Madam Speaker, I rise in strong support of this conference report, and I want to join in commending first the managers on both sides of the aisle, our friends from Florida, Ms. Castor and Mr.…
Madam Speaker, I rise in strong support of this conference report, and I want to join in commending first the managers on both sides of the aisle, our friends from Florida, Ms. Castor and Mr. Diaz-Balart, and of course Mr. Miller, Mr. McKeon, and Mr. Castle, and all those who have been involved.
The Head Start program is a very important program. It has proved to be successful. And I'm pleased that we have a measure that is going to, I believe, become law and ensure that we are able, as we look towards preparing children for that very critical K-12 education, which we all know is facing very serious challenges, the Head Start program can help as they launch into that challenge.
Madam Speaker, I want to take my time, and Mr. Diaz-Balart and I were just talking about an op-ed piece that was written by the former staff director of the Committee on Rules, Don Wolfensberger, and it got a response in today's Roll Call that I think is a very important one. And I think that, in light of the fact that we're debating rules here, this is a debate on the rule, and we've seen some real challenges when it has come to ensuring that the American people have their right to be heard here on the House floor. I think that I will share an article. And at this time, I would like to insert this article into the Record, Mr. Wolfensberger's op-ed piece.
[From Roll Call, Nov. 12, 2007]
Minority's Motion To Recommit Should Not Be Curtailed
(By Don Wolfensberger)
It is the height of political arrogance for the majority
party in the House of Representatives to dictate which
minority party motions are legitimate and which are not. Yet
that is exactly what the Democratic leadership is threatening
through possible House rules changes governing the motion to
recommit.
The motion to recommit a bill to committee with
instructions to amend it was originally used primarily as a
majority party device to make last-minute, minor corrections
before final passage. All that changed in 1909 when Speaker
Joe Cannon (R-Ill.) temporarily headed off a bipartisan
effort to amend House rules and remove him as chairman and a
member of the Rules Committee. Cannon recognized conservative
Democratic Rep. John Fitzgerald (N.Y.) to offer a substitute
amendment that, among other things, guaranteed the minority a
final opportunity to get a vote on its position using the
motion to recommit with instructions. (Cannon would still be
booted from Rules in a bipartisan revolt the following year.)
The minority's right was slowly chipped away when Democrats
last ran the House. Beginning in the early 1980s, Democratic
Speakers and their Rules Committee majority minions used an
obscure 1934 precedent to justify not only limiting the
contents of the minority's instructions but also eventually
denying them the right to offer any instructions. Republicans
fiercely fought these limits at every turn and vowed that if
they came to power the minority's right to offer its
alternative in a motion to recommit with instructions would
be fully restored. They fulfilled that promise upon taking
control of the House in January 1995, and the Democratic
minority enjoyed the right unimpeded over the 12 years of
Republican control.
Nothing in the guaranteed right limits the minority to a
motion that immediately adopts an amendment--the
``forthwith'' motion. The minority also may move to send a
bill physically back to committee with instructions to hold
more hearings, conduct a study or make specified changes in
the legislation. This latter device, to recommit with
instructions to report back an amendment ``promptly''
(instead of ``forthwith'') has been unnerving Democratic
leaders every time Republicans have used it to raise
politically sensitive issues. In two instances the majority
withdrew bills from the floor rather than risk having them
sent back to committee.
The most recent example was the leadership's decision to
pull the Foreign Intelligence Surveillance Act amendments in
the face of a likely GOP motion to recommit with instructions
to ``promptly'' report back an amendment to exempt from FISA
court coverage any surveillance of al-Qaida or other
terrorist groups.
Democratic Majority Leader Steny Hoyer (Md.) argues that
such motions are offered simply for ``political purposes''
rather than for the ``substantive purposes'' of ``trying to
change policy.'' At the same time he concedes that Democrats
used such tactics when they were in the minority. The only
apparent difference is that Republicans have had a higher
success rate with their recommit motions (though the only
ones to succeed so far have been ``forthwith'' motions).
The majority is attempting to impose its notion that the
only ``legitimate'' role of the minority party is to offer
substantive policy alternatives in their recommit motions for
instant incorporation in a bill. One way Democrats might try
to enforce this concept is to only allow the minority to
offer ``forthwith'' motions to recommit so that legislation
can move immediately to final passage after the motion is
voted. This ``amend it now or forever hold your peace''
approach overlooks one important role of an opposition party,
and that is to oppose.
Opposing legislation does not carry with it the obligation
to offer responsible policy alternatives that conform to the
majority's timetable for passing a bill (especially when the
minority is being blocked from offering any amendments on a
record-breaking 35 percent of major bills). Opposition may
include not only trying to defeat a bill, but also to slow it
down, including sending it back to a committee for more work.
Yes, a straight motion to recommit without instructions
would accomplish this same purpose. But who is to say that
the minority should not be able to score its own political
points by sending a bill back to committee with a message
attached? After all, the majority routinely gets plenty of PR
mileage out of reporting and passing bills on its political
agenda. To assert that the minority is playing politics with
its motions to recommit while the majority is somehow above
such things in advancing its bills is laughable.
The difference, the majority would have us believe, is that
it is achieving a serious public policy purpose for the
betterment of humankind while the minority is merely engaging
in ``cheap shot'' political tricks with no redeeming social
value. That may be true at times, but the minority should be
allowed to stand or fall on public and media perceptions of
its actions--whether they be seen as foolish or heroic. The
majority also will stand or fall on public perceptions of the
quality of its legislative enactments and may well look just
as foolish if well-intentioned bills produce bad results.
At a time when Congressional Democrats are under heavy fire
and record low public approval ratings for a lackluster
performance (including their inability to put even one of the
12 regular appropriations bills on the president's desk over
a month after the start of the fiscal year), they would do
well to spend more time honing their governance skills and
less trying to control minority party behavior.
This paper, Roll Call, which we all get around here on the Hill, has been very critical of whichever party has been in control. I will say that when we were in the majority, this paper was often very critical of us. And today they have an editorial. Again, this is not Republicans speaking. It's not Republicans whining. It's not Republicans claiming that their rights are being trampled on. This is from the editorial page of today's Roll Call, and the editorial is entitled as follows, Madam Speaker, it's entitled ``Let 'Em Move.''
``Embarrassed though House Democratic leaders may be by Republican
success in proposing, and, often, passing politically loaded motions to recommit, it would be an outrage for the majority to limit the minority's right to do so.
``Despite promises to manage the House on a more open basis than Republicans did during their 12-year rule, Democrats have been every bit as authoritarian, prohibiting any floor amendments, for instance, at more than double the rate of the previous Congress.'' I'm going to repeat that, Madam Speaker, ``more than double the rate of the previous Congress,'' the number of closed rules that they've had. ``Motions to recommit legislation to committees with instructions on how to alter it are often the only opportunity the minority has to affect the legislative process.
``When they actually win a majority on the House floor, because a number of Democrats vote with Republicans, they constitute a huge embarrassment to Democratic leaders. This has happened 21 times this year, versus practically never during Republican rule, and each time Republicans have crowed that Speaker Nancy Pelosi and her team `have lost control of the floor.' '' And let me remind you, Madam Speaker, I am simply reading from the editorial page of today's Roll Call.
They go on to say, ``Democratic leaders routinely fume at the practice, as when House Majority Leader Steny Hoyer accused the GOP of using the motion `for political purposes, not substantive purposes . . . not to change policy, but to try to construct difficult political votes for Members,' meaning potentially vulnerable Democrats.
``As Roll Call reported last month, Democrats are searching for ways to change House rules to limit the minority's right to propose motions to recommit. They have done so before, so far without success--once, because Republicans halted proceedings on the House floor to protest the attempt. We suggest that Democrats just drop the idea and learn to live with the GOP motions as a legitimate part of legislative work in a democracy.
``It's certainly true that many of the Republican motions have been politically designed, especially repeated motions to deny government benefits to illegal immigrants. Any Democrat who cast a vote against the measure, even if government aid was already barred by law, might well fear that it would be used by a potential opponent in a political commercial.
``At the same time, many of the GOP motions have been substantive and have gained majority support because they contained popular ideas or posed politically difficult choices.'' Roll Call goes on to write, ``Examples include a ban on Federal funding to colleges that prohibit military recruiting on campus and an increase in funding for missile defense.''
Madam Speaker, this Roll Call editorial reads, ``On two occasions, GOP motions were so threatening to the Democrats' purposes that they actually pulled legislation on terrorist wiretapping and voting rights for the District of Columbia.
``Rather than limit one of the minority's few rights to affect legislation, we suggest that Democrats expand those rights by allowing Republicans to offer amendments on the floor. Would some of them be `purely political'? Of course. But more open and democratic debate also might produce better policy and reduce partisan rancor.''
Now, again, Madam Speaker, those are not my words. Those are the words of the editorial board of the Roll Call as printed in today's paper. I want to say again, this paper was often critical of us when we were in the majority, and they have now, I believe, been right on target in pointing to the fact that the notion of trying to deny the American people their opportunity to be heard through this motion to recommit would be a horrible thing. I believe the Democratic majority, Madam Speaker, should, in fact, follow this encouragement from Roll Call and allow more amendments to be made in order.
I also want to say that I will join with my friend when he seeks to defeat the previous question on this rule so for the 11th time, we will be seeking to bring assistance to our veterans to the floor. This is Veterans Week. We marked Veterans Day Monday. I will say that it is absolutely imperative that any Member of the House who wants to ensure that we have the resources necessary for our veterans should vote ``no'' on the previous question so that we can, in fact, get that assistance that they so desperately need.
Madam Speaker, will the gentlewoman yield?
I would simply say to my friend, I joined in heralding the selection of my fellow Californian, Ms. Pelosi, as the first woman, the first Italian American Speaker of the House of Representatives. It was a great day for this institution. I should say she was the first Californian as well. But I will say this, the record that was outlined in today's Roll Call is one which can't be denied by either the Members of the majority or the minority.
I thank my friend for yielding.