[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[House]
[Pages 3847-3849]
[From the U.S. Government Publishing Office, www.gpo.gov]




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. CANTOR. Mr. Speaker, pursuant to clause 2(a)(1) of rule IX, I 
hereby notify the House of my intention to offer a resolution as a 
question of the privileges of the House.
  The form of my resolution is as follows:

       Whereas at least three members of the House Democratic 
     Leadership have endorsed a procedural tactic for the sole 
     purpose of avoiding an up-or-down vote, by the yeas and nays, 
     on the Senate-passed health care bill;
       Whereas on Tuesday, March 16, 2010 Representative James 
     Clyburn, the House Majority Whip, stated, ``We will deem 
     passed the Senate bill. . .'';
       Whereas on Tuesday, March 16, The Washington Post reported, 
     ``After laying the groundwork for a decisive vote this week 
     on the Senate's health-care bill, House Speaker Nancy Pelosi 
     suggested Monday that she might attempt to pass the measure 
     without having members vote on it. Instead, Pelosi (D-Calif.) 
     would rely on a procedural sleight of hand. . .'';
       Whereas in the same Washington Post article, the Speaker 
     declared, ``. . . I like it because people don't have to vote 
     on the Senate bill.'';
       Whereas on Tuesday, March 16, McClatchy Newspapers reported 
     Representative John Larson, chairman of the House Democratic 
     Caucus, stated, ``Many of our members would prefer not to 
     have voted for the Senate bill.'';
       Whereas on Tuesday, March 9, U.S. News and World Report 
     reported, ``Pelosi gaffed, telling the local elected 
     officials assembled `that Congress [has] to pass the bill so 
     you can find out what's in it, away from the fog of 
     controversy.''';
       Whereas on Tuesday, March 16, The Washington Post 
     editorialized, ``. . . what is intended as a final sprint 
     threatens to turn into something unseemly and, more 
     important, contrary to Democrats' promises of transparency 
     and time for deliberation. . . . [I]t strikes us as a dodgy 
     way to reform the health-care system. Democrats who vote for 
     the package will be tagged with supporting the Senate bill in 
     any event.''


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are reminded to not traffic the well 
while another Member is speaking.
  The gentleman from Virginia may continue.
  Mr. CANTOR. Thank you, Mr. Speaker.
  The form of the remainder of the resolution is as follows:

       Whereas on Tuesday, March 16, the Cincinnati Enquirer 
     editorialized, ``This disgusting process, which Democrats 
     brazenly wish to bring to conclusion this week, is being done 
     with little regard for the opinions of a clear majority of 
     Americans who, while they may believe health care reform is 
     necessary, think this particular approach will take our 
     nation down the wrong economic path.'';
       Whereas bipartisan members of the House and Senate have 
     expressed their opposition to using the Slaughter Solution;
       Whereas on Wednesday, March 10, Representative Joe Donnelly 
     released the following statement, ``The process over the past 
     few months has been frustrating, including the cutting of 
     unacceptable special deals to assure a few senators' 
     votes.'';
       Whereas Representative Jason Altmire of Pennsylvania has 
     characterized the exploitation of the Slaughter Solution by 
     Democratic Leadership as ``wrong'' and unpopular among his 
     constituents;
       Whereas on Friday, March 12, POLITICO reported on a memo 
     sent from Representative Chris Van Hollen, chairman of the 
     Democratic Congressional Campaign Committee, to freshman and 
     sophomore House Democrats that stated, ``At this point, we 
     have to just rip the band-aid off. . . Things like 
     reconciliation and what the rules committee does is INSIDE 
     BASEBALL.'';
       Whereas on Tuesday, March 16, Roll Call reported, ``Hoyer 
     argued that the American public isn't interested in the 
     process lawmakers use for approving reforms. . .'';
       Whereas on Tuesday, March 16, Representative James Clyburn 
     told Fox News, ``Controversy doesn't bother me at all.'';
       Whereas the Democratic leadership of the House has 
     conducted a calculated and coordinated attempt to willfully 
     deceive the American people by embracing the ``Slaughter 
     Solution'';
       Whereas resorting to the ``Slaughter Solution'' in this 
     circumstance, is being done to intentionally hide from the 
     American people a future vote that Members of Congress may 
     take on the Senate-passed health care legislation;
       Whereas the deceptive behavior demonstrated by the 
     Democratic Leadership has brought discredit upon the House of 
     Representatives; and
       Whereas the Democratic leadership has willfully abused its 
     power to chart a legislative course for the Senate health 
     care bill that is deliberately calculated to obfuscate what 
     the House will vote on, in an illegitimate effort to confuse 
     the public and thereby fraudulently insulate certain 
     Representatives from accountability for their conduct of 
     their offices: Now, therefore, be it
       Resolved, That the House disapproves of the malfeasant 
     manner in which the Democratic Leadership has thereby 
     discharged the duties of their offices.

  Mr. CANTOR. Mr. Speaker, I seek to offer the resolution.


                         Parliamentary Inquiry

  Mr. HASTINGS of Florida. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman will state his parliamentary 
inquiry.
  Mr. HASTINGS of Florida. Mr. Speaker, does a privileged resolution 
lie against a rule as the gentleman's privileged resolution that he has 
read, does it lie when, in fact, no rule has been established or passed 
by the House with reference to this matter?
  The SPEAKER pro tempore. The Clerk will first report the resolution, 
then the Chair will determine its privileged status.
  The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 1194

       Whereas at least three members of the House Democratic 
     Leadership have endorsed a procedural tactic for the sole 
     purpose of avoiding an up-or-down vote, by the yeas and nays, 
     on the Senate-passed health care bill;
       Whereas on Tuesday, March 16, 2010 Representative James 
     Clyburn, the House Majority Whip, stated, ``We will deem 
     passed the Senate bill . . .'';
       Whereas on Tuesday, March 16, The Washington Post reported, 
     ``After laying the groundwork for a decisive vote this week 
     on the Senate's health-care bill, House Speaker Nancy Pelosi 
     suggested Monday that she might attempt to pass the measure 
     without having members vote on it. Instead, Pelosi (D-Calif.) 
     would rely on a procedural sleight of hand . . .'';
       Whereas in the same Washington Post article, the Speaker 
     declared, ``. . . I like it because people don't have to vote 
     on the Senate bill.'';
       Whereas on Tuesday, March 16, McClatchy Newspapers reported 
     Representative John Larson, chairman of the House Democratic 
     Caucus, stated, ``Many of our members would prefer not to 
     have voted for the Senate bill.'';
       Whereas on Tuesday, March 9, U.S. News and World Report 
     reported, ``Pelosi gaffed, telling the local elected 
     officials assembled

[[Page 3848]]

     `that Congress [has] to pass the bill so you can find out 
     what's in it, away from the fog of controversy.''';
       Whereas on Tuesday, March 16, The Washington Post 
     editorialized, ``. . . what is intended as a final sprint 
     threatens to turn into something unseemly and, more 
     important, contrary to Democrats' promises of transparency 
     and time for deliberation. . . . [I]t strikes us as a dodgy 
     way to reform the health-care system. Democrats who vote for 
     the package will be tagged with supporting the Senate bill in 
     any event.'';
       Whereas on Tuesday, March 16, the Cincinnati Enquirer 
     editorialized, ``This disgusting process, which Democrats 
     brazenly wish to bring to conclusion this week, is being done 
     with little regard for the opinions of a clear majority of 
     Americans who, while they may believe health care reform is 
     necessary, think this particular approach will take our 
     nation down the wrong economic path.'';
       Whereas bipartisan members of the House and Senate have 
     expressed their opposition to using the Slaughter Solution;
       Whereas on Wednesday, March 10, Representative Joe Donnelly 
     released the following statement, ``The process over the past 
     few months has been frustrating, including the cutting of 
     unacceptable special deals to assure a few senators' 
     votes.'';
       Whereas Representative Jason Altmire of Pennsylvania has 
     characterized the exploitation of the Slaughter Solution by 
     Democratic Leadership as ``wrong'' and unpopular among his 
     constituents;
       Whereas on Friday, March 12, POLITICO reported on a memo 
     sent from Representative Chris Van Hollen, chairman of the 
     Democratic Congressional Campaign Committee, to freshman and 
     sophomore House Democrats that stated, ``At this point, we 
     have to just rip the band-aid off . . . Things like 
     reconciliation and what the rules committee does is INSIDE 
     BASEBALL.'';
       Whereas on Tuesday, March 16, Roll Call reported, ``Hoyer 
     argued that the American public isn't interested in the 
     process lawmakers use for approving reforms . . .'';
       Whereas on Tuesday, March 16, Representative James Clyburn 
     told Fox News, ``Controversy doesn't bother me at all.'';
       Whereas the Democratic leadership of the House has 
     conducted a calculated and coordinated attempt to willfully 
     deceive the American people by embracing the ``Slaughter 
     Solution'';
       Whereas resorting to the ``Slaughter Solution'' in this 
     circumstance, is being done to intentionally hide from the 
     American people a future vote that Members of Congress may 
     take on the Senate-passed health care legislation;
       Whereas the deceptive behavior demonstrated by the 
     Democratic Leadership has brought discredit upon the House of 
     Representatives; and
       Whereas the Democratic leadership has willfully abused its 
     power to chart a legislative course for the Senate health 
     care bill that is deliberately calculated to obfuscate what 
     the House will vote on, in an illegitimate effort to confuse 
     the public and thereby fraudulently insulate certain 
     Representatives from accountability for their conduct of 
     their offices: Now, therefore, be it
       Resolved, That the House disapproves of the malfeasant 
     manner in which the Democratic Leadership has thereby 
     discharged the duties of their offices.

  The SPEAKER pro tempore. The resolution qualifies.


                            Motion to Table

  Mr. HOYER. Mr. Speaker, I move that we lay the resolution on the 
table.
  The SPEAKER pro tempore. The question is on the motion to lay the 
resolution on the table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. CANTOR. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on adopting the motion to table will be followed by 5-
minute votes on suspending the rules with regard to H.R. 3542, H.R. 
3509, and H. Res. 1173.
  The vote was taken by electronic device, and there were--ayes 232, 
noes 181, not voting 17, as follows:

                             [Roll No. 132]

                               AYES--232

     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Berkley
     Berman
     Berry
     Bishop (GA)
     Blumenauer
     Boccieri
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Yarmuth

                               NOES--181

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Heller
     Hensarling
     Herger
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (NY)
     Kingston
     Kirk
     Kissell
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--17

     Ackerman
     Barrett (SC)
     Becerra
     Bishop (NY)
     Cummings
     Davis (TN)
     Deal (GA)
     Ellsworth
     Hastings (WA)
     Hoekstra
     King (IA)
     Lofgren, Zoe
     Radanovich
     Sanchez, Linda T.
     Stark
     Westmoreland
     Wu


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1748

  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.

[[Page 3849]]

  A motion to reconsider was laid on the table.

                          ____________________