May 22, 2008 CONGRESSIONAL RECORD — HOUSE H4457 recognized nationally as one of the top 15 So I rise this morning to ask my col- (d) All points of order against amendments independent bands; leagues, what’s it going to take? printed in the report of the Committee on He was a 2006 graduate of the University of What’s it going to take to get this Con- Rules or amendments en bloc described in gress to take action to lessen our de- section 3 of this resolution are waived except Central Missouri with a degree in graphic de- those arising under clause 9 or 10 of rule XXI. sign; pendence on foreign oil? SEC. 3. It shall be in order at any time for Upon completion of college, he released his Now Democrats think we can tax our the chairman of the Committee on Armed first solo independent album, Analog Heart, way to lower gas prices or, this week, Services or his designee to offer amendments which was chosen the fourth-best CD released sue our way to lower gas prices. But en bloc consisting of amendments printed in in 2006; the American people know the only the report of the Committee on Rules accom- It is worth noting that David Cook did not way to lessen our dependence on for- panying this resolution not earlier disposed originally plan to audition for American Idol; he eign oil is to lessen our dependence on of. Amendments en bloc offered pursuant to this section shall be considered as read, shall traveled to Omaha, Nebraska to support his foreign oil. Only by drilling in an envi- be debatable for 20 minutes equally divided younger brother Andrew; ronmentally responsible way on Amer- and controlled by the chairman and ranking Cook was often seen playing his electric ican soil and off American shores can minority member of the Committee on guitar while performing on American Idol; the American people increase global Armed Services or their designees, shall not He received 56 percent of the vote; 97 mil- supply and reduce the price of oil. be subject to amendment, and shall not be lion votes were cast. As Memorial Day weekend ap- subject to a demand for division of the ques- tion in the House or in the Committee of the f proaches and Hoosiers headed to the lake see gasoline prices blow past $4 a Whole. The original proponent of an amend- NATIONAL DRUG COURT MONTH ment included in such amendments en bloc gallon, I urge my fellow Americans, may insert a statement in the Congressional (Mr. LARSEN of Washington asked after $4 a gallon, after years of inac- Record immediately before the disposition of and was given permission to address tion, ask this Congress, what’s it going the amendments en bloc. the House for 1 minute and to revise to take to give the American people SEC. 4. The Chairman of the Committee of and extend his remarks.) more access to American oil? the Whole may recognize for consideration of any amendment printed in the report of the Mr. LARSEN of Washington. Mr. f Speaker, today I stand in recognition Committee on Rules accompanying this res- olution out of the order printed, but not of National Drug Court Month and the PROVIDING FOR FURTHER CONSID- ERATION OF H.R. 5658, DUNCAN sooner than 30 minutes after the chairman of important work done by drug courts in the Committee on Armed Services or a des- my district and around the country. HUNTER NATIONAL DEFENSE ignee announces from the floor a request to Drug courts combine intense judicial AUTHORIZATION ACT FOR FIS- that effect. supervision and comprehensive treat- CAL YEAR 2009 SEC. 5. At the conclusion of consideration ment in community-wide approaches to Mr. CARDOZA. Mr. Speaker, by di- of the bill for amendment the Committee rehabilitation. They bring together rection of the Committee on Rules, I shall rise and report the bill to the House with such amendments as may have been teams of judges, attorneys, treatment call up House Resolution 1218 and ask adopted. Any Member may demand a sepa- providers, child advocates and law en- for its immediate consideration. rate vote in the House on any amendment forcement officers. Their tireless work The Clerk read the resolution, as fol- adopted in the Committee of the Whole to gives nonviolent offenders a second lows: the bill or to the committee amendment in chance to get clean and take back their H. RES. 1218 the nature of a substitute. The previous question shall be considered as ordered on lives. Resolved, That at any time after the adop- the bill and amendments thereto to final In my district, drug court programs tion of this resolution the Speaker may, pur- passage without intervening motion except have enhanced public safety, saved tax- suant to clause 2(b) of rule XVIII, declare the one motion to recommit with or without in- House resolved into the Committee of the payer dollars and, most importantly, structions. Whole House on the state of the Union for saved lives. Since 1999, the Snohomish SEC. 6. During consideration in the House County Drug Court in Everett, Wash- further consideration of the bill (H.R. 5658) of H.R. 5658 pursuant to this resolution, not- ington, has graduated over 300 partici- to authorize appropriations for fiscal year withstanding the operation of the previous 2009 for military activities of the Depart- pants, of whom 94 percent have re- question, the Chair may postpone further ment of Defense, to prescribe military per- consideration of the bill to such time as may mained clean. sonnel strengths for fiscal year 2009, and for Drug courts are widely recognized as be designated by the Speaker. other purposes. No further general debate SEC. 7. In the engrossment of H.R. 5658, the the most effective solution for reduc- shall be in order. Clerk shall— ing crime and recidivism among drug- SEC. 2. (a) It shall be in order to consider (a) add the text of H.R. 6048, as passed by addicted offenders. They come at a as an original bill for the purpose of amend- the House, as new matter at the end of H.R. fraction of the cost of standard incar- ment under the five-minute rule the amend- 5658; ceration, and they work. It is our re- ment in the nature of a substitute rec- (b) conform the title of H.R. 5658 to reflect ommended by the Committee on Armed sponsibility at the Federal level to pro- the addition to the engrossment of H.R. 6048; Services now printed in the bill. The com- (c) assign appropriate designations to pro- vide the funds necessary to ensure that mittee amendment in the nature of a sub- visions within the engrossment; and their services are available to people stitute shall be considered as read. All points (d) conform provisions for short titles that need them. of order against the committee amendment within the engrossment. So congratulations to dedicated drug in the nature of a substitute are waived ex- SEC. 8. It shall be in order at any time court professionals and graduates from cept those arising under clause 10 of rule through the legislative day of Thursday, Washington State and around the XXI. May 22, 2008, for the Speaker to entertain country on a job well done. Thank you (b) Notwithstanding clause 11 of rule motions that the House suspend the rules re- XVIII, no amendment to the committee lating to any measure pertaining to agricul- for your hard work and your amendment in the nature of a substitute tural programs. dedication. shall be in order except those printed in the The SPEAKER pro tempore. The gen- f report of the Committee on Rules accom- tleman from California is recognized panying this resolution and amendments en b 1015 for 1 hour. bloc described in section 3 of this resolution. Mr. CARDOZA. Mr. Speaker, for the (c) Each amendment printed in the report CALLING ON CONGRESS TO GIVE purpose of debate only, I yield the cus- THE AMERICAN PEOPLE MORE of the Committee on Rules shall be consid- ered only in the order printed in the report tomary 30 minutes to the gentleman ACCESS TO AMERICAN OIL (except as specified in section 4 of this reso- from Washington (Mr. HASTINGS). All (Mr. PENCE asked and was given per- lution), may be offered only by a Member time yielded during consideration of mission to address the House for 1 designated in the report, shall be considered the rule is for debate only. minute and to revise and extend his re- as read, shall be debatable for the time speci- GENERAL LEAVE marks.) fied in the report equally divided and con- Mr. CARDOZA. Mr. Speaker, I ask trolled by the proponent and an opponent, Mr. PENCE. Mr. Speaker, this morn- shall not be subject to amendment, and shall unanimous consent that all Members ing in my hometown of Columbus, Indi- not be subject to a demand for division of the have 5 legislative days within which to ana, gasoline hit $3.99 a gallon, one- question in the House or in the Committee of revise and extend their remarks on tenth of 1 cent just shy of $4 a gallon. the Whole. House Resolution 1218.

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A22MY7.001 H22MYPT1 jbell on PROD1PC69 with HOUSE H4458 CONGRESSIONAL RECORD — HOUSE May 22, 2008 The SPEAKER pro tempore. Is there iting TRICARE fee increases. It focuses our already passed bipartisan farm bill, objection to the request of the gen- on the war in Afghanistan. It also in- and I demand that my colleagues on tleman from California? cludes Iraq policy provisions that ban both sides of the aisle support the rule. There was no objection. permanent bases in Iraq and require I reserve the balance of my time. Mr. CARDOZA. Mr. Speaker, I yield the Iraqi Government to pay its fair Mr. HASTINGS of Washington. Mr. myself such time as I may consume. share of reconstruction costs. Speaker, I want to thank my friend Mr. Speaker, House Resolution 1218 In the spirit of maintaining the com- and colleague from California (Mr. provides for the further consideration mittee agreement and the over- CARDOZA) for yielding me the cus- of H.R. 5658, the Duncan Hunter Na- whelming bipartisan support for this tomary 30 minutes. I yield myself such tional Defense Authorization Act for bill and to further ensure that our time as I may consume. Fiscal Year 2009, under a structured military is fully prepared and our (Mr. HASTINGS of Washington asked rule, without further general debate. troops get the benefits they deserve, and was given permission to revise and The rule makes in order 58 amend- the Rules Committee has made in order extend his remarks.) ments submitted to the Rules Com- 58 amendments for consideration on Mr. HASTINGS of Washington. Mr. mittee for consideration under this the floor today. These are amendments Speaker, there are two primary pur- rule. The rule waives all points of order that the Rules Committee and the poses to the rule that is before the against the amendments printed in the Armed Services Committee determined House today. One purpose, legitimate, committee report and amendments en would not disrupt the bill’s carefully though unfair, relating to the defense bloc except those arising under clause 9 negotiated content and warranted fur- authorization bill. The other purpose, a or 10 of rule XXI. The rule provides for ther consideration. unilateral, partisan abuse of power by one motion to recommit with or with- In addition, this rule also allows the the liberal leaders of the House. out instructions. The rule also provides Speaker to bring up under suspension The first purpose. This rule provides that in the engrossment of H.R. 5658, of the rules any measure pertaining to for consideration of 58 amendments to the text of H.R. 6048, as passed by the agricultural programs. the Duncan Hunter National Defense House, shall be added at the end of H.R. As we all know and we heard on the Authorization Act for Fiscal Year 2009. 5658. floor yesterday, an unintentional cler- Of the 58 amendments that this rule Finally, the rule allows the Speaker ical error occurred prior to the enroll- makes in order, 42 are Democrat to entertain motions to suspend the ment of the farm bill. As a result, the amendments. Just 14 Republican rules through the legislative day of President did not receive the full bill. amendments were allowed. Two of Thursday, May 22, 2008, relating to any The distinguished majority leader, Mr. those amendments have bipartisan sup- measure pertaining to agricultural pro- HOYER, has been working to remedy port. grams. this situation so the President may re- The Rules Committee has blocked Mr. Speaker, this rule will allow the ceive the full bill for his consideration. two-thirds of the amendments sub- House to finish consideration of H.R. As a result, if a resolution is reached, mitted by members of the Republican 5658, the Duncan Hunter National De- and I do not know the status of the ne- Party. Reasonable, responsible amend- fense Authorization Act for Fiscal Year gotiations between Mr. HOYER and Mr. ments that raise legitimate national 2009. General debate on this measure BOEHNER, the resulting end product defense issues relating to the security concluded last night. This two-part will be brought to the floor without of American troops and the American process has been used over the years to further delay so that we may complete people are not being permitted to be ensure that the Rules Committee has nearly 2 years of effort and deliver once debated on the House floor. ample time to consider amendments and for all on the promises we made The defense authorization bill was submitted to the committee. This year, long ago to America’s farmers and approved by a unanimous bipartisan 121 amendments were submitted for ranchers. support, Mr. Speaker, of the Armed consideration. In the meantime I must remind our Services Committee. But that does not As my friend from Florida (Mr. colleagues that the current farm bill mean that that bill is perfect. Indeed, HASTINGS) said on the floor yesterday, extension is set to expire unless we act amendments to the bill were filed with the defense authorization bill is one of today. Whether a resolution is reached the Rules Committee by both Demo- the most comprehensive and important in the coming days or how we resolve crats and Republican members of the pieces of legislation this House con- this clerical error, we must, Mr. Speak- Armed Services Committee. These siders each year. er, extend the current farm bill and members, who had worked in a bipar- I salute the chairman of the Armed this rule will simply allow that to tisan way in committee and who want- Services Committee, Mr. SKELTON, and occur. ed to have their ideas for improving Ranking Member HUNTER for their the defense authorization bill consid- hard work and cooperative effort in b 1030 ered by the House, were denied that op- bringing this piece of legislation to the Much will be made of this rule by my portunity, and among those amend- floor. Their bill passed the Armed friends on the other side of the aisle, ments that were blocked by the Rules Services Committee by a vote of 61–0, a but I will remind them that any farm Committee is the ranking Republican testament to their bipartisan efforts bill measure that may come before the member of the Armed Services Com- and desire to ensure our Armed Forces House today will come up under sus- mittee, for whom this bill is named. have all the tools they need to main- pension of the rules. That means that At the same time we are applauding tain our national security and to pro- two-thirds of the House must support those committee members for their bi- vide our servicemembers in harm’s way any suspension bill in order for it to partisan work, the Rules Committee with the best gear and force protection pass the House. That further means steps in and shuts down what has been possible. that there will be no political games- an open, cooperative process by block- America has the finest military in manship and we must have a strong bi- ing so many Republican amendments. the world, Mr. Speaker. Unfortunately, partisan vote in order to pass any bill Mr. Speaker, the House should recog- the Bush administration’s policies in that reaches the floor. nize that when a committee works in Iraq have depleted our great military, The farm bill conference report has an open and honest manner to produce put a tremendous strain on our troops, overwhelming bipartisan support. It a truly bipartisan bill, we should recog- and dropped the Army’s readiness to passed this House with 318 votes. It nize that, especially because it has be- unprecedented levels. passed the Senate with 81 votes. It rep- come a rarity in this Congress. H.R. 5658 takes us in a new direction. resents the tireless effort of many Despite the promises made by the It will help restore our Nation’s mili- Members, including myself, and is far Democrat leaders to run the most open tary readiness and protect our troops too important to fail, Mr. Speaker, es- and honest House in history, they have in harm’s way. This bill supports our pecially in light of what was an unin- made it a matter of routine to close troops and their families by giving the tended clerical error. down debate, take away the ability of military a pay raise larger than was re- This rule ensures swift passage of a every Representative to offer amend- quested by the President and prohib- bipartisan defense bill and a remedy to ments on the House floor, to defy rules,

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.008 H22MYPT1 jbell on PROD1PC69 with HOUSE May 22, 2008 CONGRESSIONAL RECORD — HOUSE H4459 and to ignore over 200 years of legisla- day. That the leaders acted unconsti- that it was never brought before the tive precedents. Yet, Mr. Speaker, this tutionally is not a matter of my per- House is simply not the facts. I was on House has never seen anything the sonal opinion, it is a matter that has the floor. I heard Mr. PETERSON an- likes of what the Democrat leaders did been ruled upon by the United States nounce to the floor that in fact there last night with the vote to override the Supreme Court. In a 6–3 majority opin- had been an error yesterday during the President’s veto of the farm bill. ion written by Justice Stevens in the debate for the override. In fact, Mr. PE- Despite having full knowledge that 1998 line-item veto case, Clinton v. The TERSON said that he had been dis- the bill that the Speaker of the House City of New York, the court concluded, cussing with Mr. GOODLATTE the situa- certified with her signature and sent to and I quote: tion and how to remedy it. In fact, Mr. the President was not the exact same ‘‘The Balanced Budget Act of 1997 is HOYER acknowledged it on the floor. bill that passed both the House and the a 500-page document that became Pub- There has been no glossing over this. Senate, Democrat leaders deliberately lic Law 105–33 after three procedural Mr. HOYER readily acknowledged on acted to have this House vote on over- steps were taken. One, a bill containing the floor last night that there was a riding the President’s veto. The bill its exact text was approved by a major- clerical error about this. Certainly we that the Speaker sent to the President ity of the Members of the House of are concerned about how to remedy completely omitted title III of the Representatives. Two, the Senate ap- this. That is why we are bringing this farm bill. This is the entire trade sec- proved precisely the same text. Three, rule to the floor. We are also concerned tion that runs several dozen pages. that text was signed into law by the that the farm bill expires. We have It has been asserted that deletion of President. The Constitution explicitly brought a resolution to the floor that this title from the farm bill that the requires that each of these three steps allows for a bipartisan compromise Speaker sent to the President was sim- be taken before a bill may ‘become a that would fix that situation. ply a mistake, an oversight, or a tech- law.’ Article 1, section 7. If one para- We are trying to solve problems here nical error. That may very well be. graph of that text had been omitted at today. We are trying to do right by our That may very well be, Mr. Speaker. any one of those three stages, Public military, we are trying to do right by Yet Democrat leaders deliberately Law 105–33 would not have been validly our farmers, and we are doing it in a acted yesterday to have the House vote enacted.’’ manner that would require, with re- to override a Presidential veto on a bill Mr. Speaker, last night it wasn’t gard to the farmers, at least, a two- that the House had never, ever passed. until Republicans objected that the thirds vote of this House to resolve the They took this action in direct con- Democrat majority took any action to problem. tradiction to the simple procedures es- speak on the floor and inform the So, Mr. Speaker, I would submit that tablished in article I, section 7 of the House of what had occurred by the we are doing everything possible to United States Constitution. omission of title III of the bill. The remedy this situation, and we are Mr. Speaker, like many of my col- Democrat majority then responded, as doing it in a bipartisan manner. leagues, I have often spoken to elemen- they have for the past 16 months, by With that, I would like to yield 2 tary and high school students about choosing the path of unilateral, par- minutes to the gentlewoman from Cali- my job as a Congressman and how Con- tisan action over working in a bipar- fornia (Ms. MATSUI), a member of the gress works. The most fundamental tisan way. Keep in mind, this farm bill Rules Committee, a leader in the farm lesson I always convey is how a bill be- passed by over 300 votes in a bipartisan bill debate, and a great friend. comes law in this Congress. It’s very way. Ms. MATSUI. I want to thank the simple. The House and the Senate must As I stated at the beginning of my re- gentleman from California for yielding pass the exact same bill. It must be marks, there are two parts to this rule. me time. exact. No comma difference. When they The first makes in order amendments Mr. Speaker, I rise today in support do that, the bill is sent to the Presi- to the defense authorization bill. The of the rule and the Duncan Hunter Na- dent to be signed into law or vetoed second provides blanket authority for tional Defense Authorization Bill. I and returned to the Congress. any bill relating to agricultural pro- want to thank Chairman SKELTON and Mr. Speaker, this did not happen grams to be considered under suspen- Ranking Member HUNTER for the way with the farm bill. The bill passed by sion of the House rules. they worked together to craft the bal- both the House and the Senate was not The inclusion of this blanket author- anced bill before us today. the bill that the Speaker of the House ity to suspend House rules and consider Mr. Speaker, this bill is about the signed and sent to the President. bills was not even discussed with Re- men and women who serve and defend Mr. Speaker, last week I stood right publicans. I say that with the knowl- our country. One of these heroes lives here on the House floor and stated that edge I have as I speak here today, right in my home town of Sacramento, Ser- while I believed that the farm bill was now, at 10:39 a.m. geant Jeremiah Anderson. Sergeant far from perfect, I would vote for the My colleagues on the other side of Anderson is a decorated soldier who bill because of the positive provisions the aisle will claim that this is simply served as an armored crewman for it included for specialty crop growers an effort to fix the farm bill. Mr. more than 4 years. He is an American in my congressional district. Speaker, I voted for the farm bill and I hero. In my speech to the House and in my support getting it enacted into law. But a provision in current law has communications with my constituents, But this isn’t just about a fix or find- kept him from receiving the full scope I specifically cited parts of the farm ing the most convenient or face-saving of Army College Fund benefits he bill that helped convince me to vote to way to act on the farm bill. It’s about earned and deserves. At least 40 other pass it. In particular, I spoke about the following the Constitution and holding veterans around the country have had Market Access Program in reference to Democrat leaders accountable for their the same thing happen to them. The technical trade assistance for specialty deliberate actions yesterday, Mr. military’s educational benefits are a crops, both of which help to break Speaker. crucial part of the promise we make to down unfair trade barriers and open They knew the bill they put to an our soldiers. We vow to repay their new markets for farmers overseas. override vote yesterday had never service by providing them with oppor- Both of these programs are part of title passed the House in the version that it tunities to further their education. III of the farm bill which passed the was presented to us for the override, These education benefits help our sol- House and Senate but was not sent to but they did it anyway. The House diers reintegrate into their commu- the President. should not gloss over an incident of nities when they return from overseas, Mr. Speaker, the farm bill I voted this magnitude with such serious con- and in return, our communities benefit for, and the very reasons I voted for it, stitutional violations. from their invaluable contributions, was not the bill that the House voted With that, Mr. Speaker, I reserve the both in the military and here at home. to override yesterday. balance of my time. We must deliver on what we promise, Democrat leaders of this Congress Mr. CARDOZA. I would just like to Mr. Speaker. I urge my colleagues to acted in an unconstitutional way in say to my friend and the gentleman support the defense authorization bill voting to override the veto vote yester- from Washington State that his claim for the good of our military families

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.009 H22MYPT1 jbell on PROD1PC69 with HOUSE H4460 CONGRESSIONAL RECORD — HOUSE May 22, 2008 and for the safety of our Nation in the pass something that would in some issue that is bigger than just simply future. way prejudice the GAO protest which is this bill. It probably needs to be dealt Mr. HASTINGS of Washington. Mr. being undertaken right now. But let with in the Armed Services Committee Speaker, before I yield to the gen- me tell you as a guy who has looked at so they can decide the proper course of tleman from California, I just want to the industrial base and the fact that action, and it was not ruled in order for make this point, and this is a very, big pieces of our industrial base are that reason. very important point. Yesterday, prior moving offshore at a rapid rate, at Mr. Speaker, I would now like to to taking up the veto override of the some point that is going to affect our yield 3 minutes to the gentleman from farm bill, the Democrat leaders knew ability to defend this country. Minnesota (Mr. PETERSON), the chair- that title III was out of the bill. There- This is a huge deal. It is a huge trans- man of the Agriculture Committee. fore, it was not a bill that had passed fer of high-paying aerospace jobs, basi- Mr. PETERSON of Minnesota. I either House. Therefore, the ultimate cally a massive economic stimulus thank the gentleman. rule of this land, the Constitution, was package for Europe. Even with the 58 Mr. Speaker, I rise to correct the violated. percent of the tanker work that is stat- record. This bill has had a long and tor- It was at that point, Mr. Speaker, ed by the European company will be tuous path, and now, unfortunately, is that there should have been discussions built in the United States, that still is the victim of an unintended clerical on how to remedy this in a way, but 42 percent of the work that will not be error, and I just need to set the record there was no discussions on that, at built in the United States, and that is straight about what happened here. least with the leaders on our side. Yet compared to the American company, I notified Mr. GOODLATTE, who I we went ahead with the action of over- which does about an 85–15 split. worked on this bill with on a bipar- riding a veto, overriding a bill that the Now Cap Weinberger talked about tisan basis, as soon as I found him after House had not passed. this formula that he used, that for I found out about this. We also talked That is what the facts were yester- every $1 billion you create of defense to Mr. BLUNT before the vote. So we day, and it was not brought to the full spending, you create 30,000 jobs. That had discussions on a bipartisan basis. House’s attention until the leaders on means that the number of jobs at stake This error, apparently what happened our side stood up after the vote to ask here, the difference between going with here is that there was a procedure that what the procedures were for clarifica- the European competitor or the Amer- used to be in place where people would tion. Had we known that ahead of time, ican competitor, is well over 100,000 initial each page after they had done we probably could have gone through American high-paying aerospace jobs. the enrollment on the parchment, but regular order and got this resolved in All my amendment said was this: It that was eliminated apparently 10 such a way that would have been ac- said that no matter who won, 85 per- years ago when the Republicans were ceptable to all sides. cent of the work had to be done in the in charge, for whatever reason. So a With that, Mr. Speaker, I am pleased United States. That is important to mistake was made on both ends of to yield 3 minutes to the namesake of keep our industrial base intact. For Pennsylvania Avenue. The White the bill that we are debating later on, those folks that like the European House vetoed a bill that was missing the Duncan Hunter Defense Authoriza- competitor and the American company this title. We sent a bill down there tion Act of 2009. The gentleman from that was marrying up with it, that is that was missing this title. So that was California served as chairman of the Northrop Grumman, a great company the reality of what happened. I notified Armed Services Committee. He has that would be building the European everybody before the override imme- been somebody that I have looked up aircraft, that would have been good for diately about what the situation was. to in my years in Congress. He prob- them, because they would then, instead So that is what happened. ably, if not the most knowledgable per- of having 58 percent of the work done Now, the way we came to the conclu- son in this House on military affairs, in the United States, they would have sion to move ahead with this was dis- he is certainly one of the most. had, if my amendment had been offered cussions with the Parliamentarian and I yield 3 minutes to my friend from and passed, that would have allowed others that this in fact was a bill that California (Mr. HUNTER). them to get 85 percent of the work was vetoed that was passed in the iden- done in the United States. tical form in both the House and the b 1045 The SPEAKER pro tempore. The Senate. We had passed all 14 of those Mr. HUNTER. Mr. Speaker, I want to time of the gentleman has expired. titles in the House that were vetoed. thank my great friend from Wash- Mr. HASTINGS of Washington. I They passed them in the Senate in ington for his kind remarks, and also yield the gentleman 1 additional identical form. It was vetoed by the thank the Rules Committee and the minute. White House. gentleman from California for his work Mr. HUNTER. That would have There is a case from 1892, Field v. on this bill too. meant jobs for the American workers, Clark, that was the exact same similar We have had a great opening session and it would have meant that we kept situation. It is very clear that they do on the Armed Services bill. Our chair- a lot of that talent pool, that indus- not look beyond the parchment when man, Mr. SKELTON, who brought this trial base capability, in the United they look at this veto. So the decision bill up and brought it through the com- States. This would have been a huge to move ahead was made on a bipar- mittee with a unanimous vote, I think win for American workers and it would tisan basis between Mr. GOODLATTE and is to be greatly commended. But let me not have prejudiced the present GAO me. register my objection to the Rules protest that is underway right now. Mr. DREIER. Will the gentleman Committee’s determination that one of So I am disappointed that this yield on that point? the amendments that I had offered was amendment was not allowed, and I Mr. PETERSON of Minnesota. I not made in order, and that is the hope at some point down the line the would be happy to yield. amendment that goes to the so-called Democrat leadership will allow us to Mr. DREIER. I thank my friend for tanker deal. put this amendment up, which will yielding, Mr. Speaker. Let me just explain to my colleagues help American workers, help the indus- Let me just say my friend has just that this tanker deal involves hundreds trial base, and help to secure the de- indicated that there was discussion of thousands of American jobs. The Air fense of the United States. that took place with the ranking mi- Force has determined that the Euro- Mr. CARDOZA. Mr. Speaker, with re- nority member and the Republican pean competitor has won the tanker gard to the comments we just heard Whip before the vote took place. The contest. This buy could ultimately be from our distinguished former chair- concern that we have on this issue is in excess of some $30 billion, so there man of the committee, while a lot of us the fact that we even moved ahead are enormous numbers of American have sympathy for the amendment with consideration when there was pro- jobs at stake. that the gentleman put forward, it is test raised by our leadership staff say- As we went through the markup my understanding that no defense con- ing that we have a problem here, it process, the Members on both sides in- tractor currently can meet the require- needs to be addressed. I didn’t even dicated that they didn’t want to try to ments of that 85 percent. So that is an know that this was taking place until

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.011 H22MYPT1 jbell on PROD1PC69 with HOUSE May 22, 2008 CONGRESSIONAL RECORD — HOUSE H4461 we were well into debate on the at- ceed until we resolve this matter, and Mr. PETERSON of Minnesota. Again, tempt to override the President’s veto. as we discussed yesterday in our col- one of the reasons that we were moving So that is a concern we have raised. loquy with the distinguished majority was because the extension of the cur- We acknowledge that mistakes are leader, Mr. HOYER, the notion of all of rent law expires Friday and we were made. We know that happens. It has a sudden taking part of one bill, having trying to make sure we got the work happened under both parties in the it signed or vetoed, and that bill not all done so that we could finally get this past. But to proceed when there has being included as one, it has created a bill passed into law, after all the time been concern raised by the minority tremendous confusion and a potential that we have been working on this. staff is another matter. constitutional quagmire. b 1100 I thank my friend for yielding. Mr. PETERSON of Minnesota. Will Mr. PETERSON of Minnesota. Re- the gentleman yield? If people think that I made the wrong claiming my time, we made a decision Mr. DREIER. I am happy to yield to decision here, I will take responsibility at the time that we thought was appro- my friend. for it. But I talked to minority mem- priate, and that is that we had the 14 Mr. PETERSON of Minnesota. It is bers. There were some on the other side titles. They were passed in the same not a constitutional quagmire. I don’t that agreed with the process that we way between the House and the Senate. know why people bring this up, because were setting forward. I apologize. There is nobody that has spent more The SPEAKER pro tempore. The it was clear in this 1892 court case what time working on this bill. I personally time of the gentleman has expired. the situation is. The thing is, we ini- Mr. CARDOZA. I yield the gentleman tially asked, if I could explain, if it was looked over everything that has been in this bill. I guess the one mistake I 1 additional minute. possible to re-enroll the bill and send it Mr. PETERSON of Minnesota. The back to the President in the way that made was that I didn’t personally read idea at the time was that we would ask it should have been done in the first the enrolled copy of this bill and actu- ally check each page of it before it was unanimous consent to move title III place. We were told that could not be sent to the White House. I guess I after the veto override so we could done. should have done that. marry the bill back up. There was ob- The problem that we have is not so much a problem in the House, but a A procedure was eliminated that used jection raised on that regard. So what to be there under the Republicans. I we are doing now is a process to try to problem in the Senate, that there is no way that you could get this bill redone think that procedure is now going to be fix this. This is a clerical error. This is reinstated after this experience. Real- not anything that anybody has tried to without re-passing the bill. Mr. DREIER. Reclaiming my time, I ly, this is just an error. And now we cover up. I made this clear to every- simply want to say that the concern have to fix this. body at the beginning of the process. that we have was the rush to proceed So what we are doing with this rule Looking at this the next day, I think with that veto override vote last night, is allowing us to pass the whole bill we made the right decision, because when in fact from what I infer from again, send it over to the Senate. We clearly the Senate is going to override what the distinguished chairman has are also going to pass a bill that just the veto and the 14 titles that are over- just said, Mr. Speaker, that obviously has title III in it, send that to the Sen- ridden will become the law of the land. the bill should be together. We should ate, so that we give the Senate all of This is backed up by Field v. Clark. in fact move ahead, for all intents and the options that they need so that we We have still got the issue to deal purposes, from scratch on this so that can get this expedited and fixed as soon with on the trade title. We have a proc- we can follow, as Mr. HASTINGS up in as possible. That is what we are trying ess set up to get that resolved. It is not the Rules Committee last night ex- to do here. a partisan issue. We are just trying to plained when we talk to school groups, I apologize if some people’s feelings get this fixed. how a bill becomes the law. were hurt, but we were doing the best So you can disagree with the decision This is not the way it is done. This is we could. we made, and if you have a problem not the way it was envisaged by the Mr. DREIER. Would the gentleman with it, I will take the blame. But at Framers of our Constitution. And, as I yield? the time, we talked to the Parliamen- said last night in the Rules Committee, It has nothing to do with feelings tarian, we discussed it among our- we have Members looking at article I, being hurt on this issue. My feelings selves, and we decided this is the way section 7 of the U.S. Constitution, aren’t hurt at all over this issue. My to proceed. which does raise this. concern happens to be the U.S. Con- Mr. HASTINGS of Washington. Mr. All we are saying is we acknowledge stitution. I know that raising the term Speaker, I am pleased to yield such mistakes were made. We don’t believe ‘‘the Constitution’’ is something that time as he may consume to the distin- there was any intent here, until we my friend might not like. And I con- guished ranking member of the Rules proceeded after, and, again this is a bi- gratulate him on his work product on Committee (Mr. DREIER). partisan bill, after there was concern this bill through the process and all. I Mr. DREIER. I thank my friend for raised from our minority leadership know he has worked very hard. My yielding. I am happy to continue en- staff members. feelings aren’t hurt. I am just saying gaging in a colloquy with the distin- So that is why I believe that the de- that we believe that things need to be guished Chair of the Committee on Ag- cision was an incorrect one. And the done correctly, under the Constitution. riculture. notion of our now including in this Mr. PETERSON of Minnesota. Re- What I would say, Mr. Speaker, is Duncan Hunter National Defense Au- claiming my time. This was done cor- that, again, we all acknowledge that thorization bill in the rule to allow rectly. The 14 titles that were over- mistakes are made. But this is a bill that bill to come up a provision that ridden yesterday were passed in an that has enjoyed bipartisan support. I allows us to proceed with this kind of identical manner between the House am not going to give all my arguments. debate is just plain wrong. and the Senate. They were vetoed by I have given them during debate on the Mr. Speaker, I thank my friend for the President in that manner. The bill, bill. I voted against the bill, but I am yielding. once the Senate overrides, will become not standing here trying to block it Mr. CARDOZA. Mr. Speaker, how law. This is clarified in Field v. Clark from becoming public law. We saw much time do we have remaining? in 1892, a similar situation. This is in- there were only 108 of us yesterday The SPEAKER pro tempore. The gen- formation that we knew before we pro- that voted to sustain the President’s tleman from California has 161⁄2 min- ceeded, and we believe we proceeded veto, so that much is there. utes remaining and the gentleman correctly under the circumstances. Had But the fact is that is not the bill from Washington has 121⁄2 minutes re- we had unanimous consent, we that we voted on in this institution be- maining. wouldn’t be here today. We would have fore, and with this concern that has Mr. CARDOZA. Mr. Speaker, I yield 3 had this resolved by now. come to the forefront, Mr. Speaker, it minutes to the chairman of the Agri- I just would hope the gentleman seems to me that since our Republican culture Committee, the gentleman would help us move past all of this and leadership staff indicated to members from Minnesota (Mr. PETERSON) to re- in good faith let us finally get this of the majority that we should not pro- spond to Mr. DREIER’s remarks. farm bill accomplished.

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.013 H22MYPT1 jbell on PROD1PC69 with HOUSE H4462 CONGRESSIONAL RECORD — HOUSE May 22, 2008 Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. I Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 2 min- yield the gentleman 30 additional sec- Speaker, I am pleased to yield 2 min- utes to the gentleman from Utah (Mr. onds. utes to the gentleman from Georgia BISHOP), a member of the Armed Serv- Mr. BISHOP of Utah. Coal and oil (Mr. GINGREY), a former member of the ices Committee. shale have greater Btus, which simply Rules Committee and now a member of Mr. BISHOP of Utah. I appreciate the means that, for the same amount of the Armed Services Committee. opportunity of speaking on this very fuel, our fighters, our Humvees, our Mr. GINGREY. Mr. Speaker, I thank unique rule, which I assume covers trucks could go farther or we could do the gentleman for yielding. We just parts of at least two or three bills. I what we are doing now with less energy heard from the gentleman from Utah in would like to talk about one section of consumption that we need. regard to section 526 of the Energy it, which is the Department of Defense The military has attempted to make Independence and Security Act of 2007, portion. sure we have a process with alternative the Democratic Energy Act. I would also like to first congratulate fuels to make sure that we have secu- Section 526, as the gentleman de- Chairman SKELTON and the two sub- rity for the future. 526 stops that. The scribed, puts handcuffs on our Federal committee chairmen with whom I Rules Committee could have waived Government, particularly the Depart- work, ABERCROMBIE and ORTIZ, for pro- the issues of sequential referral and al- ment of Defense, in regard to the abil- ducing a bipartisan bill. They have lowed us to discuss that on the floor, ity to get other sources of fuel. 380,000 given the image that I think could be but instead they limited and restricted barrels of refined products per year are used on other committees that if the the debate, so that we will not have a used by the Department of Defense, leadership of the committee wants to full debate on this important issue that mainly by the United States Air Force, come up with a bipartisan bill, it is is about the security of the military of Mr. Speaker. And the cost of that fuel easily possible to do that. They have this country. from 2003 to 2007 has gone from $5 bil- done that in this particular committee. Mr. CARDOZA. Mr. Speaker, at this lion to $12 billion a year. It is antici- They have been fair in their leadership, time I yield 2 minutes to the gen- pated that in this current year it will their staffs have been very helpful, tleman from New York, a gentleman go up another $9 billion. This amend- they have produced a good bill. who worked tirelessly on the farm bill ment that the gentleman was speaking I also want to thank Representative and who has worked tirelessly on be- of that I submitted to the Rules Com- BOREN of Oklahoma, who has taken the half of defense matters, my good mittee last night offered by the gen- issue upon which I wish to address very friend, the gentleman from New York tleman from Texas (Mr. HENSARLING), quickly, and continues to move that (Mr. ARCURI). the gentlelady from Tennessee (Mrs. forward in an attempt to be a bipar- Mr. ARCURI. I thank my friend and BLACKBURN), and the gentleman from tisan way. colleague from California for yielding Hawaii (Mr. ABERCROMBIE), making Unfortunately, the amendment made time to me. this a bipartisan amendment, and of in order under his name on this par- Mr. Speaker, I rise in strong support course myself, to just simply strike ticular issue has very vague language today of this rule, the fiscal year 2009 that section 526 so we can allow the in there and, I am afraid, only codifies Defense Authorization Act, which this Federal Government, in particular the the existing problem as opposed to try- year is appropriately named after the Department of Defense, to utilize ing to find a solution to it. distinguished Republican ranking things like coal liquefaction or shale The problem exists in that a different member, Mr. HUNTER. products, tar sand, that can convert to committee with very little under- I commend Chairman SKELTON and energy and let us utilize that fuel and standing and no jurisdiction over mili- the entire House Armed Services Com- cut down this cost to our Department tary affairs has passed legislation mittee for their ability to work in a of Defense. which has caused a massive problem strong bipartisan fashion to produce a I mean, we needed an opportunity, for the military of this particular defense authorization bill that will en- clearly, Mr. Speaker, to be able to de- country. hance our Nation’s security by pro- bate that amendment on this floor. I A CEO of one of the major airlines viding our troops with superior equip- think that overwhelmingly the major- has said that for every penny of unex- ment, and improve the quality of life ity on a bipartisan basis would support pected cost in fuel, it costs them $1 for our servicemembers and their fami- striking that amendment. We are in a million of unexpected costs for their lies by providing a 3.9 percent pay raise crisis, and everybody knows it, in what overall product. The military has the for all servicemembers, and require the we are paying for. It is not just individ- same problem of fuel costs. In 2001, we administration to provide the Amer- uals, but of course the whole Depart- spent $2 billion a year for fuel. This ican people with more transparency ment of Defense. And this goes to being year, it may go anywhere between $12 and accountability regarding the fund- able to purchase jet fuel. billion to $13 billion a year for fuel. ing of the war in Iraq and Afghanistan. That is why I am opposed to this And three-fourths of our oil reserves in When it comes down to it, maintain- rule. That amendment should indeed, this Nation are with countries that are ing a strong national defense and pro- Mr. Speaker, have been made in order. at least hostile or potentially hostile viding for our troops should never be a Mr. CARDOZA. Mr. Speaker, at this to this country. partisan issue. We can disagree regard- time I yield 1 minute to the gentleman Realizing that fact, the military has ing specific provisions and proposals on from Maryland, the distinguished ma- tried to make some provisions for the occasion, but the fact remains that the jority leader, Mr. HOYER. future. We have enough oil shale and American people want bipartisan solu- Mr. HOYER. I thank the gentleman coal in this country to provide for the tions from Republicans and Democrats. for yielding. needs of the military. There is 1 tril- That moves our Nation forward, and I rise in strong support of this rule. I lion barrels locked in my State. Dec- that is exactly what this rule and the suggest further, if we were all adults ades ago, the Department of Defense underlying defense authorization will on this floor, everybody would say this recognized this and established certain do. rule, outside of the ambit of what of those sections as part of the Naval In closing, Mr. Speaker, I would just amendments are made in order on the Oil Reserve, a reserve that is untapped like to urge my colleagues to resist the defense bill, is an appropriate rule. It is which we could go in today and use in temptation to point fingers and be par- an appropriate rule to respond to a defense of this country, except for sec- tisan on this issue with the farm bill. mistake that was made. tion 526 of the energy bill that was al- We need to work in a bipartisan way, As the gentleman from California ob- ready passed, which cuts the knees out because this is what is important to served earlier in debate, mistakes are from under the military and its efforts. America’s farmers, and very, very im- made. Unlike the previous instance One of the things I think they did not portant to America. By passing this some years ago, which were discussed realize when they passed this bill was rule and the defense authorization bill on this floor of the deficit reduction that coal—— today, we can prove to the American bill where the minority was not noti- The SPEAKER pro tempore. The people that bipartisanship still exists fied, the assertion the minority was time of the gentleman has expired. inside the walls of Congress. not notified was absolutely inaccurate,

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.015 H22MYPT1 jbell on PROD1PC69 with HOUSE May 22, 2008 CONGRESSIONAL RECORD — HOUSE H4463 and Mr. GOODLATTE would say that. In The Supreme Court says clearly, I know for the public, this is pretty point of fact what happened was Mr. therefore, that what the President sent esoteric, and they don’t really care. PETERSON learned of it, talked to Mr. us back and the veto overridden is in What they care is the substance. GOODLATTE about it, then discussed it fact what the court has found is the But the point that I’m trying to with me, and they decided jointly and law. Now, unfortunately, it doesn’t in- make is, we are trying to correct a bipartisanly to proceed. clude title III. We want to pass title mistake and serve the agricultural Unlike the Deficit Reduction Act, the III. community, serve those millions of first thing that Mr. PETERSON said in This bill took some 15 months, 18 people who are relying on the nutri- arguing for the override of the Presi- months of deliberation. The farm bill tional aid, serving those people who are dent’s veto was, there is a problem expires tonight or tomorrow, Friday. relying on the conservation assistance here. He wanted all the Members to So we can either do another extension, throughout this country, to have this know what the problem was. There was which is possible, or we can pass what bill, after 18 months almost of consid- not a Member on the floor who didn’t was overwhelmingly passed in the Sen- eration, serious bipartisan working and know what the problem was. ate, overwhelmingly passed in the overwhelming bipartisan votes in both When they voted, a majority of the House of Representatives, and, as I said Houses, enacted into law. minority party voted to override the on the floor last night, was passed in But we are also providing separately President’s veto because they believed exactly the same form without title III for the passage of title III. In other the policy proposed in that bill is a as was passed in both Houses. There words, we’re doing title III twice, once good one. The overwhelming majority were no changes. No alterations. That as the full bill so we can repass the full of Democrats voted for that bill, and was not the case in the deficit bill that bill. If the Senate decides, as I hope it 316 out of 435 of us—there weren’t 435 of was referred to by Mr. BOEHNER yester- will, to pass that again, then we will us; there were 11 absentees. So 316 out day. not only have passed fourteen-fif- of about 424 voted for this bill. teenths, we will have passed fifteen-fif- b 1115 This bill, unfortunately, included teenths in another bill, and they will fourteen-fifteenths of the bill we In fact, a very substantial difference be reconciled and they will be con- passed, and really a larger proportion was made in the bill without notice to sistent with the law and with the will of that because in terms of pages it was the Democrats, a $2 billion change, I of this body representing the American probably 95 percent, 98 percent of the might add, changing from 36 months to people. bill. 13 months the implications of the reim- Now at about 7 p.m. last night, those Now, a mistake was made. It was not bursement of Medicare for implements. of you who heard the colloquy, I indi- a venal mistake. It was not a conscious Now, that is all to say that this is cated to Mr. BOEHNER we ought to talk mistake. And the mistake was made, as not without precedent, number one. about this. I went by Mr. BOEHNER’s of- everybody ought to know, by the Clerk There are a number of cases that hold fice to explain to him what I thought of the Congress and OMB, and they that what we did yesterday was exactly both made the same mistake. And the the solution to this problem was and appropriate, and that law is not subject discuss it with him. He was not at his mistake they made was reading from to question. Everything is subject to the printed copy as opposed to the office. I left a message and my phone question, but not valid question or win- number at 7 o’clock last night. I have parchment copy. OMB didn’t read from ning question. the parchment copy, we didn’t read not yet received a response to that So what have we done? visit. from the parchment copy, because the First of all, I discussed it with the belief was a decision made 10 years ago I went to his office to suggest that, Parliamentarian. I had not done so pursuant to my representation on the by the Deputy Clerk not to proofread when we had the colloquy with Mr. the parchment because changing the floor, we discuss that. I have not yet BOEHNER. I then discussed it with the received a phone call. parchment was too expensive, but to chairman. The chairman discussed it read from the printed copy which then, I did talk to Mr. BLUNT last night. throughout the next few hours with if found in error, could be corrected I’ve talked to Mr. BLUNT this morning. Mr. GOODLATTE, Mr. CHAMBLISS, Mr. and reprinted and then programmed for I frankly am offended, I will tell you, HARKIN and others. the parchment to be printed from that. by the mischaracterization of what we I discussed it with Mr. REID to figure And both our side—our side, the Con- are doing here by the representatives out, a mistake has been made, how do gress—and the OMB made the same of the minority leader’s office. we correct that, in fairness to every- mistake. They assumed, as normally is There are no games being played body, on a bill, that, by the way, the the case, that the parchment reflected here. There was a mistake made. And if Deficit Reduction Act was passed by a exactly what the conference printed re- we were adults and nonpartisan and two-vote margin in the House, and in port said. wanted to deal with this in a respon- Unfortunately, in this instance it did the United States Senate was passed sible way, I suggest we would have not. We still don’t have a full expla- because of the Vice President’s vote. agreed on this proposal. nation of how that happened. But obvi- And we were not informed, so we were Now, unfortunately, we didn’t get to ously, notwithstanding the fact that somewhat concerned about the $2 bil- an agreement. I don’t allege that any- parchment indicates that title III in lion mistake that had been made. body on your side has agreed to this. the table of contents is included, when In this case, that is not the issue at But to suggest that it hasn’t been dis- you go to page 169, the end of title II, all, and it’s a bill that was, in a bipar- cussed, informed, and I called as soon and you turn the page to 170, you go to tisan basis, passed by a majority of the as I came in this morning, the leader- title IV. Now, one would have thought Republicans and overwhelming major- ship on your side, to explain exactly it would have been a pretty simple ity of Democrats. this procedure. proofreading job if you read the parch- So what solution did we come up Now you can disagree with the farm ment. Unfortunately, the print docu- with? Resending the bill that, under bill or not disagree with the farm bill. ment which was used by OMB and the the Supreme Court’s edict is, in fact, I understand that additional games are Congress to proof did in fact include law if it is overridden in the Senate, so going to be played, as it was my per- title III. that fourteen-fifteenths of what is the ception last week were played. On Okay. So we made a mistake. The ad- Congress’s intent will be accomplished. Thursday, 131 or 132 of you decided, ministration made a mistake, we made The rule then says, but in an abun- notwithstanding the fact that I am a mistake, the bill was not whole. dance of caution, we’ll also provide for sure you are for funding the troops in This is, my friends, not an unusual the passage of the entire bill and send Iraq, you voted ‘‘present.’’ That was situation. In an 1892 case, which was re- it over to the Senate, as has been your decision. lied upon in the budget case as well, passed overwhelmingly in both Houses. It’s my understanding now that per- the Court clearly said: Whatever the In addition to that, we said, the bill haps you’re being urged, some of you facts are internally to the House of does not include title III that is going who are for this bill, to deny the two- Representatives, what the President to be in the veto message that’s sent to thirds on the suspension of a bill that signs is the statute, is the law. the Senate. has gotten essentially three-quarters of

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.017 H22MYPT1 jbell on PROD1PC69 with HOUSE H4464 CONGRESSIONAL RECORD — HOUSE May 22, 2008 this House and 80 percent of the United were challenged over and over again on last 12 hours. And I would hope that we States Senate supporting it. anything that could potentially be a could proceed on that basis. Ladies and gentlemen, at some point way to challenge our integrity, our And I yield back some time. in time the American public expects us goodwill on the issue that you just Mr. BLUNT. Well, I thank my friend to act as adults, not simply as partisan brought up of the Deficit Reduction for yielding back. You know, it’s pos- protagonists, to conduct business, not- Act. sible, for instance, on dividing this bill withstanding the fact because we are Let me tell you the big difference in up, that I could have been for the farm humans, and those who work for us are that and this. The big difference in bill, which I was, at great criticism humans and are under great stress. that and this is that at least this Re- from my colleagues and some editorial They have to work around the clock. publican leader had no idea until we writers in the country. I was for the They work 15-hour days, sometimes were at the bill signing ceremony that farm bill 6 years ago. I live in a district longer days. And we expect them to act there was a problem because it all hap- where the farm bill matters. without ever making a mistake. That pened in the Senate. It’s very possible that I’m not all is unreasonable. And when they make I’m just saying what I knew, Mr. that excited about the soft wood lum- mistakes, and when we make mistakes, HOYER. I had no idea. My guess is that ber provision in title III. I would just it is appropriate for us respond in a nobody else did either or they wouldn’t suggest to my friend, I might vote way that will correct those mistakes have scheduled a bill signing ceremony against title III and be doing that be- and, at the same time, carry out the where 100 people were sitting in the cause I have real opportunities to do policies that are overwhelmingly sup- East Room waiting for 30 minutes be- that since we divided this up, which ported by this body. yond the time it was supposed to start was part of my case yesterday as to My friends on both sides of the aisle, because the White House was deciding why a partial bill sent to the President I would hope that we could do that. I how to deal with this particular prob- doesn’t mean that the entire House was regret that the minority leader has not lem. And they did decide how to deal in favor of the bill in its division rather called me back. I regret that he has not with it, and they may very well have than its totality. I hate to start down sat down and, with me, had the oppor- looked at the case that you looked at, that line where that happens. tunity to discuss this. I had a discus- the 1892 case, because the Court even- I would also say that I read from the sion with him before the vote last tually looked at that. The Parliamen- Clerk of the House today that somehow night. It was a very calm, reasonable tarian may have given advice at that this is a problem because of a Repub- discussion, Mr. Lawrence and I, outside time on that case. It may have been lican procedure, change in procedure 10 the middle door. We knew there was a the same advice you’re getting now. years ago. 10 years ago. And again, in- problem. We knew we had to solve it. I But the big difference in then and stead of the majority saying it’s a mis- think this does, in fact, solve it from now was that the President signed the take, which I’m willing to accept, the the standpoint of adopting the policy bill. And I don’t really know how the majority has to say, well, it’s really overwhelmingly supported by this Con- House would have started that process something foisted upon us by the Re- gress of assuring that title III is ad- again. It wasn’t something that back publicans a decade ago. dressed, and assuring us of the oppor- at the House that we had some options Amazingly, we dealt with those same tunity to make sure that it’s not sub- to deal with. procedures for a decade, and on our ject even to any lawsuit question by, That’s why I’m supportive of the op- side of the building, I’m not aware of again, passing the entire bill supported tion that would give the President the any problems created by that. Cer- by, as I said, over 75 percent of the bill we intended to give him. I’m not tainly the problem we’ve talked about Congress of the United States. supportive of sitting here all day and was a Senate side of the building prob- I understand there may be questions being told that that’s not an adult lem, and I think we all know that. But, about which amendment was allowed point of view. again, you know, looking back 10 in order to the defense bill and which Mr. HOYER. Will the gentleman years. wasn’t, so on that case, you may vote yield? Now, if you want to change the pro- differently on the rule. But on the ad- Mr. BLUNT. It’s your time, and if cedures, apparently Republicans dressing of the mistake that was inad- you’d give me back time, I’d yield to changed them 10 years ago, lived with vertently made, and I stress again, by you right now. those for 10 years or more. If you want the Congress and by the Office of Man- Mr. HOYER. I thank you. I hope I to change the procedures to have a agement and Budget, same mistake ap- didn’t imply that. What I said, what I greater protection of the process, I parently was made, that we can correct meant to say, if I misspoke, not that think that’s fine. this as adults treating one another in a the—we, first of all agree and, as I’ve But to have to reach back 10 years way that each of us would want to be said, we’re going to do what you sug- and say this was a mistake created by treated to act so that we adopt policies gest in an abundance of caution to as- the Republicans, there’s only so long that are supported by this Congress. sure us, ourselves, and I would hope that we can take blame for everything Mr. HOYER. I would be glad to yield that we would all, or least those who on anything that happens on the House to my friend, Mr. BLUNT, if he wants are for the farm bill would vote for it, floor. time. the entire bill will be put on suspen- This is a procedural problem. I’m not Mr. BLUNT. Well, I thank my friend sion. In light of the fact we had 75 per- sure it’s the first one. We haven’t real- for yielding. And certainly we do have cent of this House support that bill, ly sent that many bills to the White a disagreement here on how to move that would be more than enough to House that were either substantive or forward. I tend to agree with the idea pass it on suspension. We’re going to do controversial, in my view, in this Con- that the only way to rectify this and that in an abundance of caution. gress. But I’m not opposed to that. not have future court challenges is to In addition, we’re going to do title III But, you know, again, looking back send a bill to President that there’s no separately so the Senate can have that 10 years and saying this is really a question about. Let’s go through that option as well, so if on the veto over- problem the Republicans created a dec- process and get it done. ride they do fourteen-fifteenths of the ade ago does not move us toward act- I would say that the lecture on adult bill, they can do the one-fifteenth, that ing like adults on the floor of the behavior from my very good friend, the is, title III at the same time so they House. majority leader, and he and I both would contemporaneously move for- I hope we can solve this problem. I know we are good friends; we’re going ward. hope I can be part of that solution. to be friends when we leave here with When I refer to, and if I offended the Frankly, I don’t think dividing up the this discussion today, is I don’t know gentleman, adult behavior, this is not a bill is part of that solution, and I think that that’s very helpful. political problem. It is a procedural it subjects the whole process to court The standards of the House on trying problem that we need to cure, and cases. And you might win again on the to help people through mistakes did we’ve been working to cure it. You and 1892 case. not just begin yesterday. And I, person- I have had discussions about it, very But the difference in this and the last ally, the Republican leaders generally, positive discussions about it over the case, the most recent case, is that the

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K22MY7.018 H22MYPT1 jbell on PROD1PC69 with HOUSE May 22, 2008 CONGRESSIONAL RECORD — HOUSE H4465 House has the bill back under its con- to Republicans. That’s one Republican able items. In the past few years, literally thou- trol, as opposed to a bill signed by the amendment for every three Democratic sands of earmarks have frequently been President, exactly like the 1892 case amendments. But it’s a bipartisan bill? added in the dead of night, without any over- was, where the President signed the It’s kind of amazing for me to hear sight, without hearings, without transparency, bill and then the courts say, well, the Democrats who talk about the war and and without accountability. President signed a bill that the House talk about the need for Iraqis to start I signed a pledge this year not to seek ear- and Senate purported was the finally to cover their own expenses, and then marks until this process has been cleaned up, passed bill, and so it’s the law. they don’t allow an amendment that for which I have been attacked on all sides. Well, the President didn’t sign this says, when we train their security, we Nevertheless, I will not partake in a corrupt bill, and so we have a great oppor- pay. The Iraqis don’t have to pay the process. It must be reformed, and I for one tunity to do something to ensure that bill. In this legislation if we use our $1 am willing to lead that fight. It is a fight that we don’t spend all kinds of time and ef- billion that’s in the section provided will determine if our children have a better fort in court proving that a 1892 stand- the Iraqis don’t have to pay us back. standard of living than we do, or a worse ard would still be the case in 2008 or Our amendment would treat it as a standard of living. 2009. loan. This bill has made the process more difficult I thank the gentleman for yielding. This amendment is not being allowed to weed out the pork, instead of easier to I’m sure we’re going to have a vigorous on the floor today. Why not? Why not eliminate real abuse of taxpayers’ dollars. It debate today. have a debate about whether the Iraqis makes it difficult to regulate because it ex- Mr. HOYER. Reclaiming my time. I should have to pay for their own ex- pands the definition of an earmark to include thank the gentleman for his comments. penditures, for their own security, prudent, relevant changes within the normal I simply rise to say that this rule ac- when they have amassed over $40 bil- committee structure. I believe that the Chair- complishes exactly, in my opinion, lion in a separate fund that they’re not man is well intentioned, but we all know where what the minority whip wants to ac- spending, and they have over $15 billion the road of good intentions leads to . . . to complish. It provides for the full pas- in their checking account which con- ruin and destruction. The Chairman’s definition sage of this bill under suspension, tinues to grow each and every day. of an earmark is overly broad and misleading. which the gentleman was for when it Why wasn’t our amendment allowed? The Armed Services Committee is the appro- passed before, which I was for, and I There’s a simple reason. It would have priate committee to oversee and modify mili- will vote for. And that suspension ac- passed. tary programs and to make adjustments when complishes exactly that objective, so What a fraud to say you want Iraqis needed. Mr. FRANKS for example, offered an that any defect caused by the mistake to pay, and you won’t even allow an amendment in committee to restore $6 million will be cured. amendment to be offered on the floor of to the Joint Tactical Ground System Pre- Secondly, it’s not blame. I, frankly, the House that would require them to Planned Product Improvement effort and of- think the decision that was made 10 pay. fered an offset from a program that could not years ago was a rational decision. The Mr. Speaker, there is no reason not use it yet. The Commanding General of U.S. decision was not to use the parchment to have this debate. There is no reason Army Space Missile Defense Command/Army copy as a copy to mark on to correct. not to educate ourselves about the dol- Forces Strategic Command sent a letter call- There was no criticism there. It was lars that the Iraqis have that they’re ing attention to the risks caused by under- simply that’s when the decision was not spending. This is not a bipartisan funding this upgrade. The Armed Services made. I think it, frankly, was a good debate. This is a partisan debate. Committee is the appropriate place to address decision. this issue. The Committee exercised proper 1130 The problem was, neither OMB nor b oversight, and the amendment was offered ourselves used the parchment copy. We Anything to deal with Iraq, if you during the committee mark-up. Are we now used the printed copy. The printed have Republicans who wanted to be calling this an earmark? Can Members of the copy did, in fact, have title III in there. part of the solution, you say, No way. Armed Services Committee no longer exercise And obviously both the President and It’s just going to be our way or the oversight? Where else would we legislate, if it ourselves thought that the bill that highway. is not on the authorization bill? was signed was the full bill. It ended up I oppose this rule. It is a fraud to say We’ve cut our military into muscle and bone, not being so, so we’re going to correct it’s bipartisan. and yet we’re asking more now of them than that. I think we’re correcting it prop- Mr. CARDOZA. Mr. Speaker, I just ever. Threats to America are real and rapidly erly. want to commend the gentleman from growing. Countries like China, North Korea, I would urge all Members to vote for Maryland for giving us an incredibly Iran, and others could potentially challenge us, the rule, vote for the full bill, the farm articulate, accurate, and statesman- and yet we’re underfunding programs like mis- bill which, as I said, got over 75 percent like presentation. sile defense, we’re not replacing our aging air- of the House and over 80 percent the I continue to reserve the balance of craft as quickly as we should, and when Mem- Senate. Vote for title III so that, my time. bers of the Armed Services Committee offer frankly, that can be passed more Mr. HASTINGS of Washington. For amendments to strengthen our national secu- quickly by the Senate under its rules, the purpose of a unanimous consent, I rity, to strengthen our defense, now . . . for and the leader has already indicated he yield to the gentleman from Georgia the first time, we are treating amendments of- will move forward on that. (Mr. BROUN). fered in the normal committee mark-up proc- If you have a disagreement, you (Mr. BROUN of Georgia asked and ess as if they are pork projects for Members. won’t vote for that. I understand that. was given permission to revise and ex- Are badly needed aircraft and ships—that And I think we will, therefore, cure the tend his remarks.) have gone through the committee process— issue at hand. Mr. BROWN of Georgia. Mr. Speaker, Scrip- now to be treated in the same manner as pork I congratulate the Rules Committee ture states in Ephesians 5:6–7, ‘‘Let no one projects tucked into bills during the middle of for adopting this rule. I urge my col- deceive you with empty words, for because of the night? We’re diluting the entire meaning of leagues to vote for the rule, and if we these things the wrath of God comes upon the the word earmark . . . and we’re making this do so, we will adopt a farm bill that I sons of disobedience. Therefore, do not be broken earmarking process even worse. think will be good for the country. I partakers with them.’’ I would like to be able to offer an amend- think we will enact a farm bill which I want to talk about the truth. The fight ment today, that would give the President the will be unimpeachable in either aspect, against earmarks is a fight against abusing the authority to take some of these earmarks . . . and I think we will have done what the legislative process to fund non-constitutional, some that are not needed as badly as are life- American people expect us to do. Member pet projects—that usually lack any protecting and lifesaving equipment needed Mr. HASTINGS of Washington. Mr. federal purpose—with the American taxpayer’s immediately to save lives of our troops in Iraq Speaker, I yield 2 minutes to the gen- money. Not all earmarks are bad, but the . . . I would like to let the President use the tleman from Connecticut (Mr. SHAYS). process has become so corrupted that it has unnecessary earmarks for that purpose, but I Mr. SHAYS. It’s kind of a mouthful led to blatant abuse—bridges to nowhere, tea- can’t offer my amendment. I cannot offer my to hear this is a bipartisan bill when 42 pot museums, tropical rainforests, wine cen- amendment now for fear that it would poten- amendments go to Democrats and 14 go ters in California, and other highly question- tially strip vital equipment—F–22s, C–17s,

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K22MY7.020 H22MYPT1 jbell on PROD1PC69 with HOUSE H4466 CONGRESSIONAL RECORD — HOUSE May 22, 2008 LPDs, and other legitimate, reviewed, debated talked to the majority leader and it So if the gentleman would allow me items out of the bill that are now deemed ear- will be under discussion. unanimous consent for some more, I marks. I urge my colleagues to reconsider; I continue to reserve the balance of would do that. But I will leave it up to this is not the path to transparency and ac- my time. the gentleman. countability. Mr. HASTINGS of Washington. Mr. I am the last speaker under the reg- Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 2 min- ular time. Speaker, I reserve my time. utes to the gentleman from Arizona, a Mr. CARDOZA. Mr. Speaker, I cannot Mr. CARDOZA. Mr. Speaker, I con- member of the Armed Services Com- entertain a motion on unanimous con- tinue to reserve. mittee, Mr. FRANKS. sent to extend. We’ve been debating Mr. HASTINGS of Washington. Mr. Mr. FRANKS of Arizona. I thank the this for longer than the allotted period Speaker, I am pleased to yield 2 min- gentleman. Thank you, Mr. Chairman. of time already. utes to the gentleman from Arizona Mr. Speaker, as we have told our- I reserve my time. (Mr. FLAKE). selves time and time again, the first Mr. HASTINGS of Washington. Mr. Mr. FLAKE. I thank the gentleman purpose of this body is to help this gov- Speaker, I yield myself the balance of for yielding. ernment defend its citizens against ex- the time. Mr. Speaker, you know, we just ternal national security threats. I be- Mr. Speaker, I woke up today and heard the gentleman, the majority lieve that the most dangerous threat to heard on the news that oil is $137 a bar- leader, say the public expects us to act peace on the planet today is the danger rel on the worldwide market, and I as adults, not as partisan protagonists. of Iran gaining nuclear capabilities. think it’s time for the House to debate That, I certainly hope, is the case. And Yet the majority of this Congress has ideas. I know there are a number of let me draw attention not to the farm prevented us from even voting on a ideas in this House on lowering the bill portion of the rule but to the de- military contingency plan to prevent cost of gasoline specifically. fense authorization portion of this Iran from gaining this deadly capa- So I’m going to ask my colleagues to rule. bility. vote to defeat the previous question so As Members of this body know, over Mr. Speaker, the reality is that Iran that this House can finally consider so- the last couple of years I have brought is moving inexorably toward the capa- lutions to rising energy costs. When more than 100 amendments to the floor bility to have nuclear weapons. If they the previous question is defeated, I will to strike particular earmarks. Not gain those weapons, we will see pro- move to add a section to the rule, not once, not once on one bill did I target liferation across the world, and I am rewrite the entire rule. But that sec- convinced that terrorists will gain this just Democrat earmarks or Republican tion would say it shall be in order to deadly technology. If one such weapon earmarks. Earmarking is a bipartisan consider any amendment to the bill is detonated in the United States of problem. We have a former Member of which the proponent asserts, if en- America, it will change our concept of this body in jail today because we acted, would have the effect of low- freedom forever. didn’t do proper vetting and oversight ering the national average price per Mr. Speaker, there should be an op- gallon of regular unleaded gasoline. on earmarks that came through the portunity for this body to vote to make committee process or just through the Mr. Speaker, I ask unanimous con- it clear that if Iran continues to pursue sent to have the text of the amendment appropriations process and then sailed that, that the military option is on the through the floor. That same thing is and extraneous material inserted into table. There are only two reasons, in the RECORD prior to the previous ques- happening today. my judgment, ultimately that Iran will There are more than 500 earmarks in tion. not pursue this capability: that is a The SPEAKER pro tempore. Is there this bill. I’m told that Members of the military intervention, or the convic- minority party weren’t even given the objection to the request of the gen- tion on the part of Iranian leaders that tleman from Washington? list during the markup. So there was that will indeed take place if they do never any opportunity to challenge There was no objection. not desist from this effort to gain nu- Mr. HASTINGS of Washington. With those earmarks or to even find out clear capability. that, Mr. Speaker, I urge my col- what they are. Now we get the list, and Mr. Speaker, the highway of history leagues to defeat the previous question when I submit amendments to be of- is littered with the consequences of so we can now really have a dialogue fered to strike the particular ear- strategic ambiguity. And this is a dan- on the rising price of energy in this marks, I’m given one. I offered four: ger here today. We tell Iran that it is country. I believe it’s strongly the re- two Democrat earmarks, two Repub- our policy that they will not gain nu- sponsibility of the elected leaders of lican earmarks. And the only earmark clear capability, and yet we do nothing the people to take this issue up, and we amendment made in order was one to make it clear to them that the mili- will have this opportunity by defeating challenging one Republican earmark. tary option is on the table if they pro- the previous question. Now, we just heard that the public ceed. I yield back my time. expects us to act as adults, not as par- The best chance for us to prevent Mr. CARDOZA. Mr. Speaker, I will tisan protagonists. I spoke to the ma- Iran from gaining a nuclear capability let the numbers speak for themselves. jority leader this morning. I asked him and at once to prevent war with Iran is The bipartisan defense bill passed to please rectify this problem. I asked to make sure that they know that we through the committee by a vote of 61– him to please just make in order one of will not avoid the military option if it 0. Fifty-eight amendments were made the Democratic earmarks. He said he becomes necessary. It is the best hope in order in the spirit of maintaining would work at it. of doing both of those things, Mr. that bipartisan vote. The bipartisan- I know this isn’t the proper forum. Speaker. We must proceed to do every- ship that was exhibited on the farm bill We can’t ask for unanimous consent. thing in every way, diplomatically and and the farm bill vote was 318 ayes, and This is for debate only. But if we really otherwise, to prevent this, but we must 81 in the Senate voted ‘‘aye.’’ want to act as adults and not partisan not take the military option off the However you look at it, the facts re- protagonists, then we can’t treat this table. main that these overwhelmingly bipar- earmark debate as a Republican prob- Mr. CARDOZA. Mr. Speaker, I would tisan measures deserve and demand our lem or a Democrat problem. It’s our like to inquire from the gentleman strongest support. I encourage the problem. from Washington if he has any remain- House to vote in the affirmative. And I would urge a ‘‘no’’ vote on the ing speakers. I urge a ‘‘yes’’ vote on the rule and rule unless it’s corrected. Mr. HASTINGS of Washington. I on the previous question. Mr. CARDOZA. Mr. Speaker, in ref- have numerous people that would like The material previously referred to erence to the gentleman from Arizona, to speak, but I haven’t got the time for by Mr. HASTINGS of Washington is as I would certainly like to say he’s cer- that. If the gentleman would entertain follows: tainly been bipartisan in his offering of an extension of time on both sides, I AMENDMENT TO H. RES. 1218 OFFERED BY MR. striking of earmarks. He’s offered them would be more than happy to allow my HASTINGS OF WASHINGTON in the past on both sides, and I will ac- Members to speak. But I’m constrained At the end of the resolution. add the fol- knowledge that the gentleman has for time. lowing:

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SEC. 9. Notwithstanding any other provi- [a special rule reported from the Committee McCollum (MN) Price (NC) Space sion of this resolution or the operation of the on Rules] opens the resolution to amend- McDermott Rahall Speier previous question, it shall be in order to con- ment and further debate.’’ (Chapter 21, sec- McGovern Rangel Spratt sider any amendment to the bill which the tion 21.2) Section 21.3 continues: Upon rejec- McIntyre Renzi Stark McNerney Reyes Stupak proponent asserts, if enacted, would have the tion of the motion for the previous question McNulty Richardson Sutton effect of lowering the national average price on a resolution reported from the Committee Meek (FL) Rodriguez Tanner per gallon of regular unleaded gasoline. Such on Rules, control shifts to the Member lead- Meeks (NY) Ross Tauscher amendments shall he considered as read, ing the opposition to the previous question, Melancon Rothman Taylor shall be debatable for thirty minutes equally who may offer a proper amendment or mo- Michaud Roybal-Allard Thompson (CA) divided and controlled by the proponent and tion and who controls the time for debate Miller (NC) Ruppersberger Thompson (MS) an opponent, shall not be subject to amend- thereon.’’ Miller, George Ryan (OH) Tierney Mollohan Salazar Towns ment, and shall not be subject to a demand Clearly, the vote on the previous question Moore (KS) Sa´ nchez, Linda Tsongas for division of the question in the House or on a rule does have substantive policy impli- Moore (WI) T. Udall (CO) in the Committee of the Whole. All points of cations. It is one of the only available tools Moran (VA) Sanchez, Loretta Udall (NM) order against such amendments are waived for those who oppose the Democratic major- Murphy (CT) Sarbanes Van Hollen except those arising under clause 9 of rule ity’s agenda and allows those with alter- Murphy, Patrick Schakowsky Vela´ zquez XXI. For purposes of compliance with clause native views the opportunity to offer an al- Murtha Schiff Visclosky 9(a)(3) of rule XXI, a statement submitted for Nadler Schwartz Walz (MN) ternative plan. Napolitano Scott (GA) Wasserman printing in the Congressional Record by the Mr. CARDOZA. Mr. Speaker, I yield Neal (MA) Scott (VA) Schultz proponent of such amendment prior to its back the balance of my time, and I Oberstar Serrano Waters consideration shall have the same effect as a Obey Sestak Watson statement actually printed. move the previous question on the res- Olver Shea-Porter Watt olution. Ortiz Sherman Waxman (The information contained herein was The SPEAKER pro tempore. The Pallone Shuler Weiner provided by Democratic Minority on mul- Pascrell Sires Welch (VT) question is on ordering the previous Pastor Skelton Wilson (OH) tiple occasions throughout the 109th Con- question. Payne Slaughter Woolsey gress.) The question was taken; and the Perlmutter Smith (WA) Wu THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that Peterson (MN) Snyder Wynn IT REALLY MEANS Pomeroy Solis Yarmuth the ayes appeared to have it. This vote, the vote on whether to order the NAYS—192 previous question on a special rule, is not Mr. HASTINGS of Washington. Mr. merely a procedural vote. A vote against or- Speaker, on that I demand the yeas Aderholt Gallegly Murphy, Tim dering the previous question is a vote and nays. Akin Garrett (NJ) Musgrave Alexander Gerlach Myrick against the Democratic majority agenda and The yeas and nays were ordered. Bachmann Gilchrest a vote to allow the opposition, at least for Neugebauer Pursuant to clause 8 and clause 9 of Bachus Gingrey Nunes the moment, to offer an alternative plan. It rule XX, this 15-minute vote on order- Barrett (SC) Gohmert Pearce is a vote about what the House should be de- ing the previous question will be fol- Bartlett (MD) Goode Pence bating. Barton (TX) Goodlatte Peterson (PA) lowed by 5-minute votes on adopting Biggert Granger Mr. Clarence Cannon’s Precedents of the Petri Bilbray Graves House of Representatives, (VI, 308–311) de- House Resolution 1218, if ordered; and Pickering scribes the vote on the previous question on suspending the rules and adopting Bishop (UT) Hall (TX) Blackburn Hastings (WA) Pitts the rule as ‘‘a motion to direct or control the House Resolution 986. Blunt Hayes Platts consideration of the subject before the House The vote was taken by electronic de- Boehner Heller Poe being made by the Member in charge.’’ To vice, and there were—yeas 228, nays Bonner Hensarling Porter Price (GA) defeat the previous question is to give the 192, not voting 14, as follows: Bono Mack Herger opposition a chance to decide the subject be- Boozman Hobson Pryce (OH) fore the House. Cannon cites the Speaker’s [Roll No. 350] Boustany Hoekstra Putnam Brady (TX) Hulshof Radanovich ruling of January 13, 1920, to the effect that YEAS—228 Broun (GA) Hunter Ramstad ‘‘the refusal of the House to sustain the de- Abercrombie Costello Hill Brown (SC) Inglis (SC) Regula mand for the previous question passes the Ackerman Courtney Hinchey Brown-Waite, Issa Rehberg control of the resolution to the opposition’’ Allen Cramer Hirono Ginny Johnson (IL) Reichert in order to offer an amendment. On March Altmire Crowley Hodes Buchanan Johnson, Sam Reynolds 15, 1909, a member of the majority party of- Arcuri Cuellar Holden Burgess Jones (NC) Rogers (AL) fered a rule resolution. The House defeated Baca Cummings Holt Burton (IN) Jordan Rogers (KY) Baird Davis (AL) Honda Buyer Keller the previous question and a member of the Rogers (MI) Baldwin Davis (CA) Hooley Calvert King (IA) Rohrabacher opposition rose to a parliamentary inquiry, Barrow Davis (IL) Hoyer Camp (MI) King (NY) Ros-Lehtinen asking who was entitled to recognition. Bean Davis, Lincoln Inslee Campbell (CA) Kingston Speaker Joseph G. Cannon (R–Illinois) said: Becerra DeFazio Israel Cannon Kirk Roskam ‘‘The previous question having been refused, Berkley DeGette Jackson (IL) Cantor Kline (MN) Royce the gentleman from New York, Mr. Fitz- Berman Delahunt Jackson-Lee Capito Knollenberg Ryan (WI) Berry DeLauro (TX) Castle Kuhl (NY) Sali gerald, who had asked the gentleman to Saxton yield to him for an amendment, is entitled to Bilirakis Dicks Jefferson Chabot LaHood Bishop (GA) Dingell Johnson (GA) Coble Lamborn Scalise the first recognition.’’ Bishop (NY) Doggett Johnson, E. B. Cole (OK) Latham Schmidt Because the vote today may look bad for Blumenauer Donnelly Jones (OH) Conaway LaTourette Sensenbrenner the Democratic majority they will say ‘‘the Boren Doyle Kagen Cubin Latta Sessions vote on the previous question is simply a Boswell Edwards Kanjorski Culberson Lewis (CA) Shadegg vote on whether to proceed to an immediate Boucher Ellison Kaptur Davis (KY) Lewis (KY) Shays vote on adopting the resolution . . . [and] Boyd (FL) Ellsworth Kildee Davis, David Linder Shimkus has no substantive legislative or policy im- Boyda (KS) Emanuel Kilpatrick Davis, Tom LoBiondo Shuster Brady (PA) Engel Klein (FL) Deal (GA) Lucas Simpson plications whatsoever.’’ But that is not what Braley (IA) Eshoo Kucinich Dent Lungren, Daniel they have always said. Listen to the defini- Smith (NE) Brown, Corrine Etheridge Lampson Diaz-Balart, L. E. Smith (NJ) tion of the previous question used in the Butterfield Farr Langevin Diaz-Balart, M. Mack Smith (TX) Floor Procedures Manual published by the Capps Fattah Larsen (WA) Doolittle Manzullo Souder Rules Committee in the 109th Congress, Capuano Filner Larson (CT) Drake Marchant Stearns Cardoza Foster Lee Dreier McCarthy (CA) (page 56). Here’s how the Rules Committee Sullivan Carnahan Frank (MA) Levin Duncan McCaul (TX) described the rule using information form Tancredo Carney Giffords Lewis (GA) Ehlers McCotter Terry Congressional Quarterly’s ‘‘American Con- Carson Gonzalez Lipinski Emerson McCrery Thornberry gressional Dictionary’’: ‘‘If the previous Cazayoux Gordon Loebsack English (PA) McHenry question is defeated, control of debate shifts Chandler Green, Al Lofgren, Zoe Everett McHugh Tiahrt to the leading opposition member (usually Childers Green, Gene Lowey Fallin McKeon Tiberi the minority Floor Manager) who then man- Clarke Grijalva Lynch Feeney McMorris Turner Upton ages an hour of debate and may offer a ger- Clay Gutierrez Mahoney (FL) Ferguson Rodgers Walberg mane amendment to the pending business.’’ Cleaver Hall (NY) Maloney (NY) Flake Mica Clyburn Hare Markey Forbes Miller (FL) Walsh (NY) Deschler’s Procedure in the U.S. House of Cohen Harman Marshall Fortenberry Miller (MI) Wamp Representatives, the subchapter titled Conyers Hastings (FL) Matheson Foxx Miller, Gary Weldon (FL) ‘‘Amending Special Rules’’ states: ‘‘a refusal Cooper Herseth Sandlin Matsui Franks (AZ) Mitchell Weller to order the previous question on such a rule Costa Higgins McCarthy (NY) Frelinghuysen Moran (KS) Westmoreland

VerDate Aug 31 2005 07:16 May 23, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A22MY7.012 H22MYPT1 jbell on PROD1PC69 with HOUSE H4468 CONGRESSIONAL RECORD — HOUSE May 22, 2008 Whitfield (KY) Wilson (SC) Wolf Moran (VA) Ryan (OH) Tauscher NOT VOTING—14 Wilson (NM) Wittman (VA) Young (FL) Murphy (CT) Salazar Taylor Andrews Fossella Rush Murphy, Patrick Sa´ nchez, Linda Thompson (CA) NOT VOTING—14 Blumenauer Gillibrand Walden (OR) Murtha T. Thompson (MS) Carter Hinojosa Wexler Andrews Gillibrand Rush Nadler Sanchez, Loretta Tierney Castor Kennedy Carter Hinojosa Young (AK) Walden (OR) Napolitano Sarbanes Towns Crenshaw Paul Castor Kennedy Wexler Neal (MA) Schakowsky Tsongas Crenshaw Kind Young (AK) Oberstar Schiff Udall (CO) b 1218 Fossella Paul Obey Schwartz Udall (NM) So the resolution was agreed to. Olver Scott (GA) Van Hollen The result of the vote was announced b 1209 Ortiz Scott (VA) Vela´ zquez Pallone Serrano Visclosky as above recorded. Messrs. MCKEON and TURNER Pascrell Sestak Walz (MN) A motion to reconsider was laid on changed their vote from ‘‘yea’’ to Pastor Shea-Porter Wasserman the table. ‘‘nay.’’ Payne Sherman Schultz Stated against: Perlmutter Shuler Waters Mr. CARTER. Mr. Speaker, on rollcall No. So the previous question was ordered. Peterson (MN) Sires Watson The result of the vote was announced Pomeroy Skelton Watt 351, On Agreeing to the Resolution H. Res. as above recorded. Price (NC) Slaughter Waxman 1218, Providing for consideration of H.R. Stated against: Rahall Smith (WA) Weiner 5658, the Department of Defense Authoriza- Mr. CARTER. Mr. Speaker, on rollcall No. Rangel Snyder Welch (VT) tion, 2009, I as unavoidably absent due to a Reyes Solis Wilson (OH) family medical emergency. Had I been 350, On Ordering the Previous Question, Pro- Richardson Space Woolsey viding for consideration of H.R. 5658, the De- Rodriguez Speier Wu present, I would have voted ‘‘nay.’’ partment of Defense Authorization, 2009, I Ross Spratt Wynn f was unavoidably absent due to a family med- Rothman Stupak Yarmuth Roybal-Allard Sutton PERSONAL EXPLANATION ical emergency. Had I been present, I would Ruppersberger Tanner have voted ‘‘nay.’’ Mr. HINOJOSA. Mr. Speaker, on rollcall The SPEAKER pro tempore. The NAYS—197 Nos. 350 and 351, had I been present, I would question is on the resolution. have voted ‘‘yea’’ on No. 350 and ‘‘yea’’ on Aderholt Gerlach Neugebauer No. 351. The question was taken; and the Akin Gilchrest Nunes Speaker pro tempore announced that Alexander Gingrey Pearce f the ayes appeared to have it. Bachmann Gohmert Pence Bachus Goode Peterson (PA) RAISING A QUESTION OF THE Mr. HASTINGS of Washington. Mr. Barrett (SC) Goodlatte Petri PRIVILEGES OF THE HOUSE Speaker, on that I demand the yeas Bartlett (MD) Granger Pickering Mr. BOEHNER. Mr. Speaker, I have a and nays. Barton (TX) Graves Pitts privileged resolution at the desk and The yeas and nays were ordered. Biggert Hall (TX) Platts Bilbray Hastings (WA) ask for its immediate consideration. The SPEAKER pro tempore. This Poe Bilirakis Hayes Porter The SPEAKER pro tempore (Mr. will be a 5-minute vote. Bishop (UT) Heller Price (GA) SERRANO). The Clerk will report the The vote was taken by electronic de- Blackburn Hensarling Pryce (OH) resolution. vice, and there were—yeas 223, nays Blunt Herger Putnam The Clerk read the resolution, as fol- 197, not voting 14, as follows: Boehner Hobson Radanovich Bonner Hoekstra Ramstad lows: [Roll No. 351] Bono Mack Hulshof Regula H. RES. 1221 YEAS—223 Boozman Hunter Rehberg Whereas the Democratic Leadership has Boustany Inglis (SC) Reichert Abercrombie Davis (AL) Israel engaged in a continuing pattern of with- Brady (TX) Issa Renzi Ackerman Davis (CA) Jackson (IL) holding accurate information vital for Mem- Broun (GA) Johnson (IL) Reynolds Allen Davis (IL) Jackson-Lee Brown (SC) Johnson, Sam bers of the House of Representatives to have Altmire Davis, Lincoln Rogers (AL) (TX) Brown-Waite, Jones (NC) before voting on legislation; Arcuri DeFazio Jefferson Rogers (KY) Ginny Jordan Whereas the conference report on H.R. Baca DeGette Johnson (GA) Rogers (MI) Buchanan Keller 2419, which was adopted by the House on May Baird Delahunt Johnson, E. B. Rohrabacher Burgess King (IA) 14, 2008, and the Senate on May 15, 2008, con- Baldwin DeLauro Jones (OH) Ros-Lehtinen Burton (IN) Barrow Dicks Kagen King (NY) Roskam tained title III, relating to trade, which con- Buyer Bean Dingell Kanjorski Kingston Royce tained sections 3001 through 3301; Calvert Becerra Doggett Kaptur Kirk Ryan (WI) Whereas the Speaker and the Clerk cer- Camp (MI) Berkley Donnelly Kildee Kline (MN) Sali tified that the enrolled copy of H.R. 2419 Campbell (CA) Berman Doyle Kilpatrick Knollenberg Saxton transmitted to the President was a true and Cannon Kucinich Berry Edwards Kind Scalise accurate reflection of the actions taken by Cantor Kuhl (NY) Bishop (GA) Ellison Klein (FL) Schmidt the House and Senate; Capito LaHood Bishop (NY) Ellsworth Langevin Sensenbrenner Whereas the enrolled copy certified by the Boren Emanuel Castle Lamborn Larsen (WA) Sessions Boswell Engel Larson (CT) Chabot Lampson Speaker and the Clerk and presented to the Shadegg Boucher Eshoo Lee Coble Latham President failed to include title III and sec- Shays Boyd (FL) Etheridge Levin Cole (OK) LaTourette tions 3001 through 3301 and was not an accu- Shimkus Boyda (KS) Farr Lewis (GA) Conaway Latta rate or complete document; Shuster Brady (PA) Fattah Lipinski Cubin Lewis (CA) Whereas the President vetoed and returned Simpson Braley (IA) Filner Loebsack Culberson Lewis (KY) to the House said certified copy; Smith (NE) Brown, Corrine Foster Lofgren, Zoe Davis (KY) Linder Whereas before laying the President’s mes- Smith (NJ) Butterfield Frank (MA) Lowey Davis, David LoBiondo sage before the House, the Speaker and the Smith (TX) Capps Giffords Lynch Davis, Tom Lucas Souder Democratic Leadership were informed by the Capuano Gonzalez Mahoney (FL) Deal (GA) Lungren, Daniel Cardoza Gordon Maloney (NY) Stark Office of the Law Revision Counsel and the Dent E. Committee on Agriculture that said certified Carnahan Green, Al Markey Diaz-Balart, L. Mack Stearns Carney Green, Gene Marshall copy was erroneous and not an accurate or Diaz-Balart, M. Manzullo Sullivan Carson Grijalva Matheson Doolittle Marchant Tancredo complete document; Cazayoux Gutierrez Matsui Drake McCarthy (CA) Terry Whereas on May 21, 2008, the Democratic Chandler Hall (NY) McCarthy (NY) Thornberry Leadership deliberately chose to ignore that Childers Hare McCollum (MN) Dreier McCaul (TX) Duncan McCotter Tiahrt notification and instead allowed the House Clarke Harman McDermott Tiberi Clay Hastings (FL) McGovern Ehlers McCrery to vote on an incorrect version of this legis- Turner Cleaver Herseth Sandlin McIntyre Emerson McHenry lation; Upton 2 Clyburn Higgins McNerney English (PA) McHugh Whereas a veto override requires ⁄3 of the Walberg Cohen Hill McNulty Everett McKeon House to vote in the affirmative, and knowl- Conyers Hinchey Meek (FL) Fallin McMorris Walsh (NY) edge of this mistake may have influenced Cooper Hirono Meeks (NY) Feeney Rodgers Wamp each Member’s decision and therefore Weldon (FL) Costa Hodes Melancon Ferguson Mica changed the outcome of this vote, which is Flake Miller (FL) Weller Costello Holden Michaud why the Democratic Leadership chose not to Courtney Holt Miller (NC) Forbes Miller (MI) Westmoreland Cramer Honda Miller, George Fortenberry Miller, Gary Whitfield (KY) pursue a correction of this legislation; Crowley Hooley Mollohan Foxx Mitchell Wilson (NM) Whereas the effect of these actions raises Cuellar Hoyer Moore (KS) Franks (AZ) Moran (KS) Wilson (SC) serious constitutional questions and jeopard- Cummings Inslee Moore (WI) Frelinghuysen Murphy, Tim Wittman (VA) izes the legal status of this legislation; Gallegly Musgrave Wolf Garrett (NJ) Myrick Young (FL)

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