[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[House]
[Pages 19206-19208]
[From the U.S. Government Publishing Office, www.gpo.gov]




    WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO 
CONSIDERATION OF CERTAIN RESOLUTIONS AND PROVIDING FOR CONSIDERATION OF 
                      MOTIONS TO SUSPEND THE RULES

  Mr. POLIS. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 1752 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1752

       Resolved, That the requirement of clause 6(a) of rule XIII 
     for a two-thirds vote to consider a report from the Committee 
     on Rules on the same day it is presented to the House is 
     waived with respect to any resolution reported through the 
     legislative day of December 18, 2010.
       Sec. 2.  It shall be in order at any time through the 
     legislative day of December 18, 2010, for the Speaker to 
     entertain motions that the House suspend the rules. The 
     Speaker or her designee shall consult with the Minority 
     Leader or his designee on the designation of any matter for 
     consideration pursuant to this section.

  The SPEAKER pro tempore (Mr. Driehaus). The gentleman from Colorado 
is recognized for 1 hour.
  Mr. POLIS. 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 the rule is for debate only. I 
yield myself such time as I may consume.


                             General Leave

  Mr. POLIS. I also ask unanimous consent that all Members be given 5 
legislative days in which to revise and extend their remarks on H. Res. 
1752.

[[Page 19207]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. POLIS. Mr. Speaker, House Resolution 1752 waives the requirement 
of clause 6 of rule XIII requiring a two-thirds vote to consider a rule 
on the same day it is reported from the Rules Committee. This would 
allow for the same day consideration of any resolution reported through 
the legislative day of December 18, 2010. Finally, the rule allows the 
Speaker to entertain motions to suspend the rules through the 
legislative day of December 18, 2010. The Speaker or her designee shall 
consult with the minority leader or his designee on the designation of 
any matter for consideration pursuant to this resolution.
  Today, Mr. Speaker, as we near the end of the historic 111th 
Congress, key legislation remains to be completed. This rule will 
provide flexibility to allow bipartisan negotiations to continue and 
put the finishing touches on important initiatives before our 111th 
Congress. This rule will allow the House to act as fast as it can when 
receiving legislation from the Senate which, as we all know, can arrive 
on a very unpredictable time frame. The unpredictability of the Senate 
thus far this Congress, the lengthy negotiations process, and the 
partisanship affects the prospects and drastically reduces our ability 
to take on so many important bills.
  This rule today is critical so that we can move forward to consider 
middle class tax cuts, the DREAM Act, food safety, defense 
authorization, regardless of where Members of this body stand on 
particular issues, and I think we owe it to our country to bring them 
forward in a timely manner for full consideration by this body.
  I am very proud to be a Member of the 111th Congress. This Congress 
has been one of the most productive bodies in half a century and our 
work is not complete. We've passed several historic bills that will 
improve the lives of every American and help dig us out of an economic 
disaster leading to our recovery. We've also passed legislation to make 
college loans more affordable, to protect consumers from usurious 
credit card interest rates, to make it easier for women to challenge 
pay discrimination, to finally regulate tobacco products under the FDA, 
to crack down on waste in the Pentagon; from giving business tax 
incentives to hire unemployed workers and giving tax credits to first-
time homebuyers which realtors in my district have told me really 
helped get the market going again.
  But despite these historic accomplishments, there remains much work 
to be done in our final weeks. I could stand here as many Members of 
this body could for hours talking about the many bills we would like to 
take up and the programs we need to reauthorize, bills that would 
create jobs in America, strengthen our national security, fixing our 
broken immigration system, feeding our children, and repairing our 
highways. By extending same day and suspension authority until December 
18, the day when government funding runs out, we're making a commitment 
to the country that will uphold our constitutional responsibility and 
stay on task and keep the government running. We're also keeping the 
promises that we made to our communities and our nation.
  If it comes down to the wire, Mr. Speaker, this rule would give us 
the flexibility to act in a timely fashion. We know that to consider a 
bill under a rule, there needs to be a one-day layover and that 
suspensions are only considered Monday through Wednesday. Without this 
rule, if the Senate sends us a government funding measure on Saturday, 
December 18, we would have to literally let the government shut down. 
This rule is a matter of efficiency. We're all aware of the time 
constraints before us and the limited time remaining in this session as 
well as the work that needs to be done. It will do the American people 
no service if their elected representatives are here debating multiple 
procedural rules, wasting our taxpayer dollars when government shuts 
down. That's why we've extended the authority through the end of the 
current CR. Let us save the remaining time of the 111th Congress to 
debate the important initiatives that are still pending and pass this 
rule today.
  Mr. Speaker, these are not unusual procedures. I want to point out 
that in the 109th Congress, the Republican majority reported at least 
21 rules that allowed for same day consideration. In fact, five of 
those rules waived this requirement against any rule reported from the 
committee.
  Mr. Speaker, this will also be the last rule that I have the honor of 
co-managing with my good friend and colleague from Florida (Mr. Diaz-
Balart), and I just want to say a few words on his behalf. It has been 
a great pleasure serving with the gentleman from Florida on the Rules 
Committee, having managed a number of rules together on the floor. I 
have always appreciated his thoughtful and incisive remarks on the 
Rules Committee and on the floor. His championing of developing 
American capital, developing the economy in Florida, in Miami; his 
dedication to foreign relations and affairs, to help restore democracy 
to a country from which he derives his heritage. Lincoln Diaz-Balart is 
truly a great American. I look forward to staying in touch with him in 
his future journeys, because I know that his career in Congress is not 
the end of his professional career or his life journey but it is merely 
a stage and a beginning and we will hear many great things in the 
future from one of the most respected, talented, insightful Members of 
this Chamber. It has truly been an honor to have been his colleague on 
the Rules Committee.
  With that, I reserve the balance of my time.

                              {time}  1240

  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I yield myself such 
time as I may consume. I thank my friend from Colorado (Mr. Polis) for 
the time.
  I also thank him for his gracious words. He, in the short period of 
time that he has been here, has already left a mark with his 
thoughtfulness and his hard work, and really his conscience and 
compassion. He has left a mark on this Congress. And I know his 
constituents must be, and will continue to be, very proud to have sent 
him here because they have already seen the kind of Member of Congress 
that Jared Polis is. So I thank him for those kind words.
  And I share with him the view that we have been able to work on some 
projects together, and my hope that we will be able to work in the 
future. And really my almost certainty that we will be able to work 
together in the future on important projects as well.
  Mr. Speaker, as this, the 111th Congress, proceeds, it's in its final 
days evidently. The rule before us provides for expedited same day 
consideration for all legislation brought forward until December 18, 
and extends suspension authority for that period. It's really martial 
law rule because it closes down the process, does not allow Members of 
Congress to review legislation, to really know what legislation that 
will be considered is about. And in an historically unprecedented 
manner, it sets 11 days for this expedited consideration of legislation 
without necessarily showing legislation to colleagues before 
consideration.
  The congressional majority and the Speaker have not fulfilled their 
2006 campaign pledge to have, and I quote, ``The most honest, the most 
open, and the most ethical Congress in history.'' It was indeed needed 
reform at that time. But as we now know, it failed to materialize.
  This majority admits, Mr. Speaker, with the rule before us today, it 
admits that it doesn't even pretend to care about fair process and 
transparency and the rights of the minority any more. The congressional 
majority feels no need to allow the public and all of our colleagues to 
read legislation before the House votes. The language before us allows 
bills to be considered the same day that they are ushered through the 
Rules Committee. The majority cares little for the ability of Members 
to have input in the form of amendments to vital, must-pass legislation 
that we will consider in the next days and weeks.

[[Page 19208]]

  I think it's important to note, though I think it's unfortunate, that 
the House of Representatives has not considered even one open rule this 
Congress. And that would have been certainly something that I would not 
have expected. In my 18 years here, I have never seen this before, and 
did not expect it. This House has not considered even one open rule 
this Congress.
  Now, we've come to expect that from the current majority. And so it's 
to be expected that the majority will have more martial law rules like 
the one before us in the days ahead. I think it's appropriate, I think 
it's good news that the Republicans, that we have made a pledge that I 
am confident will be kept. I am happy to report that very soon there 
will be significant and impactful course correction in the House of 
Representatives. The Members will be able to read legislation before 
they cast votes. Open rules will make a triumphant return to the House 
floor. All Representatives in this House will be able to contribute to 
the legislative process, bringing forth a chorus of ideas that have 
been suppressed during the last two Congresses. So that's good news. 
And that is one of the good things about renewal in politics and the 
democratic process.
  Again I thank Mr. Polis for his courtesy, for his friendship, and all 
of my colleagues. As I said a few weeks ago, these have been an 
extraordinary 18 years, Mr. Speaker, the honor of my life. This is the 
Congress of the greatest Nation in the world. And it's a miracle. The 
United States of America is a miracle of freedom. And so as I leave 
this House, again I thank all of my colleagues for the honor of being 
able to have been able to serve with them, for the honor of having been 
able to serve with them, both those who have helped me, who have agreed 
with me and the causes that I have fought, and those who have opposed 
me. It's been an honor to serve with all of them.
  At this point we have no further speakers, and so, Mr. Speaker, I 
urge my colleagues to vote ``no'' on this rule, and to let this House 
return to openness a few weeks ahead of schedule.
  I yield back the balance of my time.
  Mr. POLIS. Mr. Speaker, this is a simple and important vote. The 
111th Congress has done a great deal, and it has been one of the most 
accomplished Congresses in decades. However, there are critical needs 
that must be met before this body adjourns and gives way to the next 
United States Congress.
  Mr. Speaker, it's been said that as a Member of the House one's true 
opponent is not the opposing party, but rather the Senate. This has 
never been more true, as the most deliberative body has unfortunately 
pushed some very complicated and yet critical decisions to the last 
minute, down to the wire, forcing the House and the American people in 
the position we find ourselves in today.
  Mr. Speaker, Congress is riddled with ways to obstruct and delay 
progress on bills. Just a few weeks ago, the House barely scraped 
together the votes to pass a child nutrition bill. In the Senate, a 
minority of Members continue to stall the defense authorization act, 
the DREAM Act, as well as their work, necessary work on making sure 
that middle class Americans don't face an increase in taxes come 
January.
  Gridlock is typical of Congress. And of course discussion is an 
important part of the political process. But never before have so many 
within government set out to stop progress for political gain at a 
great cost to our Nation. This rule will simply allow the necessary 
work of this House to continue, both proactively and reactively with 
regards to the United States Senate.
  The American people want Congress to create jobs and grow the economy 
by working together. It's not a small task. But it certainly can't be 
accomplished if we yield to those who would stand in the way of 
progress. That's why we must pass this rule today, Mr. Speaker, to 
allow this body to pass critical provisions to allow government to 
continue to operate essential services for our citizens, defending our 
borders and our Nation from threats here and abroad, to make sure that 
middle class Americans don't face the largest tax increase in history 
come January. Not only do we need to make hard, well-informed decisions 
about what to do with regard to our tax code, but we need to make tough 
decisions about many other tax provisions that are scheduled to expire 
at the end of this calendar year.
  It is that calendar, that 10-year clock that necessitates the 111th 
Congress getting this work done prior to the end of the year. I 
strongly encourage my colleagues to vote ``yes'' on the previous 
question and the rule.
  I yield back the balance of my time, and I move the previous question 
on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, on that I demand the 
yeas and nays.
  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.

                          ____________________