS. Madam Speaker, I move that the appeal be laid on the
table.
The SPEAKER pro tempore. The question is on the motion to table.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. PRICE of Georgia. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to table will be followed by 5-minute votes
on ordering the previous question on House Resolution 1606; and
adoption of House Resolution 1606, if ordered.
The vote was taken by electronic device, and there were--yeas 236,
nays 163, not voting 33, as follows:
[Roll No. 515]
YEAS--236
Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Childers
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Fudge
Garamendi
Giffords
Gonzalez
Gordon (TN)
Grayson
Green, Al
Green, Gene
Grijalva
Hall (NY)
Halvorson
Hare
Harman
Hastings (FL)
Heinrich
Herseth Sandlin
Higgins
Hill
Himes
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lujan
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McNerney
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Payne
Perlmutter
Perriello
Peters
Peterson
Pingree (ME)
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (WA)
Space
Spratt
Stark
Stupak
Sutton
Taylor
Teague
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--163
Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Bartlett
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Boehner
Bonner
Bono Mack
Boozman
Brady (TX)
Bright
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Carter
Cassidy
Castle
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Dent
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Emerson
Fallin
Flake
Fleming
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gohmert
Goodlatte
Granger
Graves (GA)
Graves (MO)
Griffith
Guthrie
Hall (TX)
Harper
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis
Issa
Jenkins
Johnson (IL)
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Lamborn
Lance
Latham
Latta
Lee (NY)
Lewis (CA)
LoBiondo
Lucas
Luetkemeyer
Lummis
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Minnick
Moran (KS)
Murphy, Tim
Myrick
Nunes
Nye
Olson
Paul
Paulsen
Pence
Petri
Pitts
Platts
Poe (TX)
Posey
Price (GA)
Putnam
Rehberg
Reichert
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (NJ)
Smith (TX)
Stearns
Sullivan
Terry
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
NOT VOTING--33
Berry
Blunt
Boustany
Broun (GA)
Buchanan
Davis (TN)
DeGette
Delahunt
Diaz-Balart, L.
Djou
Gingrey (GA)
Gutierrez
Jones
LaTourette
Linder
Lowey
Lungren, Daniel E.
Meek (FL)
Miller, Gary
Neugebauer
Radanovich
Rooney
Roskam
Salazar
Schock
Snyder
Speier
Tanner
Titus
Wamp
Welch
Young (AK)
Young (FL)
{time} 1239
Messrs. BARRETT of South Carolina, McHENRY, and GRAVES of Missouri
changed their vote from ``yea'' to ``nay.''
Mr. RANGEL changed his vote from ``nay'' to ``yea.''
So the motion to table was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mrs. LOWEY. Madam Speaker, I regrettably missed rollcall vote No. 515
on August 10, 2010. Had I been present, I would have voted ``yea.''
[[Page H6600]]
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