[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 16374-16377]
[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 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 Democrats have recently insinuated that significant 
     legislative matters would deliberately not be addressed 
     during the 111th Congress until after the midterm 2010 
     elections;
       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 businesses 
     and families;
       Whereas this Congress continued its freewheeling 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 6 largest nominal deficits in American 
     history and included tax increases of $423 billion during a 
     period of sustained high unemployment;
       Whereas the House of Representatives disregarded the 
     interests and opinions of everyday Americans by passing a 
     national energy

[[Page 16375]]

     tax bill that would increase costs on nearly every aspect of 
     American lives by up to $3,000 per person per year, eliminate 
     millions of jobs, reduce workers' income, and devastate 
     economic growth;
       Whereas this Congress disregarded the interests 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--all at a cost of $2.64 
     trillion over the first 10 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 10 years;
       Whereas the House of Representatives passed the DISCLOSE 
     Act, which would violate the First Amendment and hinder the 
     free speech of citizens associations and corporations while 
     leaving all unions exempt from many of the new requirements, 
     in order to try to influence the outcome of the midterm 2010 
     elections;
       Whereas in spite of the 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 Fannie Mae 
     and Freddie Mac, 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 special interest 
     projects while allowing the public debt to reach its highest 
     level in United States history;
       Whereas the New York Times reported on June 19, 2010, that 
     ``[f]or 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'';
       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 during NBC's Meet the Press on August 8, 2010, 
     White House advisor Carol Browner stated that Congress would 
     ``potentially'' deal with a national energy tax bill in a 
     lame-duck session;
       Whereas the Hill reported on August 20, 2010, that Rep. 
     Mike Quigley (D-IL) said, ``I'm more hopeful about the lame 
     duck session. I have faith that we're going to repeal Don't 
     Ask Don't Tell'';
       Whereas the members of the House Republican Conference, as 
     an alternative to passing a massive omnibus spending bill for 
     next year during a lame-duck session, have called on members 
     of both parties, as a starting point, to work together this 
     month to enact legislation that cuts nonsecurity 
     discretionary spending to 2008 levels (the last year before 
     the wave of bailouts, stimulus spending sprees, and takeovers 
     that have dismayed the American people) for the next year and 
     provides much-needed certainty to American small businesses 
     by freezing tax rates at their current levels for the next 2 
     years;
       Whereas recent public polling shows that the American 
     people clearly oppose the idea of dealing with major new 
     legislation in a lame-duck session;
       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 
     townhalls and speeches, and with numerous letters, emails, 
     and phone calls to their elected representatives;
       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 reconvening the House of Representatives in a lame-
     duck session to address major new legislation subverts the 
     will of the American people, lessens accountability, and does 
     lasting damage to the dignity and integrity of this body's 
     proceedings; and
       Whereas under the leadership of Speaker Pelosi and the 
     Democrat majority, and largely due to the current trends of 
     expanding governmental power and limiting individual liberty, 
     the American people have lost confidence in their elected 
     officials, and that faith must be restored: Now, therefore, 
     be it--
       Resolved, That the House of Representatives pledges not to 
     assemble on or between November 2, 2010, and January 3, 2011, 
     except in the case of an unforeseen, sudden emergency 
     requiring immediate action from Congress, and that the 
     consideration of any of the following matters does not 
     constitute an unforeseen, sudden emergency:
       (1) Card check, including H.R. 1409 (111th).
       (2) A national energy tax, including H.R. 2454 (111th).
       (3) Any legislation that would provide more authority to 
     Fannie Mae or Freddie Mac.
       (4) Any legislation pertaining to the Immigration and 
     Nationality Act.
       (5) Any legislation making regular appropriations for 
     fiscal year 2011 that would be an increase over previous 
     funding levels.
       (6) Any legislation increasing any tax on any American.

  The SPEAKER pro tempore (Ms. Richardson). Does the gentleman from 
Georgia wish to present his 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 may proceed.
  Mr. PRICE of Georgia. Madam Speaker, the rules of the House are 
important. Following these rules increases the trust of the American 
people in our institution, in our actions, a trust that is pivotal to 
the survival of our Republic.
  The questions of privilege of the House in this resolution come to 
the floor by virtue of rule IX, which states in part: ``Questions of 
privilege shall be first those affecting the rights of the House 
collectively, its safety, dignity, and the integrity of its 
proceedings.'' Integrity of its proceedings, Madam Speaker.
  Further: ``Those questions of privilege shall be those affecting the 
rights, reputation, and conduct of its Members.''

                              {time}  1220

  Madam Speaker, the reputation and the conduct of Members and the 
integrity of our proceedings is in question and is highlighted in this 
resolution. What could be more questionable than having this House 
adopt further affronts to this great country in a lame duck session.
  As the resolution states in just one ``whereas,'' ``Whereas 
reconvening the House of Representatives in a lame duck session to 
address major new legislation subverts the will of the American people, 
lessens accountability, and

[[Page 16376]]

does lasting damage to the dignity and integrity of this body's 
proceedings.''
  Madam Speaker, the intent of the majority is very clear. They want to 
spend more, they want to tax more, they want to borrow more, and they 
wish to harm more job creation in this lame duck session. And the 
American people don't want this.
  To positively represent our constituents, I urge the Speaker to allow 
this resolution to 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 and expresses sundry opinions. On 
those premises the resolution proposes to prescribe principles by which 
to schedule or conduct the constitutional session of the House. It 
ultimately proposes a special rule to govern the final months of the 
constitutional session of the House.
  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 rule or order of 
business.
  The averment that this resolution presents a question of the 
privileges of the House under rule IX embodies a precisely contrary 
principle. It augurs that the mere articulation of some prudential 
motive makes it privileged to regulate the proceedings of the House on 
instant bases. Under such an approach, each individual Member of the 
House could constitute himself or herself as a virtual Rules Committee. 
Any Member would be 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.
  Under the long and well-settled line of precedent presently 
culminating in the ruling of August 10, 2010, 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. HASTINGS of Florida. Madam Speaker, I move to table the appeal of 
the ruling of the Chair.
  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.
  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 1640; adoption of House Resolution 1640, 
if ordered; motion to suspend the rules on H.R. 5110; and motion to 
suspend the rules on H.R. 4823.
  The vote was taken by electronic device, and there were--yeas 236, 
nays 172, not voting 24, as follows:

                             [Roll No. 534]

                               YEAS--236

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown, Corrine
     Butterfield
     Capps
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     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
     Lowey
     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)
     Salazar
     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)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu

                               NAYS--172

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bishop (UT)
     Blackburn
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, M.
     Djou
     Dreier
     Duncan
     Ehlers
     Emerson
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves (GA)
     Graves (MO)
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)

[[Page 16377]]



                             NOT VOTING--24

     Becerra
     Bilirakis
     Blunt
     Boren
     Braley (IA)
     Bright
     Capuano
     Conaway
     Costa
     Davis (IL)
     Diaz-Balart, L.
     Ellison
     Fallin
     Hall (NY)
     Heller
     Honda
     McCarthy (CA)
     Meek (FL)
     Pence
     Roskam
     Sullivan
     Teague
     Yarmuth
     Young (FL)

                              {time}  1251

  Messrs. KINGSTON, SHUSTER, MACK, BOOZMAN, and Mrs. CAPITO changed 
their vote from ``yea'' to ``nay.''
  Mr. NEAL 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:
  Mr. ELLISON. Madam Speaker, on September 23, 2010, I inadvertently 
missed rollcall No. 534, but had I been present I would have voted 
``yea.''
  Stated against:
  Mr. BILIRAKIS. Madam Speaker, on rollcall No. 534, had I been 
present, I would have voted ``nay.''
  Mr. CONAWAY. Madam Speaker, on rollcall No. 534, to Table the Appeal 
of the Ruling of the Chair, had I been present, I would have voted 
``nay.''

                          ____________________