mr. speaker , i thank the gentleman for yielding me time . 
i want to begin by congratulating him on his superb service on the committee on rules . 
this is obviously a very important issue to him . 
he joined the gentleman from wisconsin ( mr. sensenbrenner ) xz4003650 and me , along with former secretary of state candice miller and our distinguished colleagues , the gentleman from ohio ( mr. chabot ) xz4000710 , the gentleman from texas ( mr. paul ) xz4003110 , and the gentleman from maryland ( mr. bartlett ) xz4000170 , in co-sponsoring this legislation . 
as a former secretary of state , the gentleman from oklahoma ( mr. cole ) xz4000770 understands how important this issue is for us to address . 
i also want to express appreciation to my colleagues on the other side of the aisle . 
in the last congress , while it has not happened in this congress , i was very pleased that the distinguished ranking minority member of the committee on the judiciary , the gentleman from michigan ( mr. conyers ) xz4000800 , joined as a cosponsor of this legislation , as well as my good friend and colleague , the gentleman from california ( mr. berman ) xz4000250 . 
and it is my hope that we will be able to move ahead in a bipartisan way dealing with this very , very important institutional issue . 
we all remember september 11 of 2001 . 
my judgment has often been questioned because i was the last human being to walk out of this building on september 11 of 2001 , and probably correctly . 
i did not think anyone would attack it . 
and i will say that when i left the building on september 11 , 2001 , i did so when one of the great capitol hill policemen said to me that there was a plane headed towards this building , and we all know now that that is the plane that went down with those very courageous passengers in pennsylvania . 
when we think back on september 11th , obviously it was one of the darkest days in the history of our republic , and it has led us to spend a great deal of time thinking about the unthinkable . 
because of september 11th , we have had to ponder things that we would never even possibly consider because of the fact that we had not seen that kind of attack on u.s. soil . 
but since that time , the speaker of the house has really stepped up to the plate and done a wide range of things that are designed to ensure that the people 's house and , in fact , we hope both houses of congress , are able to continue to function . 
if you recall on september 11th , late that afternoon , when members of both houses of congress , both political parties , stood on the east front of the capitol singing god bless america . 
the reason that members stood on the east front of the capitol was to let the american people and to let anyone know who would want to do us in , that we , as a nation , are strong , and this institution , the greatest deliberative body known to man , was continuing to function . 
so beginning almost immediately after the attacks of september 11th , the speaker took a number of steps that were designed to maintain the continuity of this great institution . 
he established the ability to adjourn to an alternative place and to declare an emergency recess . 
he established the ability to effect a joint leadership recall from a period of adjournment through designees , and the requirement that the speaker submit to the clerk of the house a list of designees to act in the case of a vacancy in the office of the speaker . 
and , mr. speaker , we all know that at the beginning of this 109th congress , we included in our opening day rules package the provisions that allow the house to establish a quorum , which could be lowered if we go through a litany of roll call votes that would determine that many members had been incapacitated and could not actually show up to work here . 
i think it is important to note that we provided a number of protections in the use of that rule , including several that have been suggested by the members of the other side of the aisle . 
and i have to add , mr. speaker , that the speaker of the house and the minority leader , the gentlewoman from california ( ms. pelosi ) xz4003140 , have personally engaged and spent time talking about this very important issue . 
and it is my hope that we will , at the end of the day , end up with , as i said , a bipartisan compromise . 
some of those recommendations that came from members of the minority on this issue : extended roll calls lasting days at a time and excluding any time in recess so that members can contact the house and let us know that they can come to vote . 
the availability of the motion to adjourn at any time . 
the nonpartisan advice of the sergeant at arms , the capitol physician , and the medical and emergency personnel about the state of the membership of this body . 
and , mr. speaker , at the recommendation of the minority , consultation with the minority leader , in accordance with the traditional relationship between the speaker and the minority leader . 
and , finally , it is very important for us to remember that , as i just alluded to , that we have a bicameral legislature . 
the united states house of representatives does not operate unilaterally , so there will always be a check on any action taken under the mass incapacitation quorum provision . 
what i have been discussing , mr. speaker , answers how we will do the people 's work if a terrorist attack incapacitates large numbers of us . 
now , the continuity in representation act of 2005 , which we are considering here today , deals with how we will replenish the house if terrorists kill large numbers of our members . 
this legislation calls for special elections to be held within 45 days following such a catastrophe . 
the gentleman from florida ( mr. hastings ) xz4001701 has just alluded to something , and while i know we do not enjoy the strong support of the minority on this , we have made a step in that we are going to have a manager 's amendment made in order that would allow us to move in the direction of what it is that the minority wants , and that is allowing for 49 days , which would be a full 7 weeks . 
let me say that this legislation addresses a number of very important matters and it incorporates a number of suggestions made , again by members on the other side of the aisle . 
they include more than doubling the amount of time for the special elections to occur from 21 days to 45 days . 
and again we are going even further , to a full 7 weeks . 
protecting overseas military and absentee voters so that they receive additional time in which to return ballots . 
and i want to thank , particularly , the distinguished ranking minority member of the committee on armed services , the gentleman from missouri ( mr. skelton ) xz4003770 , for his fine work in that area and his commitment to ensure that we address the issue of military and overseas voters . 
protecting civil and voter rights . 
you will recall when we considered this legislation , which at the end of the day drew large bipartisan support in the 108th congress , we were able to address the concerns that were raised by the gentleman from north carolina ( mr. watt ) xz4004240 at the end of the day when we were debating the legislation , and that is included in this . 
again , that is a recommendation that came from the minority . 
we allow states to have primaries and other options for selection of candidates for the special election so long as the general elections are completed within that period of time , which would be 49 days , excluding districts from the 49-day special election requirement if they already have either a general or special election scheduled , and including the four delegates and the resident commissioner of puerto rico within the provisions of the bill . 
now , i mentioned the large bipartisan support . 
last year , this legislation passed the house by a vote of 306 to 97 . 
i believe that we need to continue working in a strong bipartisan manner to move this bill through the house and get it to the other body just as expeditiously as possible . 
in that spirit , i anticipate that we will amend the rule , as i said , to move under this manager 's amendment from 45 to 49 days . 
again , our attempt to continue to work and address very , very correct concerns that are emerging from the minority . 
i also have to say that on this rule itself we are very happy to have made in order the amendment of my colleague and neighbor , the very distinguished gentlewoman from california ( ms. millender-mcdonald ) xz4002750 , who has offered an amendment calling for 60 days . 
i also want to congratulate her , mr. speaker , on her new assignment as the ranking minority member of the committee on administration . 
she is working closely with the gentleman from ohio ( mr. ney ) xz4002930 i know , and with the gentlewoman from michigan ( mrs. miller ) xz4002761 , who is going to be managing this legislation , and so we look forward to seeing what i hope is , again , a good bipartisan work product . 
i want to talk now , if i can , mr. speaker , about how this bill protects what i feel is a very , very key part of our responsibility here : our representation . 
when i was an undergraduate at claremont mckenna college , i had a professor who pounded the federalist papers into me . 
i remember my mentor and the importance of the constitutional convention , and the great connecticut compromise of july 16 of 1787 . 
and i remember that date because we convened the congress in philadelphia to mark the bicentennial of the connecticut compromise back on july 16 of 1987 . 
of course , the federalists have been so important in explaining and justifying the actions of the framers as they put the constitution together . 
we all know that james madison was the father of our constitution , as well as having been president of the united states , he , as a matter of fact , was a member of the first committee on rules . 
and a relative of mine served on that committee on rules at the founding . 
madison wrote extensively about this institution , the house of representatives in federalists 52 through 57 . 
and one of the things i believe is very important for us to note is that madison talked about the absolutely critical importance of this institution being elected . 
now , mr. speaker , we all know that the 435 of us who serve as members of the house of representatives are the only federal officials who must be elected before we can serve . 
in the other body , the united states senate , people are appointed by their governors if vacancies take place . 
and we all know from the example of president ford , one can be appointed to serve as vice president and president of the united states without having been elected . 
but no one has ever served in the people 's house , this body , without having first been elected . 
and i think it is important to note that madison made it clear when he was talking especially about this institution , as he said in federalist no . 
53 , `` where elections end , tyranny begins. '' mr. speaker , as i said , we are the only federal office where no one has served here without having first been elected , and i think that is something we need to do everything we can to maintain . 
in federalist 52 madison wrote : `` it is essential to liberty that the government in general should have a common interest with the people , so it is particularly essential that the branch of it under consideration should have an immediate dependence on and an intimate sympathy with the people . 
frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectively secured. '' he went on in federalist 57 and wrote : `` who are to be the electors of the federal representatives ? 
not the rich more than the poor , not the learned more than the ignorant , not the haughty heirs of distinguished names more than the humble sons of obscurity and unpropitious fortune . 
the electors are to be the great body of the people of the united states. '' and , mr. speaker , madison rejected the idea that appointment of members is acceptable to the american public . 
he said , and i quote : `` the right of suffrage is certainly one of the fundamental articles of democratic government and ought not be regulated by the legislature . 
a gradual abridgement of this right has been the mode in which aristocracies have been built on the ruin of popular forms. '' i think it is very important for us to understand that there have been times in our nation 's history where we have faced greater difficulty than the difficulty that we face today , or even greater difficulty than we faced following september 11 of 2001 , and that was the civil war . 
if we think back to that time of the civil war , we have to remember that this capitol was surrounded by troops who were threatening the very being of our republic . 
yet president lincoln proceeded with elections , understanding how critically important they are for our republic 's survival . 
and , of course , we have the newest example of self-determination in the world . 
the brave people of iraq recently tasted freedom and the joy of elections . 
what happened ? 
we had many people saying those elections could not take place . 
why ? 
because there was a great deal of tension . 
we saw terrorist attacks , and we continue to see that in iraq . 
but we know that despite the bombs and the snipers and the fear of death , people exercised that very important right to self-determination . 
having faced down aristocracy and tyranny , they knew just how important elections would be for them . 
we too are a democracy borne out of facing down aristocracy and tyranny ourselves , and we should never forget that for one moment . 
mr. speaker , i am convinced that as we look at the struggles taking place in iraq today , that building and reinforcing democratic institutions is crucial for the safety , security , and happiness of a nation 's people , whether it is the people of iraq or the people of the united states of america . 
that is why when we looked at some of the other options to provide for our continuity as an institution , such as the stand-in appointments provision that the house overwhelmingly defeated last year , we should ask what we lose if we , for one moment , give up on elections . 
some have said that this is different ; that we will be dealing with a national emergency . 
and i say that elections are particularly important during a time of a national emergency . 
we should not have stand-ins or successors from a list in our back pockets passing laws , declaring war , or suspending habeas corpus . 
i believe that when we take this very , very unique institution , the people 's house , where no one has served without having first been elected , and move away from elections , that we threaten the very basis of our strength as a democratic nation . 
thus as we look at the very tough challenge of how to preserve our democracy in the face of catastrophe , this legislation is the most responsible way to continue the legitimacy of our government . 
if we look at the tragic loss of more than 100 members , the idea of having the states hold special elections in that period of time is something that is doable . 
people will unite and will remove all obstacles in conducting elections . 
think about it , mr. speaker . 
in the time of a horrible tragedy , feeding and clothing one 's family , making sure the roof is over their head , and then playing a role in picking one 's leaders , that is all part of the process of rebuilding . 
and it can be done in a relatively short period of time . 
my colleague ( ms. millender-mcdonald ) xz4002750 and i represent the state of california . 
a year and a half ago in our home state , we went through a special election -- recently , going through an unprecedented situation . 
we had the recall of a governor and an election that took place in 55 days . 
it was not a single congressional district of 650 , 000 people with two or three candidates . 
that race had 135 candidates on the ballot , and they were running among a populace of 35 million people . 
and i am happy to say that that election came off without a hitch . 
and i should parenthetically say i am happy with the outcome as well , mr. speaker . 
let me close by saying that i think it is very important for us to realize again what james madison was telling us when he said `` when elections end , tyranny begins. '' we should do everything we possibly can to make sure that we keep this house 's very , very precious election process . 
this rule allows for consideration of measures that address that . 
it is a very fair rule that again gives the ranking minority member an opportunity to have her proposal considered . 
i do oppose that proposal because i believe that the notion of moving to 49 days will allow us to work this out very well . 
and i again thank my colleagues , the gentleman from ohio ( mr. ney ) xz4002930 and the gentleman from wisconsin ( mr. sensenbrenner ) xz4003650 and others , who have worked long and hard on this . 
