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Congressional Record—House H7090 H7090 CONGRESSIONAL RECORD — HOUSE October 26, 2011 Senate amendment to H.R. 2608 (H. Res. scribes the vote on the previous question on ceedings on this question will be post- 405)—CR I11Senate amendment to H.R. 2608 the rule as ‘‘a motion to direct or control the poned. (H. Res. 412)—CR consideration of the subject before the House being made by the Member in charge.’’ To f H.R. 658 (H. Res. 189)—FAA reauthoriza- defeat the previous question is to give the SOUTHEAST ARIZONA LAND EX- tion opposition a chance to decide the subject be- CHANGE AND CONSERVATION H.R. 754 (H. Res. 264)—Intel Authorization fore the House. Cannon cites the Speaker’s ACT OF 2011 H.R. 1892 (H. Res. 392)—Intel Authorization ruling of January 13, 1920, to the effect that Vote no on the previous question, reject this ‘‘the refusal of the House to sustain the de- Mr. HASTINGS of Washington. Mr. rule, and reject the pay-for that violates the mand for the previous question passes the Speaker, I ask unanimous consent that control of the resolution to the opposition’’ Budget Act and cuts healthcare for low-income all Members may have 5 legislative in order to offer an amendment. On March days in which to revise and extend families. 15, 1909, a member of the majority party of- The material previously referred to fered a rule resolution. The House defeated their remarks and include extraneous by Mr. HASTINGS of Florida is as fol- the previous question and a member of the material on H.R. 1904. lows: opposition rose to a parliamentary inquiry, The SPEAKER pro tempore (Mr. SCOTT of South Carolina). Is there ob- AN AMENDMENT TO H. RES. 448 OFFERED BY asking who was entitled to recognition. MR. HASTINGS OF FLORIDA Speaker Joseph G. Cannon (R–Illinois) said: jection to the request of the gentleman ‘‘The previous question having been refused, (1) In the first section of the resolution, from Washington? the gentleman from New York, Mr. Fitz- There was no objection. strike ‘‘the previous question’’ and all that gerald, who had asked the gentleman to follows and insert the following: The SPEAKER pro tempore. Pursu- yield to him for an amendment, is entitled to ant to House Resolution 444 and rule The previous question shall be considered the first recognition.’’ as ordered on the bill and on any amendment Because the vote today may look bad for XVIII, the Chair declares the House in thereto to final passage without intervening the Republican majority they will say ‘‘the the Committee of the Whole House on motion except: (1) one hour of debate equally vote on the previous question is simply a the state of the Union for the consider- divided and controlled by the chair and rank- vote on whether to proceed to an immediate ation of the bill, H.R. 1904. ing minority member of the Committee on vote on adopting the resolution . [and] Ways and Means; (2) the amendment printed has no substantive legislative or policy im- b 1321 in section 4, if offered by Representative plications whatsoever.’’ But that is not what IN THE COMMITTEE OF THE WHOLE Levin of Michigan, or Representative Bishop they have always said. Listen to the Repub- Accordingly, the House resolved of New York, or Representative Keating of lican Leadership Manual on the Legislative itself into the Committee of the Whole Massachusetts, which shall be in order with- Process in the United States House of Rep- House on the state of the Union for the out intervention of any point of order, shall resentatives, (6th edition, page 135). Here’s be considered as read, and shall be separately how the Republicans describe the previous consideration of the bill (H.R. 1904) to debatable for 30 minutes equally divided and question vote in their own manual: ‘‘Al- facilitate the efficient extraction of controlled by the proponent and an oppo- though it is generally not possible to amend mineral resources in southeast Arizona nent; and (3) one motion to recommit with or the rule because the majority Member con- by authorizing and directing an ex- without instructions. trolling the time will not yield for the pur- change of Federal and non-Federal (2) At the end of the resolution, add the pose of offering an amendment, the same re- land, and for other purposes, with Mr. following: sult may be achieved by voting down the pre- MURPHY of Pennsylvania in the chair. SEC. 4. The amendment referred to in the vious question on the rule. When the The Clerk read the title of the bill. first section of this resolution is as follows: motion for the previous question is defeated, Strike all after the enacting clause and in- control of the time passes to the Member The CHAIR. Pursuant to the rule, the sert the following: who led the opposition to ordering the pre- bill is considered read the first time. The gentleman from Washington (Mr. SECTION 1. REPEAL OF IMPOSITION OF 3 PER- vious question. That Member, because he CENT WITHHOLDING ON CERTAIN then controls the time, may offer an amend- HASTINGS) and the gentleman from Ari- PAYMENTS MADE TO VENDORS BY ment to the rule, or yield for the purpose of zona (Mr. GRIJALVA) each will control GOVERNMENT ENTITIES. amendment.’’ 30 minutes. (a) IN GENERAL.—Section 3402 of the Inter- In Deschler’s Procedure in the U.S. House The Chair recognizes the gentleman nal Revenue Code of 1986 is amended by of Representatives, the subchapter titled from Washington. striking subsection (t). ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. HASTINGS of Washington. I (b) EFFECTIVE DATE.—The amendment to order the previous question on such a rule made by this section shall apply to payments [a special rule reported from the Committee yield myself such time as I may con- made after December 31, 2011. on Rules] opens the resolution to amend- sume. Mr. Chairman, our Nation has suf- SEC. 2. DEDUCTION FOR INCOME ATTRIBUTABLE ment and further debate.’’ (Chapter 21, sec- TO DOMESTIC PRODUCTION ACTIVI- tion 21.2) Section 21.3 continues: ‘‘Upon re- fered through 32 consecutive months of TIES NOT ALLOWED WITH RESPECT jection of the motion for the previous ques- over 8 percent unemployment, and peo- TO OIL AND GAS ACTIVITIES OF tion on a resolution reported from the Com- ple everywhere across our great Nation MAJOR INTEGRATED OIL COMPA- mittee on Rules, control shifts to the Mem- continue to ask, where are the jobs? NIES. ber leading the opposition to the previous (a) IN GENERAL.—Subparagraph (A) of sec- question, who may offer a proper amendment Congress’ top priority right now is job tion 199(d)(9) of the Internal Revenue Code of or motion and who controls the time for de- creation, and today we have an oppor- 1986 is amended by inserting ‘‘(9 percent in bate thereon.’’ tunity to act on that commitment by the case of any major integrated oil com- Clearly, the vote on the previous question passing a bill that would put thousands pany (as defined in section 167(h)(5)))’’ after on a rule does have substantive policy impli- of Americans to work. ‘‘3 percent’’. cations. It is one of the only available tools The Southeast Arizona Land Ex- (b) EFFECTIVE DATE.—The amendment for those who oppose the Republican major- change and Conservation Act, spon- made by subsection (a) shall apply to taxable ity’s agenda and allows those with alter- sored by our colleague from Arizona years beginning after the date of the enact- native views the opportunity to offer an al- ment of this Act. ternative plan. (Mr. GOSAR), is a commonsense meas- (The information contained herein was Mr. SCOTT of South Carolina. Mr. ure that will create new American jobs provided by the Republican Minority on mul- Speaker, I yield back the balance of and strengthen our economy through tiple occasions throughout the 110th and my time, and I move the previous ques- increased U.S. mineral production. 111th Congresses.) The bill authorizes an equal-value tion on the resolution. THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The land exchange between Resolution Cop- IT REALLY MEANS question is on ordering the previous per, the Federal Government, the State This vote, the vote on whether to order the question. of Arizona and the town of Superior, previous question on a special rule, is not The question was taken; and the Arizona, that will open up the third- merely a procedural vote. A vote against or- Speaker pro tempore announced that largest undeveloped copper resource in dering the previous question is a vote the ayes appeared to have it. the world. The bill requires the cost of against the Republican majority agenda and the land exchange to be fully paid for a vote to allow the opposition, at least for Mr. HASTINGS of Florida. Mr. the moment, to offer an alternative plan. It Speaker, on that I demand the yeas by the mine developer, ensuring fair is a vote about what the House should be de- and nays. treatment for taxpayers and for the bating. The yeas and nays were ordered. government. Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- This project will provide substantial House of Representatives (VI, 308–311), de- ant to clause 8 of rule XX, further pro- benefits to the United States in the VerDate Mar 15 2010 02:01 Oct 27, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\A26OC7.027 H26OCPT1 tjames on DSK6SPTVN1PROD with HOUSE October 26, 2011 CONGRESSIONAL RECORD — HOUSE H7091 form of job creation, economic growth, al consultation prior to constructing Mountain Apache, Yavapai-Apache, and increased national security.
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