[Congressional Record (Bound Edition), Volume 162 (2016), Part 9]
[House]
[Pages 12671-12679]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF H.R. 5351, PROHIBITING THE TRANSFER OF 
ANY DETAINEE AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, AND 
 PROVIDING FOR CONSIDERATION OF H.R. 5226, REGULATORY INTEGRITY ACT OF 
                                  2016

  Mr. BYRNE. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 863 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 863

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider in the House the bill (H.R. 5351) to 
     prohibit the transfer of any individual detained at United 
     States Naval Station, Guantanamo Bay, Cuba. All points of 
     order against consideration of the bill are waived. The 
     amendment printed in part A of the report of the Committee on 
     Rules accompanying this resolution shall be considered as 
     adopted. The bill, as amended, shall be considered as read. 
     All points of order against provisions in 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 Armed Services; and (2) one motion 
     to recommit with or without instructions.
       Sec. 2.  At any time after 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. 
     5226) to amend chapter 3 of title 5, United States Code, to 
     require the publication of information relating to pending 
     agency regulatory actions, and for other purposes. The first 
     reading of the bill shall be dispensed with. All points of 
     order against consideration of the bill are waived. General 
     debate shall be confined to the bill and shall not exceed one 
     hour equally divided and controlled by the chair and ranking 
     minority member of the Committee on Oversight and Government 
     Reform. After general debate the bill shall be considered for 
     amendment under the five-minute rule. It shall be in order to 
     consider as an original bill for the purpose of amendment 
     under the five-minute rule an amendment in the nature of a 
     substitute consisting of the text of Rules Committee Print 
     114-63. That amendment in the nature of a substitute shall be 
     considered as read. All points of order against that 
     amendment in the nature of a substitute are waived. No 
     amendment to that amendment in the nature of a substitute 
     shall be in order except those printed in part B of the 
     report of the Committee on Rules accompanying this 
     resolution. Each such amendment may be offered only in the 
     order printed in the report, may be offered only by a Member 
     designated in the report, shall be considered as read, shall 
     be debatable for the time specified in the report equally 
     divided and controlled by the proponent and an opponent, 
     shall not be subject to amendment, and shall not be subject 
     to a demand for division of the question in the House or in 
     the Committee of the Whole. All points of order against such 
     amendments are waived. 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. Any Member may demand a separate vote in the House 
     on any amendment adopted in the Committee of the Whole to the 
     bill or to the amendment in the nature of a substitute made 
     in order as original text. 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.

  The SPEAKER pro tempore. The gentleman from Alabama is recognized for 
1 hour.
  Mr. BYRNE. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Massachusetts (Mr. 
McGovern), pending which I yield myself such time as I may consume. 
During consideration of this resolution, all time yielded is for the 
purpose of debate only.


                             General Leave

  Mr. BYRNE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alabama?
  There was no objection.
  Mr. BYRNE. Mr. Speaker, House Resolution 863 allows for consideration 
of two pieces of legislation.
  First, H.R. 5226, the Regulatory Integrity Act, would require the 
publication of information relating to proposed and pending agency 
regulations. Already, in this year alone, the Obama administration has 
imposed $63 billion in new regulatory costs and has proposed an 
additional $16 billion.
  When I tour small businesses back in southwest Alabama, the top 
complaint I hear is that they are drowning in red tape and regulations. 
They are forced to take time and resources away from running their 
business and instead focus them on complying with government 
bureaucracy. Regulations don't just hurt businesses. They in turn cause 
prices to increase on goods and services, which is felt by American 
families all across the United States.
  This bill is about transparency and open government. It simply 
requires Federal agencies to post, in a central unified location, 
information regarding regulatory actions. Americans shouldn't have to 
search Web site after Web site looking for this information, if they 
can even find it at all.
  The bill also would prevent agencies from actively lobbying or 
campaigning in support of any proposed rules. This has been an issue in 
the past, and it is simply not the role of a Federal agency to act as a 
lobbyist or an activist.
  Mr. Speaker, I find it hard to believe that anyone will disagree with 
making the government more open, transparent, and accessible. I hope 
this legislation passes with broad, bipartisan support.
  The other bill covered under this rule is very important as it 
relates to our

[[Page 12672]]

Nation's national security. H.R. 5351 will prohibit the transfer of any 
individual detained at United States Naval Station, Guantanamo Bay, 
Cuba. This bill would prevent any of the 61 prisoners remaining at 
Guantanamo Bay from being brought to the United States or transferred 
to a foreign country.
  President Obama's pledge to close Guantanamo Bay started as a 
campaign promise in 2007. After his election, he signed an executive 
order declaring that the prison would be closed in 1 year. Thanks to 
bipartisan opposition by Congress and resistance by intelligence 
agencies, these efforts have so far proved unsuccessful.
  President Obama originally planned to bring the prisoners to a new 
facility here in the United States. Not surprisingly, no State wanted 
to be the one selected to house terrorists. Members of this body from 
both sides of the aisle were up in arms.
  Since that plan failed, President Obama has been releasing these 
terrorists to foreign countries, most of which are located in the 
Middle East. So here we are in the waning days of the Obama 
administration, and I fear that the President may try a new trick to 
close the prison. In fact, on August 15, President Obama released 15 
Guantanamo detainees at once. That is the most detainees he has 
released at one time during his entire Presidency.
  I think it is also important to remember that most of the remaining 
prisoners are very dangerous. Yesterday, in testimony before the Rules 
Committee, the ranking member of the Armed Services Committee, Mr. 
Smith, testified that 41 of the remaining detainees are ``considered to 
be so dangerous as to be untransferable.'' So this legislation is 
necessary and is required in order to keep the American people and our 
allies around the world safe.
  One of the main goals of Guantanamo Bay is to keep these terrorists 
from returning to the battlefield. Sadly, it has become clear that some 
of the detainees released have returned to the fight against the United 
States.
  Information on the status of released detainees is hard to come by. 
The White House has released very few details and hidden almost all of 
the information out of the eye of the American people by placing it 
under extreme classification requirements. But in testimony before 
Congress, an Obama administration official admitted that at least 12 
individuals released from Guantanamo Bay have gone on to launch attacks 
and kill Americans--12 individuals released from Guantanamo Bay have 
gone on to launch attacks and kill Americans.

                              {time}  1300

  During testimony before the House Foreign Affairs Committee, the 
official testified that, ``What I can tell you is unfortunately, there 
have been Americans that have died because of Gitmo prisoners.''
  Reports have indicated that it was a former Guantanamo detainee who 
helped organize and plan the attack on the U.S. diplomatic compound in 
Benghazi, Libya. Let's not forget that four Americans lost their lives 
during that attack.
  I want to point out that this problem isn't new under the Obama 
administration. In fact, reports show that 111 of the prisoners 
released by former President George W. Bush returned to terrorist 
activities.
  And let's be clear, any life lost at the hands of a former Guantanamo 
detainee is one life too many. These are deaths that are preventable, 
if we just keep these terrorists locked up.
  Mr. Speaker, we ask our servicemembers to put their lives on the line 
each day and every day in order to keep the American people safe. How 
can we ask them to do that while knowing that we are releasing cruel, 
brutal terrorists back to the battlefield? It is reprehensible.
  These releases and efforts to close the prison must stop. It is a 
shame that congressional action is even needed, but that is the reality 
of the situation.
  And let's not forget, the individuals still left in Guantanamo are 
the worst of the worst. The Pentagon told Senator Kelly Ayotte that 93 
percent of the detainees left at Guantanamo were ``high risk'' for 
returning to terrorist activities.
  Here is a quick snapshot of the remaining terrorists: Many of them 
fought on the front lines against U.S. coalition forces in Afghanistan. 
Some of them served as bodyguards for Osama bin Laden and worked as 
instructors at al Qaeda training camps. One person is well versed in 
explosives and served in an al Qaeda improvised explosive device cell 
that targeted coalition forces in Afghanistan. When captured, he had 23 
antitank land mines.
  These are just a few examples of the people we are talking about 
here. We aren't talking about low-level operatives. These are really 
bad guys.
  So I fear this President may once again put politics above national 
security. I fear he is more concerned about keeping a campaign promise 
than he is about keeping the American people--especially our 
servicemembers fighting in the Middle East--safe.
  Ultimately, if we don't keep them in Guantanamo, where exactly do you 
want these terrorists to go? Do you want them to be transferred into 
the United States? I would ask my colleague on the other side of the 
aisle: Would he want them in his home State of Massachusetts? Or do you 
want us to send them back to the Middle East, where we can't control 
what actions they take and where many of them are returning to 
terrorist activity?
  To me and a majority of Americans, the choice is clear: We need to 
keep these terrorists in Guantanamo Bay where they can do no more harm.
  Mr. Speaker, I urge my colleagues to support House Resolution 863 so 
we can move forward with consideration of these two very important 
bills.
  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I want to thank the gentleman from Alabama 
(Mr. Byrne) for yielding me the customary 30 minutes, and I yield 
myself such time as I may consume.
  Mr. Speaker, I rise in strong opposition to this rule and to the 
underlying legislation.
  We are only scheduled to be in session for two more weeks before 
leaving until after the November election. And instead of considering 
legislation to adequately respond to the Zika crisis or address the 
water crisis in Flint, Michigan, or deal with the terrible gun violence 
plaguing our communities, we are back on the floor with more Republican 
messaging bills that are going nowhere.
  On these pressing matters, where is the leadership from Speaker Ryan 
and the Republican Conference? How can this Congress further delay 
action on these issues that are so important to the health and the 
safety of the American people?
  The rule before us today provides for consideration of two deeply 
flawed pieces of legislation. The first, H.R. 5226, imposes overly 
burdensome requirements designed solely to hamstring the Federal 
rulemaking process. The second, H.R. 5351, prohibits the transfer of 
any individual detained at the prison at the U.S. Naval Station, 
Guantanamo Bay, Cuba. Until January 21, H.R. 5351 would prohibit the 
transfer of any detainee held at Guantanamo not just to the United 
States but also to any foreign country.
  The Republican leadership could have chosen to use these final months 
to work constructively with the administration on how to transfer to 
other countries the approximately 20 remaining detainees who have been 
cleared for transfer. The Republican leadership could have chosen to 
help build a consensus around the timeframe for transferring to maximum 
security facilities in the United States the remaining detainees who 
have been charged with crimes or deemed too dangerous to release.
  Instead, they chose to bring this bill to the House floor and close 
down any and all reasonable avenues to safely and securely reduce the 
population at Guantanamo. Mr. Speaker, this is simply crazy.
  Continuing the operation of Guantanamo prison is a threat to our 
national security of our own making. It damages our relations with key 
allies and partners. It provides a rallying cry to violent extremists. 
And it undermines

[[Page 12673]]

our moral authority and credibility in ways large and small across all 
aspects of our foreign policy and military policy.
  Since it opened in 2002, the prison at Guantanamo has cost the 
American taxpayer $4.8 billion. In 2013, U.S. taxpayers spent $454 
million on this prison, which now holds just 61 detainees. That is 
about $7.4 million for each prisoner, compared to around $70,000 for a 
prisoner held in solitary confinement in a maximum security prison here 
in the United States.
  Mr. Speaker, the Oklahoma City bomber was tried and imprisoned in the 
United States. The World Trade Center bomber was tried and imprisoned 
in the United States. The Boston Marathon bomber was tried and 
imprisoned in the United States. Serial killers, psychopaths, 
terrorists, saboteurs--they have all been in custody, tried, and 
imprisoned safely and securely in the United States and, I would add, 
far more successfully than any trial or tribunal held at Guantanamo and 
at a much smaller taxpayer expense. Why not the remaining detainees at 
Guantanamo?
  There should be a way for both parties to work this out. If only the 
leaders of this Congress were willing to work with this administration 
and be committed to finding a way to shut down Guantanamo once and for 
all. But instead, we are here today throwing up yet another set of 
roadblocks.
  Eight years ago, Presidential candidates John McCain and Barack Obama 
agreed on one issue: it was time to shut down the prison at Guantanamo 
Bay, Cuba. Former President George W. Bush believes we should shut it 
down.
  I have a letter dated yesterday and addressed to all Members of 
Congress from Marine Corps Major General Michael P. Lehnert, the very 
first commander of the detention facility at Guantanamo, asking us to 
oppose this bill and to close Guantanamo.
  I have another letter here, dated March 1, from retired generals and 
admirals who also advocate for the closure of our prison at Guantanamo.
  Mr. Speaker, the failure to close Guantanamo is a stain on Congress. 
It is Congress that has hindered efforts to release detainees cleared 
for transfer to third-party countries. It is Congress that has barred 
the Pentagon from moving those who must remain in prison to maximum 
security facilities here in the United States. It is Congress that has 
undermined America's standing as a champion for human rights.
  Mr. Speaker, this bill is going nowhere. It certainly will never be 
signed into law. It is a waste of time that could be better spent on 
addressing the crisis of clean water in Flint, Michigan, granting real 
money to deal with the national opiate crisis and the spread of the 
Zika virus in the United States, and responding to the crisis of gun 
violence in our cities and communities across America.
  Mr. Speaker, in June, when 49 innocent people were ruthlessly killed 
in an LGBT nightclub in Orlando, Americans across the country were 
heartbroken and looked to their leaders for action. Surely in the face 
of such tragedy, House Republicans would put partisan politics aside. 
Surely both parties could come together to pass bipartisan legislation 
to reduce gun violence by keeping guns out of the wrong hands.
  House Democrats tried repeatedly to bring up bipartisan gun reform 
legislation that the overwhelming majority of the American people 
support. The bills would expand background checks and stop anyone on 
the FBI's terrorist watch list from buying a gun. What could be more 
common sense than that?
  All we wanted was to debate the legislation and have a fair up-or-
down vote, but Republicans continued to put up roadblocks and refused 
to even let us consider these bills. So House Democrats held a 25-hour 
sit-in on the House floor, raising the voices of millions of Americans 
who are sick and tired of seeing their families and neighbors gunned 
down in communities all across the country while Congress does 
absolutely nothing.
  Instead, Speaker Ryan and House Republicans abruptly shut Congress 
down for summer recess, the longest in modern era. While House 
Republicans were on summer vacation, more than 2,300 Americans were 
killed by guns.
  Now Congress is back, and, instead of doing the right thing and 
finally bringing bipartisan gun reform legislation to the floor, we 
hear through the press that Speaker Ryan and House Republicans are 
looking at ways to punish Democrats for our sit-in demanding action to 
reduce gun violence.
  Really? Congress is only scheduled to be in session for 2 weeks until 
we recess again, and this is one of the Republican priorities?
  We need real leadership, not more finger wagging. I urge my 
colleagues on the other side of the aisle to ask themselves: Is this 
really what your constituents want? Is this what they sent you to 
Congress to do?
  And let me be clear, and let me be crystal clear. If Republicans 
think that we will be intimidated or silenced by any legislation that 
they bring to the floor to slap us on the wrist simply for asking 
Congress to do its job, they are wrong.
  The fact that Republicans are appalled by our demand to debate and 
the fact that they are appalled by our demand that there be a debate 
and a vote on gun safety legislation I find outrageous.
  My question is: Why aren't my Republican friends appalled by the 
massacres in Orlando and San Bernardino and Aurora and Newtown and 
Charleston--and I could go on and on and on and on. Why are they not 
appalled by the gun deaths that happen each and every day in these 
United States of America? All we get from them is nothing. All we get 
from them is silence and indifference and apathy and, oh, legislation 
to condemn Democrats for wanting to do something. It is sad, and it is 
pathetic, Mr. Speaker.
  Mr. Speaker, I am going to ask my colleagues to defeat the previous 
question; and if we defeat the previous question, I will offer an 
amendment to the rule to bring up the bipartisan no fly, no buy 
legislation that would allow the Attorney General to bar the sale of 
firearms and explosives to those on the FBI's terrorist watch list.
  Mr. Speaker, the time to act is now. There were more than 2,000 gun-
related deaths during this summer alone while we were on recess. This 
country cannot tolerate Republican intransigence any longer. Mr. 
Speaker, we are asking and we are demanding that the Republican 
leadership and this House do its job.
  Mr. Speaker, I ask unanimous consent to insert the text of my 
amendment in the Record along with extraneous material immediately 
prior to the vote on the previous question.
  The SPEAKER pro tempore (Mr. Womack). Is there objection to the 
request of the gentleman from Massachusetts?
  There was no objection.
  Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
  Mr. BYRNE. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from the State of Washington (Mr. Newhouse), my colleague 
from the Rules Committee.
  Mr. NEWHOUSE. I would like to thank the gentleman from Alabama for 
yielding.
  Mr. Speaker, I rise today in support of the rule and the underlying 
legislation, H.R. 5226, the Regulatory Integrity Act. In recent years, 
a disturbing trend has emerged among Federal agencies. In a number of 
instances, Federal agencies have used taxpayer dollars to fund public 
communication campaigns attempting to lobby for agency regulations. 
Despite multiple Federal laws explicitly prohibiting this, agencies 
continue to ignore these laws and use taxpayer dollars to lobby on the 
very regulations their agencies are developing.
  Several months ago, in my own home State of Washington, a campaign 
known as What's Upstream came to light. I would like to point your 
attention to this poster. Through this broad and unfair ad campaign, 
all farmers were demonized as careless polluters. What's Upstream used 
billboards, bus and radio ads, and a visually assaulting Web site 
depicting dead fish and polluted water to encourage private citizens to 
contact their State legislators and push for stricter regulations on

[[Page 12674]]

farmers. It is also important to note that it has been discovered that 
these images were not even from the State of Washington.

                              {time}  1315

  As a lifelong farmer myself, who has seen firsthand the remarkable 
proactive steps farmers have taken to protect our resources, I was 
insulted by the blatant lies this campaign has spread about farmers. 
What is probably more insulting, though, can be seen by these pictures 
of the What's Upstream Web site. What's Upstream encouraged site 
visitors to send messages to ``Washington State Senators whose votes we 
hope to influence.'' This is lobbying in the truest sense of the word. 
The real kicker is when you scroll down to the bottom of the page to 
see who it was funded by: ``This message has been funded wholly or in 
part by the United States Environmental Protection Agency.''
  Now, just stop and think about that for just a second. Your hard-
earned taxpayer dollars are being used by the EPA to lie about farmers 
and then to lobby State legislators to put in place stricter 
regulations against farmers. It is unconscionable, and it violates the 
law.
  Earlier this year, I was proud to colead a letter with my friend from 
Nebraska, Congressman Ashford, to EPA Administrator McCarthy expressing 
outrage and demanding an investigation into this campaign. I was 
honored to have 145 House Members--fully one-third of the entire body--
join us on that letter demanding accountability.
  This campaign exposed us to a very real need for grant and lobbying 
reform, which H.R. 5226 takes a good first step in bringing. By 
requiring all executive agencies to disclose their public 
communications, it will help bring transparency to agency 
communications and ensures that these types of activities cannot hide 
or go unnoticed. While future steps may be necessary, I was proud to 
work with Congressman Walberg to introduce this legislation, and I 
thank him for his leadership on this issue.
  Our agricultural community and the American taxpayers deserve 
accountability, and I look forward to continuing to work for this 
bill's enactment.
  Mr. McGOVERN. Mr. Speaker, so let me get this straight. In response 
to 49 people killed in Orlando, 14 in San Bernardino, 9 in Charleston, 
27 mostly kids in Newtown, 12 in Aurora, 6 in Tucson, Arizona--and our 
former colleagues, Congressman Giffords and Congressman Ron Barber, 
were shot there--and 32 in Virginia Tech--I can go on and on and on.
  So, in response to all of that, what my Republicans friends are doing 
is bringing a bill to the floor, and we are talking about legislation 
that is going nowhere. The Senate is not going to take it up. And even 
if it did, the White House is going to veto it. That is the response.
  That is where the frustration on this side of the aisle is, that 
there are real, meaningful things that we need to do in this Congress, 
including protect the American people from this epidemic of gun 
violence, and instead of bringing legislation to the floor to do that, 
instead of working with us, instead of holding hearings, we get press 
releases from the Republican Congressional Campaign Committee that are 
going nowhere. We are wasting our time. We are wasting the American 
taxpayers' money.
  Mr. Speaker, I yield to the gentleman from California (Mr. Thompson) 
for the purpose of a unanimous consent request.
  Mr. THOMPSON of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Kenneth D. Whitaker, a victim of 
gun violence who never received a moment of silence on the House floor.
  The SPEAKER pro tempore. The Chair would advise the minority manager 
that the customary 30 minutes of debate time that has been yielded to 
him is for debate purposes only.
  As a result, the Chair must ask the majority manager if he would 
yield for this unanimous consent request.
  Mr. BYRNE. Mr. Speaker, during consideration of this resolution, all 
time yielded is for the purpose of debate only.
  The SPEAKER pro tempore. The gentleman from Alabama does not yield; 
therefore, the unanimous consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from California 
(Mr. Honda) for the purpose of a unanimous consent request.
  Mr. HONDA. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Jeanette Hernandez, a victim of gun violence who never 
received a moment of action on the House floor.
  The SPEAKER pro tempore. Once again, the gentleman from Massachusetts 
is reminded that the time yielded is for purposes of debate only. The 
gentleman from Alabama has not yielded for purposes of this unanimous 
consent request, and it, therefore, cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from Florida 
(Ms. Castor) for the purpose of a unanimous consent request.
  Ms. CASTOR of Florida. Mr. Speaker, I ask unanimous consent to bring 
up H.R. 1217, the bipartisan expanded background checks legislation, to 
honor the memory of Martavious Carn, age 3, a Florida victim of gun 
violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. Once again, the gentleman from Alabama has 
not yielded for this unanimous consent request. It cannot be 
entertained at this time.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Judy Chu) for the purpose of a unanimous consent request.
  Ms. JUDY CHU of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Justin Lee Sifuentes, a victim of 
gun violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The gentleman from Alabama has not yielded 
for this unanimous consent request. It cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Mrs. Napolitano) for the purpose of a unanimous consent request
  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent to bring up 
H.R. 1217, the bipartisan expanded background checks legislation, to 
honor the memory of Jennie Lou Hawley, a victim of gun violence who 
never received a moment of action on the House floor.
  The SPEAKER pro tempore. The gentleman from Alabama has not yielded 
for this unanimous consent request, so it cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Hahn) for the purpose of a unanimous consent request.
  Ms. HAHN. Mr. Speaker, I ask unanimous consent to bring up H.R. 1076, 
the bipartisan no fly, no buy legislation, in honor of the memory of 
Jennie Marie Keener, a victim of gun violence who never received a 
moment of action on this House floor.
  The SPEAKER pro tempore. The gentleman from Alabama has not yielded 
for this unanimous consent request; so, therefore, it cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from 
Connecticut (Ms. Esty) for the purpose of a unanimous consent request.
  Ms. ESTY. Mr. Speaker, I ask unanimous consent to bring up H.R. 1217, 
the bipartisan expanded background checks legislation, to honor the 
memory of Fredrick Richardson of Bridgeport, Connecticut, a victim of 
gun violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The gentleman from Alabama has not yielded 
for this unanimous consent request, so it cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Mrs. Capps) for the purpose of a unanimous consent request.
  Mrs. CAPPS. Mr. Speaker, I ask unanimous consent to bring up H.R.

[[Page 12675]]

1076, the bipartisan no fly, no buy legislation, to honor the memory of 
Lekeshia Moses, a victim of gun violence who never received a moment of 
action on this House floor.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Eshoo) for the purpose of a unanimous consent request.
  Ms. ESHOO. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan close-the-loophole-on-background checks 
legislation, to honor the memory of Jeffrey Adams, a victim of gun 
violence who never received a moment of action on the floor of this 
House.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from Nevada 
(Ms. Titus) for the purpose of a unanimous consent request.
  Ms. TITUS. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1076, the bipartisan no fly, no buy legislation, to honor the memory of 
Megan, Liana, Mark Jr., and Willow Short, who never received a moment 
of action on this House floor.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Speier) for the purpose of a unanimous consent request.
  Ms. SPEIER. Mr. Speaker, I ask unanimous consent to take up H.R. 
1076, the bipartisan no fly, no buy legislation, to honor the memory of 
a constituent, Teqnika Moultrie, a school bus driver who at age 30 was 
gunned down outside a doughnut shop, and never received a moment of 
action on the House floor on her behalf.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  As the Chair advised on January 15, 2014, and March 26, 2014, even 
though a unanimous consent request to consider a measure is not 
entertained, embellishments accompanying such requests constitute 
debate and will become an imposition on the time of the Member who 
yielded for that purpose.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Brownley) for the purpose of a unanimous consent request.
  Ms. BROWNLEY of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1076, the bipartisan no fly, no buy legislation, to honor 
the memory of Officer Michael Krol, a victim of gun violence who never 
received a moment of action on the House floor.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from California 
(Mr. Swalwell) for the purpose of a unanimous consent request.
  Mr. SWALWELL of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Miguel Angel Leon Bravo, a victim 
of gun violence who never received a moment of action on the House 
floor.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Pennsylvania 
(Mr. Brendan F. Boyle) for the purpose of a unanimous consent request.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I ask unanimous 
consent to bring up H.R. 1076, the bipartisan no fly, no buy 
legislation, to honor the memory of Jordan Ebner, a victim of gun 
violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from Illinois 
(Ms. Schakowsky) for the purpose of a unanimous consent request.
  Ms. SCHAKOWSKY. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Kayana Armond, a victim of gun violence who never 
received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from California 
(Ms. Lee) for the purpose of a unanimous consent request
  Ms. LEE. Mr. Speaker, I ask unanimous consent to bring up H.R. 1217, 
the bipartisan expanded background checks legislation, to honor the 
memory of Lakeith Hurd, a victim of gun violence who never received a 
moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from 
Massachusetts (Ms. Clark) for the purpose of a unanimous consent 
request.
  Ms. CLARK of Massachusetts. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Aimee Kirst, a victim of gun 
violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Pennsylvania 
(Mr. Cartwright) for the purpose of a unanimous consent request.
  Mr. CARTWRIGHT. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1076, the bipartisan no fly, no buy legislation, to honor the memory of 
41-year-old Officer Matthew Gerald, a victim of gun violence who never 
received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from Michigan 
(Mrs. Lawrence) for the purpose of a unanimous consent request.
  Mrs. LAWRENCE. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Christopher Jerome Smith, a victim of gun violence who 
never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from New Jersey 
(Mrs. Watson Coleman) for the purpose of a unanimous consent request.
  Mrs. WATSON COLEMAN. Mr. Speaker, I ask unanimous consent to bring up 
H.R. 1217, the bipartisan expanded background checks legislation, to 
honor the memory of Rosemond Octavius, a victim of gun violence who 
never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from New York 
(Mr. Meeks) for the purpose of a unanimous consent request.
  Mr. MEEKS. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Tyreke Borel, who was 17 years old, a victim of gun 
violence who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from New York 
(Ms. Slaughter), the distinguished ranking member of the Rules 
Committee, for the purpose of a unanimous consent request.
  Ms. SLAUGHTER. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Bobbie Odneal, III, 23 years old, Cincinnati, Ohio, who 
died a victim of gun violence and never received a moment of action on 
the House floor.

                              {time}  1330

  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.

[[Page 12676]]


  Mr. McGOVERN. Mr. Speaker, I would like at this time to yield to the 
gentlewoman from Connecticut (Ms. DeLauro) for the purpose of a 
unanimous consent request.
  The SPEAKER pro tempore. The gentleman is advised that time will be 
deducted from the gentleman's time for the last unanimous consent 
request.
  The gentlewoman from Connecticut is recognized.
  Mr. McGOVERN. Mr. Speaker, may I inquire why?
  The SPEAKER pro tempore. As was advised earlier, embellishments 
constitute debate, and as such, the time will be deducted from the 
gentleman's time.
  The gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Officer Montrell Jackson, a victim of gun violence who 
never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from New York 
(Mr. Crowley) for the purpose of a unanimous consent request.
  Mr. CROWLEY. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Ana Solis, 46 years of age when she was a victim of gun 
violence, who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from Florida 
(Ms. Frankel) for the purpose of a unanimous consent request.
  Ms. FRANKEL of Florida. Mr. Speaker, I ask unanimous consent to bring 
up H.R. 1217, the bipartisan expanded background checks legislation, to 
honor the memory of Donald Stoney Boatman, a victim of gun violence who 
never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from California 
(Mr. Huffman) for the purpose of a unanimous consent request.
  Mr. HUFFMAN. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1076, the bipartisan no fly, no buy legislation, to honor the memory of 
Alex Freeman, a victim of gun violence who never received a moment of 
silence on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from New 
Hampshire (Ms. Kuster) for the purpose of a unanimous consent request.
  Ms. KUSTER. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1076, the bipartisan no fly, no buy legislation, to honor the memory of 
Paula Nino, age 20, of Houston, Texas, a tragic victim of gun violence 
who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Colorado 
(Mr. Perlmutter) for the purpose of a unanimous consent request.
  Mr. PERLMUTTER. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Sheree Barker, age 24, from Colorado Springs, Colorado, a 
victim of gun violence who never received a moment of action on the 
House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Pennsylvania 
(Mr. Michael F. Doyle) for the purpose of a unanimous consent request.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I ask unanimous 
consent to bring up H.R. 1217, the bipartisan expanded background 
checks legislation, to honor the memory of Chelsea and Justin Reed from 
Citronelle, Alabama, killed in their sleep, who never received a moment 
of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Connecticut 
(Mr. Larson) for the purpose of a unanimous consent request.
  Mr. LARSON of Connecticut. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Daquarius Tucker, who was a victim 
of gun violence who never received a moment of action on this House 
floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from New York 
(Mrs. Carolyn B. Maloney) for the purpose of a unanimous consent 
request.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous 
consent to bring up H.R. 1076, the bipartisan no fly, no buy 
legislation, in honor of the memory of Lisa Ann Fabbri, 38 years old, a 
victim of gun violence who never received a moment of action on the 
floor of the United States Congress.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I am proud to yield to the distinguished 
gentleman from Georgia (Mr. Lewis), a leader on issues of justice and 
nonviolence, for the purpose of a unanimous consent request.
  Mr. LEWIS. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, in the 
memory of Billy Talley from Union, Mississippi, a victim of gun 
violence who never, ever received a moment of action on the House 
floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I would like to yield to the gentlewoman 
from Alabama (Ms. Sewell) for the purpose of a unanimous consent 
request.
  Ms. SEWELL of Alabama. Mr. Speaker, I ask unanimous consent to bring 
up H.R. 1217, the bipartisan expanded background checks legislation, in 
honor of Robert Lee Brown from Alabama, age 26, who was killed in his 
sleep by a friend of an abusive boyfriend, a victim of gun violence who 
never received a moment of silence on the floor of the House of 
Representatives.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  The time consumed by the gentlewoman from Alabama will be charged to 
the gentleman from Massachusetts' time.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Oregon (Mr. 
Blumenauer) for the purpose of a unanimous consent request.
  Mr. BLUMENAUER. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of James ``JJ'' Hurtado, a victim of gun violence killed at 
age 14 in Hermiston, Oregon, by his mother's ex-boyfriend, who never 
received a moment of silence or moment of action on the House floor.
  The SPEAKER pro tempore. As previously announced, the unanimous 
consent request cannot be entertained.
  Time consumed by the gentleman from Oregon will be deducted from the 
gentleman from Massachusetts' time.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from 
Connecticut (Ms. Esty) for the purpose of a unanimous consent request.
  Ms. ESTY. Mr. Speaker, I ask unanimous consent to bring up H.R. 1217, 
the expanded background checks legislation, in honor of Anna Bui, a 
victim of gun violence who never received a moment of action on the 
House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentlewoman from New Mexico

[[Page 12677]]

(Ms. Michelle Lujan Grisham) for the purpose of a unanimous consent 
request.
  Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I ask 
unanimous consent to bring up H.R. 1217, the bipartisan expanded 
background checks legislation, to honor the memory of Corey Bishop, a 
victim of gun violence who never received a moment of action on the 
House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the distinguished gentleman 
from Rhode Island (Mr. Cicilline) for the purpose of a unanimous 
consent request.
  Mr. CICILLINE. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Kiesha Betton, a victim of gun violence who never 
received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the distinguished gentlewoman 
from California (Mrs. Davis) for the purpose of a unanimous consent 
request.
  Mrs. DAVIS of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of Abner B. Garcia, age 23, an Army 
veteran who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the distinguished gentlewoman 
from Texas (Ms. Jackson Lee) for the purpose of a unanimous consent 
request.
  Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent to bring up 
H.R. 1217, the bipartisan expanded background checks legislation, to 
honor the memory of Charles Jackson, age 28, Houston Texas, killed on 
the Fourth of July and a father of 3, a victim of gun violence who 
never received a moment of silence or action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  The gentleman from Massachusetts is advised that the time consumed by 
the gentlewoman from Texas will be charged to the time of the 
gentleman.
  Mr. McGOVERN. Mr. Speaker, I yield to the gentleman from Minnesota 
(Mr. Ellison) for the purpose of a unanimous consent request.
  Mr. ELLISON. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Mary Matzke and Birdell Beeks, victims of gun violence 
who never received a moment of action on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I yield to the distinguished gentleman 
from California (Mr. Thompson) for the purpose of a unanimous consent 
request.
  Mr. THOMPSON of California. Mr. Speaker, I ask unanimous consent to 
bring up H.R. 1217, the bipartisan expanded background checks 
legislation, to honor the memory of John Comer, a victim of gun 
violence who never received a moment of silence on the House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained.
  Mr. McGOVERN. Mr. Speaker, I ask unanimous consent to bring up H.R. 
1217, the bipartisan expanded background checks legislation, to honor 
the memory of Jennifer Rooney, age 44 from Bristol, Virginia, who was 
shot by a stray bullet while driving. She is a victim of gun violence 
who never received a moment of action on this House floor.
  The SPEAKER pro tempore. The unanimous consent request cannot be 
entertained, and the gentleman's time will be charged.
  Mr. McGOVERN. Mr. Speaker, I yield myself the balance of my time.
  I mean, I don't know what it is going to take to compel my Republican 
colleagues to do something, to do more than just have a moment of 
silence in the aftermath of every massacre. I mean, these are real 
people. They had families. They were loved, and now they are gone, and 
we need to do something.
  For the life of me, I can't understand the inaction in this House, 
the silence and the indifference. It is appalling. I would suggest to 
my colleagues, rather than trying to bring legislation to the floor to 
slap us on the wrist for having the audacity to come to the floor and 
demand that this House of Representatives do its job, my Republican 
friends ought to do their job and bring these bills to the floor.
  Let's have a debate and let's have a vote, and let's try to save some 
lives. This is real. This is meaningful. It is a heck of a lot more 
important than the message bills that are going nowhere that are being 
brought to this floor.
  I urge my colleagues to vote to defeat the previous question so we 
can have a vote on the no fly, no buy legislation, and I plead with my 
Republican colleagues: Do your job. Do something. Enough of this 
silence. Enough of this indifference. Too many people in this country 
are dying.
  I yield back the balance of my time.
  Mr. BYRNE. Mr. Speaker, I yield myself the balance of my time.
  Let's see, where were we? We were talking about a rule that covers 
two bills. One bill would stop Federal departments and agencies from 
using their money to spread falsehoods against innocent Americans. The 
gentleman from Washington gave a very good, very clear statement of a 
precise fact situation that happened in the State of Washington where a 
Federal agency was using its money to spread falsehoods about farmers. 
That is what we were talking about. And I think that is a very 
important piece of legislation for us to deal with and deal with right 
now.
  And the other piece of legislation, the other piece of legislation 
would protect the people of the United States from a President who 
wants to let very dangerous people out of Guantanamo Bay. As I said 
before, at least 12 individuals who have already been released from 
Guantanamo Bay have gone on to launch attacks and kill Americans. That 
is what we were talking about. That is what we are talking about. That 
is what this rule and the underlying legislation is all about.
  This House is here to do its work and do its job to defend the people 
of the United States and also to protect the people of the United 
States from their own government preying on them. So I think this 
legislation is completely appropriate. I am glad to bring this rule 
before the House.
  I, again, urge my colleagues to support House Resolution 863 and the 
underlying bills.
  The material previously referred to by Mr. McGovern is as follows:

          An Amendment to H. Res. 863 Offered by Mr. McGovern

       At the end of the resolution, add the following new 
     sections:
       Sec. 3. Immediately upon adoption of this resolution the 
     Speaker shall, 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. 
     1076) to increase public safety by permitting the Attorney 
     General to deny the transfer of a firearm or the issuance of 
     firearms or explosives licenses to a known or suspected 
     dangerous terrorist. The first reading of the bill shall be 
     dispensed with. All points of order against consideration of 
     the bill are waived. General debate shall be confined to the 
     bill and shall not exceed one hour equally divided and 
     controlled by the chair and ranking minority member of the 
     Committee on the Judiciary. After general debate the bill 
     shall be considered for amendment under the five-minute rule. 
     All points of order against provisions in the bill are 
     waived. 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. If the Committee of the Whole rises and reports 
     that it has come to no resolution on the bill, then on the 
     next legislative day the House shall, immediately after the 
     third daily order of business under clause 1 of rule XIV, 
     resolve into the Committee of the Whole for further 
     consideration of the bill.

[[Page 12678]]

       Sec. 4. Clause 1(c) of rule XIX shall not apply to the 
     consideration of H.R. 1076.
                                  ____


        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 Republican majority agenda and a vote to allow 
     the Democratic minority 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.''
       The Republican majority may 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 
     Republican Leadership Manual on the Legislative Process in 
     the United States House of Representatives, (6th edition, 
     page 135). Here's how the Republicans describe the previous 
     question vote in their own manual: ``Although it is generally 
     not possible to amend the rule because the majority Member 
     controlling the time will not yield for the purpose of 
     offering an amendment, the same result may be achieved by 
     voting down the previous question on the rule. . . . When the 
     motion for the previous question is defeated, control of the 
     time passes to the Member who led the opposition to ordering 
     the previous question. That Member, because he then controls 
     the time, may offer an amendment to the rule, or yield for 
     the purpose of amendment.''
       In 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 Republican 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.

  Mr. BYRNE. Mr. Speaker, 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.


                             Recorded Vote

  Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on ordering the previous question on House 
Resolution 863 will be followed by 5-minute votes on adopting House 
Resolution 863, if ordered; and agreeing to the Speaker's approval of 
the Journal, if ordered.
  The vote was taken by electronic device, and there were--ayes 232, 
noes 172, not voting 27, as follows:

                             [Roll No. 505]

                               AYES--232

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crenshaw
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Farenthold
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palmer
     Paulsen
     Pearce
     Perry
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin
     Zinke

                               NOES--172

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Dingell
     Doggett
     Doyle, Michael F.
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lee
     Levin
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Carolyn
     Maloney, Sean
     Matsui
     McCollum
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Pallone
     Pascrell
     Pelosi
     Perlmutter
     Peters
     Pingree
     Pocan
     Polis
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Walz
     Wasserman Schultz
     Watson Coleman
     Wilson (FL)
     Yarmuth

                             NOT VOTING--27

     Barletta
     Bishop (GA)
     Bishop (UT)
     Brady (TX)
     Crawford
     DesJarlais
     Deutch
     Fincher
     Gohmert
     Granger
     Guinta
     Jeffries
     Johnson, Sam
     LaHood
     Lofgren
     McDermott
     Murphy (PA)
     Norcross
     Palazzo
     Payne
     Price (NC)
     Rush
     Ryan (OH)
     Visclosky
     Waters, Maxine
     Welch
     Young (IN

                              {time}  1403

  Mr. ENGEL changed his vote from ``aye'' to ``no.''

[[Page 12679]]


  Mr. DUNCAN of South Carolina changed his vote from ``no'' to ``aye.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. MURPHY of Pennsylvania. Mr. Speaker, on rollcall No. 505, I was 
unavoidably detained and missed the vote on the previous question. Had 
I been present, I would have voted ``yea.''
  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.


                             Recorded Vote

  Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 238, 
noes 171, not voting 22, as follows:

                             [Roll No. 506]

                               AYES--238

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davidson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     Diaz-Balart
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Farenthold
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gibson
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Westmoreland
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                               NOES--171

     Adams
     Aguilar
     Ashford
     Bass
     Beatty
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)
     Brownley (CA)
     Bustos
     Butterfield
     Capps
     Capuano
     Cardenas
     Carney
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Conyers
     Cooper
     Costa
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     DeSaulnier
     Dingell
     Doggett
     Duckworth
     Edwards
     Ellison
     Engel
     Eshoo
     Esty
     Farr
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Graham
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hahn
     Hastings
     Heck (WA)
     Higgins
     Himes
     Hinojosa
     Honda
     Hoyer
     Huffman
     Israel
     Jackson Lee
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Kildee
     Kilmer
     Kind
     Kirkpatrick
     Kuster
     Langevin
     Larsen (WA)
     Lawrence
     Lee
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lowenthal
     Lowey
     Lujan Grisham (NM)
     Lujan, Ben Ray (NM)
     Lynch
     Maloney, Sean
     Matsui
     McCollum
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     O'Rourke
     Pallone
     Pascrell
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Rangel
     Rice (NY)
     Richmond
     Roybal-Allard
     Ruiz
     Ruppersberger
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Sherman
     Sinema
     Sires
     Slaughter
     Smith (WA)
     Speier
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Tonko
     Torres
     Tsongas
     Van Hollen
     Vargas
     Veasey
     Vela
     Velazquez
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Wilson (FL)
     Yarmuth

                             NOT VOTING--22

     Barletta
     DesJarlais
     Deutch
     Doyle, Michael F.
     Fincher
     Granger
     Guinta
     Jeffries
     Johnson, Sam
     Larson (CT)
     Levin
     Lofgren
     Maloney, Carolyn
     McDermott
     Norcross
     Palazzo
     Payne
     Rush
     Schrader
     Titus
     Visclosky
     Welch


                Announcement by the Speaker Pro Tempore

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

                              {time}  1410

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. LEVIN. Mr. Speaker, I was unavoidably detained. Had I been 
present, I would have voted ``nay'' on rollcall No. 506.

                          ____________________