<<

4 —HOUSE, Vol. 155, Pt. 1 January 6, 2009

Olson Rooney Stearns Mrs. TAUSCHER President-elect Obama’s calls for in- Paul Ros-Lehtinen Sullivan Mrs. CAPPS Paulsen Roskam Terry clusiveness are already being put to Pence Royce Thompson (PA) Mrs. BONO MACK the test. He’s called on Congress to Petri Ryan (WI) Thornberry Ms. LEE move quickly and in a bipartisan fash- Pitts Scalise Tiahrt Mr. GARY G. MILLER ion on legislation to help our economy. Platts Schmidt Tiberi Mrs. NAPOLITANO Poe (TX) Schock Turner And at this time of economic anxiety, Posey Sensenbrenner Upton Mr. THOMPSON the American people deserve open de- Price (GA) Sessions Walden Mr. BACA bate and transparency in their Con- Putnam Shadegg Wamp Ms. HARMAN gress—a key ingredient needed to Radanovich Shimkus Westmoreland Mrs. DAVIS Rehberg Shuster Whitfield produce good legislation. And my hope Mr. HONDA Reichert Simpson Wilson (SC) is we will adopt a Rules package for Mr. ISSA Roe (TN) Smith (NE) Wittman the new Congress that encourages Rogers (AL) Smith (NJ) Wolf Mr. SCHIFF transparency and debate and helps en- Rogers (KY) Smith (TX) Young (AK) Ms. SOLIS Rohrabacher Souder Young (FL) sure our institution is accountable to Ms. WATSON NOT VOTING—5 Mr. CARDOZA the people it serves. Boehner Hastings (WA) Rogers (MI) Mr. NUNES Our Nation has faced adversity be- Gutierrez Miller, Gary Ms. LINDA T. SA´ NCHEZ fore, and we have never failed to meet the challenge. This is because America b 1350 Mr. DANIEL E. LUNGREN Mr. COSTA is a land of limitless potential, and The CLERK. The tellers agree in Ms. MATSUI when we harness the will of the Amer- their tallies that the total number of Mr. CAMPBELL ican people, commit ourselves to mak- votes cast is 429, of which the Honor- Mr. BILBRAY ing the most of the blessings God has able of the State of Cali- Mr. MCCARTHY bestowed on this great country, and fornia has received 255 votes, and the Mr. MCNERNEY bring all of these gifts to bear on a Honorable JOHN A. BOEHNER of the Ms. RICHARDSON common goal, there is no obstacle that State of has received 174 votes. Ms. SPEIER we cannot overcome. Therefore, the Honorable NANCY Mr. HUNTER, and America’s potential is unlimited, but PELOSI of the State of California, hav- Mr. MCCLINTOCK government’s potential is not. And we ing received a majority of the votes The committee will retire from the must not confuse the two. cast, is duly elected Speaker of the Chamber to escort the Speaker-elect to We can’t simply spend our way back House of Representatives for the 111th the chair. to prosperity. Our responsibilities as Congress. The Majority elected leaders in a flagging economy The Clerk appoints the following announced the Speaker-elect of the is to craft policies that allow our coun- committee to escort the Speaker-elect House of Representatives of the 111th try’s potential to be unleashed. Amer- to the chair: Congress, who was escorted to the ica runs on freedom. It’s the fuel of our The gentleman from Ohio (Mr. chair by the Committee of Escort. economy, and it is the fuel of our de- BOEHNER) Mr. BOEHNER. Madam Speaker, mocracy. The more we spend and the The gentleman from Maryland (Mr. Leader HOYER, fellow Members, and a more we tax, the less freedom we will HOYER) special welcome to our new Members have left. and their and friends who are The gentleman from South Carolina So we need to take responsible action here today. (Mr. CLYBURN) together to help put our economy back We begin this new Congress at a The gentleman from Virginia (Mr. on a path toward prosperity. The great time of challenge for the Amer- CANTOR) months ahead can be a time of hope ican people. This winter, working fami- The gentleman from Connecticut and renewal in America. The American lies are struggling to pay their bills (Mr. LARSON) people are giving their best. Here in The gentleman from Indiana (Mr. and keep their homes; small businesses Congress, we need to do the same. PENCE) are being forced to choose between cut- Madam Speaker, as we start the new The gentleman from California (Mr. ting jobs and closing their doors; Congress, we stand ready to work with BECERRA) health costs are rising; college savings you and your fellow Democrats for gen- The gentleman from Michigan (Mr. funds and 401(k)s have declined in value uine solutions, for real reforms that MCCOTTER) substantially; parents are deeply wor- put the needs of our country first and And the Members of the California ried about their children’s future. bring the blessings of liberty fully to delegation: I think it’s a time of anxiety for mil- bear on the challenges the American Mr. STARK lions of Americans, some of whom face people face. Mr. GEORGE MILLER economic challenges not seen in this Mr. WAXMAN country for generations. When things In that spirit, it is my privilege to Mr. LEWIS are at their worst for the American present to you the gavel of the 111th Mr. DREIER people, we owe them our best. This Congress. Mr. BERMAN Congress must rise to the occasion. Ms. PELOSI. Thank you very much, Mr. GALLEGLY Two weeks from today, we will inau- Leader BOEHNER. Mr. HERGER gurate a new President. President-elect Together, we welcome the many new Mr. ROHRABACHER Obama has expressed a desire to govern Members of Congress who today join Ms. WATERS from the center and put the needs of the House of Representatives of the Mr. CALVERT our country first. I think all of you of America. Congratula- Ms. ESHOO know Washington is a difficult town, tions to all of our new Members and to Mr. FILNER and it won’t always be easy for him to our re-elected Members. Mr. MCKEON do these things. But when our new Your constituents have placed great Ms. ROYBAL-ALLARD President extends his hand across the trust in you. Your families have given Mr. ROYCE aisle to do what is right for our coun- you the love and support to make your Ms. WOOLSEY try, Republicans will extend ours in re- leadership possible. Let us join to- Mr. FARR turn. gether now and salute the families of Ms. ZOE LOFGREN During the 111th Congress, Repub- the 111th Congress. Mr. RADANOVICH licans will strive not to be the party of I also want to thank my own : Mr. SHERMAN opposition, but the party of better so- my husband of 45 years, Paul Pelosi; Ms. LORETTA SANCHEZ lutions. and our children, Nancy Corinne,

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 5 Christine, Jacqueline, Paul, and Alex- businesses, their retirement savings, more than 200 years ago, ‘‘a rising not andra; and our grandchildren, Alex- their homes that are facing fore- a setting sun.’’ ander and Madeleine, Liam, Sean, closure, cannot wait any longer for us Today, Cardinal McCarrick honored Ryan, Paulie, and Thomas. to move from the depths of a recession us by asking God’s blessing on our And I also want to acknowledge my to the solid ground of an honest and work. May God bless our work, and brother, Thomas D’Alesandro, the fair prosperity for the many, not just may God continue to bless America. former mayor of Baltimore. the few. Thank you all. I wish to express my appreciation of We need action, and we need action I am now ready to take the oath of the people of San Francisco for grant- now. office as Speaker. Before I call the ing me the privilege of representing Families and children without health Dean of the Congress forward, I want to them and serving them in Congress. care, and millions more who fear losing invite my grandchildren and any other And I thank my caucus. Thank you, coverage or who are facing rising costs, children in the Congress—they’ve Mr. HOYER, Mr. CLYBURN; thank you, cannot afford to wait any longer. asked me can we come up again this Mr. LARSON, for your nomination this We need action, and we need action year. They certainly can. morning. Thank you to the Members of now. Now, it is my privilege to ask the the caucus for granting me the historic States facing financial crises, which Dean of the House of Representatives, opportunity of breaking the marble are threatening the education and the the Honorable of Michi- ceiling and to serve, once again, as the health of our children, the well-being gan, to administer the oath of office. first woman Speaker of the House. of our seniors, and the public safety of Mr. DINGELL then administered the Leader BOEHNER, thank you for your our communities, cannot afford to wait oath of office to Ms. PELOSI of Cali- generous words and for your commit- any longer. fornia, as follows: ment to put country ahead of party. We need action, and we need action Do you solemnly swear that you will Without reservation, let us stand to- now. support and defend the Constitution of gether, not just today, but in the days Our country is challenged by the cli- the United States against all enemies, ahead to live up to that resolve. foreign and domestic; that you will Few Congresses and few Presidents in mate crisis, by the need for energy se- curity, and the need for 21st-century bear true faith and allegiance to the history have been given the responsi- same; that you take this obligation bility and the privilege of serving the infrastructure. On all of these issues and many more, we cannot afford to freely, without any mental reservation Nation in a time of such profound chal- or purpose of evasion; and that you will lenge. We do so renewed and refreshed wait. Our Nation needs action, and we need well and faithfully discharge the duties by the new Members who join our of the office on which you are about to ranks today. Again, welcome to our action now. America’s crises at home are enter, so help you God. new Members. (Applause, the Members rising.) matched by conflicts abroad—a ter- It is in that spirit that I pledge to Mr. DINGELL. Congratulations, rorist threat that could strike there or you—let us all pledge to the American Madam Speaker. people that we will look forward, not here. We cannot afford to wait to renew The SPEAKER. I want to thank the backward; we will join hands, not point our alliances, our leadership, and our children for joining me at the podium fingers; we will rise to the challenge, respect in the world. We cannot afford so that, as we called the House to order recognizing that our love of country is to wait to deploy the power of our earlier today, it will be clear that the stronger than any issue which may di- ideals. For the sake of our security, for House will be called to order for all of vide us. the courageous Americans who serve America’s children. And now I am This is the lesson and the legacy of on the front lines, and for our going to administer the oath of office the last election: The American people who have bravely served our country, to your parents. You are welcome to demanded a new era of change and ac- we cannot afford to wait to modernize stay here, or you may wish to join your countability. Yes, we have problems as and rebuild our military. parents as they take the oath of office. Every chance we get we must express grave as our country has faced in gen- f erations. But now we enter a new Con- our appreciation to our heroic men and gress with a new era with a powerful women in uniform and their families SWEARING IN OF MEMBERS sense of hope and pride in our great for their service and their sacrifice to The SPEAKER. According to prece- country. our country. dent, the Chair will swear in the Mem- Two weeks from today, as Mr. Let us show America and the world bers-elect en masse. BOEHNER indicated, on the steps of this that we are equal to every test of a tur- The Members-elect and Delegates- Capitol, we will inaugurate the 44th bulent and unprecedented time. Let us elect and the Resident Commissioner- President of the United States. From listen to each other. Let us respect elect rose, and the Speaker adminis- the inaugural platform, he will walk every voice and every view, and then tered the oath of office to them as fol- down the long stretch of the National together, let us act. lows: Mall and see the steps of the Lincoln b 1415 Do you solemnly swear or affirm that Memorial from which Rev. Martin Lu- you will support and defend the Con- ther King, Jr., called us to the deepest As we in Congress pledge to reach stitution of the United States against truth of our founding dream. across the aisle, we recognize that his- all enemies, foreign and domestic; that When raises his right tory will measure this decisive mo- you will bear true faith and allegiance hand and takes the oath of office, we ment not just by what we do here in to the same; that you take this obliga- will know—and the world will wit- Washington, but how we reflect and re- tion freely, without any mental res- ness—how far America has come. We spect how all Americans work together ervation or purpose of evasion; and will celebrate that moment, but recog- for the common good to strengthen that you will well and faithfully dis- nize it as only a beginning. America’s future and faith in itself. charge the duties of the office on which Together, with our new President, As we take the oath of office today, you are about to enter, so help you we, as a Congress and a country, must we accept a level of responsibility as God. fulfill the rest of America’s promise. daunting and demanding as any that The SPEAKER. Congratulations. You All of that promise will not be re- previous generations of leadership have are now Members of the 111th Congress. deemed quickly or easily, but it must faced. With the help of God, the light of f be pursued urgently with spirited de- our values, the strength of the Amer- bate and without partisan deadlock or ican people, and the hopes that we have MAJORITY LEADER delay. for our children and their future, God Mr. LARSON of Connecticut. Madam Hardworking and still hopeful Ameri- will bless us so that America will con- Speaker, as chairman of the Demo- cans who are losing their jobs, their tinue to be as our Founders predicted cratic Caucus, I have been directed to

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 6 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 report to the House that the Demo- The SPEAKER. The question will be COMMITTEE TO NOTIFY cratic Members have selected as major- divided. PRESIDENT ity leader the gentleman from Mary- The question is on agreeing to that Mr. HOYER. Mr. Speaker, I offer a land, master of the procedures of this portion of the resolution providing for privileged resolution and ask for its floor, the Honorable STENY H. HOYER. the election of the . immediate consideration. f That portion of the resolution was The Clerk read the resolution, as fol- agreed to. lows: MINORITY LEADER A motion to reconsider was laid on the table. H. RES. 3 Mr. PENCE. Madam Speaker, as Resolved, That a committee of two Mem- AMENDMENT OFFERED BY MR. PENCE chairman of the Republican Con- bers be appointed by the Speaker on the part ference, I am directed by that con- Mr. PENCE. Madam Speaker, I offer of the House of Representatives to join with ference to notify the House of Rep- an amendment to the remainder of the a committee on the part of the Senate to no- resentatives officially that the Repub- resolution. tify the President of the United States that lican Members have selected as minor- The Clerk read as follows: a quorum of each House has assembled and ity leader the gentleman from Ohio, Amendment offered by Mr. PENCE: Congress is ready to receive any communica- tion that he may be pleased to make. the Honorable JOHN A. BOEHNER. That Paula Nowakowski of the State of Michigan be, and is hereby, chosen Clerk of The resolution was agreed to. f the House of Representatives; A motion to reconsider was laid on MAJORITY WHIP That Steve Stombres of the Common- the table. wealth of Virginia be, and is hereby, chosen Mr. LARSON of Connecticut. Madam Sergeant at Arms of the House of Represent- f Speaker, as chairman of the Demo- atives; and APPOINTMENT AS MEMBERS OF cratic Caucus, I have been directed to That Jo-Marie St. Martin of the State of COMMITTEE TO NOTIFY THE report to the House that the Demo- Tennessee be, and is hereby, chosen Chief Administrative Officer of the House of Rep- PRESIDENT, PURSUANT TO cratic Members have selected as their HOUSE RESOLUTION 3 majority whip the gentleman from resentatives. South Carolina, the son of a preacher The SPEAKER. The question is on The SPEAKER pro tempore (Mr. man, the Honorable JAMES E. CLYBURN. the amendment offered by the gen- ROSS). Without objection, pursuant to tleman from Indiana. House Resolution 3, the Chair an- f The amendment was rejected. nounces the Speaker’s appointment of MINORITY WHIP The SPEAKER. The question is on the following Members to the com- the remainder of the resolution offered mittee on the part of the House to join Mr. PENCE. Madam Speaker, as by the gentleman from California. a committee on the part of the Senate Chair of the Republican Conference, I The remainder of the resolution was to notify the President of the United am directed by that conference to no- agreed to. States that a quorum of each House tify the House of Representatives offi- A motion to reconsider was laid on has assembled and that Congress is cially that the Republican Members the table. ready to receive any communication have selected as minority whip the The SPEAKER. The Chair will now that he may be pleased to make: gentleman from Virginia, the Honor- swear in the officers of the House. The gentleman from Maryland (Mr. able . The officers presented themselves in HOYER) and f the well of the House and took the oath The gentleman from Ohio (Mr. ELECTION OF CLERK OF THE of office as follows: BOEHNER) HOUSE, SERGEANT AT ARMS, Do you solemnly swear or affirm that There was no objection. CHIEF ADMINISTRATIVE OFFI- you will support and defend the Con- f CER AND CHAPLAIN stitution of the United States against all enemies, foreign and domestic; that AUTHORIZING THE CLERK TO IN- Mr. BECERRA. Madam Speaker, I you will bear true faith and allegiance FORM THE PRESIDENT OF THE offer a privileged resolution and ask to the same; that you take this obliga- UNITED STATES OF THE ELEC- for its immediate consideration. tion freely, without any mental res- TION OF THE SPEAKER AND THE The Clerk read the resolution, as fol- ervation or purpose of evasion; and CLERK OF THE HOUSE OF REP- lows: that you will well and faithfully dis- RESENTATIVES H. RES. 1 charge the duties of the office on which Mr. DINGELL. Mr. Speaker, I offer a Resolved, That Lorraine C. Miller of the you are about to enter, so help you privileged resolution and ask for its State of Texas, be, and is hereby, chosen God. immediate consideration. Clerk of the House of Representatives; The SPEAKER. Congratulations. The Clerk read the resolution, as fol- That Wilson S. Livingood of the Common- lows: wealth of Virginia be, and is hereby, chosen f Sergeant at Arms of the House of Represent- b 1430 H. RES. 4 atives; Resolved, That the Clerk be instructed to That Daniel P. Beard of the State of Mary- NOTIFICATION TO THE SENATE inform the President of the United States land be, and is hereby, chosen Chief Adminis- Mr. HOYER. Mr. Speaker, I offer a that the House of Representative has elected trative Officer of the House of Representa- privileged resolution and ask for its Nancy Pelosi, a Representative from the tives; and immediate consideration. State of California, Speaker; and Lorraine C. That Father Daniel P. Coughlin of the The Clerk read the resolution, as fol- Miller, a citizen of the State of Texas, Clerk State of Illinois, be, and is hereby, chosen of the House of Representatives of the One Chaplain of the House of Representatives. lows: Hundred Eleventh Congress. H. RES. 2 Mr. BECERRA. Madam Speaker, I The resolution was agreed to. yield to the gentleman from Indiana Resolved, That the Senate be informed that A motion to reconsider was laid on a quorum of the House of Representatives (Mr. PENCE) for the purpose of offering has assembled; that Nancy Pelosi, a Rep- the table. an amendment. resentative from the State of California, has f Mr. PENCE. Madam Speaker, I have been elected Speaker; and Lorraine C. Miller, an amendment to the resolution, but a citizen of the State of Texas, has been RULES OF THE HOUSE before offering the amendment, I re- elected Clerk of the House of Representa- Mr. HOYER. Mr. Speaker, I offer a quest that there be a division of the tives of the One Hundred Eleventh Congress. privileged resolution and ask for its question on the resolution so that we The resolution was agreed to. immediate consideration. may have a separate vote on the Chap- A motion to reconsider was laid on The Clerk read the resolution, as fol- lain. the table. lows:

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 7

H. RES. 5 (2) in subparagraph (1) (as so designated)— passed by the House, the provisions of such Resolved, That the Rules of the House of (A) strike ‘‘if’’; and separate measure as passed by the House Representatives of the One Hundred Tenth (B) strike ‘‘includes instructions, it’’; and shall be included in the evaluation under Congress, including applicable provisions of (3) add the following new subparagraph at paragraph (a) of the bill, , or law or that con- the end: amendment. stituted rules of the House at the end of the ‘‘(2) A motion to recommit a bill or joint ‘‘(c)(1) Except as provided in subparagraph One Hundred Tenth Congress, are adopted as resolution may include instructions only in (2), the evaluation under paragraph (a) shall the Rules of the House of Representatives of the form of a direction to report an amend- exclude a provision expressly designated as the One Hundred Eleventh Congress, with ment or amendments back to the House an emergency for purposes of pay-as-you-go amendments to the standing rules as pro- forthwith.’’. principles in the case of a point of order vided in section 2, and with other orders as (h) CONDUCT OF VOTES.—In clause 2(a) of under this clause against consideration of— provided in sections 3, 4, and 5. rule XX, strike ‘‘A record vote by electronic ‘‘(A) a bill or joint resolution; SEC. 2. CHANGES TO THE STANDING RULES. device shall not be held open for the sole pur- ‘‘(B) an amendment made in order as origi- (a) INSPECTOR GENERAL AUDITS.—Amend pose of reversing the outcome of such vote.’’. nal text by a special order of business; clause 6(c)(1) of rule II to read as follows: (i) GENERAL APPROPRIATION CONFERENCE ‘‘(C) a conference report; or ‘‘(1) provide audit, investigative, and advi- REPORTS.—In clause 9 of rule XXI— ‘‘(D) an amendment between the Houses. sory services to the House and joint entities (1) insert after paragraph (a) the following ‘‘(2) In the case of an amendment (other than one specified in subparagraph (1)) to a in a manner consistent with government- new paragraph (and redesignate succeeding bill or joint resolution, the evaluation under wide standards;’’. paragraphs accordingly): paragraph (a) shall give no cognizance to any (b) HOMELAND SECURITY.—In clause 3(g) of ‘‘(b) It shall not be in order to consider a designation of emergency. rule X, designate the existing text as sub- conference report to accompany a regular paragraph (1) and add thereafter the fol- ‘‘(3) If a bill, a joint resolution, an amend- general appropriation bill unless the joint ment made in order as original text by a spe- lowing new subparagraph: explanatory statement prepared by the man- ‘‘(2) In addition, the committee shall re- cial order of business, a conference report, or agers on the part of the House and the man- an amendment between the Houses includes view and study on a primary and continuing agers on the part of the Senate includes— basis all Government activities, programs, a provision expressly designated as an emer- ‘‘(1) a list of congressional earmarks, lim- gency for purposes of pay-as-you-go prin- and organizations related to homeland secu- ited tax benefits, and limited tariff benefits rity that fall within its primary legislative ciples, the Chair shall put the question of in the conference report or joint statement consideration with respect thereto.’’. jurisdiction.’’. (and the name of any Member, Delegate, (c) ADDITIONAL FUNCTIONS OF THE COM- (2) In clause 7 of rule XXI, strike ‘‘the pe- Resident Commissioner, or Senator who sub- MITTEE ON HOUSE ADMINISTRATION.—In clause riod comprising the current fiscal year and mitted a request to the House or Senate 4(d)(1) of rule X— the five fiscal years beginning with the fiscal committees of jurisdiction for each respec- (1) redesignate subdivisions (B) and (C) as year that ends in the following calendar year tive item included in such list) that were subdivisions (C) and (D) and insert after sub- or the period comprising the current fiscal neither committed to the conference com- division (A) the following new subdivision: year and the ten fiscal years beginning with mittee by either House nor in a report of a ‘‘(B) oversee the management of services the fiscal year that ends in the following cal- committee of either House on such bill or on provided to the House by the Architect of endar year’’ and insert ‘‘period described in a companion measure; or the Capitol, except those services that lie clause 10(a)’’. ‘‘(2) a statement that the proposition con- within the jurisdiction of the Committee on (k) DISCLOSURE BY MEMBERS OF EMPLOY- tains no congressional earmarks, limited tax Transportation and Infrastructure under MENT NEGOTIATIONS.—In clause 1 of rule benefits, or limited tariff benefits.’’; and clause 1(r);’’; and XXVII, strike ‘‘until after his or her suc- (2) in paragraph (c) (as redesignated)— (2) in subdivision (D) (as redesignated) cessor has been elected,’’. (A) in the first sentence, after ‘‘paragraph (l) GENDER NEUTRALITY.— strike ‘‘(B)’’ and insert ‘‘(C)’’. (a)’’ insert ‘‘or (b)’’; and (1) In the standing rules— (d) TERMS OF COMMITTEE CHAIRMEN.—In clause 5 of rule X— (B) amend the second sentence to read as (A) strike ‘‘chairman’’ each place it ap- (1) amend paragraph (a)(2)(C) to read as fol- follows: pears and insert ‘‘chair’’; and lows: ‘‘As disposition of a point of order under (B) strike ‘‘Chairman’’ each place it ap- ‘‘(C) A Member, Delegate, or Resident this paragraph or paragraph (b), the Chair pears and insert ‘‘Chair’’ (except in clause Commissioner may exceed the limitation of shall put the question of consideration with 4(a)(1)(B) of rule X). subdivision (B) if elected to serve a second respect to the rule or order or conference re- (2) In rule I— consecutive Congress as the chair or a sec- port, as applicable.’’. (A) in clause 1 strike ‘‘his’’; ond consecutive Congress as the ranking mi- (j) PAYGO.— (B) in clause 7, strike ‘‘his’’ and insert nority member.’’; and (1) Amend clause 10 of rule XXI to read as ‘‘such’’; (2) in paragraph (c)— follows: (C) in clause 8— (A) strike the designation of subparagraph ‘‘10.(a)(1) Except as provided in paragraphs (i) in paragraph (b)(1) strike ‘‘his’’; and (1); and (b) and (c), it shall not be in order to con- (ii) in paragraph (b)(3)(B), strike ‘‘his elec- (B) strike subparagraph (2). sider any bill, joint resolution, amendment, tion and whenever he deems’’ and insert ‘‘the (e) CALENDAR WEDNESDAY.— or conference report if the provisions of such election of the Speaker and whenever’’; and (1) In clause 6 of rule XV— measure affecting direct spending and reve- (D) in clause 12— (A) in paragraph (a)— nues have the net effect of increasing the (i) in paragraph (c) strike ‘‘he’’ and insert (i) strike ‘‘the committees’’ and insert deficit or reducing the surplus for either the ‘‘the Speaker’’; and ‘‘those committees’’; and period comprising— (ii) in paragraph (d) strike ‘‘his opinion’’ (ii) strike ‘‘unless two-thirds’’ and all that ‘‘(A) the current fiscal year, the budget and insert ‘‘the opinion of the Speaker’’. follows and insert ‘‘whose chair, or other year set forth in the most recently com- (3) In rule II— member authorized by the committee, has pleted concurrent resolution on the budget, (A) in clause 1— announced to the House a request for such and the four fiscal years following that budg- (i) strike ‘‘his office’’ and insert ‘‘the of- call on the preceding legislative day.’’; and et year; or fice’’; (B) strike paragraphs (c), (d), and (f) (and ‘‘(B) the current fiscal year, the budget (ii) strike ‘‘his knowledge and ability’’ and redesignate paragraph (e) as paragraph (c)). year set forth in the most recently com- insert ‘‘the knowledge and ability of the offi- (2) In clause 6(c) of rule XIII, strike sub- pleted concurrent resolution on the budget, cer’’; and paragraph (1) and the designation ‘‘(2)’’. and the nine fiscal years following that (iii) strike ‘‘his department’’ and insert (f) POSTPONEMENT AUTHORITY.—In clause 1 budget year. ‘‘the department concerned’’; of rule XIX, add the following new para- ‘‘(2) The effect of such measure on the def- (B) in clause 2— graph: icit or surplus shall be determined on the (i) in paragraph (b) strike ‘‘he is required ‘‘(c) Notwithstanding paragraph (a), when basis of estimates made by the Committee to make’’ and insert ‘‘required to be made by the previous question is operating to adop- on the Budget relative to baseline estimates such officer’’; tion or passage of a measure pursuant to a supplied by the Congressional Budget Office (ii) in paragraph (g) strike ‘‘his temporary special order of business, the Chair may consistent with section 257 of the Balanced absence or disability’’ and insert ‘‘the tem- postpone further consideration of such meas- Budget and Emergency Deficit Control Act porary absence or disability of the Clerk’’; ure in the House to such time as may be des- of 1985. and ignated by the Speaker.’’. ‘‘(b) If a bill, joint resolution, or amend- (iii) in paragraph (i)(1) strike ‘‘Whenever (g) INSTRUCTIONS IN THE MOTION TO RECOM- ment is considered pursuant to a special the Clerk is acting as a supervisory author- MIT.—In clause 2(b) of rule XIX— order of the House directing the Clerk to add ity over such staff, he’’ and insert ‘‘When (1) designate the existing sentence as sub- as new matter at the end of such measure acting as a supervisory authority over such paragraph (1); the provisions of a separate measure as staff, the Clerk’’; and

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 8 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 (C) in clause 3— (B) in clause 3— (I) strike ‘‘his campaign funds’’ and insert (i) in paragraph (a) strike ‘‘him’’ and insert (i) in paragraph (a) strike ‘‘his duties or ‘‘the campaign funds of such individual’’; and ‘‘the Sergeant-at-Arms’’; the discharge of his responsibilities’’ each (II) strike ‘‘his personal funds’’ and insert (ii) in paragraph (b) strike ‘‘him’’ and in- place it appears and insert ‘‘the duties or the ‘‘the personal funds of such individual’’; and sert ‘‘the Sergeant-at-Arms’’; discharge of the responsibilities of such indi- (ii) in paragraph (c) strike ‘‘his campaign (iii) in paragraph (c) strike ‘‘his employ- vidual’’; account’’ and insert ‘‘a campaign accounts of ees’’ and insert ‘‘employees of the office of (ii) in paragraph (b)— such individual’’; the Sergeant-at-Arms’’; and (I) in subparagraph (2)(B) strike ‘‘he’’ and (D) in clause 8— (iv) in paragraph (d)— insert ‘‘such Member, Delegate, or Resident (i) in paragraph (a) strike ‘‘he’’ and insert (I) strike ‘‘; and’’ and insert ‘‘and,’’; and Commissioner’’; and ‘‘such employee’’; and (II) strike ‘‘he’’. (II) in subparagraph (5) strike ‘‘disqualify (ii) in paragraph (c)— (4) In rule III— himself’’ and insert ‘‘seek disqualification’’; (I) in subparagraph (1)(A) after ‘‘his (A) in clause 1 strike ‘‘he has’’ and insert (iii) in paragraph (g)— spouse’’ insert ‘‘the spouse of such indi- ‘‘having’’; and (I) in subparagraph (1)(B) strike ‘‘he is’’; vidual’’; and (B) in clause 2(a)— (II) in subparagraph (1)(E) strike ‘‘his or (II) in subparagraph (1)(B) strike ‘‘his (i) strike ‘‘his vote’’ and insert ‘‘the vote of her employment or duties with the com- spouse’’ and insert ‘‘the spouse of such em- such Member’’; and mittee’’ and insert ‘‘the employment or du- ployee’’; (ii) strike ‘‘his presence’’ and insert ‘‘the ties with the committee of such individual’’; (E) in clause 10— presence of such Member’’. and (i) strike ‘‘he is a’’ and insert ‘‘such indi- (5) In rule IV— (III) in subparagraph (4)— vidual is a’’; (A) in clause 4(a) strike ‘‘he or she’’ and in- (aa) strike ‘‘his or her personal staff’’ and (ii) strike ‘‘his innocence’’ and insert ‘‘the sert ‘‘such individual’’; and insert ‘‘the respective personal staff of the innocence of such Member’’; and (B) in clause 6(b) strike ‘‘his family’’ and chair or ranking minority member’’; and (iii) strike ‘‘he is reelected’’ and insert insert ‘‘the family of such individual’’. (bb) strike ‘‘he’’ and insert ‘‘the chair or ‘‘the Member is reelected’’; and (6) In rule V— ranking minority member’’; (F) in clause 12(b)— (A) strike ‘‘administer a system subject to (iv) in paragraph (p)— (i) strike ‘‘advises his employing author- his direction and control’’ each place it ap- (I) in subparagraph (2) strike ‘‘his counsel’’ ity’’ and insert ‘‘advises the employing au- pears and insert ‘‘administer, direct, and and insert ‘‘the counsel of the respondent’’; thority of such employee’’; and control a system’’; (II) in subparagraph (4)— (ii) strike ‘‘from his’’ and insert ‘‘from (B) strike ‘‘he’’ each place it appears and (aa) strike ‘‘his or her counsel’’ and insert such’’; and insert ‘‘the Speaker’’; and ‘‘the counsel of the respondent’’; and (G) in clause 15 strike ‘‘his or her family (C) in clause 3 strike ‘‘his’’ and insert (bb) strike ‘‘his counsel’’ and insert ‘‘the member’’ each place it appears and insert ‘‘a ‘‘the’’. counsel of the respondent’’; family member of a Member, Delegate, or (7) In rule VI, strike ‘‘he’’ each place it ap- (III) in subparagraph (7) strike ‘‘his coun- Resident Commissioner’’. pears and insert ‘‘the Speaker’’. sel’’ and insert ‘‘the counsel of a respond- (21) In rule XXIV— (8) In clause 7 of rule VII, strike ‘‘his of- (A) in clause 1— ent’’; and fice’’ each place it appears and insert ‘‘the (i) in paragraph (a) strike ‘‘his use’’ and in- (IV) in subparagraph (8) strike ‘‘him’’ and office of the Clerk’’. sert ‘‘the use of such individual’’; and insert ‘‘the respondent’’; and (9) In clause 6(b) of rule VIII, strike ‘‘he’’ (ii) in paragraph (b)(1) strike ‘‘his principal (v) in paragraph (q) strike ‘‘his or her’’ and and insert ‘‘the Speaker’’. campaign committee’’ and insert ‘‘the prin- insert ‘‘the’’. (10) In clause 2(a)(1) of rule IX, strike ‘‘his’’ cipal campaign committee of such indi- (13) In rule XII— and insert ‘‘an’’. vidual’’; (A) in clause 2(c)(1) strike ‘‘he’’ and insert (11) In rule X— (B) in clause 7 strike ‘‘he was’’; ‘‘the Speaker’’; and (A) in clause 4(f)(1), strike ‘‘President sub- (C) in clause 8 strike ‘‘he is’’ and insert (B) in clause 3 strike ‘‘he shall endorse his mits his budget’’ and insert ‘‘submission of ‘‘such individual is’’; and the budget by the President’’; name’’ and insert ‘‘the Member, Delegate, or (D) in clause 10 strike ‘‘he was’’ and insert (B) in clause 5— Resident Commissioner shall sign it’’. ‘‘such individual was’’. (i) in paragraph (a)(4)— (14) In clause 6(d) of rule XIII, strike ‘‘his’’. (22) In rule XXV— (I) strike ‘‘his designee’’ each place it ap- (15) In clause 4(c)(1) of rule XVI strike ‘‘his (A) in clause 2(b) strike ‘‘his name’’ and in- pears and insert ‘‘a designee’’; and discretion’’ and insert ‘‘the discretion of the sert ‘‘the name of such individual’’; (II) strike ‘‘his respective party’’ each Speaker’’. (B) in clause 4— place it appears and insert ‘‘the respective (16) In rule XVII— (i) in paragraph (c) strike ‘‘his residence or party of such individual’’; (A) in clause 1(a) strike ‘‘himself to ‘Mr. principal place of employment’’ and insert (ii) in paragraph (b)(1) strike ‘‘he was’’; and Speaker’ ’’ and insert ‘‘the Speaker’’; ‘‘the residence or principal place of employ- (iii) in paragraph (c) strike ‘‘chairman- (B) in clause 6 strike ‘‘his discretion’’ and ment of such individual’’; and ship’’ and insert ‘‘chair’’; insert ‘‘the discretion of the Chair’’; and (ii) in paragraph (d)(1)— (C) in clause 8— (C) in clause 9 strike ‘‘he’’ each place it ap- (I) in subdivision (B) strike ‘‘he’’ and insert (i) strike ‘‘his expenses’’ each place it ap- pears and insert ‘‘such individual’’. ‘‘such individual’’; pears and insert ‘‘the expenses of such indi- (17) In clause 6 of rule XVIII, strike ‘‘he’’ (II) in subdivision (C) strike ‘‘him’’ and in- vidual’’; and each place it appears and insert ‘‘the Chair’’. sert ‘‘such individual’’; and (ii) strike ‘‘he’’ each place it appears; (18) In rule XX— (III) in subdivision (D)— (D) in clause 10(a) strike ‘‘he is’’; and (A) in clause 5— (aa) strike ‘‘he or his family’’ and insert (E) in clause 11— (i) in paragraph (b) strike ‘‘him’’ and insert ‘‘such individual or the family of such indi- (i) in paragraph (a)(3) strike ‘‘member of ‘‘the Sergeant-at-Arms’’; vidual’’; and his leadership staff to assist him in his ca- (ii) in paragraph (c)(3)(B)(I) strike ‘‘his’’ (bb) strike ‘‘him’’ and insert ‘‘such indi- pacity’’ and insert ‘‘respective leadership and insert ‘‘a’’; and vidual’’; staff member to assist in the capacity of the (iii) in paragraph (d) strike ‘‘he’’ and insert (C) in clause 5— Speaker or Minority Leader’’; ‘‘the Speaker’’; and (i) strike ‘‘his official position’’ each place (ii) in paragraph (e)(1) strike ‘‘his employ- (B) in clause 6(b)— it appears and insert ‘‘the official position of ment or contractual agreement’’ and insert (i) strike ‘‘he’’ and insert ‘‘the Member’’; such individual’’; ‘‘the employment or contractual agreement and (ii) strike ‘‘his actual knowledge’’ each of such employee or person’’; and (ii) strike ‘‘his’’ and insert ‘‘such’’. place it appears and insert ‘‘the actual (iii) in paragraph (g)(2)— (19) In clause 7(c)(1) of rule XXII, strike knowledge of such individual’’; (I) in subdivision (B)— ‘‘his’’. (iii) strike ‘‘his duties’’ each place it ap- (aa) strike ‘‘he’’ and insert ‘‘the Presi- (20) In rule XXIII— pears and insert ‘‘the duties of such indi- dent’’; and (A) in clause 1 strike ‘‘conduct himself’’ vidual’’; (bb) strike ‘‘his’’; and and insert ‘‘behave’’; (iv) in paragraph (a)(3)(D)(ii)(I) strike ‘‘his (II) in subdivision (C) strike ‘‘his’’. (B) in clause 3— relationship’’ and insert ‘‘the relationship of (12) In rule XI— (i) strike ‘‘his beneficial interest’’ and in- such individual’’; and (A) in clause 2— sert ‘‘the beneficial interest of such indi- (v) in paragraph (a)(3)(G)(i) strike ‘‘his (i) in paragraph (c)(1) strike ‘‘he’’ and in- vidual’’; and spouse’’ and insert ‘‘the spouse of such indi- sert ‘‘the chair’’; and (ii) strike ‘‘his position’’ and insert ‘‘the vidual’’; (ii) in paragraph (k)(9) strike ‘‘his testi- position of such individual’’ (D) in clause 6— mony’’ and insert ‘‘the testimony of such (C) in clause 6— (i) strike ‘‘he acts’’ and insert ‘‘acting’’; witness’’; (i) in paragraph (a)— and

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 9 (ii) strike ‘‘he is’’; and (C), a motion that the Committee of the Independence and Global Warming (herein- (E) in clause 8 strike ‘‘his or her’’ and in- Whole rise and report a bill to the House after in this section referred to as the ‘‘se- sert ‘‘the’’. shall not be in order if the bill, as amended, lect committee’’). (23) In clause 1 of rule XXVI, strike ‘‘him’’ exceeds an applicable allocation of new budg- (B) COMPOSITION.—The select committee and insert ‘‘the Clerk’’. et authority under section 302(b) of the Con- shall be composed of 15 members appointed (24) In clause 2 of rule XXVII, strike ‘‘he or gressional Budget Act of 1974, as estimated by the Speaker, of whom 6 shall be appointed she’’ and insert ‘‘such individual’’. by the Committee on the Budget. on the recommendation of the Minority (25) In clause 2 of rule XXIX, strike ‘‘the (B) If a point of order under subsection (A) Leader. The Speaker shall designate one masculine gender include the feminine’’ and is sustained, the Chair shall put the ques- member of the select committee as its chair. insert ‘‘one gender include the other’’. tion: ‘‘Shall the Committee of the Whole rise A vacancy in the membership of the select (m) TECHNICAL AND CODIFYING CHANGES.— and report the bill to the House with such committee shall be filled in the same man- (1) In clause 2(h) of rule II, strike ‘‘not in amendments as may have been adopted not- ner as the original appointment. session’’ and insert in lieu thereof ‘‘in recess withstanding that the bill exceeds its alloca- (2) JURISDICTION; FUNCTIONS.— or adjournment’’. tion of new budget authority under section (A) LEGISLATIVE JURISDICTION.—The select (2) In clause 4(b) of rule IV, strike ‘‘regula- 302(b) of the Congressional Budget Act of committee shall not have legislative juris- tions that exempt’’ and insert in lieu thereof 1974?’’. Such question shall be debatable for diction and shall have no authority to take ‘‘regulations to carry out this rule including 10 minutes equally divided and controlled by legislative action on any bill or resolution. regulations that exempt’’. a proponent of the question and an opponent (B) INVESTIGATIVE JURISDICTION.—The sole (3) In clause 5(c) of rule X— but shall be decided without intervening mo- authority of the select committee shall be to (A) strike ‘‘temporary absence of the chair- tion. investigate, study, make findings, and de- man’’ and insert in lieu thereof ‘‘absence of (C) Subsection (A) shall not apply— velop recommendations on policies, strate- the member serving as chair’’; and (i) to a motion offered under clause 2(d) of gies, technologies and other innovations, in- (B) strike ‘‘permanent’’. rule XXI; or tended to reduce the dependence of the (4) In clause 7(e) of rule X, strike ‘‘signed (ii) after disposition of a question under United States on foreign sources of energy by’’ and all that follows, and insert in lieu subsection (B) on a given bill. and achieve substantial and permanent re- thereof ‘‘signed by the of (D) If a question under subsection (B) is de- ductions in emissions and other activities the committee as it was constituted at the cided in the negative, no further amendment that contribute to and global expiration of the preceding Congress who is a shall be in order except— warming. member of the majority party in the present (i) one proper amendment, which shall be (3) PROCEDURE.—(A) Except as specified in Congress.’’. debatable for 10 minutes equally divided and paragraph (2), the select committee shall (5) In clause 8(a) of rule X, strike ‘‘clauses controlled by the proponent and an oppo- have the authorities and responsibilities of, 6 and 8’’ and insert in lieu thereof ‘‘clause 6’’. nent, shall not be subject to amendment, and and shall be subject to the same limitations (6) In clause 2(a) of rule XIII –— shall not be subject to a demand for division and restrictions as, a standing committee of (A) in subparagraph (1), strike ‘‘as privi- of the question in the House or in the Com- the House, and shall be deemed a committee leged’’; and mittee of the Whole; and of the House for all purposes of law or rule. (B) in subparagraph (2), insert ‘‘(other than (ii) pro forma amendments, if offered by (B)(i) Rules X and XI shall apply to the se- those filed as privileged)’’ after ‘‘reported ad- the chair or ranking minority member of the lect committee where not inconsistent with versely’’. Committee on Appropriations or their des- this resolution. (7) In clause 5(c)(3) of rule XX, strike ignees, for the purpose of debate. (ii) Service on the select committee shall ‘‘clause 5(a) of rule XX’’ and insert ‘‘para- (b) CERTAIN SUBCOMMITTEES.—Notwith- graph (a)’’. not count against the limitations in clause standing clause 5(d) of rule X, during the One 5(b)(2) of rule X. (8) In clause 6(c) of rule XX, after ‘‘yeas Hundred Eleventh Congress— and nays’’ insert ‘‘ordered under this (4) FUNDING.—To enable the select com- (1) the Committee on Armed Services may mittee to carry out the purposes of this sec- clause’’. have not more than seven subcommittees; (9) In clause 7(c)(3) of rule XXII, strike tion— (2) the Committee on Foreign Affairs may (A) the select committee may use the serv- ‘‘motion meets’’ and insert in lieu thereof have not more than seven subcommittees; ‘‘proponent meets’’. ices of staff of the House; and and (B) the select committee shall be eligible (10) In clause 1(b)(2) of rule XXIV, strike (3) the Committee on Transportation and ‘‘office space, furniture, or equipment, and’’ for interim funding pursuant to clause 7 of Infrastructure may have not more than six rule X. and insert in lieu thereof ‘‘office space, office subcommittees. (5) REPORTING.—The select committee may furniture, office equipment, or’’. (c) EXERCISE FACILITIES FOR FORMER MEM- report to the House from time to time the (11) In clause 5(i)(2) of rule XXV, strike BERS.—During the One Hundred Eleventh results of its investigations and studies, to- ‘‘paragraph (1)(A)’’ and insert ‘‘subparagraph Congress— gether with such detailed findings and rec- (1)(A)’’. (1) The House of Representatives may not ommendations as it may deem advisable. All SEC. 3. SEPARATE ORDERS. provide access to any exercise facility which such reports shall be submitted to the House (a) BUDGET MATTERS.— is made available exclusively to Members by December 31, 2010. (1) During the One Hundred Eleventh Con- and former Members, officers and former of- (b) HOUSE DEMOCRACY ASSISTANCE COMMIS- gress, references in section 306 of the Con- ficers of the House of Representatives, and SION.—House Resolution 24, One Hundred gressional Budget Act of 1974 to a resolution their spouses to any former Member, former Tenth Congress, shall apply in the One Hun- shall be construed in the House of Represent- officer, or spouse who is a lobbyist registered dred Eleventh Congress in the same manner atives as references to a joint resolution. under the Disclosure Act of 1995 or as such resolution applied in the One Hun- (2) During the One Hundred Eleventh Con- any successor statute or agent of a foreign dred Tenth Congress. gress, in the case of a reported bill or joint principal as defined in clause 5 of rule XXV. (c) TOM LANTOS HUMAN RIGHTS COMMIS- resolution considered pursuant to a special For purposes of this section, the term ‘‘Mem- SION.—Sections 1 through 7 of House Resolu- order of business, a point of order under sec- ber’’ includes a Delegate or Resident Com- tion 1451, One Hundred Tenth Congress, shall tion 303 of the Congressional Budget Act of missioner to the Congress. apply in the One Hundred Eleventh Congress 1974 shall be determined on the basis of the (2) The Committee on House Administra- in the same manner as such provisions ap- text made in order as an original bill or joint tion shall promulgate regulations to carry plied in the One Hundred Tenth Congress, ex- resolution for the purpose of amendment or out this subsection. cept that — to the text on which the previous question is (d) NUMBERING OF BILLS.—In the One Hun- ordered directly to passage, as the case may dred Eleventh Congress, the first 10 numbers (1) the Tom Lantos Human Rights Com- be. for bills (H.R. 1 through H.R. 10) shall be re- mission may, in addition to collaborating (3) During the One Hundred Eleventh Con- served for assignment by the Speaker. closely with other professional staff mem- gress, a provision in a bill or joint resolu- (e) MEDICARE COST CONTAINMENT.—Section bers of the Committee on Foreign Affairs, tion, or in an amendment thereto or a con- 803 of the Medicare Prescription Drug, Im- collaborate closely with professional staff ference report thereon, that establishes pro- provement, and Modernization Act of 2003 members of other relevant committees; and spectively for a Federal office or position a shall not apply during the One Hundred Elev- (2) the resources of the Committee on For- specified or minimum level of compensation enth Congress. eign Affairs which the Commission may use to be funded by annual discretionary appro- SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE shall include all resources which the Com- priations shall not be considered as pro- OFFICES. mittee is authorized to obtain from other of- viding new entitlement authority within the (a) SELECT COMMITTEE ON ENERGY INDE- fices of the House of Representatives. meaning of the Congressional Budget Act of PENDENCE AND GLOBAL WARMING.— (d) OFFICE OF CONGRESSIONAL ETHICS.— 1974. (1) ESTABLISHMENT; COMPOSITION.— Section 1 of House Resolution 895, One Hun- (4)(A) During the One Hundred Eleventh (A) ESTABLISHMENT.—There is hereby es- dred Tenth Congress, shall apply in the One Congress, except as provided in subsection tablished a Select Committee on Energy Hundred Eleventh Congress in the same

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 10 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 manner as such provision applied in the One of order against the bill and against its con- some of the most important new stand- Hundred Tenth Congress, except that the Of- sideration are waived except those arising ards for the 111th Congress: a new rules fice of Congressional Ethics shall be treated under clause 9 or 10 of rule XXI. The bill package that will ensure that the as a standing committee of the House for shall be considered as read. The previous House does the people’s work ethically purposes of section 202(i) of the Legislative question shall be considered as ordered on Reorganization Act of 1946 (2 U.S.C. 72a(i)). the bill to final passage without intervening and efficiently. (e) EMPANELLING INVESTIGATIVE SUB- motion except: (1) one hour of debate equally First, we understand that ‘‘revolving COMMITTEE OF THE COMMITTEE ON STANDARDS divided and controlled by the Majority Lead- door’’ between the public and private OF OFFICIAL CONDUCT.—The text of House er and the Minority Leader or their des- sectors can compromise the independ- Resolution 451, One Hundred Tenth Congress, ignees; and (2) one motion to recommit. ence of judgment that voters want and shall apply in the One Hundred Eleventh (b)(1) PAYCHECK FAIRNESS ACT.—Upon the deserve. That is why these new rules Congress in the same manner as such provi- adoption of this resolution it shall be in will prevent ‘‘lame duck’’ Members sion applied in the One Hundred Tenth Con- order to consider in the House the bill (H.R. from negotiating employment con- gress. 12) to amend the Fair Labor Standards Act tracts in secret before their terms ex- (f) CONTINUING AUTHORITIES FOR THE COM- of 1938 to provide more effective remedies to MITTEE ON THE JUDICIARY AND THE OFFICE OF pire. victims of discrimination in the payment of Secondly, the rules will no longer set GENERAL COUNSEL.— wages on the basis of sex, and for other pur- (1) The House authorizes— poses. All points of order against the bill and term limits for committee Chairs. I un- (A) the Committee on the Judiciary of the against its consideration are waived except derstand that our Republican col- 111th Congress to act as the successor in in- those arising under clause 9 or 10 of rule XXI. leagues once wrote term limits into the terest to the Committee on the Judiciary of The bill shall be considered as read. The pre- rules in an effort against the en- the 110th Congress with respect to the civil vious question shall be considered as ordered trenched power. But it is now clear action Committee on the Judiciary v. Har- on the bill to final passage without inter- that that effort fell victim to what riet Meirs et al., filed by the Committee on vening motion except: (1) one hour of debate conservatives like to call the law of un- the Judiciary in the 110th Congress pursuant equally divided and controlled by the Major- to House Resolution 980; and intended consequences. ity Leader and the Minority Leader or their With chairmanships up for grabs so (B) the chair of the Committee on the Ju- designees; and (2) one motion to recommit. diciary (when elected), on behalf of the Com- (2) In the engrossment of H.R. 11, the Clerk frequently, fundraising ability became mittee on the Judiciary, and the Office of shall— one of the most important for job qual- General Counsel to take such steps as may (A) add the text of H.R. 12, as passed by the ification, and legislative skill was sac- be appropriate to ensure continuation of House, as new matter at the end of H.R. 11; rificed to political considerations. such civil action, including amending the (B) conform the title of H.R. 11 to reflect Third, these rules limit the abuse of complaint as circumstances may warrant. the addition to the engrossment of H.R. 12; motions to recommit. We invite good- (2)(A) The House authorizes— (C) assign appropriate designations to pro- faith efforts to improve legislation. (i) the Committee on the Judiciary to take visions within the engrossment; and And in these hard times, we need the depositions by a member or counsel of the (D) conform provisions for short titles committee related to the investigation into within the engrossment. Republican Party to be constructive the firing of certain United States Attorneys (3) Upon the addition of the text of H.R. 12 partners in policy making. We welcome and related matters; and to the engrossment of H.R. 11, H.R. 12 shall it. But we all understand which mo- (ii) the chair of the Committee on the Ju- be laid on the table. tions are not offered in good faith. diciary (when elected), on behalf of the Com- Mr. HOYER (during the reading). Mr. Those are the motions that attempt to mittee on the Judiciary, to issue subpoenas Speaker, I ask unanimous consent that kill bills through parliamentary tricks related to the investigation into the firing of the resolution be considered as read and waste our constituents’ time on certain United States Attorneys and related ‘‘gotcha’’ politics. matters including for the purpose of taking and printed in the RECORD. depositions by a member or counsel of the The SPEAKER pro tempore. Is there Fourth, we are continuing our work committee. objection to the request of the gen- to reform earmarks, removing loop- (B) Depositions taken under the authority tleman from Maryland? holes that allow Members to make prescribed in this paragraph shall be gov- There was no objection. some earmarks in secret. erned by the procedures submitted for print- The SPEAKER pro tempore. The gen- Fifth and finally, these rules confirm ing in the Congressional Record by the chair tleman from Maryland is recognized our commitment to fiscal responsi- of the Committee on Rules (when elected) or for 1 hour. bility. by such other procedures as the Committee A binge of borrowing has weakened Mr. HOYER. Mr. Speaker, for pur- on the Judiciary shall prescribe. our economy, tied our hands in a finan- poses of debate only, I yield the cus- (3) The House authorizes the chair of the cial crisis, and saddled our children and Committee on the Judiciary (when elected), tomary 30 minutes to the gentleman grandchildren with $9 trillion in for- on behalf of the Committee on the Judiciary, from Ohio (Mr. BOEHNER), or his des- eign-owned debt. That recklessness and the Office of General Counsel to petition ignee, pending which I yield myself must end, and these rules will help end to join as a party to the civil action ref- such time as I may consume. During it. erenced in paragraph (1) any individual sub- consideration of the resolution, all poenaed by the Committee on the Judiciary Mr. Speaker, these rules embody our time yielded is for purposes of debate of the 110th Congress as part of its investiga- vision for the House as an institution: only. tion into the firing of certain United States a place that debates constructively, Mr. Speaker, 2 years ago Democrats Attorneys and related matters who failed to spends wisely, and lives in the actions comply with such subpoena or, at the au- were elected to the majority with a of all its Members and all its staff by a thorization of the Speaker after consultation pledge that under our leadership the standard we can be proud of. with the Bipartisan Legal Advisory Group, House would dedicate itself to integ- to initiate judicial proceedings concerning That is our vision for this House, and rity and accountability. We believe we I urge my colleagues to adopt these the enforcement of subpoenas issued to such kept that promise. individuals. rules. Today, gifts from lobbyists are SEC. 5. SPECIAL ORDERS OF BUSINESS. Mr. Speaker, I ask unanimous con- (a) LILLY LEDBETTER FAIR PAY ACT.—Upon banned, the use of corporate jets is pro- sent that the balance of my time be the adoption of this resolution it shall be in hibited, the process is trans- controlled by the chairwoman of the order to consider in the House the bill (H.R. parent, all House employees are Rules Committee, the distinguished 11) to amend title VII of the Civil Rights Act trained in ethics, and an independent gentlewoman from New York, Chair- of 1964, the Age Discrimination in Employ- Office of Congressional Ethics has been woman SLAUGHTER. ment Act of 1967, the Americans With Dis- established. The SPEAKER pro tempore. Is there abilities Act of 1990, and the Rehabilitation But we also understand that holding objection to the request of the gen- Act of 1973 to clarify that a discriminatory this House to high standards is not compensation decision or other practice that tleman from Maryland? is unlawful under such Acts occurs each time simply the work of one session or one There was no objection. compensation is paid pursuant to the dis- resolution or, indeed, one Congress. It Ms. SLAUGHTER. Mr. Speaker, I criminatory compensation decision or other is a project for all of us to renew year yield myself such time as I may con- practice, and for other purposes. All points after year. I would like to touch on sume.

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 11 I want to begin by thanking the gen- that amends the bill or a ‘‘straight’’ SECTION-BY-SECTION OF RULE CHANGES—111TH tleman from Maryland for his state- motion that sends the bill back to com- CONGRESS ment and yielding me the time to mittee without amendment. The changes in the standing rules of the present the opening day’s rules pack- By removing reference to term limits House made by House Resolution 5 include age for the 111th Congress. for committee Chairs from this pack- the following: Mr. Speaker, rarely has our great Na- age, we take away what was from the SEC. 2. CHANGES TO THE STANDING RULES. tion faced such grave challenges. Mil- (a) INSPECTOR GENERAL AUDITS.— first a political consideration to elimi- In response to the recommendation of the lions of Americans are without jobs nate that from the official House rules chairman and ranking minority member of and consequently also without health where they don’t belong. And by main- the Committee on House Administration, insurance. Our troops are fighting two taining strong PAYGO rules, we are this provision amends clause 6(c)(1) of rule II wars overseas. And as our economy spi- demonstrating our strong commitment to clarify the non-traditional audit work rals downward, Americans from coast to fiscal discipline. that the Inspector General does in the areas to coast are struggling to make ends These important measures make of business process improvements, services meet. to enhance the efficiency of House support good sense to protect the integrity of operations, and risk management assess- But there is reason to hope. In fewer this institution and to enable Congress than 14 days, a new President will be ments. The change also will allow the In- to help America get back on track. spector General to implement guidance and sworn in. And President-elect Barack Today, we are not only harnessing the standards published in the Government Ac- Obama, the House Democrats and I, belief that we can continue to restore countability Office’s Government Auditing and my Republican friends are com- integrity and accountability to Con- Standards. mitted to rolling up our sleeves and gress, we are also laying down a strong (b) HOMELAND SECURITY.— getting to work immediately to solve This provision amends clause 3(g) of rule X foundation for House action on the to direct the Committee on Homeland Secu- the critical challenges that face our grave challenges that face this great Nation. rity to review and study on a primary and Nation. continuing basis all Government activities, On this day I am honored to address Mr. Speaker and my friends on both programs, and organizations relating to the House at the beginning of the 111th sides of the aisle, the American people homeland security within its primary legis- Congress to present the rules package know exactly what’s at stake over the lative jurisdiction. that will govern this body as we work next few years, which is why they have Nothing in this rule shall affect the over- to meet the needs of American families sight or legislative authority of other com- resoundingly raised their voices for mittees under the Rules of the House. over the next 2 years. change, and Democrats are listening. It is the responsibility of the major- The change in clause 3 of rule X clarifies We are ready to help put Americans ity to protect and enhance the integ- the Committee on Homeland Security’s over- back to work by investing in job cre- sight jurisdiction over government activities rity of the institution, and that is what ation initiatives, strengthening our relating to homeland security within its pri- this rules package does. Through build- economy. We are ready to fix our bro- mary legislative jurisdiction, including the ing upon the important rules changes ken health care system so that every interaction of all departments and agencies that Democrats implemented during citizen can get quality, affordable with the Department of Homeland Security. the last Congress, we are keeping our Consistent with the designation of the Com- health care that they desperately need commitment to the American people to mittee on Homeland Security as the com- and are entitled to. We are ready to restore accountability and honesty to mittee of oversight in these vital areas, the cultivate a clean energy economy by government. House expects that the President and the rel- turning wind into energy, energy in- In the 110th Congress, Democrats put evant executive agencies will forward copies vestments into innovation, and innova- of all reports in this area, in addition to forth critical measures to restore tion into good-paying American jobs. those already covered by clause 2(b) of rule transparency to the House. We banned We are ready to begin responsibly XIV, to the Committee on Homeland Secu- gifts from lobbyists. We prohibited the rity to assist it in carrying out this impor- use of corporate jets. We mandated eth- withdrawing troops from , ready to tant responsibility. ics training for all House employees. ensure quality education for our young This change is meant to clarify that the We ensured transparency for earmarks people, ready to continue making the various agencies have a reporting relation- by requiring the full disclosure of ear- tough choices that the American peo- ship with the Homeland Security Committee ple elected us to make. on matters within its jurisdiction in addition marks in all bills and conference re- to the agencies’ reporting relationships with ports. We established an independent Yet in order for us to begin address- ing these pressing challenges, we must other committees of jurisdiction. Office of Congressional Ethics. And (c) ADDITIONAL FUNCTIONS OF THE COM- today we are building on our commit- ensure that Congress continues to put MITTEE ON HOUSE ADMINISTRATION.— ment to the American people to further integrity and accountability at the This provision amends clause 4(d) of rule X strengthen the integrity of this insti- heart of our daily actions. I can think to give the Committee on House Administra- tution in the 111th Congress. of no better way to do that than by tion oversight of the management of services By closing the loophole that allowed adopting these amendments to the provided to the House by the , except those services that lie ‘‘lame duck’’ Members to negotiate House rules. Mr. Speaker, it will be a long and dif- within the jurisdiction of the Committee on employment contracts in secret, we are Transportation and Infrastructure under opening the doors of Congress and ficult journey to strengthen our econ- clause 1(r). shedding light upon the process. By omy, to reform the health care system, (d) TERMS OF COMMITTEE CHAIRMEN.— codifying the additional earmark re- and create a clean energy future wor- This provision strikes clause 5(c)(2) of rule forms adopted mid-term in the 110th thy of our children and grandchildren. X to eliminate term limits for committee Congress, coupled with the ongoing But the rules package before us today and subcommittee chairs and includes a con- rules that required the Members’ signa- is an important first step, one that will forming amendment to clause 5(a)(2)(C) of rule X to provide an exception to the Budget tures and their reasons for their re- ensure integrity in Congress as we move forward on this pivotal path. Committee tenure limitations for a chair or quests, we are permanently strength- ranking minority member serving a second ening earlier comprehensive reforms, It is time to reinvigorate America. consecutive term in the respective position. resulting in even further transparency It’s time to make history. And let us (e) CALENDAR WEDNESDAY.— and accountability in the earmark begin. This provision amends clause 6 of rule XV process. Mr. Speaker, I urge adoption of this to require the Clerk to read only those com- By making commonsense changes to commonsense rules package to allow mittees where the committee chair has given the motion to recommit, we are help- the House to operate more effectively notice to the House on Tuesday that he or she will seek recognition to call up a bill ing Congress to function more effec- and productively in solving the chal- under the Calendar Wednesday rule. This tively while preserving the minority’s lenges facing our great Nation while will replace the requirement that the Clerk legitimate right to present their policy strengthening our integrity in Con- read the list of all committees, regardless of alternatives through offering a motion gress. whether a committee intends to utilize the

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 12 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 rule. The provision makes conforming are necessary to respond to an act of war, an (8) Clarify the availability of a motion to changes to clause 6 of rule XV and clause 6 act of terrorism, a natural disaster, or a pe- adjourn during merger of a and of rule XIII, including the deletion of the re- riod of sustained low economic growth. A the yeas and nays to include only the clause quirement of a two-thirds vote to dispense measure that includes any provision des- 6 version of the yeas and nays (clause 6(c) of with the proceedings under Calendar ignated as emergency shall be accompanied rule XX); Wednesday. by a report or a joint statement of managers, (9) Correct a grammatical error in the rule (f) POSTPONEMENT AUTHORITY.— as the case may be, or include an applicable to clarify that notice to instruct conferees at This provision adds a new paragraph (c) to ‘‘Findings’’ section in the legislation, stating a stalled conference is given by a ‘‘pro- clause 1 of rule XIX to give permanent au- the reasons why such provision meets the ponent’’ and not by a ‘‘motion.’’ (clause thority to the Chair to postpone further con- emergency requirement according to the fol- 7(c)(3) of rule XXII); sideration of legislation prior to final pas- lowing criteria. (10) Clarify that the rule prohibiting cam- sage when the previous question is operating In general, the criteria to be considered in paign funds for official expenses applies to to adoption or passage of a measure pursuant determining whether a proposed expenditure ‘‘office space, office furniture, or office to a special order of business. This codifies a or tax change meets an emergency designa- equipment’’ (clause 1(b)(2) of rule XXIV); and practice that has become routine during the tion include: (1) necessary, essential, or vital (11) Corrects an internal cross reference 110th Congress. (not merely useful or beneficial); (2) sudden, (clause 5(i)(2) of rule XXV). (g) INSTRUCTIONS IN THE MOTION TO RECOM- quickly coming into being, and not building SEC. 3. SEPARATE ORDERS. MIT.— up over time; (3) an urgent, pressing, and (a) BUDGET MATTERS.— This provision amends clause 2(b) of rule compelling need requiring immediate action; (1)–(3) These three provisions retain in- XIX to provide that a motion to recommit a (4) unforeseen, unpredictable, and unantici- structions on the interpretation of sections bill or joint resolution may include instruc- pated; and (5) not permanent, but rather 303, 306, and 401 of the Congressional Budget tions only in the form of a direction to re- temporary in nature. With respect to the Act, that have been in place since the 106th, port a textual amendment or amendments fourth criterion above, an emergency that is 107th, and 109th Congresses, respectively. back to the House forthwith. The provision part of an aggregate level of anticipated (4) This provision would retain the point of makes no change to the straight motion to emergencies, particularly when normally es- order against the motion to rise and report recommit. timated in advance, is not ‘‘unforeseen.’’ an appropriations bill to the House where (h) CONDUCT OF VOTES.— (k) DISCLOSURE BY MEMBERS OF EMPLOY- the bill, as proposed to be amended, exceeded In response to the bipartisan recommenda- MENT NEGOTIATIONS.— its 302(b) budget allocation. The point of tion of the Select Committee to Investigate This provisions amends clause 1 of rule order was created in the 109th Congress and the Voting Irregularities of August 2, 2007, XXVII to close the loophole in the rule that continued in the 110th Congress. this provision deletes the following sentence allowed lame-duck Members, Delegates, and (b) CERTAIN SUBCOMMITTEES.— in clause 2(a) of rule XX: ‘‘A record vote by the Resident Commissioner to directly nego- This provision would continue to waive the electronic device shall not be held open for tiate future employment or compensation requirements of clause 5(d)(1) of rule X, the sole purpose of reversing the outcome of without public disclosure. The rule will now which limits the number of subcommittees such vote.’’ apply to all current Members, Delegates, and for each committee to five, for the following (i) GENERAL APPROPRIATION CONFERENCE the Resident Commissioner requiring them, committees: Armed Services, Foreign Af- REPORTS.— within 3 business days after the commence- fairs, and Transportation and Infrastructure. This provision codifies House Resolution ment of such negotiation or agreement of fu- (c) EXERCISE FACILITIES FOR FORMER MEM- 491, 110th Congress, which was adopted by ture employment or compensation, to file BERS.— This provision continues the standing unanimous consent. The provision provides a with the Committee on Standards of Official order of the House, first adopted in the 109th point of order against any general appropria- Conduct a statement regarding such negotia- Congress, which prohibits former Members, tions conference report containing earmarks tions or agreement. spouses of former Members, and former offi- that are included in conference reports but (l) GENDER NEUTRALITY.— cers of the House from using the Members not committed to conference by either House This provision amends the Rules of the gym if those individuals are registered lob- and not in a House or Senate committee re- House to render them neutral with respect to byists. port on the legislation. A point of order gender. These changes are not intended to ef- (d) NUMBERING OF BILLS.— under the provision would be disposed of by fect any substantive changes. This provision continues the practice of re- ECHNICAL AND CODIFYING CHANGES.— the question of consideration, which would (m) T serving the first 10 bill numbers for designa- Upon the recommendation of the Parlia- be debatable for 20 minutes equally divided. tion by the Speaker throughout the 111th mentarian, this provision contains the fol- (j) PAYGO.—This provision amends clause Congress. 10 of rule XXI to make the following lowing technical and codifying changes: (e) MEDICARE COST CONTAINMENT.— changes: (1) Clarify that the authority of the Clerk This provision turns off Section 803 of the (1) A technical amendment to align the to receive messages on behalf of the House Medicare Prescription Drug, Improvement, PAYGO rules of the House with those of the includes both recesses and adjournments and Modernization Act of 2003 during the Senate so that both houses use the same CBO (clause 2(h) of rule II); 111th Congress. baselines; (2) Restore the Speaker’s regulatory au- SEC. 4. COMMITTEES, COMMISSIONS, AND HOUSE (2) The changes would also allow one thority for all of rule IV (regarding access to OFFICES. House-passed measure to pay for spending in the House floor), which was inadvertently (a) SELECT COMMITTEE ON ENERGY INDE- a separate House-passed measure if the two narrowed when the House last amended PENDENCE AND GLOBAL WARMING.— are linked at the engrossment stage; and clause 4 of rule IV by the adoption of House This provision continues the Select Com- (3) The changes would also allow for emer- Resolution 648, 109th Congress (clause 4(b) of mittee on Energy Independence and Global gency exceptions to PAYGO for provisions rule IV); Warming through the 111th Congress. designated as emergency spending in a bill, (3) Clarify that the scheme set forth in the (b) HOUSE DEMOCRACY ASSISTANCE COMMIS- joint resolution, amendment made in order rule for temporary management of a com- SION.— as original text, conference report, or mittee will apply pending the House filling a This provision continues the House Democ- amendment between the Houses (but not permanent vacancy of a chairman (clause racy Assistance Commission. other amendments). 5(c) of rule X); (c) TOM LANTOS HUMAN RIGHTS COMMIS- The new clause 10(c)(3) of rule XXI provides (4) Clarify that the majority-party Member SION.— that the Chair will put the question of con- in the next Congress, who was most senior on This provision continues the Tom Lantos sideration on a bill, joint resolution, an the committee in the preceding Congress, Human Rights Commission except that it al- amendment made in order as original text by has voucher authority pending establish- lows the Commission to collaborate closely a special order of business, a conference re- ment and repopulation of the committee with professional staff members of other rel- port, or an amendment between the Houses (clause 7(e) of rule X); evant committees and to use resources that that includes an emergency PAYGO designa- (5) Delete an unnecessary cross reference the Committee on Foreign Affairs is author- tion. The Chair will put the question of con- (clause 8(a) of rule X); ized to obtain from other offices of the sideration on such a measure without regard (6) Reinsert the exception, inadvertently House. to a waiver of points of order under clause 10 dropped in recodification in the 106th Con- (d) OFFICE OF CONGRESSIONAL ETHICS.— of rule XXI or language providing for imme- gress, that privileged matters are not auto- This provision continues the Office of Con- diate consideration of such a measure. matically laid on the table when reported ad- gressional Ethics and provides that the Of- The intent of this exception to pay-as-you- versely (unlike nonprivileged matters re- fice shall be treated as a standing committee go principles is to allow for consideration of ported adversely, which are automatically of the House for purposes of section 202(i) of measures that respond to emergency situa- laid on the table) (clause 2(a) of rule XIII); the Legislative Reorganization Act of 1946, tions. Provisions of legislation may receive (7) Correct an internal cross reference concerning consultants for Congressional an emergency designation if such provisions (clause 5(c)(3) of rule XX); committees.

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 13

(e) EMPANELLING INVESTIGATIVE SUB- deposition other than members, Committee the Committee may direct the Clerk of the COMMITTEE OF THE COMMITTEE ON STANDARDS staff designated by the chair or designated Committee to note any typographical errors, OF OFFICIAL CONDUCT.— minority member, such individuals as may including any requested by the deponent or This provision continues House Resolution be required to administer the oath or affir- minority staff, via an errata sheet appended 451, 110th Congress, directing the Committee mation and transcribe or record the pro- to the transcript. Any proposed substantive on Standards of Official Conduct to empanel ceedings, the deponent, and the deponent’s changes, modifications, clarifications, or investigative subcommittees within 30 days counsel (including personal counsel and amendments to the deposition testimony after the date a Member is indicted or crimi- counsel for the entity employing the depo- must be submitted by the deponent as an af- nal charges are filed. nent if the scope of the deposition is ex- fidavit that includes the deponent’s reasons (f) CONTINUING AUTHORITIES FOR THE COM- pected to cover actions taken as part of the therefor. Any substantive changes, modifica- MITTEE ON THE JUDICIARY AND THE OFFICE OF deponent’s employment). Observers or coun- tions, clarifications, or amendments shall be GENERAL COUNSEL.— sel for other persons or entities may not at- included as an appendix to the transcript. This provision authorizes the Committee tend. Majority and minority staff both shall be on the Judiciary and the House General Questions in a deposition shall be pro- provided with a copy of the final transcript Counsel to continue the lawsuit derived from pounded in rounds, alternating between the of the deposition with any appendices at the the House holding White House Chief of Staff majority and minority. A single round shall same time. Josh Bolten and former White House Counsel not exceed 60 minutes per side, unless the SEC. 5. SPECIAL ORDERS OF BUSINESS. Harriet Miers in for members or counsel conducting the deposi- This section consists of a special order of failure to comply with Judiciary Committee tion agree to a different length of ques- business providing for consideration of the subpoenas, which was initiated in the 110th tioning. In each round, a member or Com- following two bills (the text of each of which Congress. With respect to the continued in- mittee counsel designated by the chair shall is identical to the 110th House-passed vestigation into the firing of certain United ask questions first, and the member or Com- versions): States Attorneys, this provision authorizes: mittee counsel designated by the designated (1) H.R. 11—Lilly Ledbetter Fair Pay Act, (1) the chairman of the Judiciary Committee minority member shall ask questions second. to amend title VII of the Civil Rights Act of to issue subpoenas and (2) the taking of depo- Any objection made during a deposition 1964, the Age Discrimination in Employment sitions by Members or counsel, which shall must be stated concisely and in a non-argu- Act of 1967, the Americans with Disabilities be governed by rules printed in the Congres- mentative and non-suggestive manner. The Act of 1990, and the Rehabilitation Act of sional Record by the Rules Committee chair deponent may refuse to answer only when 1973 to clarify that a discriminatory com- or otherwise prescribed by the Judiciary necessary to preserve a privilege. In in- pensation decision or other practice that is Committee; and (3) the Judiciary Committee stances where the deponent or counsel has unlawful under such Acts occurs each time and General Counsel to add as a party to the objected to a question to preserve a privilege compensation is paid pursuant to the dis- lawsuit any individual subpoenaed by the and accordingly the deponent has refused to criminatory compensation decision or other Committee in the 110th Congress who failed answer the question to preserve such privi- practice, and for other purposes, and to comply. lege, the chair may rule on any such objec- (2) H.R. 12—Paycheck Fairness Act, to Judiciary Committee Deposition Rules: In ac- tion after the deposition has adjourned. If amend the Fair Labor Standards Act of 1938 cordance with the Committee receiving spe- the chair overrules any such objection and to provide more effective remedies to vic- cial authorization by the House for the tak- thereby orders a deponent to answer any tims of discrimination in the payment of ing of depositions in furtherance of a Com- question to which a privilege objection was wages on the basis of sex, and for other pur- mittee investigation, the chair, upon con- lodged, such order shall be filed with the poses. sultation with a designated minority mem- clerk of the Committee and shall be provided The special order allows for separate con- ber, may order the taking of depositions pur- to members and the deponent no less than sideration of each measure under a closed suant to notice or subpoena. The designated three days before being implemented. rule. After adoption of the second bill, the minority member shall be the ranking mi- If a member of the Committee appeals in text of H.R. 12 will be added to H.R. 11 and nority member or, if a ranking minority writing the order of the chair, the appeal H.R. 12 will be laid on the table. member has not been elected, the highest shall be preserved for Committee consider- Mr. Speaker, I reserve the balance of ranking member of the Committee as it was ation. A deponent who refuses to answer a my time. constituted at the end of the preceding Con- question after being directed to answer by Mr. DREIER. Mr. Speaker, I yield gress who is a member of the minority party the chair in writing may be subject to sanc- in the present Congress. tion, except that no sanctions may be im- myself such time as I may consume. The chair or majority staff shall consult posed if the ruling of the chair is reversed on Mr. Speaker, I begin by thanking my with the designated minority member or mi- appeal. Consistent with clause 2(k)(8) of rule good friend from Rochester, the distin- nority staff, respectively, at least two days XI of the Rules of the House of Representa- guished Chair of the Committee on before any notice or subpoena for a deposi- tives, the committee shall remain the sole Rules, Ms. SLAUGHTER, for yielding me tion is issued. Upon completion of such con- judge of the pertinence of testimony and evi- the customary 30 minutes. And I con- sultation, all members shall receive written dence adduced at its hearings. gratulate her and all of our colleagues notice that a notice or subpoena for a deposi- Deposition testimony shall be transcribed on their membership in the 111th Con- tion will be issued. by stenographic means and may also be gress. A notice or subpoena issued for the taking video recorded. The Clerk of the Committee of a deposition shall specify the date, time, shall receive the transcript and any video re- As we have heard from the speeches and place of the deposition and the method cording and promptly forward such to minor- delivered by the Speaker and the Re- or methods by which the deposition will be ity staff at the same time the Clerk distrib- publican leader, today marks the start recorded. The chair shall designate the num- utes such to other majority staff. of the 111th Congress, ber of majority members and majority coun- The individual administering the oath, if for the first branch and for the people’s sel to conduct the deposition; the designated other than a member, shall certify on the House. minority member shall be permitted to ap- transcript that the deponent was duly sworn. As was stated, 2 weeks from today we point an equal number of minority members The transcriber shall certify that the tran- are going to be making history with and an equal number of minority counsel to script is a true, verbatim record of the testi- conduct the deposition. mony, and the transcript and any exhibits the inauguration of Barack Obama. A deposition shall be taken under oath or shall be filed, as shall any video recording, President-elect Obama has already affirmation administered by a member or a with the clerk of the Committee in Wash- reached out to congressional Repub- person otherwise authorized to administer ington, DC. In no case shall any video re- licans, expressing his desire to work oaths and affirmations. cording be considered the official transcript with us in this new Congress. A deponent shall not be required to testify of a deposition or otherwise supersede the We all know very well what an hon- unless the deponent has been provided with a certified written transcript. Depositions orable campaign Mr. Obama ran. While copy of such rules of procedure then in being shall be considered to have been taken in I didn’t support his candidacy, I, like prescribed by the Committee, this rule as ap- Washington, DC, as well as the location ac- many of my colleagues and fellow plicable, section 4 of House Resolution 5, and tually taken, once filed with the clerk of the rule X and rule XI of the Rules of the House Committee for the Committee’s use. Americans, was inspired by his mes- of Representatives. After receiving the transcript, majority sage of hope, unity, and change for the A deponent may be accompanied at a depo- staff shall make available the transcript for future. sition by counsel to advise the deponent of review by the deponent or deponent’s coun- b 1445 the deponent’s rights. Only members and sel. No later than ten business days there- Committee counsel, however, may examine after, the deponent may submit suggested He laid out a vision that replaces bit- the deponent. No one may be present at a changes to the chair. The majority staff of terness with bipartisanship, cynicism

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 14 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 with a sincere commitment to a bright- abide by the rules and traditions of the to move beyond the divisiveness of pol- er future. House and still succeed legislatively. itics and to work together. I can only Of course, there is a great divergence By contrast, in the 110th Congress, imagine the chagrin at his own party, of opinion on the details of exactly how the Democratic leadership chose, in- their attempt to undermine his best ef- we reach that brighter future. Congres- stead, to resort to procedural gim- forts. Today’s rules package is a huge sional Republicans have our agenda. mickry to advance their agenda. They step backward. It sets the stage for We feel very strongly about it. We are had every legislative advantage as the even more closed, bitter, rancorous de- committed more than ever to the prin- majority party, and yet they felt com- bate. ciples for which we stand. But we pelled to trample the traditions of the The next major item on the agenda is wholeheartedly agree with Mr. Obama House, rather than build consensus or more than a $1 trillion stimulus pack- that the way forward is through open, engage in actual deliberation. They age. Republican Leader inclusive debate, a strong spirit of bi- went so far as to shut down the appro- has laid out several modest, but criti- partisanship and the sincere pursuit of priations process to avoid open debate. cally important, requests for an open common ground. Mr. Speaker, as for the motion to re- process. There should be public hear- Unfortunately, the high-minded rhet- commit, that one single opportunity, ings. The text should be available on- oric of the Presidential campaign only that one single opportunity for minor- line for a full week prior to a vote. highlights the pure cynicism of this ity input, the Democratic leadership There should be no special-interest ear- rules package that we are considering frequently resorted to legislative marks. today. The Democratic leadership of tricks to deny it. These are commonsense guidelines this House is poised to consider, as its Now, the Democratic leadership is no that are widely supported by the Amer- very first legislative act of this Con- longer content to shut down debate on ican people. They understand that our gress, a rules package that literally an ad hoc basis. They are making it of- response to the economic crisis is too shreds the Obama vision. ficial with this rules package. The un- important to allow it to be slapped to- I am going to repeat that, Mr. Speak- derlying resolution contains a host of gether in secret behind closed doors er. The package that we are going to be new procedural gimmicks to stifle de- and rammed through the House. Both voting on today literally shreds the bate and to perpetuate partisanship. Democrats and Republicans have a Obama vision. Fourteen days before he This resolution changes the rules of number of good ideas that should be is even inaugurated into office, the the House to formally limit, to for- considered and debated. President-elect’s plan for unity and bi- mally limit, the motion to recommit. Today I will be pursuing an economic partisanship is being obstructed by his This limitation prevents any bill from recovery package that focuses on pro- own party. being returned to committee for fur- growth policies. I am introducing a trio This rules package takes the abysmal ther deliberation. It restricts Members’ of bills aimed at growing our economy record of the last Congress and actu- ability to strip out tax increases. Ap- by simplifying and reducing the tax ally makes it more restrictive. You parently, the Democratic majority be- burden on individuals and job creators, will hear a lot today about arcane pro- lieves tax increases are sacred, but jump-starting our housing market and cedural tactics and wonder how it has open debate is not sacred. reviving the auto industry. any relevance to the problems that we This rules package also manipulates I hope we can move forward on these face as a nation. But these changes, our budget rules, once again, to protect kinds of policies, but neither I nor my Mr. Speaker, have enormous con- tax increases, as well as to protect colleagues ask to prejudge the outcome sequences for the conduct and outcome spending increases. You see, Mr. of those debates. We simply ask that of our policy debates. Speaker, the Democratic leadership that debate take place. Mr. Speaker, process is substance. As not only spent the last Congress shut- Majority Leader HOYER agrees, and we tackle enormously important issues ting out Republicans, they also had to said so on an interview that he had this like, as everyone has said, getting our find clever ways to shut out fiscally past Sunday. We can only hope he is economy back on track, we cannot conservative Democrats. Trying to able to convince the Speaker to keep achieve a good outcome without a good build consensus within their own party the process open and transparent. If process. We are very attuned to the was very time consuming. They her leadership’s first legislative act of concept of history being made right learned their lesson, though. This rules this Congress is any indication, it now and 2 weeks from today, so per- package guts the budget rules that won’t be a fruitful endeavor. haps we should look at history. many Democrats hold so dear. Mr. Speaker, today’s new beginning The motion to recommit, as we know The laundry list of rules changes is nothing more than a new low for the it today, was granted to the minority goes on. They cut term limits for com- Democratic majority. Their cynicism 100 years ago following a rebellion mittee chairmen, they scrap Medicare and manipulation is all the more dis- against the most dictatorial Speaker of cost-containment measures. And if all mal against the backdrop of President- the last century, Joseph Gurney this weren’t enough, they include com- elect Obama’s vision for hope, unity ‘‘Uncle Joe’’ Cannon. This motion en- pletely closed rules, completely closed and change for the better. The Demo- sures that the minority gets at least rules for the two bills that will be con- cratic majority’s actions today do not one opportunity, one opportunity to sidered later this week without ever represent change that fulfills hope. offer an amendment or an alternative. having the Rules Committee meet. Ap- This is change that denies hope. During the Democrats’ 40-year reign, parently, the Democratic leadership Mr. Speaker, I urge my colleagues to they routinely denied Republicans, scoured the House rules for account- oppose this rules package. often dozens of times in a Congress, the ability and transparency measures and I reserve the balance of my time. single bite at the apple, one oppor- systematically dismantled what they Ms. SLAUGHTER. Mr. Speaker, I am tunity to offer an alternative. Mr. found. pleased to yield 5 minutes to the vice Speaker, when we took the majority in So much, Mr. Speaker, for the Obama chair of the Rules Committee, the gen- 1995, we guaranteed the right of the vision. While he is calling for the most tleman from Massachusetts (Mr. motion to recommit, and we never, we transparent administration in our Na- MCGOVERN). never denied it. tion’s history, his congressional Demo- Mr. MCGOVERN. I want to thank the This body has always been governed crats are launching the most closed gentlelady from New York, the distin- by majority rule. The majority has a Congress in history. guished Chair of the Rules Committee, number of tools at its disposal, not But I believe that President-elect for yielding me the time. least of which is the Rules Committee Obama is sincere. Since the day he was First, let me congratulate Speaker itself, on which I am privileged to elected, he has been reaching out to PELOSI as she begins her second term serve. That’s how they advance their Republicans. He has called many of us as Speaker of the House. I also want to agenda. An effective majority can individually to express a sincere desire congratulate my colleagues for their

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 15 elections, and I welcome our new col- we offered to accept their motion in re- takes a very strong, a very significant leagues to the House of Representa- turn for not killing the bill, the Repub- step toward unaccountability. tives. lican minority refused. They chose So it is really a sad day for this Our Nation is facing very challenging talking points over accomplishments. House, that the House, the leadership, times. Twelve years ago, when I was They chose to be the party of obstruc- the majority leadership, would com- first elected to Congress, our economy tionism, not offering alternatives, but mence this Congress by retrogression, was still growing, and we were looking instead trying to derail the entire proc- by taking such a significant and unfor- at a significant budget surplus. Our ess for political gain. It’s a cynical way tunate step towards unaccountability, world was relatively peaceful. Now, to do business. severely limiting the option, the abil- after 8 years of reckless and wasteful That’s not legislating, and it’s not ity of the minority to offer an alter- spending, and after an ill-advised war, what the voters sent us here to do. I native known for 100 years and re- we face a global economic meltdown strongly disagree with those who say spected in this House as the motion to and international instability that seem modernizing the motion to recommit is recommit. to be spreading all too quickly. undemocratic. Let me be clear, any b 1500 In November, the American people Member who opposes a bill still has the Ms. SLAUGHTER. Mr. Speaker, I am elected a new President and larger ability, indeed, the responsibility, to pleased to yield 2 minutes to the gen- Democratic majorities in the Congress. vote ‘‘no.’’ tlewoman from Florida (Ms. CASTOR). The voters sent a very clear message. Congressional scholar Norm Ornstein Ms. CASTOR of Florida. Mr. Speaker, Things have got to change here in said it best, and I quote, ‘‘A minority I thank the gentlewoman, the Chair of Washington, and Congress has to ac- party deserves the right to be heard the Rules Committee, for yielding the complish things. and to have alternatives considered, time. We know that Congress will need to but with those rights comes respon- Mr. Speaker, this rules package also act quickly and responsibly in order to sibilities. If the minority uses the op- contains the first step in the march to- pass legislation to help our Nation portunity to offer amendments to ex- wards economic recovery in that it al- solve our economic and foreign policy ploit cynically the opening for political lows consideration by this Congress for problems. This rules package is de- purposes—through ‘gotcha’ amend- the Paycheck Fairness Act and the signed to help us do just that. This is a ments designed to offer 30-second at- Lilly Ledbetter Act. We are going to good package, and I am pleased to sup- tack ads against vulnerable majority reverse a very anachronistic decision port it today. lawmakers, or through poison pill al- by the United States Supreme Court There are many important parts this ternatives designed only to scuttle a relating to job discrimination based on package. I am pleased that this is first bill, not to offer a real alternative—it sex. You see, in this country, working rules package that is gender neutral. soon will lose its moral high ground for women are still earning only 78 cents There are other technical fixes in- objecting to majority restriction on de- for every dollar that a man makes in cluded in this package that will help bate and amendments.’’ the same position oftentimes; and de- the House operate more smoothly and Mr. Speaker, I finally would like to spite the attempts by this Congress efficiently. point out that in this package is in- during the 110th Congress, we were un- One of the major changes, as we have cluded H. Res. 5, which is the reauthor- able to beat back the opposition of the heard, in this package deals with the ization of the Tom Lantos Human White House. motion to recommit, which is modern- Rights Commission. The United States Well, this is a new day and a new di- ized in this package. Specifically, the must reclaim its moral authority on rection for America, because now we minority will no longer be able to offer human rights. I am honored to cochair will have someone in the White House a ‘‘promptly’’ motion to recommit, that commission along with my good who will value equal opportunity in which sends bills back to committee friend FRANK WOLF of Virginia, and I employment and education and hous- with no timetable for return, essen- look forward to working with him and ing and other fields. Indeed, the Presi- tially killing the bill. our other Members to advance the dent-elect has stated that he intends to The minority, however, will have the cause of human rights around the invite Ms. Ledbetter to the White ability to offer a proper ‘‘forthwith’’ world. House, and he understands that this motion or a ‘‘straight’’ motion. But no Again, I want to thank the bill is part of a broader effort to update longer will the minority be able to gentlelady from New York, our distin- the social contract, to value equal pay abuse the process by offering political guished Chair of the Rules Committee, for equal work. amendments designed to either kill a for the time. This is something that Congress- bill without actually voting against it Mr. DREIER. Mr. Speaker, I would woman ROSA DELAURO, Speaker NANCY or to provide fodder for a 30-second po- like to yield 2 minutes to my good PELOSI and Rules Committee Chair litical ad. friend from Miami, the hardworking LOUISE SLAUGHTER have fought for year During the 12 years while Democrats member of the Committee on Rules, after year after year, to realize the eco- were in the minority, we offered only Mr. DIAZ-BALART. nomic recovery in our households 36 ‘‘promptly’’ motions to recommit. I will say as I do that, Mr. Speaker, across America, many headed by single Over the past 2 years, Republicans of- that we would never have con- women. This is the important first step fered 50 of these motions. templated denying the then-minority this Congress will take as part of the Following the 2006 elections that what is being denied us under this economic recovery and reinvestment. brought Democrats back into the ma- measure. Mr. DREIER. Will the gentlewoman jority in the House, the new Repub- Mr. LINCOLN DIAZ-BALART of yield? lican minority had two options, either Florida. Mr. Speaker, for 100 years, the Ms. CASTOR of Florida. I yield back work in a bipartisan way to address the motion to recommit has really been the balance of my time. needs of the American people, or ob- sacrosanct in this House, and the es- Mr. DREIER. Mr. Speaker, let me struct the business of this House sence of representative democracy is, just say that the spirit of the debate through gotcha-style politics. Unfortu- yes, rule by the majority with respect here, refusal to yield, is indicative of nately, too often they chose the latter. to the rights of the minority. exactly what this rules package con- The motion to recommit was not de- Today, history will record that in sists of. signed for this purpose. It was designed this rules package by the majority, the With that, Mr. Speaker, I would like to be a tool for legislating, not a polit- severe limitation of the right of the to yield 2 minutes to our very good ical weapon. Repeatedly, the Demo- minority to offer an alternative in leg- friend from Springfield, (Mr. cratic majority attempted to work islation, this severe limitation of the BLUNT). with the Republican minority on their motion to recommit, is a sad, unfortu- Mr. BLUNT. Mr. Speaker, I thank motions to recommit, but every time nate, and wholly unnecessary step that the gentleman for yielding.

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 16 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 Mr. Speaker, I think we are here apply. And, by the way, nothing stops this game playing and this charade— today on the minority side as perhaps you from making this a revolving door, well, it is not a charade, because that victims of our own success in the last Mr. Speaker. People can keep doing is talking. They are interested in this Congress. We clearly were able to use this. pretense whereby you try to slow a bill this as the only tool that we often had The motion to recommit, Members down because you aren’t willing to available to us, and we used it with have said on the other side they want vote against it. great success. We used it with great to be able to offer an alternative. Noth- So if this rules package passes, there success that didn’t destroy the legisla- ing in this proposal in any way dimin- will be two options for the minority: tive process. In fact, many days the ishes their ability to offer an alter- They can move to send the bill back to legislative process had already been de- native. They are fully able to offer an committee, that can still be done, the stroyed. There was no committee alternative as an amendment. What motion to send it back to committee . There was no hearing. Often they will be losing here is a legislative will still be there; or they can move to the bills came from somewhere, the Ponzi scheme in which you pretend to amend it on the floor. Their ability to leader’s office, the Speaker’s office. We be something you are not. offer an alternative is in no ways didn’t know where they came from be- Here is the way it works: If the mi- changed. cause we didn’t see them until the day nority wants under any bill to offer a What they can’t do is to pretend to they were headed to the floor or the motion to recommit, as the rule will be amending the bill by putting for- day before they were headed to the now read if this passes, they can offer ward very popular language that would floor. We weren’t given amendments, a motion to recommit with a germane pass overwhelmingly, but doing it in a we weren’t given substitutes, but we amendment that is binding, and if it is way that in effect sends the bill back were given 100 years ago these tools in adopted, the bill is amended on the to committee which doesn’t allow the the motions to recommit. spot. But they often don’t want to do House to adopt that amendment, and The majority would probably argue that. Often their amendments are real- then they want to be able to say Mem- that somehow this makes the process ly disguises for opposition to the bill in bers weren’t in favor of this non- unworkable. But there are a number of general. So they take an amendment controversial piece. examples in the last Congress where that would pass virtually unanimously So it is a legislative Ponzi scheme. It the process was very workable. because it is so popular and say it is a pretense. It is something that The Public Housing Management Act should be done in a way that sends the ought to be abolished. It does not add that was brought to the floor February bill back to committee rather than to at all to the legitimacy of debate. 26 by Mr. SIRES, Mrs. BACHMANN offered amend the bill. Let’s adopt this rules change. The a motion to recommit to block the So let’s be very clear. Their ability minority will have the two options, Federal Government from restricting to offer a motion that is an amendment and that is all that democracy re- possession of otherwise legal firearms to the bill is in no way diminished by quires. for these residents. When she offered this. It is in no way changed. It is ex- Mr. DREIER. Mr. Speaker, at this the motion, the bill was pulled. The actly the same. What they lose is the time I am happy to yield 2 minutes to committee then met, as the motion ability to take something that would my good friend from Richmond, Vir- would have required them to do, added pass overwhelmingly if they would ginia (Mr. CANTOR), the distinguished that provision to the bill, and brought allow a serious vote on it and use it as Republican whip. it back to the floor a few days later. a way to get a bill sent back to com- Mr. CANTOR. Mr. Speaker, I thank The AmeriCorps bill to authorize and mittee for purposes of delay. the gentleman. expand AmeriCorps was considered in Now, the gentleman is right. It Mr. Speaker, you don’t have to look March of 2008. Mr. KUHL made a motion doesn’t always work. Sometimes the far to see that families across this to recommit that was prompt in nature bill survives. Sometimes it doesn’t. country are gripped with a tremendous to prohibit sex offenders and murderers There is often a traffic jam on the amount of fear and uncertainty. They from receiving these grants. The bill floor. There are also cases where time- fear for their jobs, if they have one. was pulled. Six days later, the same liness is important, where the adminis- They fear for their future as they see bill was brought up including Mr. tration may be about to do something their 401(k)s, their college savings ac- KUHL’s language. The idea that this ruins the process we want to stop them from doing and counts collapse. They fear that their or the idea that a bill that you have we want to be able to move reasonably elected leaders don’t get it. They fear never seen before the day it is coming quickly. that this Congress may very well be in- to the floor or the day before it is com- I will say this with regard to where capable of change, incapable of pro- ing to the floor, we don’t need to have he said bills came from nowhere. The ducing the kind of results that they tools to bring new ideas to the floor, is bills where this tactic, this Ponzi want and to get it right. just wrong. I urge that this rules pack- scheme has been used, on bills that Under existing House rules, when a age be defeated. have come out of the Financial Serv- bill is brought to the floor that in- Ms. SLAUGHTER. Mr. Speaker, I am ices Committee, were not those bills. cludes a tax increase, the minority has delighted to yield 4 minutes to the gen- They were bills where there had been a right to offer a motion to strike that tleman from Massachusetts (Mr. open amendment processes, where I increase; and the Republican minority FRANK), the chair of the Financial have often gone to the Rules Com- had done that on nearly half a dozen Services Committee. mittee and asked for amendments to be occasions over the past 2 years. Mr. FRANK of Massachusetts. The in order. With this rule change now, though, former minority whip has just proved In fact, in my experience, the com- House Democrats are trying to push the opposite of his case. In the one in- mittee of jurisdiction leadership has no through what we Republicans will no stance that he refers to where a bill input into these motions. I have asked. longer have, the ability to say ‘‘no’’ to came out of the committee which I There are amendments offered on the higher taxes. We will not be able to chair, we were prepared to accept that floor that were never offered in com- simply strike a tax increase and de- amendment on the floor. It was offered mittee when they had a chance to be mand an up or down vote. In fact, the promptly. We asked if it could be done, offered, and I will guarantee you that only option we will have would be to as we often did, as forthwith, and it is a fact, because the purpose is not to replace one tax increase with another. could have been adopted on the floor. amend the bill. If you were trying to There will be no ability for us to cut In that case it wasn’t 6 days, it took amend the bill, you offer the motion to taxes to lighten the burden on the mid- several weeks, because we cannot drop recommit in a way that amends it on dle-class families that are hurting everything and get to a bill. the floor. That is not good enough for right now. Now, understand that when a bill is them, because they are not interested One can see that this rule change sent back to a committee, all the rules in substance. They are interested in makes it a lot easier for the Democrat

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 17 majority to in fact hide tax increases erything he said since he won the elec- Mr. PENCE. Mr. Speaker, the Repub- inside other larger bills. In fact, that is tion 2 months ago. lican Members of the 111th Congress why all of us are sitting here scratch- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE collectively represent more than 100 ing our heads. If the House Democrats The SPEAKER pro tempore. Mem- million constituents in this Nation. feel a tax increase is necessary, then bers are reminded to direct their re- The changes that are being con- why wouldn’t they allow for a full and marks to the Chair. templated by the majority today rep- open debate? Why not let the American Ms. SLAUGHTER. Mr. Speaker, I am resent an erosion, not of the interests people have a say? Why not let the pleased to yield 2 minutes to the gen- of elected officials, not even of the in- hardworking people of this country tleman from Massachusetts (Mr. terests of a political party, but, Mr. hear why Washington is once again FRANK). Speaker, I say with respect, it rep- looking to take more of their hard resents an erosion of the interests rep- b 1515 earned money? resented in this place of over 100 mil- Either way, what is clear, this type Mr. FRANK of Massachusetts. The lion Americans. of partisan rules change flies in the gentleman from said, why As I listen to this debate, I can’t help face of a new era of openness and trans- will the majority not in some instances but wonder what our constituents who parency that President-elect Obama agree with the minority? That’s the might be looking down from the gal- has promised. I take the President- problem. We are talking about cases lery and looking in from elsewhere are elect at his word. I believe he wants where we in the majority have tried to thinking. How does this affect them? transparency, openness, and debate. I agree with the minority, and they Instructions being promptly or forth- believe he wants Washington to begin would not be agreed with. They would with, motions to recommit. to do business differently. I believe he not take yes for an answer. But really what we are here to object is serious in wanting Congress to work This is the issue: if they offer a mo- to in this rule package is really the together for the good of all of our con- tion to recommit and it says forthwith, death of democracy in the Democratic stituents. But apparently that word and they win the vote, the bill is Congress. What we do not wish to see is hasn’t made its way down to the lead- amended. If they offer an amendment a return to the heavy-handed imperial ership of the House. to a bill, not having offered it in com- Congress days that ruled Ms. SLAUGHTER. Mr. Speaker, I re- mittee, not having gone to the Rules for some 40 years. And walking away serve my time. Committee to ask it to be on the floor, from the provision of the current rules Mr. DREIER. Mr. Speaker, at this if they take a noncontroversial popular that allows the minority to offer a mo- time I am happy to yield 2 minutes to issue and offer it as the motion to re- tion to recommit that would be our very good friend from Menomonee commit, but say it should be sent to promptly reported back erodes those minority interests. Repealing term Falls, Wisconsin (Mr. SENSENBRENNER). the committee and reported back Mr. SENSENBRENNER. I thank the promptly, we have tried to agree with limits on committee chairmen erodes gentleman very much. them, and they have refused. This lit- the fundamental principles of reform Mr. Speaker, I am beginning my 31st erally is a way to not take yes for an that the American people voted over- year here, and one of the things that I answer; it’s a way to take something to whelmingly into this well in 1994. And so, as we prepare, 2 weeks from have learned both being in the major- which the majority would like to today, to receive a new President of ity and being in the minority is that agree. the United States of America, as we procedural fairness is the antithesis to I have been here when I, and when are just a few hours past bipartisan partisanship. I want to repeat that: the majority leader has said, in such a speeches, it is important to know and Procedural fairness is the antithesis to situation, could we get unanimous con- to remind the American people that partisanship. This rules package, and sent to simply agree to that now, and rules matter. The rules on the back of particularly the changes in the motion the minority has said no. a box of a board game matter, and the to recommit, will bring about more Well, people have a right not to be rules of the House matter; and they partisanship, and I would ask my agreed with. People have a right not to matter because they determine wheth- friends on the majority side to recon- be agreeable. Some indulge that right er or not the interest of all Americans sider what they are proposing here. more than others. But you don’t have a will be represented in this place. The previous speakers on the Repub- right to refuse to be agreed with, and And, sadly, we begin this Congress in lican side have stated instances in the then complain that you weren’t agreed an inauspicious way, learning that last 2 years where it has resulted in ex- with. And that’s all that’s at stake change does not equal reform, and I cessive partisanship because of changes here. urge that we reconsider this rule. that have been made to the motions to So, yes, there are times when the ma- Ms. SLAUGHTER. Mr. Speaker, recommit on an ad hoc basis allowing jority should say yes to the minority, please let me yield myself 1 or 2 min- the majority to pull the bill, their and that should be determined by the utes. One minute, I think, would be choice, not ours, because they set the floor. What we’re saying is the minor- sufficient. I hadn’t planned to do this, schedule, not having motions to recom- ity should not manufacture a situation but I think the RECORD requires it. mit on certain bills and not allowing to in which there is no way to say yes to I want to quote from three of our Re- strike proposed tax increases. them because their goal is patently not publican Members for whom I have What is wrong with debating these to amend that particular bill, because great affection and an awful lot of re- issues? And what is wrong if the major- if it was, they would accept the request spect. The first one, Representative ity of this House of Representatives, that that amendment be accepted. In- Tom Davis, who is not with us this which is 21 seats more Democratic than stead, it is to put a bill back to com- year, stated the minority’s intent to the one that just expired, agrees with mittee because they’re afraid to vote use ‘‘promptly’’ motions to kill legisla- the Republican minority every once in against it. That’s the issue. tion during debate on a motion to re- awhile? What are you afraid of? Are This is used as a way to send bills commit H.R. 1433, the District of Co- you afraid of losing a few more motions back to committee to avoid votes. And lumbia House Voting Rights Act. And to recommit? If that is the motivation this leaves, this package, the minority, let me quote him: ‘‘Let me just say to behind this, shame on you, because you fully able to offer any motion to re- my colleagues, I think the gun ban in are shutting down the process and you commit or send it back to committee. the District is ridiculous, and would are going to result in more partisan- It just says they can’t play games. join my colleagues in overturning it. ship, not less. You are going to result Mr. DREIER. Mr. Speaker, at this The problem is this motion doesn’t do in having the country even more di- time I am happy to yield 2 minutes to that. Instead of bringing it back to the vided, not less, and that goes exactly the gentleman from Columbus, Indiana floor forthwith for a vote and send it to against what our new President has (Mr. PENCE), the Chair of the Repub- the Senate, it simply sends it back to been trying to do with practically ev- lican Conference. the committee, essentially killing it.’’

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 18 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009

Representative JOE BARTON of Texas voted to send the bill back to com- gentleman from Roanoke, Virginia likened motions to recommit promptly mittee. (Mr. GOODLATTE). to gimmicks during debate on H.R. Why would the Democrats in the fu- Mr. GOODLATTE. Mr. Speaker, I was 3693, the Children’s Health Insurance ture want to ignore the views of a ma- here in 1994 when the Republicans Program: ‘‘I will tell my friends on the jority of House Members? gained the majority in the Congress for majority side, it’s not going to be a Mr. Speaker, changing House rules in the first time in 40 years, and remem- gimmick. I think it will say forthwith, a way that silences the voice of the ber the reforms that we put into place, which means if we adopt it, we vote on people’s elected representatives stran- term limits on committee chairmen it.’’ gles democracy. Democrats should re- where before chairmen who could bare- The SPEAKER pro tempore. The consider these undemocratic changes ly walk into this Chamber were serving time of the gentlewoman has expired. to House rules. as Chairs of committees simply be- Ms. SLAUGHTER. I yield myself 30 Ms. SLAUGHTER. Mr. Speaker, I cause of seniority. Well, we’ve thrown seconds. continue to reserve. that out today. I guess that’s change, During the debate on Representative Mr. DREIER. Mr. Speaker, at this but it’s really change back. time I am happy to yield 2 minutes to ’s motion to recommit on I was here in 1994, January of 1995, H.R. 5501, the Lantos-Hyde HIV/AIDS the gentleman from Chester Springs, when we changed the rules on motions Pennsylvania (Mr. GERLACH). Act of 2008, Mr. RYAN acknowledged to recommit to make it easier for the Mr. GERLACH. Mr. Speaker, I rise that ‘‘promptly’’ motions are intended minority to offer motions to recommit. today in opposition to this rules pack- to kill bills. ‘‘This recommit motion is Well, I guess we’ve changed that be- age and, instead, to speak in favor of not intended to kill the bill. This is a cause now you’ve made it more dif- bipartisanship. We are living in chal- forthwith recommit,’’ he said. lenging times, and the American peo- ficult to offer real improvements to I will reserve the balance of my time. ple have grown tired of all the partisan legislation by rolling back the motion Mr. DREIER. Mr. Speaker, may I in- bickering that has plagued our body for to recommit. quire of the gentlewoman how many far too long. Our citizens want us to Yes, we have change in the air, but speakers she has remaining on her side, work together to achieve practical and that change is simply going back. This and how much time is remaining on realistic solutions for all Americans. is not progress for this Congress, and I both sides for this debate? Unfortunately, we’ve wasted energy very much regret that the Democratic Ms. SLAUGHTER. I don’t have any with excessive partisanship in the leg- leadership has chosen to curtail the further requests for time, or at least islative process that, in turn, has led to rights of the minority and to not bring not from anybody who is presently on an inability to achieve fundamental re- forward the kind of progress that the floor, so I will reserve to close. forms and legislative successes. comes from having term limits on com- The SPEAKER pro tempore. The We’ve just witnessed an historic elec- mittee chairmen. question regarding the time remaining tion where the overarching message The new criteria for determining left for debate, the gentlewoman from was the message of change. We need to emergency situations that allow them 1 New York has 6 ⁄2 minutes remaining, listen to our citizens, for they have to waive their own PAYGO rules are and the gentleman from California has spoken. laughable. The rule appears to be that 101⁄2 minutes remaining. But the real change that we need is spending can be designated as emer- Ms. SLAUGHTER. I reserve. for Democrats and Republicans to roll gency spending if it is necessary, un- Mr. DREIER. At this time, I am up their sleeves and work together on foreseen, or temporary in nature. I happy to yield 2 minutes to my friend important legislation such as creating would suspect that the majority be- from San Antonio, Mr. SMITH. jobs, stimulating the economy and in- lieves that all of their spending prior- Mr. SMITH of Texas. Mr. Speaker, I creasing the supply of American-made ities are necessary. thank the ranking member of the energy. These rule changes are an abomina- Rules Committee for yielding. This week I intend to introduce a res- tion, and every taxpayer should be up Mr. Speaker, congressional Demo- olution that would encourage and sup- in arms over these changes and the at- crats have proposed changing House port bipartisanship in the House. Spe- titudes they represent. It is common rules on motions to recommit. These cifically, the resolution would amend sense to American families that they changes are not about some arcane House rules to allow for any amend- cannot spend more than they have, and rule. They are about a pattern of be- ment to be considered on the floor that it is unfortunate that common sense havior on the part of the Democrats has at least one Democrat and one Re- seems to elude Congress. that stifles democracy. publican , is submitted to the It is clear that Congress must be This abuse of power has become a House Rules Committee according to forced to address its spending addic- habit with the Democrats. The Demo- the committee’s amendment submis- tion. The way to accomplish this is crats brought legislation to the floor sion deadline, and does not violate any through an amendment to the Con- under closed rules 64 times in the last other House rule. By the simple fact stitution to require a balanced budget, 2 years. This means there was no op- that it is a joint Democrat and Repub- which I just introduced a few minutes portunity to offer amendments; 61 bills lican amendment makes it bipartisan ago here today, with more than 115 bi- were brought to the floor with less and, therefore, worthy of floor consid- partisan cosponsors. than 24 hours to review the bill text. eration. These rules are not reforms. This breaks the Democrats’ commit- I am hopeful that our leadership will Ms. SLAUGHTER. Mr. Speaker, I ment to allow legislation to be re- not only offer support for this resolu- continue to reserve. viewed for 24 hours before a vote. tion, but will bring it to the floor of Mr. DREIER. Mr. Speaker, at this House Democrats are discarding one the House, giving all of our colleagues time, let me just inquire of the Chair of the Republican minority’s only tools the opportunity to debate and discuss how much time is remaining. to help improve bills and promote bet- its merits. The SPEAKER pro tempore. The gen- ter legislation, the motion to recom- While this resolution will not com- tleman from California has 51⁄2 minutes mit bills promptly. This type of motion pletely solve our problem of partisan- remaining. to recommit allows a majority of the ship, I believe it will be the start of a Mr. DREIER. At this time I am House to say that a bill should be sent process to allow us, regardless of party, happy to yield 1 minute to our great, back to committee for more work. to work together for real legislative relatively new Member from New Orle- For example, last year Republicans successes. ans (Mr. SCALISE). used this tool to guarantee second Ms. SLAUGHTER. I continue to re- Mr. SCALISE. Mr. Speaker, the first amendment rights for the people of the serve. vote in this new Congress gives us a District of Columbia. A majority of Mr. DREIER. Mr. Speaker, at this preview of what the leadership is plan- Members supported this motion and time, I’d like to yield 1 minute to the ning to do, repeal reforms that make

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 19 government more transparent. Over 10 motion to recommit. Included in the stituents as well as to this institution. years the House established rules that motion will be an amendment. This I want to make it absolutely clear, un- open up the legislative process to make amendment is the minority’s attempt equivocally clear, that no intention Congress more accountable. The rules to restore some of the Obama vision of here today is to in any way impede the package we see today undermines the openness, inclusiveness and trans- minority rights. We will defend them accountability we have put in place parency to the underlying rules pack- to the death. and encourages the old way of doing age. But we would have to be Alice in business with back-room deals and dic- First, it would restore the motion to Wonderland, saying that she would be tator-like authority. recommit, which I’ve discussed. It is an able to believe six impossible things By ending term limits for committee important tool that ensures that the before breakfast, if we gave serious Chairs, the Democratic majority is se- minority gets at least one chance, one thought for one moment to the possi- verely restricting opportunities for all bite at the apple, so that 100 million bility that a motion to recommit Members, and is encouraging dictato- Americans represented by Members of promptly is anything other than a way rial-like authority. Six-year term lim- the minority here can be heard. to kill a bill. its for committee Chairs prevents a Second, it would restore term limits What we are trying to do here is to dictatorial concentration of power. for committee chairmanships. expedite the process to get the Obama Since 2006, Congress has seen some of Third, it would change committee agenda, which apparently we are in the lowest approval ratings in history. membership ratios so that all commit- solid agreement on, moved forward be- By giving only a few Members of the tees, except the Rules and Ethics Com- cause the American people are crying House positions of permanent power, mittees, reflect the ratio of Democrats out for it. It must be done. We want to we are only going to perpetuate that and Republicans in the House. This do this fairly. We want to do this equi- lack of trust. would help to ensure that the 100 mil- tably. I hope we can do it with minds Mr. Speaker, the American people de- lion Americans, as I said, who are rep- that meet on all of these subjects, but serve better from us on the first day of resented by Republicans would have we must remove some of the gimmicks this new Congress. I rise in opposition some kind of say in this process. which have done nothing but subvert to these rules changes that roll back Fourth and finally, it would require the will of the House. the clock on important reforms. that all committee votes be available So I am really happy to close with online within 48 hours, a proposal from this. I hope that everybody in the b 1530 the Republican Study Committee. House—all of the new Members whom I Ms. SLAUGHTER. I continue to re- At the end of the last Congress, the congratulate, people who have been serve. Appropriations Committee filed re- here for some time and those of us who Mr. DREIER. Mr. Speaker, I would ports on bills that had been ordered re- have been moderately here for a long just like to say that it doesn’t appear ported months before. The public time—will all, please, get together that we have any other speakers on our should not have to wait to know how today. There is nothing in here that side. their Member voted in committee hurts anyone. We are simply attempt- Is the gentlewoman prepared to close while committee chairmen dragged ing to move forward the business of the debate on hers? their feet. These four improvements United States of America for which we Ms. SLAUGHTER. I am. are about nothing more than exactly swore an oath not an hour ago. Mr. DREIER. I yield myself the bal- what Barack Obama talked about— Ms. JACKSON LEE of Texas. Madam ance of the time. transparency, accountability and fair- Speaker, let me congratulate you for your re- Mr. Speaker, we’ve had a fascinating ness. election as Speaker of the House. It is an debate here. I’ve repeatedly asked my Today’s historic rules package rolls honor that you have served with great distinc- colleagues on the other side of the aisle back reforms made a century ago this tion and verve. I look forward to more of your to yield to me so that we could engage month by a bipartisan working group continued leadership in the 111th Congress. in an exchange on this, and no one of Members rising against the repres- Mr. Speaker, I rise today in support of H. chose to yield to me at all, indicating sive rule of Speaker Joe Cannon. Two Res. 5, Adopting the rules for the One Hun- exactly what this rules package is all of the reforms that were codified dur- dred Eleventh Congress. The House Rules about. We’ve repeatedly had academics ing that historic revolt on opening day Package provides commonsense reforms that quoted here over the past hour about in 1909 were a motion of recommittal will enable Congress to work more efficiently the use of ‘‘promptly’’ and the fact for the minority party and an in- for America. that it kills legislation. Time and time creased threshold to set aside Calendar In the 110th Congress, Democrats put forth again from the Chair, the Speaker of Wednesday. Ironically, we find our- critical measures to restore integrity and ac- the House has ruled that a measure selves here in the same well 100 years countability to the House. These reforms were that is recommitted to a committee later, fighting to maintain these sim- the most sweeping ethics and lobbying re- promptly is not killing the bill. Until ple rights and guarantees which have forms since Watergate and has changed the the Chair says that, it is not killing for a century, Mr. Speaker, safeguarded way Congress does business in Washington. the bill. this House from the rise of another ty- The reforms adopted by the 110th Congress We know that the last Congress was rannical Speaker. included banning gifts from lobbyists, prohib- the single-most restrictive, closed Con- So it is in that light that I ask Mem- iting the use of corporate jets, mandating eth- gress in the history of the Republic, bers to join me in supporting the mo- ics training for all House employees, estab- and it is very, very sad to have this tion to commit. Let us not undo what lishing a new, independent Office of Congres- sacrosanct right being obliterated that has been done. Let us learn from our sional Ethics, and ensuring transparency for is granted to the minority, as Thomas past. Let us move forward with the budget earmarks by requiring the full disclo- Jefferson outlined in his manual, talk- hope and comity inspired by Barack sure of earmarks in all bills and conference re- ing about the procedures and the rights Obama. Let’s show the world that, in ports. that the minority should have. It is this House, the democratic process is The Rule Package for the 111th Congress outrageous in the wake of Barack alive and well no matter how large the builds upon these reforms to further strength- Obama’s pledge to the American people majority. Vote ‘‘yes’’ on the motion to en the integrity of Congress. Key provisions that he wanted to have greater trans- commit. include closing the loophole regarding ‘‘lame- parency and accountability. With that, I yield back the balance of duck’’ Members negotiating post-Congres- Now, Mr. Speaker, at the conclusion my time. sional employment, codifying additional ear- of this debate on the package, I’ll be of- Ms. SLAUGHTER. Mr. Speaker, mark reforms adopted in mid-term in the 110th fering a motion to commit, which without any question, all of us who Congress, continuing the Office of Congres- could be the majority’s last oppor- serve in this House love it. We under- sional Ethics, maintaining strong PAYGO tunity to freely decide the form of the stand our responsibilities to our con- rules, and improving Congress’s effectiveness

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0687 Sfmt 9920 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 20 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 6, 2009 by removing an abusive practice where pop- What is profoundly difficult in all this is that There was no objection. ular measures are killed through unrelated, just 8 years ago, President Bush inherited— The SPEAKER pro tempore. Without ‘‘gotcha’’ amendments on motions to recom- and squandered—a projected $5.6 trillion sur- objection, the previous question is or- mit. plus from President Clinton. dered on the motion to commit. On this last point, noted Congressional Had President Bush not abandoned the There was no objection. scholar Norm Ornstein pointed out in the Roll Blue Dog principles of fiscal responsibility that The SPEAKER pro tempore. The Call, August 13, 2007, ‘‘Using ‘promptly’ . . . we have long preached, the projected $5.6 tril- question is on the motion to commit. is a subterfuge, a way to kill bills, and reflects lion dollar surplus would have been available The question was taken; and the a desire not to legislate but embarrass vulner- for us to respond to the economic crisis in a Speaker pro tempore announced that able majority Members through a ‘‘gotcha’’ swift and effective manner, without having to the noes appeared to have it. process. The Rules Package protects the mi- ask foreign nations such as China, Saudi Ara- Mr. DREIER. Mr. Speaker, on that I nority and still preserves its ability to recom- bia, and Iran to pay our bills. demand the yeas and nays. mit. Specifically, the minority can offer a mo- In spite of our Nation’s current ailments, one The yeas and nays were ordered. tion to recommit ‘‘forthwith,’’ where the GOP thing is for certain. PAYGO is and must con- The vote was taken by electronic de- amendment is immediately voted upon and, if tinue to be our guiding principle. We should vice, and there were—yeas 174, nays adopted, is added to the bill. Additionally, the not be in the economic and fiscal situation that 249, not voting 6, as follows: minority can offer a straight motion to recom- we are today, and it’s high time we start doing [Roll No. 3] mit the bill to committee (in which case the the right thing by paying for what this country YEAS—174 vote occurs on the merits of the bill itself). buys. Aderholt Foxx Miller (MI) Mr. Speaker, the Rules Package removes Ms. SLAUGHTER. Mr. Speaker, I Akin Franks (AZ) Moran (KS) term limits for Committee Chairmen from yield back the balance of my time, and Alexander Frelinghuysen Murphy, Tim House Rules. Instead, each party should de- I move the previous question on the Austria Gallegly Myrick Bachmann Garrett (NJ) Neugebauer termine its own rules on the tenure of Com- resolution. Bachus Gerlach Nunes mittee Chairs and/or Ranking Members—and The previous question was ordered. Barrett (SC) Gingrey (GA) Olson they should be reflected in Democratic Caucus MOTION TO COMMIT Bartlett Gohmert Paul Barton (TX) Goodlatte Paulsen Rules and Republican Conference Rules. In Mr. DREIER. Mr. Speaker, I offer a Biggert Granger Pence practice, term limits have resulted in the cre- motion to commit. Bilbray Graves Petri ation of a ‘‘pay-to-play’’ system, where the The SPEAKER pro tempore. The Bilirakis Guthrie Pitts chief criterion for being selected as a new Clerk will report the motion. Bishop (UT) Hall (TX) Platts Blackburn Harper Poe (TX) Chair has in many instances been a Member’s The Clerk read as follows: Blunt Heller Price (GA) fundraising prowess. This had the effect of fo- Mr. Dreier moves to commit the resolution Boehner Hensarling Putnam cusing upon fundraising and undermining the to a select committee comprised of the Ma- Bonner Herger Radanovich jority Leader and the Minority Leader with Bono Mack Hoekstra Rehberg integrity of Congress and the legislative proc- Boozman Hunter Reichert ess. instructions to report the same back to the Boustany Inglis Roe (TN) Lastly, I am pleased that the Select Com- House forthwith with the following amend- Brady (TX) Issa Rogers (AL) mittee on Energy Independence and Global ments: Broun (GA) Jenkins Rogers (KY) Page 3, strike lines 1 through 13 (relating Brown (SC) Johnson (IL) Rohrabacher Warming, the Tom Lantos Human Rights to terms of committee chairmen) and redes- Brown-Waite, Johnson, Sam Rooney Commission, and the House Democracy As- ignate subsections (e) and (f) accordingly. Ginny Jones Ros-Lehtinen sistance Commission will be continued. These Page 4, strike lines 13 through 25 (relating Buchanan Jordan (OH) Roskam entities have done tremendous work. to instructions in the motion to recommit) Burgess King (IA) Royce Burton (IN) King (NY) Ryan (WI) I urge my colleagues to support the Rules and redesignate succeeding subsections ac- Buyer Kingston Scalise Package. I believe this package restores in- cordingly. Calvert Kirk Schmidt tegrity and accountability. At the end of section 2, insert the following Camp Kline (MN) Schock Mr. CARDOZA. Mr. Speaker, at the begin- new subsections: Campbell Lamborn Sensenbrenner (k) FAIRNESS IN COMMITTEE RATIOS.— Cantor Lance Sessions ning of the 110th Congress, the new Demo- Clause 5(a)(1) of rule X is amended by insert- Cao Latham Shadegg cratic majority reinstated the proven PAYGO ing the following after the first sentence: Capito LaTourette Shimkus rules that were abandoned by President Bush Carter Latta Shuster ‘‘With respect to all committees other than Cassidy Lee (NY) Simpson and the then-Republican Congress as an im- the Committee on Rules and the Committee Castle Lewis (CA) Smith (NE) portant first step in ending reckless spending on Standards of Official Conduct, the ratio of Chaffetz Linder Smith (NJ) and getting our country back on track fiscally. majority to minority Members serving on Coble LoBiondo Smith (TX) I am proud to say that the House rules such committees shall reflect the ratio of Coffman (CO) Lucas Souder Cole Luetkemeyer Stearns package for the 111th Congress maintains the majority to minority Members in the House.’’ Conaway Lummis Sullivan Democratic commitment that government Crenshaw Lungren, Daniel Terry (l) ENSURING TRANSPARENCY IN COMMITTEE should live within its means—just as every Culberson E. Thompson (PA) VOTES.—Clause 2(e)(1)(B)(i) of rule XI is Davis (KY) Mack Thornberry family across America must live within its own amended to read as follows: Deal (GA) Manzullo Tiahrt budget. ‘‘(i) Except as provided in subdivision Dent Marchant Tiberi While the House of Representatives consist- (B)(ii) and subject to paragraph (k)(7), the re- Diaz-Balart, L. McCarthy (CA) Turner ently adheres to the PAYGO rules, the fact re- sult of each such record vote shall be made Diaz-Balart, M. McCaul Upton available by the committee within two busi- Dreier McClintock Walden mains that these are tough times for our coun- Duncan McCotter Wamp try economically and financially. ness days on the committee’s website and for Ehlers McHenry Westmoreland Millions of American families’ jobs and liveli- inspection by the public at reasonable times Emerson McHugh Whitfield in its offices. Information so available shall Fallin McKeon Wilson (SC) hoods are at risk and we have the responsi- include a description of the amendment, mo- Flake McMorris Wittman bility to react in a timely and efficient manner. tion, order, or other proposition, the name of Fleming Rodgers Wolf As such, Blue Dogs have worked to include each member voting for and each member Forbes Mica Young (AK) an emergency exception to the House PAYGO voting against such amendment, motion, Fortenberry Miller (FL) Young (FL) rules, similar to the emergency provisions order, or proposition, and the names of those NAYS—249 used throughout the 1990s, so that Congress members of the committee present but not Abercrombie Becerra Brady (PA) has the flexibility it needs to respond to ex- voting.’’. Ackerman Berkley Braley (IA) traordinary circumstances. Mr. DREIER (during the reading). Adler (NJ) Berman Bright Altmire Berry Brown, Corrine Let me be clear: this is not just simply a Mr. Speaker, I ask unanimous consent Andrews Bishop (GA) Butterfield way around PAYGO. This can only be used in that the motion be considered as hav- Arcuri Bishop (NY) Capps the event of true, defined emergencies such ing been read. Baca Blumenauer Cardoza as war, a response to an act of terrorism, a The SPEAKER pro tempore. Is there Baird Boccieri Carnahan Baldwin Boren Carney natural disaster, or even the current economic objection to the request of the gen- Barrow Boswell Carson (IN) crisis. tleman from California? Bean Boyd Castor (FL)

VerDate Mar 15 2010 11:03 Apr 28, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0687 Sfmt 0634 E:\BR09\H06JA9.000 H06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD