[Congressional Record Volume 156, Number 6 (Wednesday, January 20, 2010)]
[House]
[Pages H206-H211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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PROVIDING FOR CONSIDERATION OF H.R. 3254, TAOS PUEBLO INDIAN WATER
RIGHTS SETTLEMENT ACT; FOR CONSIDERATION OF H.R. 3342, AAMODT
LITIGATION SETTLEMENT ACT; AND FOR CONSIDERATION OF H.R. 1065, WHITE
MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION ACT OF 2009
Mr. McGOVERN. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 1017 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1017
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
3254) to approve the Taos Pueblo Indian Water Rights
Settlement Agreement, and for other purposes. All points of
order against consideration of the bill are waived except
those arising under clause 9 or 10 of rule XXI. The amendment
in the nature of a substitute recommended by the Committee on
Natural Resources now printed in the bill shall be considered
as adopted. The bill, as amended, shall be considered as
read. All points of order against provisions of the bill, as
amended, are waived. The previous question shall be
considered as ordered on the bill, as amended, and on any
further amendment thereto, to final passage without
intervening motion except: (1) one hour of debate equally
divided and controlled by the chair and ranking minority
member of the Committee on Natural Resources; (2) the further
amendment printed in part A of the report of the Committee on
Rules accompanying this resolution, if offered by
Representative McClintock of California or his designee,
which shall be in order without intervention of any point of
order except those arising under clause 9 or 10 of rule XXI,
shall be considered as read, shall be separately debatable
for 10 minutes equally divided and controlled by the
proponent and an opponent, and shall not be subject to a
demand for division of the question; and (3) one motion to
recommit with or without instructions.
Sec. 2. Upon the adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 3342) to
authorize the Secretary of the Interior, acting through the
Commissioner of Reclamation, to develop water infrastructure
in the Rio Grande Basin, and to approve the settlement of the
water rights claims of the Pueblos of Nambe, Pojoaque, San
Ildefonso, and Tesuque. All points of order against
consideration of the
[[Page H207]]
bill are waived except those arising under clause 9 or 10 of
rule XXI. The amendment in the nature of a substitute
recommended by the Committee on Natural Resources now printed
in the bill shall be considered as adopted. The bill, as
amended, shall be considered as read. All points of order
against provisions of the bill, as amended, are waived. The
previous question shall be considered as ordered on the bill,
as amended, and on any further amendment thereto, to final
passage without intervening motion except: (1) one hour of
debate equally divided and controlled by the chair and
ranking minority member of the Committee on Natural
Resources; (2) the further amendment printed in part B of the
report of the Committee on Rules, if offered by
Representative McClintock of California or his designee,
which shall be in order without intervention of any point of
order except those arising under clause 9 or 10 of rule XXI,
shall be considered as read, shall be separately debatable
for 10 minutes equally divided and controlled by the
proponent and an opponent, and shall not be subject to a
demand for division of the question; and (3) one motion to
recommit with or without instructions.
Sec. 3. Upon the adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 1065) to
resolve water rights claims of the White Mountain Apache
Tribe in the State of Arizona, and for other purposes. All
points of order against consideration of the bill are waived
except those arising under clause 9 or 10 of rule XXI. The
amendment in the nature of a substitute recommended by the
Committee on Natural Resources now printed in the bill,
modified by the amendment printed in part C of the report of
the Committee on Rules, shall be considered as adopted. The
bill, as amended, shall be considered as read. All points of
order against provisions of the bill, as amended, are waived.
The previous question shall be considered as ordered on the
bill, as amended, and on any further amendment thereto, to
final passage without intervening motion except: (1) one hour
of debate equally divided and controlled by the chair and
ranking minority member of the Committee on Natural
Resources; (2) the further amendment printed in part D of the
report of the Committee on Rules, if offered by
Representative McClintock of California or his designee,
which shall be in order without intervention of any point of
order except those arising under clause 9 or 10 of rule XXI,
shall be considered as read, shall be separately debatable
for 10 minutes equally divided and controlled by the
proponent and an opponent, and shall not be subject to a
demand for division of the question; and (3) one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 1 hour.
Mr. McGOVERN. Mr. Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Florida (Mr. Diaz-
Balart). All time yielded during consideration of this rule is for
debate only. I yield myself such time as I may consume.
General Leave
Mr. McGOVERN. I also ask unanimous consent that all Members be given
5 legislative days in which to revise and extend their remarks on House
Resolution 1017.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. McGOVERN. Mr. Speaker, House Resolution 1017 is a single rule
that provides for separate consideration of three measures dealing with
water rights settlements. Each bill is to be considered under a
structured amendment process.
The rule provides for the consideration of H.R. 3254, the Taos Pueblo
Indian Water Rights Settlement Act; H.R. 3342, the Aamodt Litigation
Settlement Act; and H.R. 1065, the White Mountain Apache Tribe Water
Rights Quantification Act of 2009. Each bill has 1 hour of general
debate, to be controlled by the Committee on Natural Resources. The
rule for H.R. 1065 self-executes an amendment to ensure that the bill
is PAYGO compliant. Each bill allows for the consideration of a
separate amendment by Representative McClintock, which is debatable for
10 minutes. The rule also allows a motion to recommit, with or without
instructions, for each of the three bills.
H.R. 1065, the White Mountain Apache Tribe Water Rights
Quantification Act of 2009; H.R. 3254, the Taos Pueblo Indian Water
Rights Settlement Act; and H.R. 3342, the Aamodt Litigation Settlement
Act are all bipartisanship pieces of legislation, and they are all
sensible pieces of legislation. Each of these bills will approve,
ratify, and confirm carefully negotiated settlement agreements between
tribal representatives, non-Indian water users, and the United States
Government.
These agreements will provide both the tribes involved and affected
communities in Arizona and New Mexico proper access to clean water.
These three bills will provide critical funding for the development of
drinking water supplies for people who have been hauling their water
for years in the back of their pickup trucks. We know how critical
clean drinking water is for the human body's health and development.
These bills will improve the health of young Native Americans by
providing clean drinking water, and certainty to non-Indian people that
the water will be available to them for development and use.
H.R. 1065 provides the required congressional approval for the
agreement between the White Mountain Apache tribe and water users
throughout Arizona. This legislation boasts the support of the entire
bipartisanship Arizona delegation.
H.R. 3254 and H.R. 3342 each approve water settlement agreements in
New Mexico considered critical to clean water access to the Taos Valley
and Rio Grande watershed. Both of these bills were favorably reported
by voice vote out of the Natural Resources Committee.
Unfortunately, Mr. Speaker, it has taken decades to work out these
settlements. Congress has a responsibility to approve these settlements
now and provide clean drinking water access for the affected tribes and
the non-Indian people, and for their generations to come. I believe it
is time for Congress to move on these bills, and I am pleased that
Chairman Rahall and the Natural Resources Committee has worked in a
bipartisan way to move these bills through the process.
Now, there is some concern on the other side of the aisle that the
Justice Department has not commented formally on any of these bills.
Our colleague from California (Mr. McClintock) believes the Department
of Justice should formally respond to each of these bills before they
take effect. The gentleman from California has legitimate concerns, and
these concerns deserve to be considered on the floor today, and that is
why we made this amendment in order on each of these bills.
This is a good rule. I urge my colleagues to support it today.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I thank the
gentleman from Massachusetts (Mr. McGovern) for the time, and I yield
myself such time as I may consume.
Over the next 2 days, the House is set to consider three separate
bills that would approve and ratify tribal claims to water rights made
by the White Mountain Apache tribe in Arizona and the Pueblos of
Pojoaque, San Ildefonso, Tesuque, and Taos in New Mexico. The bills
would also restore and protect some environmentally sensitive land and
watersheds, and require the maintenance of the water systems in
question until they are conveyed to the respective tribes.
I support these bills when the McClintock amendments are included
because I believe that the settlements will bring long-term certainty
and stability to the respective tribes and water users in the affected
areas.
Mr. Speaker, last night the majority in the Rules Committee decided
to allow for consideration all three of the amendments submitted to the
three bills we are set to consider this week. I wish to thank them for
their uncharacteristic generosity in allowing minority amendments.
These important amendments would prevent the bill from taking effect
until the Attorney General assures Congress in writing that the
settlements in these bills would represent a net benefit to the U.S.
taxpayer based on the costs and risks of litigation and the odds the
tribes would prevail in the litigation. I believe these amendments are
important because they require the Attorney General to conduct a cost-
benefit analysis of the settlements and make sure that they are
fiscally responsible before the settlement funds can be paid.
Now, I assume that the other side of the aisle will highlight that
this rule allows debate on all of the amendments which were submitted
to the Rules Committee, but it restricts any and all possible further
amendments from consideration. It is not an open rule. The majority
campaigned on a promise to allow open and bipartisan debates in
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Congress, yet this year they have yet to allow even one open rule. That
is correct, not one open rule. And that, Mr. Speaker, includes even the
traditionally open appropriations process.
They could have changed that glaring and unfortunate statistic by
allowing an open rule on the underlying, uncontroversial bill, but the
majority in the Rules Committee decided to continue to make this the
most closed Congress in history.
Now, let's look at the possible reasons the majority on the Rules
Committee decided to vote against an open rule for these bills. Could
it be that there is not enough time on the House schedule this week?
Well, the House, until last night, was scheduled to be in session until
Friday. And this rule, as proposed, only allows for a total of 3\1/2\
hours of total debate time for all three bills and all three
amendments.
Even though we are now scheduled to leave on Thursday, we still have
more than enough time to complete the three bills with an open rule. I
sincerely doubt that an open rule would garner more than a handful of
amendments. It would allow the majority to say for the first time, and
to prove, at least offer some evidence, that they are living up to
their pledge to run an open Congress.
I believe the real reason is that the majority is afraid of an open
debate even on uncontroversial bills, and so they restrict debate
consistently. It has become their standard operating procedure to close
debate in the House. It is unfortunate, but it is a fact.
I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I appreciate how well my colleague on the
Rules Committee adheres to the Republican talking points, but I will
again reiterate that all the amendments that were brought to the Rules
Committee last night were made in order. And I think this is a good
rule.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Well, it is not a question of
talking points, it is a question of fact. We will move on.
I at this point yield, Mr. Speaker, 5 minutes, to my distinguished
friend from Florida (Mr. Buchanan).
Mr. BUCHANAN. I want to thank the gentleman from Florida. I
appreciate the opportunity.
My simple resolution requires that all negotiations on the health
care bill be conducted under the watchful eye of the American people.
The American people are angry, and for good reason. Washington is not
listening.
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Last night I think is a perfect example: It's not about Democrat and
Republican, it's about the American people wanting to have more input
into the process.
Even worse, Washington is not even letting the American people into
the room to discuss or hear the health care reform debate. Secret
deals, backroom deals on the health care bill should not be tolerated.
In the State of Florida, we have the toughest sunshine laws in the
country. You can't have two city commissioners, two county
commissioners, two State senators--no one can go in the back room
together and cut a deal or a secret deal and then lay that on the
American people. We want to bring that sunshine to Washington. I am
pleased that we have over 165 Members that have joined me in this cause
and cosponsored this bill, this resolution, Democrats and Republicans.
Also, I introduced, and we have 111 Members that have signed, a
discharge petition to force a vote on the floor. We want to get a vote
to the floor on this sunshine resolution, and we feel confident that
we're going to be able to do that.
C-SPAN has offered to publicly broadcast the health care meetings,
and congressional leaders should accept that opportunity. Even the
President said during the campaign eight different times that he wants
this to be the most open, transparent administration in history. He
said eight different times he wanted C-SPAN in the room. C-SPAN has
agreed to be in the room during these negotiations. I don't want to, as
a Member of Congress, end up with a 3,000-page bill at the end of the
day that nobody has had a chance to read and you've got a day or so to
look at it.
I think there is a good reason why Speaker Pelosi doesn't want the
negotiations in public, because basically it's a bad bill. In my area
of Sarasota-Bradenton, Florida, we have the most seniors, almost
300,000 in our district, more than any other district in the country.
They want to cut Medicare $500 billion. I've seen the cuts. They're
very real. They want to raise taxes on small business.
I know the biggest issue we've got is the economy and jobs. Working
families want to get back to work, but yet they want to charge 8
percent on payroll. I've been in business for 30 years; I'm not a
career politician. I can tell you that will kill more jobs than
anything. That's a fixed expense, 8 percent on payroll.
They want to charge another 5.4 percent tax on businesses. Most
businesses have pass-through income, whether they're a Sub S or LLC or
a partnership, or whatever kind of business. They want to raise the
taxes from 34, let Bush's tax cut sunset, which will take it to 39,
then another 5.4, which will take it 45 percent in Florida. In many
States like California that have a State income tax, or Oregon or New
York, of 10 or 15 percent, it could take it up as high as 60 percent.
So these small businesses have a lot of pass-through income. They're
not going to have the capital. They're going to be sending the money
here. That's going to cut more jobs.
It's time to bring some sunshine to Washington that we've got in
Florida.
Mr. McGOVERN. Mr. Speaker, aside from the fact that the gentleman's
comments have absolutely nothing to do with the bill that we're talking
about here today, I find it ironic that any Member on the other side of
the aisle would talk about jobs with a straight face given their
record.
In the last 3 months of the Bush administration, the economy was
losing, on average, 673,000 jobs per month. In the last 3 months of
2009, the average job loss was 69,000 per month, an improvement of
nearly 90 percent. That is not acceptable, but we are trying to bring
this economy in a different direction.
They drove this economy into a ditch; let's not forget that. Let's
not forget the economy that President Obama inherited. Let's not forget
the record job losses and the stock market crash and all the special
deals on Wall Street.
I've heard enough from the other side about the issue of jobs. They
nearly ruined this economy. They are responsible for the massive job
losses that we see now that we're trying to fix. So enough about that.
I will go back to what we are talking about here today, and that is a
rule to consider these important bills dealing with clean water for
Native American tribes. I again would reiterate that this is a good
rule, everything they wanted they got, and I hope it will pass
unanimously.
I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Well, Mr. Speaker, we saw last
night that the blame game no longer works. And if we want to look at
the past, we will see that when we cut taxes, we made it a reality; the
recession after 9/11 was the shortest recession in history.
Now, unfortunately, the policies that are being followed now are
totally different. They're increasing debt massively. The deficit as a
percentage of GDP after TARP--that I opposed, but it can be said that
it was a bipartisan decision, TARP--after TARP, the deficit as a
percentage of GDP was 4 percent. Today, 1 year after the Democrats took
the Presidency and they had already taken the House and the Senate, the
deficit as a percentage of GDP is almost 12 percent, Mr. Speaker.
We are running in a dangerous direction, heading toward a collision
with a fiscal crisis of unprecedented proportion. But, Mr. Speaker, the
Democrats just don't get it. They don't see it. The American people
sent a message last night that they had better, but it still remains to
be seen if they received the message.
Mr. Speaker, I yield 6 minutes to my distinguished friend from
Virginia (Mr. Wolf).
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. I rise in opposition to the rule.
Today, the press is reporting that a backroom deal has been cut with
Democratic leadership to create a deficit-cutting commission by
Executive
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order. There are also reports that instead of putting every spending
program and tax policy on the table, discretionary spending controlled
by the Democratic-controlled Appropriations Committee would be exempt.
I oppose creating this panel by Executive order, and the American
people will oppose this sleight of hand also. Press reports suggest
that the Democratic leadership intends to bring the commission's
recommendation up for a vote in Congress, but a vote that is not
mandated as it would be if Congress passed similar legislation
statutorily. More important, the vote that could take place under the
administration's plan would happen after the midterm elections and
before the newly elected Congress begins. It would be basically a lame-
duck Congress vote. Lawmakers who are retiring or get defeated could
vote on a set of recommendations with regard to entitlement spending
and tax policy but never be accountable to the American people. Is it
right for an outgoing Member of Congress to consider proposals that
could affect every single American, knowing that days or weeks later
they will no longer answer to voters in the district they once
represented?
Between the Democrats and the Republicans in both Chambers, over 30
Members have already announced that they are retiring or running for
another office. It is not appropriate for outgoing lawmakers who may
eventually lobby for a special interest that has a vested interest in
the outcome of the vote on the commission to then vote on that
recommendation. Any recommendation put forward should be considered by
the newly elected Congress, who will have to publicly stand by their
vote on the commission's recommendations, Members who have been elected
and are accountable to the American people. A deficit commission
established through Executive order amounts to nothing more than
political cover.
This Congress has run up the country's credit card to a point of no
return, and now the administration wants to be able to tout a
bipartisan solution to spending that will conveniently help them
survive the upcoming election cycle. All of a sudden, the Obama
administration has found deficit-cutting religion. The same
administration that pushed through a $787 billion economic stimulus
promising that unemployment would be held under 8 percent now wants to
get our Nation's financial house in order. The same administration that
promised an open and transparent process on health care reform, which
is now being negotiated behind closed doors and could cost taxpayers
nearly $1 trillion, now wants credibility on spending issues.
The FY 2009 budget deficit registered at an unprecedented $1.4
trillion. I believe the American people understand the depth of our
financial problems, recognize the spending gorge that Congress has
embarked on, and won't be fooled by a fig leaf commission established
by an Executive order.
Moreover, Mr. Speaker, the American people will be cut out of the
process under this plan. The bipartisan commission process I've talked
about, and many Members on both sides have talked about for 4 years,
includes a legitimate public engagement mandating public town hall-
style meetings throughout the country. Now there will be no input from
the hardworking people in our neighborhoods and communities. That is
not right, and everyone knows it.
If lawmakers were serious about the debt and the deficit issues that
Americans are increasingly worried about, Congress would halt the
budget gimmicks, the slick talking points, and muster the political
will to have an honest conversation with the American people about
where we are, where we're heading, and what changes need to be made to
get back on track. But an open process that allows the American people
to weigh in will never happen through a commission established by an
Executive order all done here in Washington.
This morning, Congressman Lamar Smith, our colleague from Texas, in a
1-minute speech on the floor offered a series of lessons to be learned
from yesterday's special Senate election in Massachusetts. He said, All
true reform starts with the voice of the people. The people will not
have a voice in a deficit commission established through an Executive
order.
He also said that common sense triumphs partisanship. A commission
through Executive order negotiated by one party is the height of
partisanship. Republican leadership in the House and the Senate have
not been involved in this effort.
He also said voters can exercise real independence. Where is the
voice of the people in a process that will not go beyond the Beltway?
In closing, Mr. Smith correctly, and I say correctly, noted that one-
party control leads to arrogance. We are seeing today an arrogance of
power by a party that forecloses the minority from a seat at the table.
And to be fair, Republicans were just as arrogant at times. Hopefully
we have learned a lesson and will never go back to those times.
Mr. Smith concluded that we should be listening to the American
people, not defying them. The people of Massachusetts spoke yesterday.
We would be wise in this Congress to heed that lesson.
I thank the gentleman for yielding.
Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, as we wait for the
Republican leader, let me say that I have enjoyed this debate. These
are noncontroversial bills that are being brought to the floor, and yet
they're important. And, also, there are issues that have been brought
out and that will be brought out now. I will oppose the previous
question to bring out the issue that Mr. Buchanan talked about and
bring it to a floor vote this morning.
Since the Democrats regained the majority in the House, I have heard
a number of Members come down to the floor and quote Supreme Court
Justice Brandeis that sunshine is said to be the best disinfectant. I
think that quote is fitting. It's fitting today considering, as Mr.
Buchanan pointed out, that as we speak, the majority is drafting,
behind closed doors with no sunshine in sight, health care legislation
that will affect every American.
So I think the question is begged, what is going on behind those
closed doors? We don't know. We do not even know who is at the table.
The American people deserve to know what is going on behind closed
doors.
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We need to bring sunlight, sunshine, into a process that is shrouded
with secrecy. That is why I, along with a bipartisan group of 163
Members of this House, have cosponsored House Resolution 847, a
resolution by my friend and colleague, Representative Buchanan, that
expresses the sense of the House that any meetings held to determine
the final contents of sweeping health care legislation be held in
public view and not behind closed doors. Mr. Buchanan pointed out the
fact that C-SPAN has offered, in fulfillment of a campaign promise by
the President, to be present at the negotiations.
Now, in order to help bring in sunshine to a process that the
majority continues to hide from public view, I will be asking for a
``no'' vote on the previous question so we can amend this rule and
allow the House to continue the Buchanan transparency resolution. This
vote will give Members of the majority a chance to live up to their
promise, as the distinguished Speaker said, ``to lead the most honest,
most open and most ethical Congress in history.''
Madam Speaker, I know that Members are concerned that this motion may
jeopardize consideration of the water rights bills and of the
settlement bills that are being brought to the floor today; but I wish
to make clear that the motion I am making provides for the separate
consideration of the Buchanan transparency resolution within 3 days so
we can vote on the water rights bills and then, once we are done, so
that we can consider the Buchanan transparency resolution, H. Res. 847.
I have been informed that the Republican leader will not be coming
down to the floor at this time.
Madam Speaker, I ask unanimous consent to insert the text of the
amendment and extraneous materials immediately prior to the vote on the
previous question.
The SPEAKER pro tempore (Ms. McCollum). Is there objection to the
request of the gentleman from Florida?
[[Page H210]]
There was no objection.
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I yield back the
balance of my time.
Mr. McGOVERN. Madam Speaker, in closing, let me say a couple of
things.
One is that this is a good rule and it should be approved. Secondly,
and I say this with respect to my friends on the other side of the
aisle, when they talk about sunshine, it's laughable. When you compare
the transparency and the openness of this Democratic Congress to the
way this place was run when they were in charge, there is no
comparison.
I remember one night, after a conference report was completed and
when all of the signatures were on the conference report, when they
snuck in a special provision to provide special immunity to drug
companies. That's the kind of transparency and openness that existed
when they were in control.
On the health care bills, they've been on the Web. The House bill has
been on the Web, and the Senate bill has been on the Web. Even the
Senate read it verbatim. So there has never been as much openness and
transparency in any Congress as we've seen in this Congress.
When my friend from Florida talks about the deficit, boy, what a
short memory. When Bill Clinton left office, he had eliminated the
deficit, and we had started paying down the debt, and we left George
Bush, Dick Cheney and my Republican friends with a surplus. Through
their reckless policies--tax breaks for millionaires, special
privileges for Wall Street and drug companies and all that they did--
they racked up a record debt, and they did nothing about it. In fact,
when they were in charge, they used to argue on the floor that somehow
the deficit and the debt didn't matter anymore. They tried to say it
wasn't a big deal.
So they left this President with a mess. I guess it's sometimes fun
to make a mess, but it's not so fun and not so easy to clean up a mess.
The Democrats in Congress and the President of the United States have
to clean up the mess that they left. It's a little bit ironic that
those who drove this economy into a ditch are complaining about the
size of the tow truck.
The fact of the matter is we have to make some tough decisions. We
have to create the conditions for jobs to grow. We have to invest in
industries where there is a future, and we are trying to do that.
Again, in the last 3 months of the Bush administration, the economy
was losing, on average, 673,000 jobs per month. In the last 3 months of
2009, the average job loss was 69,000 per month, which is an
improvement of nearly 90 percent. We on the Democratic side have
pledged to do everything we can to help create more jobs in this
country and to focus on the issue of jobs, because that's where the
concern amongst the American people really is.
In the stock market, stocks have seen significant gains since the
beginning of March 2009, following the passage of the Recovery Act,
which they all were opposed to. The Dow is up 58 percent. The S&P is up
64 percent. The Nasdaq is up 75 percent.
The GDP has grown. In the first quarter of 2009, the GDP was negative
6.4 percent. By the third quarter of 2009, the GDP was on the rise,
increasing plus-2.2 percent, the best quarter for growth in 2 years.
Forecasters predict steady GDP growth throughout 2010.
We see home sales are now rising. We see manufacturing beginning to
rebound. U.S. manufacturing activity rose 55.9 from 53.6 in November,
reaching the highest level since April of 2006. It is a positive
indication of broader economic growth.
So it is difficult to sit here and to listen to lectures from Members
on the other side of the aisle who created this mess, which is the
worst economy since the Great Depression. That's what they gave to
President Obama. We have to fix it, and we have pledged to do whatever
is necessary to help put people back to work, to help people be able to
stay in their homes, and to help nurture growth in future industries.
So, Madam Speaker, I appreciate the comments from my friends on the
other side of the aisle. Given their abysmal record, it's hard to
believe they come here with straight faces to talk about these things;
but we're going to fix the mess that they made.
Again, I would urge my colleagues to support the rule, and I would
urge a ``yes'' vote on the previous question and on the rule.
The material previously referred to by Mr. Lincoln Diaz-Balart of
Florida is as follows:
Amendment to H. Res. 1017 Offered by Mr. Diaz-Balart
At the end of the resolution, add the following new
section:
Sec. 4. On the third legislative day after the adoption of
this resolution, immediately after the third daily order of
business under clause 1 of rule XIV and without intervention
of any point of order, the House shall proceed to the
consideration of the resolution (H. Res. 847) expressing the
sense of the House of Representatives that any conference
committee or other meetings held to determine the content of
national health care legislation be conducted in public under
the watchful eye of the people of the United States. The
resolution shall be considered as read. The previous question
shall be considered as ordered on the resolution to final
adoption without intervening motion or demand for division of
the question except: (1) one hour of debate equally divided
and controlled by the chairman and ranking minority member of
the Committee on Rules; and (2) one motion to recommit which
may not contain instructions. Clause 1(c) of rule XIX shall
not apply to the consideration of House Resolution 847.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. McGOVERN. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, on that I demand
the yeas and nays.
[[Page H211]]
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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