[Congressional Record Volume 159, Number 142 (Friday, October 11, 2013)]
[House]
[Pages H6502-H6504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  NATIONAL NUCLEAR SECURITY ADMINISTRATION CONTINUING APPROPRIATIONS 
                            RESOLUTION, 2014

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of House Joint Resolution 76 will now resume.
  The Clerk read the title of the joint resolution.


                           Motion to Recommit

  Ms. KELLY of Illinois. Mr. Speaker, I have a motion to recommit at 
the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the joint 
resolution?
  Ms. KELLY of Illinois. I am opposed.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Kelly of Illinois moves to recommit the joint 
     resolution H.J. Res. 76 to the Committee on Appropriations 
     with instructions to report the same back to the House 
     forthwith with the following amendment:
       Strike all after the resolving clause and insert the 
     following:

     That upon passage of this joint resolution by the House of 
     Representatives, the joint resolution (H.J. Res. 59) making 
     continuing appropriations for fiscal year 2014, and for other 
     purposes, as amended by the Senate on September 27, 2013, 
     shall be considered to have been taken from the Speaker's 
     table and the House shall be considered to have (1) receded 
     from its amendment; and (2) concurred in the Senate 
     amendment.

  Ms. KELLY of Illinois (during the reading). Mr. Speaker, I ask 
unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Illinois?
  There was no objection.
  Mr. FRELINGHUYSEN. Mr. Speaker, I reserve a point of order on the 
gentlewoman's motion.
  The SPEAKER pro tempore. A point of order is reserved.
  The gentlewoman from Illinois is recognized for 5 minutes in support 
of her motion.
  Ms. KELLY of Illinois. Mr. Speaker, my amendment is a long-overdue 
commonsense improvement that has bipartisan support in this House and 
has the majority of support of the American people. If my amendment 
passes, it will end this costly and irresponsible government shutdown 
and reopen the entire Federal Government so that we may once again 
appropriately serve the American people.
  As written, the bill before us offers the men, women, and children we 
represent little comfort. This piecemeal approach to funding the 
government is hurting folks in all of our districts. How can we commit 
to protecting nuclear security but not commit to the security of our 
Federal Government by completely funding it? How can we protect nuclear 
weapons but furlough our intelligence personnel who serve on the front 
lines in defending us from terrorist attacks? Why are we paying 
hardworking Federal employees, who want to get back to work, to stay at 
home and not to do the job our Nation depends on them to do?
  As we sit here voting to fund bills bit by bit, our constituents are 
being dealt the full blow and consequences of this shutdown. They can't 
afford for this shutdown to drag on as we mull over whether it is more 
important to get our food inspectors back on the job or for America's 
veterans to have their benefits claims processed.
  The piecemeal approach isn't working. The gimmicks must stop.
  As we discussed nuclear weapon security, I was reminded of the movie 
``War Games.'' This was the eighties movie with Matthew Broderick as 
the slacker hacker facing off against a supercomputer that was 
programmed to go to war when it doesn't even know what it is fighting 
for.
  I will allow a quick second for a ``spoiler alert'' and summarize: 
after several failed attempts at starting a global nuclear war, the 
computer runs through all the possible scenarios--all of which end in 
stalemates--before it discovers the concept of mutually assured 
destruction, the very simple concept that the war it was trying to 
launch was an exercise in futility because it would destroy the U.S. in 
the process.
  ``A strange game,'' the computer says. ``The only winning move is not 
to play.'' And that is where we find ourselves as a Nation, heading 
toward a mutually assured destruction at the hands of an ideological 
few, programmed to go to war when they don't even know the risk of the 
game they are playing and the consequences of their fight.
  We have had a week go by without the lessons resonating that there 
are no winners in the funding scenarios that have been brought to the 
floor, and the American people are losing out worst of all.
  But this isn't a game. This is reality. This isn't a fictional 
eighties movie. This is the United States of America in October of 
2013.
  For the past week, we have pursued a fundamentally inept method for 
reopening the government. Today we need to pay particular attention to 
one number, 79. That is how many different appropriations bills the 
House and Senate will have to pass to fund the full nondefense portion 
of the Federal Government, given the rate of funding and the bills 
passed or announced in the House of Representatives so far.
  The men, women, and children in my district--in all of our 
districts--are dealing with the taxing reality of a shut-down 
government. We can't cherry-pick who to fund and who not to fund bit by 
bit.
  I ask all of you to vote ``yes'' on this motion because Congress has 
a duty to offer the security of a functional government to our 
families, our veterans, and our economy. Vote ``yes'' on this motion. 
Vote ``yes'' to open up all of our government right now.

[[Page H6503]]

                             Point of Order

  Mr. FRELINGHUYSEN. Mr. Speaker, I make a point of order that the 
instructions contained in the motion violate clause 7 of rule XVI, 
which requires that an amendment be germane to the bill under 
consideration.
  As the Chair most recently ruled on October 10, the instructions 
contain a special order of business within the jurisdiction of the 
Committee on Rules, and, therefore, the amendment is not germane to the 
underlying bill.
  Mr. Speaker, I insist on my point of order.
  The SPEAKER pro tempore. Does the gentlewoman from Illinois wish to 
speak on the point of order?
  Ms. KELLY of Illinois. Yes, I do, Mr. Speaker.
  The SPEAKER pro tempore. The gentlewoman is recognized to speak on 
the point of order.
  Ms. KELLY of Illinois. Mr. Speaker, doesn't the bill before us fund a 
portion of the Federal Government? My motion to recommit would open up 
the entire Federal Government so that all of the benefits that the 
taxpayers have paid for with their hard-earned dollars are available.
  Can the Chair explain why it is not germane to open up all of the 
government instead of just a portion of the government? Mr. Speaker, if 
you rule this motion out of order, does that mean we will not have a 
chance to keep the entire Federal Government open today? Can the Chair 
please explain why we can't keep the entire Federal Government open 
today?
  The SPEAKER pro tempore. The gentleman from New Jersey makes a point 
of order that the instructions proposed in the motion to recommit 
offered by the gentlewoman from Illinois are not germane.
  The joint resolution extends funding relating to the National Nuclear 
Security Administration. The instructions in the motion propose an 
order of business of the House.
  As the Chair most recently ruled on October 10, 2013, a motion to 
recommit proposing an order of business of the House is not germane to 
a measure providing for the appropriation of funds because such motion 
addresses a matter within the jurisdiction of a committee not 
represented in the underlying measure.
  Therefore, the instructions propose a non-germane amendment. The 
point of order is sustained.
  Ms. KELLY of Illinois. I appeal the ruling of the Chair.
  The SPEAKER pro tempore. The question is, Shall the decision of the 
Chair stand as the judgment of the House?
  Mr. FRELINGHUYSEN. Mr. Speaker, I move to lay the appeal on the 
table.
  The SPEAKER pro tempore. The question is on the motion to table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. KELLY of Illinois. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, this 15-
minute vote on the motion to table will be followed by a 5-minute vote 
on passage of the joint resolution, if arising without further 
proceedings in recommittal.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 195, not voting 10, as follows:

                             [Roll No. 541]

                               YEAS--226

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barletta
     Barr
     Barton
     Benishek
     Bentivolio
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Culberson
     Daines
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Marchant
     Marino
     Massie
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NAYS--195

     Andrews
     Barber
     Barrow (GA)
     Bass
     Beatty
     Becerra
     Bera (CA)
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maffei
     Maloney, Sean
     Matheson
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters (CA)
     Peters (MI)
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--10

     Coble
     Crenshaw
     Herrera Beutler
     Higgins
     Maloney, Carolyn
     McCarthy (NY)
     McIntyre
     Rush
     Whitfield
     Young (FL)

                              {time}  1055

  Messrs. GARCIA and RICHMOND changed their vote from ``yea'' to 
``nay.''
  Mr. YOUNG of Alaska changed his vote from ``nay'' to ``yea.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  The SPEAKER pro tempore. The question is on the passage of the joint 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Ms. KAPTUR. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.

[[Page H6504]]

  The vote was taken by electronic device, and there were--ayes 248, 
noes 176, not voting 7, as follows:

                             [Roll No. 542]

                               AYES--248

     Aderholt
     Amash
     Amodei
     Bachmann
     Bachus
     Barber
     Barletta
     Barr
     Barrow (GA)
     Barton
     Benishek
     Bentivolio
     Bera (CA)
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Boustany
     Brady (TX)
     Braley (IA)
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Broun (GA)
     Buchanan
     Bucshon
     Burgess
     Bustos
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Conaway
     Cook
     Cotton
     Cramer
     Crawford
     Culberson
     Daines
     Davis, Rodney
     DelBene
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallego
     Garcia
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Heck (NV)
     Hensarling
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce
     Kelly (PA)
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     LaMalfa
     Lamborn
     Lance
     Lankford
     Latham
     Latta
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lynch
     Maloney, Sean
     Marchant
     Marino
     Massie
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mullin
     Mulvaney
     Murphy (FL)
     Murphy (PA)
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Perry
     Peters (CA)
     Peters (MI)
     Petri
     Pittenger
     Pitts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Radel
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Royce
     Ruiz
     Runyan
     Ryan (WI)
     Salmon
     Sanford
     Scalise
     Schneider
     Schock
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stewart
     Stivers
     Stockman
     Stutzman
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walorski
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westmoreland
     Whitfield
     Williams
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IN)

                               NOES--176

     Andrews
     Bass
     Beatty
     Becerra
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bonamici
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu
     Cicilline
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     Deutch
     Dingell
     Doggett
     Doyle
     Duckworth
     Edwards
     Ellison
     Engel
     Enyart
     Eshoo
     Esty
     Farr
     Fattah
     Frankel (FL)
     Fudge
     Gabbard
     Garamendi
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hanabusa
     Hastings (FL)
     Heck (WA)
     Himes
     Hinojosa
     Holt
     Honda
     Horsford
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Jeffries
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Maffei
     Maloney, Carolyn
     Matsui
     McCollum
     McDermott
     McGovern
     McNerney
     Meeks
     Meng
     Michaud
     Miller, George
     Moore
     Moran
     Nadler
     Napolitano
     Neal
     Negrete McLeod
     Nolan
     O'Rourke
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peterson
     Pingree (ME)
     Pocan
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Richmond
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Yarmuth

                             NOT VOTING--7

     Coble
     Crenshaw
     Herrera Beutler
     Higgins
     McCarthy (NY)
     Rush
     Young (FL)

                              {time}  1106

  So the joint resolution was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________