Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1318 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1318 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my good friend, the gentleman from Florida (Mr. Lincoln Diaz-Balart). All time yielded during consideration of the rule is for debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and insert extraneous materials into the Record.
I yield myself such time as I may consume.
Mr. Speaker, H. Res. 1318 provides a closed rule for consideration of H.R. 5811, the Electronic Message Preservation Act. The resolution, as you know, provides 1 hour of debate controlled by the Committee on Oversight and Government Reform. The rule makes no amendments in order because no amendments were submitted for consideration.
H.R. 5811 is an important bill introduced by Chairman Waxman that modernizes the requirements of the Presidential Records Act and Federal Records Act to ensure that vital government records are preserved for historical posterity.
The Electronic Message Preservation Act will make certain that we retain important Presidential records by directing the Archivist to establish standards for the capture, management, and preservation of White House and Federal agency e-mails. The Archivist of the U.S. will set new standards for tracking Federal e-mail records and annually will certify whether the records management controls put in place by the President meet those standards and comply with the act.
The bill will protect American history so that we will not lose important records in an antiquated record system that exists now, but it will also guide and enforce document retention policies within the executive branch.
The bill is very necessary. Through its investigations, the Oversight and Government Reform Committee discovered that in one instance the current White House had lost hundreds of days of e-mail, and in other instances allowed numerous White House officials, including Senior Advisor Karl Rove, to use Republican National Committee e-mail accounts for government business--improper, obviously. E-mails sent by White House officials over these RNC accounts related to official government business, and potentially hundreds of thousands of these e-mails have been destroyed.
In addition, the White House did grossly mismanage its own e-mail records and ignored concerns that were raised not by Congress, but by the National Archives, about the way it was storing e-mails.
Further, the current print-and-file record retention systems are both unreliable and not in step with modern advances in technology. For example, when President Bush came into office, the White House had an automated system in place for archiving e-mails, but in 2002, the White House decided to abandon this archiving system and replace it with an ad hoc manual system, doing so in an electronic age. White House officials were warned by the technical staff of their own White House staff and by National Archives that this ad hoc manual system for managing e-mails presented an obvious threat and serious threat of losing records. And the White House's own technical expert said the system was, to use the word of that expert, ``primitive'' and carried a high risk that ``data would be lost.'' Yet, despite these warnings, the White House has still not put into place a reliable, up-to-date system for preserving e-mails.
This bill will change that. It will require the Archivist to establish specific standards for the management and preservation of electronic messages, including the capability to retrieve messages through electronic searches. These standards will help prevent a situation like what is happening under this administration. H.R. 5811 directs e-mail records to be stored electronically and removes ambiguity in the current law that was established before we even had e- mail.
The bill and the manager's amendment were approved by voice vote in the committee because it is timely and it's necessary. I urge the passage and a ``yes'' vote on the rule.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time, and I'm going to approach the podium to use some charts.
Mr. Speaker, this bill is about the preservation of electronic records. The debate has turned into a discussion of our energy policy. And there are two reasons why we would be discussing energy instead of the substance of the actual bill. One is that our friends on the other side don't have anything to say about the importance of the preservation of electronic records. Two is they want to use the opportunity of floor time to make a case, their case, about energy. I intend to respond to both of those issues.
First of all, I want to go back to what this legislation is about. It's about the preservation of the historical record for the American people. It's also about the preservation of the records of the administration so that in the future when any Congress wants to hold any President accountable, there will be documentation of what has happened in that administration.
It is extraordinarily important that this Congress restore its constitutional function of insisting on accountability for the American people. We have three branches of government, and one of them has been asleep for the 6 years going into the year 2006, and that was Congress, the legislative representative of the people of this country, who demand and are entitled to accountability. If you do not have the preservation of the records of their government--these are not records belonging to the President. They're not records that belong to the executive branch. It's not for them to decide ``yes'' or ``no'' that we will preserve these records. This is a right of the American people. It's their property. And what this electronic records preservation does is say that you cannot use the paper system that doesn't work in an electronic age in effect to conceal from the American people what you did. It is overdue. And to take this debate and inject into it another topic, as important as energy is, is to trivialize the fundamentally important responsibility that this Congress has to the American people to restore oversight and accountability.
This government has make enormous mistakes and justified them by concealing information from the American people. What do you need to know more than what happened in the pathway to the war in Iraq? If the truth had been out there for the American people and for many in this body to know what the President knew and when the President knew it, what the administration knew and when they knew it, we would not be in this catastrophe for the American people called the war in Iraq.
So this legislation that says that e-mail records are going to be restored and retained electronically is of profound constitutional importance to the continuation of Congress in its role as the overseer and protector of the American record and the American taxpayer. So on its merits, this legislation should be considered as of absolute
vital importance to the people of this country. And we have heard no objections, and, indeed, this legislation was passed by voice vote.
Now, since the issue was raised, since the debate on this profoundly important question of constitutional oversight has been hijacked to turn it into an energy debate where it really doesn't belong, I am nevertheless going to respond to the arguments.
You start by this proposition. Implicit in many of the arguments that my friends on the other side made was that those of us on the Democratic side somehow don't understand the pain that the American consumer is experiencing with these record high gas prices.
I have got to just speak about Vermont. What I hear about from Vermonters is fear. I've never heard this. And gas prices are tough. They are trying to figure out how to get from here to there and pay for it. They've got cars that they don't get great mileage. They are doubling up. They are doing what they can. But, bottom line, the thing they are terrified about and they have real anxiety is how are they going to heat their homes next year.
We have to heat our homes there. And, folks, when they see that gas delivery truck show up, and last year it was like $2.50 a gallon, it's going to be $5 a gallon next year, and these families don't have the money to pay $1,000, $1,500, $2,000 to fill up a tank. They don't know what they're going to do. And we are going to see Vermonters who are doubling up. Generations are going to be living together because they don't know how they are going to pay that bill.
So, believe me, there's not a single Member in this House, Republican or Democrat, who doesn't profoundly understand the impact that this is having on everyday people, on our small businesses, on our economy.
So we can go back and forth with the accusations and we can go back and forth with the slogans, or we can acknowledge the obvious. The obvious is we have to do everything that we can in the short term to try to bring relief at the pump, to try to bring pressure off the small business and the consumer. Anything in the short-term that we can do, we should do, and we should do it together. But we also have to move to a long-term energy policy that no longer allows oil to have an iron grip on our future. That is what Americans know.
Short-term, what are some of the things we can do? We have done them. We stopped filling up the Strategic Petroleum Reserve. It will reduce demand by 70,000 to 90,000 barrels a day. Second, we are considering legislation for the oil companies to use the leases they have, or lose them.
There's this debate about bringing production online. Obviously, supply is an issue here. In the world, we pump about 86 billion barrels a day. We consume about 87 billion barrels a day. But the fact is that the slogans that I am hearing about just opening up other offshore areas in ANWR totally ignores the current reality, and that is that the oil companies, that are very good at what they do, have leases, existing leases that they pay good money on, on 68 million acres of land. That land, their leases, their leases exceed by 2\1/2\ times the area of the State of Ohio, the Minority Leader Boehner's district; 2 times the State of Illinois; 2\1/2\ times the size of Pennsylvania. These are leases on Federal lands, onshore and offshore.
What are the oil companies doing? Not much. They are producing oil on a fraction of the leaseholds that they have.
No, I won't.
In reality, if there was full production on all the areas under lease, it could produce 4.8 million barrels of oil a day.
I am going to take my time. Thank you.
Thank you, Mr. Speaker.
That could produce 4.8 million barrels of oil a day. Yet the oil companies are not drilling where they have leases to do so. Instead, we are turning this argument into the prospect that we may be able to drill in the future on other places where there aren't leases, waiving away what will be the long-term problems of trying to make that come online, and the fact that it would probably save about a penny and a half a gallon in 10 to 20 years. That is not fair, direct honesty in the debate for the American people.
I thank the gentleman, but I intend to finish. I control the time.
So what do we have? We have a situation where the oil companies are not drilling where they can, and we are saying to them, Drill where you can. We also have a situation where the oil companies, the longer they wait, the more they make. If you're sitting on leases and oil in the ground, under the sea was $35 a barrel when you bid that lease, then it went to $75, then it went to $100, and now it's $140 a barrel, you're making money just having that in the bank. So the oil companies, the longer they wait, the more they make.
We know that oil company profits are exploding.
Thank you, Mr. Speaker.
The oil companies have made $125 billion. Record profits again this year. How are they spending that money? Are they investing in refineries, are they investing it in renewable energy, are they investing in drilling rigs or offshore facilities to drill in those areas? No. They are buying back their stock.
The oil companies, energy producers, should be part of the solution, and they should be using the technical ability that they have, the extraordinary skills that they have and the extraordinary profits that they have to help us find a way to an energy independent future, and it's not happening.
We know that, bottom line, everything we can do short-term, we can do, but the idea that we can do instantly something is a stretch. But what we can do, we should do.
On speculation, we are considering legislation now, and as we speak, the Chair of the Agriculture Committee, Mr. Peterson, is conducting 3 days of hearings to try to squeeze the speculator instead of having the speculators squeeze us; on not filling up the Strategic Petroleum Reserve and topping it off.
I am demanding of the oil companies that they start producing oil in those 68 million acres where they actually have leases and the right to be producing that oil. They could produce 4.8 million barrels of oil a day. Do you know what we produce domestically right now? Five million barrels of oil a day. It could lead to a doubling of the production.
So the fact is there are things that can be done that we are promoting that they be done aggressively. We are insisting that the oil companies be accountable to use and produce on the leases that they have, yet they refuse to do it. And we have been consistently and aggressively moving for a new energy policy that is going to create green jobs, that is going to give us much greater independence in foreign affairs, and is going to help us clean up our environment.
A confident nation is one that faces directly the problems that it has. And when it comes to the question of energy, what symbolized for me the energy policy that this country has had was a front page picture of the President of the United States, hand-in-hand with King Abdullah of Saudi Arabia as they were about to go into a meeting. In the custom of the Arab States, they walked into that holding
hands. The purpose of that meeting was for the President of the United States, the greatest country on Earth, to implore the King to increase production of oil.
You know what? A confident nation, a nation that takes on the challenge of solving its own problems, does not go hat in hand to others and ask them, who are not our friends, incidentally, to solve our problems. We take that challenge on ourselves. We take it on because it's our responsibility. We also take it on because we know that in the doing of it, we are going to create jobs, clean our environment, and give us much more latitude in foreign policy.
So this debate on energy, misplaced as it is in this matter of electronic records and restoring the responsibility of Congress to the American people to conduct oversight and to preserve a historical record, important as that is, the argument on energy, the question of energy is the profound question that this country faces economically for the next generation, and the challenge will be whether we are willing to face that squarely and take it upon ourselves to solve our problems, or we are going to continue to be dependent on oil companies that have not played on behalf of the American people and on foreign countries that are not our friends; Venezuela, Middle East States, Russia. We have to take on this challenge ourselves.
Mr. Speaker, I will just close by saying, going back to this bill, that it's an extraordinarily important bill, not just so that we can preserve records, but that we in Congress can restore confidence to the American people that we are a cop on the beat.
This bill makes significant and long overdue changes to document retention systems that were outdated and inefficient. The vast amount of government business that is currently conducted over e-mail requires that we update the law regulating record retention. Government e-mails should not be deleted or destroyed, as they are as important in revealing to the public and historians as paper documents, and we all know that.
Mr. Speaker, I urge a ``yes'' vote on the previous question and on the rule.
The material previously referred to by Mr. Lincoln Diaz-Balart of Florida is as follows:
Amendment to H. Res. 1318 Offered by Mr. Lincoln Diaz-Balart Of Florida
At the end of the resolution, add the following:
Sec. 3. Immediately upon the adoption of this resolution
the House shall, without intervention of any point of order,
consider in the House the bill (H.R. 2208) to provide for a
standby loan program for certain coal-to-liquid projects. All
points of order against the bill are waived. The bill shall
be considered as read. The previous question shall be
considered as ordered on the bill and any amendment thereto
to final passage without intervening motion except: (1) one
hour of debate on the bill equally divided and controlled by
the chairman and ranking member of the Committee on Energy
and Commerce, and the chairman and ranking member of the
Committee on Science and Technology; and (2) an amendment in
the nature of a substitute if offered by Representative
Dingell of Michigan or his designee, which shall be
considered as read and shall be separately debatable for 40
minutes equally divided and controlled by the proponent and
an opponent; and (3) one motion to recommit with or without
instructions.
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
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 Democratic majority agenda and a vote to allow
the opposition, at least for the moment, 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.''
Because the vote today may look bad for the Democratic
majority they will 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 definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
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 Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
I yield back the balance of my time, and I move the previous question on the resolution.
Mr. Speaker, I demand a recorded vote.