[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[House]
[Pages 10419-10420]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF H.R. 249, WILD FREE-ROAMING HORSES AND 
                 BURROS SALE AND SLAUGHTER PROHIBITION

  Ms. SUTTON. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 331 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 331

       Resolved,  That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 249) to restore the prohibition on the 
     commercial sale and slaughter of wild free-roaming horses and 
     burros. The first reading of the bill shall be dispensed 
     with. All points of order against consideration of the bill 
     are waived except those arising under clause 9 or 10 of rule 
     XXI. General debate shall be confined to the bill and shall 
     not exceed one hour equally divided and controlled by the 
     chairman and ranking minority member of the Committee on 
     Natural Resources. After general debate the bill shall be 
     considered for amendment under the five-minute rule. The bill 
     shall be considered as read. Notwithstanding clause 11 of 
     rule XVIII, no amendment to the bill shall be in order except 
     those printed in the portion of the Congressional Record 
     designated for that purpose in clause 8 of rule XVIII and 
     except pro forma amendments for the purpose of debate. Each 
     amendment so printed may be offered only by the Member who 
     caused it to be printed or his designee and shall be 
     considered as read. At the conclusion of consideration of the 
     bill for amendment the Committee shall rise and report the 
     bill to the House with such amendments as may have been 
     adopted. The previous question shall be considered as ordered 
     on the bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.
       Sec. 2. During consideration in the House of H.R. 249 
     pursuant to this resolution, notwithstanding the operation of 
     the previous question, the Chair may postpone further 
     consideration of the bill to such time as may be designated 
     by the Speaker.

[[Page 10420]]



                              {time}  1015

  The SPEAKER pro tempore. The gentlewoman from Ohio is recognized for 
1 hour.
  Ms. SUTTON. Mr. 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.
  Mr. Speaker, I yield myself such time as I may consume.


                             General Leave

  Ms. SUTTON. Mr. Speaker, I ask unanimous consent that all Members be 
given 5 legislative days within which to revise and extend their 
remarks on House Resolution 331.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Ohio?
  There was no objection.
  Ms. SUTTON. Mr. Speaker, House Resolution 331 provides for 
consideration of H.R. 249, to restore the prohibition on the commercial 
sale and slaughter of wild free-roaming horses and burros, under an 
open rule with a preprinting requirement.
  The rule provides 1 hour of general debate, equally divided and 
controlled by the chairman and the ranking minority member of the 
Committee on Natural Resources. The rule waives all points of order 
against consideration of the bill except clauses 9 and 10 of rule XXI. 
The rule requires that any amendments to the bill must be preprinted in 
the Congressional Record prior to their consideration. The rule 
provides one motion to recommit, with or without instructions.
  Mr. Speaker, H.R. 249 is a bipartisan bill that restores important 
protections for wild horses and burros from sale and slaughter. This 
bill is necessary because these long-standing protections were stripped 
by a rider inserted into the 2005 omnibus spending bill without a 
hearing or debate.
  The transportation practices faced by these wild horses and burros 
are cruel and inhumane. They are transferred hundreds or thousands of 
miles in cramped quarters, just so their meat can be consumed in 
foreign markets. H.R. 249 bans the sale of wild horses and burros by 
the Bureau of Land Management, as well as the transfer of these animals 
for the purpose of processing into commercial products.
  Over the last 2 years, the House has voted twice on this issue, and 
these passed either unanimously or overwhelmingly. But they have never 
been signed into law. It is time we end this inhumane practice once and 
for all.
  Since the enactment of these protections through the passage of the 
Wild Free-Roaming Horses and Burros Act in 1971, we have seen wild 
horse populations fall by more than 50 percent. These animals cannot 
wait any longer for us to reaffirm our commitment to the protections we 
promised 34 years ago.
  As an animal lover, I am deeply disturbed and opposed to suffering 
inflicted on animals and will work against practices that lead to their 
torture or injury. That is why we must pass this rule and pass H.R. 
249. These animals need protection, and it is time we restored it for 
them.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I thank my friend, 
the gentlewoman from Ohio (Ms. Sutton) for the time, and I yield myself 
such time as I may consume.
  Mr. Speaker, in 1971 Congress passed the Wild Free-Roaming Horse and 
Burro Act. That law established as national policy that wild free-
roaming horses shall be protected from capture, branding, harassment 
and death; and to accomplish this, they are considered in the area 
where presently found as an integral part of the natural system of the 
public lands. The law also directed that no wild free-roaming horse or 
its remains may be sold or transferred for consideration for processing 
into commercial products. However, the fiscal year 2005 Consolidated 
Appropriations Act directed that wild horses over 10 years old or that 
were not adopted after three attempts must be sold unconditionally.
  While ``excess'' wild horses have been cited as the reason for the 
recent changes in law, there are fewer wild horses on the public lands 
today than there were a quarter of a century ago. In 1980, there were 
approximately 62,000 wild horses on public lands. Today, there are 
approximately 28,000. The underlying bill, H.R. 249, would undo the 
current practice and would prohibit the commercial sale of wild horses 
by the Bureau of Land Management.
  With regard to process, again the majority likes to proclaim that 
they have offered another bill under what they are describing as an 
open rule. But it really is not an open rule. According to a survey of 
activities of the House Committee on Rules from the 104th Congress, an 
open rule is defined as ``one under which any Member may offer an 
amendment that complies with the standing rules of the House and the 
Budget Act.'' A modified open rule requiring preprinting in the 
Congressional Record is defined as a type of rule that permits the 
offering only of those amendments printed in the Congressional Record.
  Because Members under this rule that bring the underlying legislation 
to the floor today must submit their amendments prior to floor 
consideration, they are prohibited from offering amendments on the 
floor as the debate progresses. So if a Member, for example, Mr. 
Speaker, is watching the debate and has an idea to improve the bill 
pursuant to the debate, he or she has an idea, this rule prevents that 
Member from offering their amendment. So by its very nature, the rule 
is restrictive. It is not an open rule. So for the sake of clarity and 
specificity, we would point that out for the record, and we think the 
majority should stop calling it an open rule.
  I also want to point out that once again the majority offers this 
modified open rule on noncontroversial, bipartisan bills such as the 
one that we bring to the floor today, bills that really should be 
considered under suspension of the rules or under a genuinely open 
rule. If the majority really wants to live up to their campaign promise 
of a more open and bipartisan Congress, they should offer open rules, 
for example on this bill, and on bills where there is some controversy.
  Mr. Speaker, I yield back the balance of my time.
  Ms. SUTTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman for his support of the underlying 
measure.
  This House, in a bipartisan manner, has demonstrated its strong 
support for our wild horses and burros twice over the last 2 years. 
There is no reason we cannot continue this strong commitment to 
protecting these animals here again today. This is a commonsense issue 
that must be addressed. No longer can we ignore the inhumane treatment 
inflicted upon these wonderful and beautiful animals. I urge a ``yes'' 
vote on the previous question and on the rule.
  Mr. 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 on the table.

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