Continuity of Congress: Enacted and Proposed Federal Statutes for Expedited Election to the House in Extraordinary Circumstances

Publication Date: August 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

On August 2, 2005, H.R. 2985, the Legislative Branch Appropriations Act, 2006, which includes a measure (Title III) providing for expedited special House elections in extraordinary circumstances, was signed into law (P.L. 109-55). As adopted by both houses in late July 2005, the conference report to H.R. 2985 (H.Rept. 109-189) included the "continuity in representation" provision. On June 30, 2005, the Senate passed H.R. 2985, with amendments, by unanimous consent, and asked for a conference with the House. During a markup held June 23 by the Subcommittee on Legislative Branch of the Senate Committee on Appropriations, the subcommittee, by a voice vote, recommended that the Senate strike Title III of the measure, providing for expedited special elections to replace members of the House of Representatives when 100 or more of the seats in the House are vacant due to "extraordinary circumstances."

On June 22, 2005 the House passed H.R. 2985, the Legislative Branch Appropriations Act, 2006, by a vote of 330 -- 82. An amendment (H.Amdt. 338) offered by Representative Brian Baird to strike Title III of the bill relating to continuity in representation failed of adoption by a vote of 143 -- 268.

On June 16, 2005, during the markup of a draft measure funding FY2006 legislative branch operations, the Appropriations Committee adopted an amendment providing for expedited special elections to replace Members when 100 or more of the seats in the House are vacant due to "extraordinary circumstances." The amendment was offered by Representative Jerry Lewis, chairman of the Appropriations Committee reportedly at the request of the Speaker. The bill, which was introduced on June 20 as the Legislative Branch Appropriations Act, 2006, incorporates the text of H.R. 841, the Continuity in Representation Act of 2005, introduced by Representative James Sensenbrenner in mid-February. H.R. 841 was passed by the House on March 3 by a vote of 329 -- 68 and has been placed on the Senate legislative calendar, but has not yet been called up for floor action.

The adoption of Title III of H.R. 2985, attaching a legislative proposal to a measure that must pass to fund legislative branch activities, has been reported as a signal that the majority leadership of the House place great importance on enacting a congressional emergency preparedness measure. It has been reported that should the Senate consider H.R. 841, the House might agree to strike Title III of H.R. 2985 during conference negotiations.

This report is one of several CRS products related to congressional continuity and contingency planning, and will be updated. Others include CRS Report RL32031, House Vacancies: Proposed Constitutional Amendments for Filling Them Due to National Emergencies by Sula P. Richardson and Paul S. Rundquist; and CRS Report RL31594, Congressional Continuity of Operations (COOP): An Overview of Concepts and Challenges by R. Eric Petersen and Jeffrey W. Seifert.