[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[House]
[Pages 15438-15440]
[From the U.S. 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.'';
       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'';

[[Page 15439]]

       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.
  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

[[Page 15440]]


     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.''

                          ____________________