[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[House]
[Pages H9874-H9877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES

  Mr. CARDOZA. Madam Speaker, by direction of the Committee on Rules, I 
call up House Resolution 1491 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1491

       Resolved, That it shall be in order at any time on the 
     legislative day of September 25, 2008, for the Speaker to 
     entertain motions that the House suspend the rules relating 
     to the following measures:
       (1) The bill (H.R. 928) to amend the Inspector General Act 
     of 1978 to enhance the independence of the Inspectors 
     General, to create a Council of the Inspectors General on 
     Integrity and Efficiency, and for other purposes.
       (2) The bill (S. 2324) to amend the Inspector General Act 
     of 1978 (5 U.S.C. App.) to enhance the Offices of the 
     Inspectors General, to create a Council of the Inspectors 
     General on Integrity and Efficiency, and for other purposes.
       (3) The bill (S. 1046) to modify pay provisions relating to 
     certain senior-level positions in the Federal Government, and 
     for other purposes.
       (4) The bill (H.R. 6045) to amend title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 to extend the 
     authorization of the Bulletproof Vest Partnership Grant 
     Program through fiscal year 2012.

[[Page H9875]]

       (5) The concurrent resolution (H. Con. Res. 214) expressing 
     the sense of Congress that the President should grant a 
     posthumous pardon to John Arthur ``Jack'' Johnson for the 
     1913 racially motivated conviction of Johnson, which 
     diminished his athletic, cultural, and historic significance, 
     and tarnished his reputation.
       (6) The bill (H.R. 4120) to amend title 18, United States 
     Code, to provide for more effective prosecution of cases 
     involving child pornography, and for other purposes.
       (7) A bill relating to webcasting.
       (8) The bill (H.R. 1777) to amend the Improving America's 
     Schools Act of 1994 to make permanent the favorable treatment 
     of need-based educational aid under the antitrust laws.
       (9) A bill relating to India nuclear cooperation.
       (10) The bill (H.R. 176) to authorize the establishment of 
     educational exchange and development programs for member 
     countries of the Caribbean Community (CARICOM).
       (11) The bill (H.R. 2553) to amend the State Department 
     Basic Authorities Act of 1956 to provide for the 
     establishment and maintenance of existing libraries and 
     resource centers at United States diplomatic and consular 
     missions to provide information about American culture, 
     society, and history, and for other purposes.
       (12) The bill (H.R. 3202) to amend the Foreign Service Act 
     of 1980 to extend comparability pay adjustments to members of 
     the Foreign Service assigned to posts abroad, and to amend 
     the provision relating to the death gratuity payable to 
     surviving dependents of Foreign Service employees who die as 
     a result of injuries sustained in the performance of duty 
     abroad.
       (13) The bill (S. 3426) to amend the Foreign Service Act of 
     1980 to extend comparability pay adjustments to members of 
     the Foreign Service assigned to posts abroad, and to amend 
     the provision relating to the death gratuity payable to 
     surviving dependents of Foreign Service employees who die as 
     a result of injuries sustained in the performance of duty 
     abroad.
       (14) The bill (S. 3052) to provide for the transfer of 
     naval vessels to certain foreign recipients.
       (15) The bill (H.R. 2798) to reauthorize the programs of 
     the Overseas Private Investment Corporation, and for other 
     purposes.
       (16) The bill (H.R. 3887) to authorize appropriations for 
     fiscal years 2008 through 2011 for the Trafficking Victims 
     Protection Act of 2000, to enhance measures to combat 
     trafficking in persons, and for other purposes.
       (17) The bill (H.R. 1157) to amend the Public Health 
     Service Act to authorize the Director of the National 
     Institute of Environmental Health Sciences to make grants for 
     the development and operation of research centers regarding 
     environmental factors that may be related to the etiology of 
     breast cancer.
       (18) The bill (H.R. 6568) to direct the Secretary of Health 
     and Human Services to encourage research and carry out an 
     educational campaign with respect to pulmonary hypertension, 
     and for other purposes.
       (19) The bill (H.R. 3232) to establish a non-profit 
     corporation to communicate United States entry policies and 
     otherwise promote tourist, business, and scholarly travel to 
     the United States.
       (20) The bill (H.R. 3402) to require accurate and 
     reasonable disclosure of the terms and conditions of prepaid 
     telephone calling cards and services.
       (21) The bill (H.R. 1283) to amend the Public Health 
     Service Act to provide for arthritis research and public 
     health, and for other purposes.
       (22) The bill (S. 1382) to amend the Public Health Service 
     Act to provide for the establishment of an Amyotrophic 
     Lateral Sclerosis Registry.
       (23) The bill (S. 1810) to amend the Public Health Service 
     Act to increase the provision of scientifically sound 
     information and support services to patients receiving a 
     positive test diagnosis for Down syndrome or other prenatally 
     and postnatally diagnosed conditions.
       (24) The bill (S. 2932) to amend the Public Health Service 
     Act to reauthorize the poison center national toll-free 
     number, national media campaign, and grant program to provide 
     assistance for poison prevention, sustain the funding of 
     poison centers, and enhance the public health of people of 
     the United States.
       (25) The bill (H.R. 1343) to amend the Public Health 
     Service Act to provide additional authorizations of 
     appropriations for the health centers program under section 
     330 of such Act, and for other purposes.
       (26) The bill (S. 901) to amend the Public Health Service 
     Act to reauthorize the Community Health Centers program, the 
     National Health Service Corps, and rural health care 
     programs.
       (27) The bill (H.R. 477) to amend the Public Health Service 
     Act to strengthen education, prevention, and treatment 
     programs relating to stroke, and for other purposes.
       (28) The bill (S. 999) to amend the Public Health Service 
     Act to improve stroke prevention, diagnosis, treatment, and 
     rehabilitation.
       (29) The bill (H.R. 507) to establish a grant program to 
     provide vision care to children, and for other purposes.
       (30) The bill (S. 1117) to establish a grant program to 
     provide vision care to children, and for other purposes.
       (31) The bill (H.R. 545) to amend the Omnibus Crime Control 
     and Safe Streets Act of 1968 to clarify that territories and 
     Indian tribes are eligible to receive grants for confronting 
     the use of methamphetamine.
       (32) The bill (S. 85) to amend the Omnibus Crime Control 
     and Safe Streets Act of 1968 to clarify that territories and 
     Indian tribes are eligible to receive grants for confronting 
     the use of methamphetamine.
       (33) The bill (S. 267) to amend the Omnibus Crime Control 
     and Safe Streets Act of 1968 to clarify that territories and 
     Indian tribes are eligible to receive grants for confronting 
     the use of methamphetamine.
       (34) The bill (H.R. 970) to amend the Federal Food, Drug, 
     and Cosmetic Act with respect to the distribution of the drug 
     dextromethorphan, and for other purposes.
       (35) The bill (S. 1378) to amend the Federal Food, Drug, 
     and Cosmetic Act with respect to the distribution of the drug 
     dextromethorphan, and for other purposes.
       (36) The bill (S. 3549) to amend title XIX of the Social 
     Security Act to provide additional funds for the qualifying 
     individual (QI) program, and for other purposes.
       (37) The bill (S. 906) to prohibit the sale, distribution, 
     transfer, and export of elemental mercury, and for other 
     purposes.
       (38) The bill (H.R. 1534) to prohibit certain sales, 
     distributions, and transfers of elemental mercury, to 
     prohibit the export of elemental mercury, and for other 
     purposes.
       (39) The resolution (H. Res. 1333) supporting the goals and 
     ideals of Tay-Sachs Awareness Month.
       (40) The bill (H.R. 6460) to amend the Federal Water 
     Pollution Control Act to provide for the remediation of 
     sediment contamination in areas of concern, and for other 
     purposes.
       (41) The bill (S. 2080) to amend the Federal Water 
     Pollution Control Act to ensure that sewage treatment plants 
     monitor for and report discharges of raw sewage, and for 
     other purposes.
       (42) The bill (H.R. 2452) to amend the Federal Water 
     Pollution Control Act to ensure that publicly owned treatment 
     works monitor for and report sewer overflows, and for other 
     purposes.
       (43) The bill (S. 2844) to amend the Federal Water 
     Pollution Control Act to modify provisions relating to beach 
     monitoring, and for other purposes.
       (44) The bill (H.R. 2537) to amend the Federal Water 
     Pollution Control Act relating to beach monitoring, and for 
     other purposes.

                              {time}  1030

  The SPEAKER pro tempore. The gentleman from California is recognized 
for 1 hour.
  Mr. CARDOZA. Madam Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentleman from Florida (Mr. Lincoln 
Diaz-Balart). All time yielded during consideration of the rule is for 
debate only.


                             General Leave

  Mr. CARDOZA. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on House Resolution 1491.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. CARDOZA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H. Res. 1491 authorizes the Speaker to entertain 
motions that the House suspend the rules at any time on the legislative 
day of Thursday, September 25, 2008, on 44 separate measures. This rule 
is necessary because under clause 1(a) of rule XV, the Speaker may 
entertain motions to suspend the rules only on Monday, Tuesday or 
Wednesday of each week. In order for suspensions to be considered on 
other days, the Rules Committee must authorize consideration of these 
motions.
  This is not unusual. In fact, in the 109th Congress, my friends on 
the other side of the aisle reported at least six rules that provided 
for additional suspension days. This bill limits the suspension of 
rules only to those measures listed in the rule itself so Members on 
both sides of the aisle are aware of exactly what bills may be 
considered under this suspension of the rules.
  This is standard procedure at the end of the legislative session and 
includes both House bills that we will send to the Senate for 
consideration and Senate-passed bills that are ready to become law once 
they pass the House.
  I would remind my colleagues on both sides of the aisle that bills 
considered under suspension of the rules must receive strong bipartisan 
support in order to pass the House.
  I urge my colleagues to join me in supporting this rule which will 
simply help us move important, noncontroversial legislation before we 
adjourn that is important to our constituents and

[[Page H9876]]

that will receive overwhelmingly bipartisan support and that will 
hopefully become law.
  I reserve the balance of my time.
  Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I would like to 
thank my good friend, Mr. Cardoza, the gentleman from California, for 
the time; and I yield myself such time as I may consume.
  Madam Speaker, on the opening day of this Congress, the distinguished 
chairwoman of the Rules Committee, Ms. Slaughter, came to the floor and 
said that the new majority would, `` . . . begin to return this Chamber 
to its rightful place as the home of democracy and deliberation in our 
great Nation.'' That pledge echoed a document by Speaker Pelosi titled 
A New Direction For America. That document said, ``bills should 
generally come to the floor under a procedure that allows open, full, 
and fair debate.''
  Now as we approach the closing hours of the 110th Congress, I think 
it is appropriate for us to take a look at whether the majority has 
actually lived up to those promises.
  Let us begin with closed rules. There really can be few, if any, 
parliamentary procedures that are more offensive to the essential 
spirit of democracy, the spirit of democracy, than a closed rule. A 
closed rule shuts off, blocks Members from both sides of the aisle from 
offering any amendments to legislation that is considered on the floor. 
As I said, no matter what their party affiliation, if and when Congress 
operates under a closed rule, all Members are shut out from the 
legislative process on the floor.
  Even though the majority promised a more open Congress, as I referred 
to in the beginning of my remarks, they silenced the vote of every 
Member and thus all of every Member's constituents a record 63 times 
this Congress. Sixty-three times. No other Congress in the history of 
the Republic has ever brought forth so many closed rules. No other 
Congress in the history of the Republic has brought so many pieces of 
legislation to the floor under that legislative framework that 
prohibits every Member of this House from offering amendments to the 
legislation.
  The consistent use of closed rules by the majority constitutes an 
affront to the democratic spirit as well as to their own promises. But 
that is not the only way that they have failed to live up to their 
promises. They have also systematically bypassed what is known as the 
conference process, effectively shutting out the minority from having a 
say on legislation that makes its way to the President's desk.
  Madam Speaker, as you know, the conference process is the process by 
which the House and Senate work out differences, resolve their 
differences and achieve a final legislative product that is exact to be 
passed by the House and the Senate and sent to the President.
  Now the majority has also used a technique known as ``ping-pong'' to 
avoid that conference process. They have used that technique in order 
to subvert the rights of the minority to offer motions to recommit and 
amendments. For comparison, in the 108th Congress and 109th Congress--
those Congresses combined--that technique known as ping-ponging was 
used three times during the 108th Congress and 109th Congress.
  But that is not all. The majority has also considered 45 bills 
outside the regular order. They also blocked minority substitute 
amendments, allowing only 10 minority substitute amendments even though 
they promised a procedure that, and again I remind the majority of its 
own words, they promised that they would ``grant the minority the right 
to offer its alternatives, including a substitute.''
  So here we are today with a rule that a distinguished senior member 
of the majority on the Rules Committee said, and I quote, is `` . . . 
outside the normal parameters of the way that the House should conduct 
its business . . . it effectively curtails our rights and 
responsibilities as serious legislators.''

                              {time}  1045

  Prior to becoming Speaker, Ms. Pelosi pledged, and I quote, ``to 
conduct our work with civility and bipartisanship and to act in 
partnership, not partisanship, with the President and the Republicans 
in Congress.''
  Obviously, the record has been another story.
  Now with regard to what the majority is doing today, the majority is 
bringing forth 44 bills for consideration under what is known as 
suspension of the rules. It's a process by which usually 
noncontroversial bills, as my friend described them, bills that 
generally have bipartisan support because they require two-thirds of 
the House in order to pass, under the rule being brought forth today, 
we will be authorizing under this rule 44 bills for consideration under 
suspension of the rules. At least they're telling us what the 44 bills 
are. That's why it took some time for the Clerk to read them, because 
there are 44 bills to read the titles. So at least I think the majority 
should be commended for telling us what the 44 bills are.
  Now, unfortunately, we're informed that the Rules Committee is 
meeting at this time, as we speak, to pass a rule to authorize more 
suspensions, but not telling us what they are; in other words, a 
blanket authority. So, obviously everything has to be put in 
perspective.
  Compared to what the Rules Committee is doing now for the rest of the 
session, this is a commendable rule because at least it is informing us 
and the American people what we will be considering. At least the 
titles have been brought forth. So that is something that, when we 
consider how the majority has acted procedurally in this Congress, we 
have to be grateful that we're being informed at least what bills are 
being authorized for consideration under the rule today.
  Madam Speaker, as we look back at this 110th Congress that is nearing 
its end, I think it would be fair to say that when one considers the 
promises for openness and fairness and transparency made by the 
majority at the beginning of this Congress and in their campaign before 
this Congress began, when one compares that with their record of having 
broken all precedent in terms of the number, the number, having broken 
the record in terms of the number of pieces of legislation brought to 
this floor authorizing no amendments, in other words, closed rules, 
there is an extraordinary difference between the promise and the 
reality by our friends on the other side of the aisle.
  I reserve the balance of my time.
  Mr. CARDOZA. Madam Speaker, I would like to inquire of the gentleman 
from Florida if he has any additional speakers. I am the last speaker 
on my side.
  Mr. LINCOLN DIAZ-BALART of Florida. No, I would inform my friend that 
we have no other speakers. So at this time I yield back the balance of 
my time.
  Mr. CARDOZA. Madam Speaker, my friend from Florida has raised several 
issues with regard to the procedures of the House for the last 2 years. 
The gentleman is correct that there have been a number of closed rules 
this year. But I would like to just say, in response to that, that we 
have had to try and manage this House with a very obstinate Republican 
minority in the Senate.
  There has been a record number of filibusters that have been put 
forward this year to try and stop everything that we have tried to 
accomplish in this body. In fact, there has been an absolute 
stonewalling on the number of conference committees, breaking down the 
bipartisan process, breaking down the comity that engages both Houses, 
so that we can get something done for the American people. By refusing 
to go to conference, this has gummed up the arteries of this body, and 
it, frankly, is the Republican minority in the other body that has 
really made this a very difficult House and institution to manage.
  Madam Speaker, I would also say that the gentleman mentioned that 
this is--well, first of all, he acknowledged that we are telling 
everyone today the 44 bills that we are, in fact, bringing forward in 
this rule. Six times the gentleman's party, in the last Congress, did 
not tell us what they were bringing forward in a rule. And I can cite 
the dates. We have the information.
  The reality is that this is not an uncommon practice at the end of 
the session. We would like to, as we are doing in this rule, do it 
every time, but sometimes it's possible at the end of the session we're 
simply running out of time.
  So, Madam Speaker, as I said, this is a standard procedure at the end 
of the legislative session that will simply

[[Page H9877]]

help us move important, noncontroversial legislation before we adjourn 
that will receive overwhelming bipartisan support.
  I urge a ``yes'' vote on the rule and on the previous question, Madam 
Speaker.
  I yield back the balance of my time, and I move the previous question 
on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid upon the table.

                          ____________________