Madam Speaker, I would like to thank the gentleman from Massachusetts for the time, and I yield myself such time as I may consume. Madam Speaker, ``I rise in strong opposition to this martial law…
Madam Speaker, I would like to thank the gentleman from Massachusetts for the time, and I yield myself such time as I may consume.
Madam Speaker, ``I rise in strong opposition to this martial law rule and in opposition to the outrageous process that continues to plague this House. We have before us a martial law rule that allows the leadership to once again ignore the rules of the House and the procedures and the traditions of this House. Martial law is no way to run a democracy no matter what your ideology, no matter what your party affiliation.''
Madam Speaker, those are not my words; those are the words of the gentleman from Massachusetts. He spoke those words on the floor on several occasions last year regarding what he eloquently called a ``martial law rule.''
So, although they are not my words, they are quite relevant to this debate. Since I have already used some of the gentleman's words, I will continue to point out one more comment that the gentleman made on martial law rules. I think this one quote is particularly interesting because it was given on December 7, 2006, just a month before the Democrats took control of the House of Representatives. It speaks about how the Democrats proposed to run the House, and it is in sharp contrast to how they are actually running the House. This is what the gentleman said:
``There is a better way to run this body. The truth is that the American people expect and deserve better. That is why the 110th Congress must be different. I believe we need to rediscover openness and fairness in this House. We must insist on full and fair debates on the issues that come before this body.''
Now, I ask, Madam Speaker, where is that openness and fairness my colleague spoke about? Where is the openness on the energy bill rule, where over 90 amendments were closed out, including a Republican substitute? Where was that openness when we considered SCHIP reauthorization under two closed rules, shutting out all amendments? Where is that openness today when we are asked to consider a 3,000-page omnibus appropriations bill with less than 24 hours to review the legislation?
I know where it is, Madam Speaker. They left it on the campaign trail. It was an empty promise, and it became evident that it was a false, hollow promise on the opening day of their new majority, when the Democrats wrote into the rules of the House closed rules for the consideration of the first six bills that they were to take up, in effect discharging the Rules Committee from its duties for the first six bills they were to bring to the floor.
So their remedy for examples of unfairness they had criticized in the Rules Committee was: no Rules Committee. And that trend, started, sadly, that day, continues to this day.
As my colleague has said, yes, and I quote, ``There is a better way to run this body. The truth is that the American people expect and deserve better. That is why the 110th Congress must be different. I believe we need to rediscover openness and fairness in this House. We must insist on full and fair debates on the issues that come before this body.'' How right my colleague was.
With that, Madam Speaker, I reserve the balance of my time.
Madam Speaker, at this time I yield as much time as he may consume to the distinguished ranking member of the Rules Committee.
(Mr. DREIER asked and was given permission to revise and extend his remarks.)
Madam Speaker, the gentleman from Massachusetts spoke earlier about the fact that my previous comments were focused upon process; and that is correct, they were, because process is a fundamental aspect of a representative democracy.
The legislation that the majority made available early this morning, this bill, Madam Speaker, I was in the district today and I had the opportunity and privilege of having various meetings with constituents, and I have arrived here this evening, and I must admit, Madam Speaker, that I have not had the time to absorb this bill.
Now, process is important because it is our responsibility, Madam Speaker, to represent the American people in a responsible way. Now, the rules of the House call for, and it is true, and the former chairman mentioned it, and I admit, I have made mistakes, as well, the rules of the House call for 3 days for Members to be able to review bills.
I yield to the gentleman from California.
I may have been able to lift it up, but I have not had the opportunity to absorb the legislation, as I think as important a bit of legislation needs to be reviewed.
Now, as I was saying, Madam Speaker, that rule, the requirement of 3 days for Members of this House to review legislation, is often waived by the Rules Committee. That is why the new majority made a promise during the campaign to at least provide 24 hours so that Members could review, study, attempt to absorb legislation at least with 24 hours. So that is why it is most sad, most unfortunate that the new majority is not living up to its own promises. Because I think there is a legitimate, it is a legitimate point of concern when the 3-day rule is waived. And that is why the promise was made.
So I think it is most unfortunate that the promise of the new majority to at least allow the House 24 hours to review legislation, especially as important a piece of legislation as this omnibus appropriations legislation is, that promise is not kept.
Madam Speaker, I will be asking for a ``no'' vote on the previous question so that we can amend this rule and allow the House to consider a change to the rules of the House to restore accountability and enforceability to the earmark rule while closing loopholes that we have found over the last few months, that under the current rule, so long as the chairman of a committee of jurisdiction includes either a list of earmarks contained in the bill or report or a statement that there are no earmarks, no point of order lies against the bill. This is the same as the rule in the last Congress. However, under the rule as is it functioned under the Republican majority in the 109th Congress, even if the point of order was not available on the bill, it was always available on the rule as a question of consideration. But because the Democratic Rules Committee specifically exempts earmarks from the waiver of all points of order, they deprive Members of the ability to raise the question of earmarks on the rule or on the bill.
The earmark rule is also not applicable when the majority uses a procedure to accept amendments between Houses, such as they plan to do with this omnibus appropriations bill. Because the omnibus appropriations bill is not a conference report, it will fall squarely within one of the loopholes to the earmark rule, and the rules of the House will not require any disclosure of earmarks that are contained in this legislation.
I would like to direct all Members to a letter that House Parliamentarian John Sullivan recently sent to Rules Chairwoman Slaughter which confirms what we have been saying since
January that the Democratic earmark rule contains loopholes. In his letter to Chairwoman Slaughter, the Parliamentarian states that the Democratic earmark rule ``does not comprehensively apply to all legislative propositions at all stages of the legislative process.''
House of Representatives,
Office of the Parliamentarian,
Washington, DC, October 2, 2007.
Hon. Louise McIntosh Slaughter,
Committee on Rules, House of Representatives,
Washington, DC.
Dear Chairwoman Slaughter: Thank you for your letter of
October 2, 2007, asking for an elucidation of our advice on
how best to word a special rule. As you also know, we have
advised the committee that language waiving all points of
order ``except those arising under clause 9 of rule XXI''
should not be adopted as boilerplate for all special rules,
notwithstanding that the committee may be resolved not to
recommend that the House waive the earmark-disclosure
requirements of clause 9.
In rule XXI, clause 9(a) establishes a point of order
against undisclosed earmarks in certain measures and clause
9(b) establishes a point of order against a special rule that
waives the application of clause 9(a). As illuminated in the
rulings of September 25 and 27, 2007, clause 9(a) of rule XXI
does not comprehensively apply to all legislative
propositions at all stages of the legislative process.
Clause 9(a) addresses the disclosure of earmarks in a bill
or joint resolution, in a conference report on a bill or
joint resolution, or in a so-called ``manager's amendment''
to a bill or joint resolution. Other forms of amendment--
whether they be floor amendments during initial House
consideration or later amendments between the Houses--are not
covered. (One might surmise that those who developed the rule
felt that proposals to amend are naturally subject to
immediate peer review, though they harbored reservations
about the so-called ``manager's amendment,'' i.e., one
offered at the outset of consideration for amendment by a
member of a committee of initial referral under the terms of
a special rule.)
The question of order on September 25 involved a special
rule providing for a motion to dispose of an amendment
between the Houses. As such, clause 9(a) was inapposite. It
had no application to the motion in the first instance.
Accordingly, Speaker pro tempore Holden held that the special
rule had no tendency to waive any application of clause 9(a).
The question of order on September 27 involved a special rule
providing (in pertinent part) that an amendment be considered
as adopted. Speaker pro tempore Blumenauer employed the same
rationale to hold that, because clause 9(a) had no
application to the amendment in the first instance, the
special rule had no tendency to waive any application of
clause 9(a).
The same would be true in the more common case of a
committee amendment in the nature of a substitute made in
order as original text for the purpose of further amendment.
Clause 9(a) of rule XXI is inapposite to such an amendment.
In none of these scenarios would a ruling by a presiding
officer hold that earmarks are or are not included in a
particular measure or proposition. Under clause 9(b) of rule
XXI, the threshold question for the Chair--the cognizability
of a point of order--turns on whether the earmark-disclosure
requirements of clause 9(a) of rule XXI apply to the object
of the special rule in the first place. Embedded in the
question whether a special rule waives the application of
clause 9(a) is the question whether clause 9(a) has any
application.
In these cases to which clause 9 of rule XXI has no
application in the first instance, stating a waiver of all
points of order except those arising under that rule--when
none can so arise--would be, at best, gratuitous. Its
negative implication would be that such a point of order
might lie. That would be as confusing as a waiver of all
points of order against provisions of an authorization bill
except those that can only arise in the case of a general
appropriation bill (e.g., clause 2 of rule XXI). Both in this
area and as a general principle, we try hard not to use
language that yields a misleading implication.
I appreciate your consideration and trust that this
response is to be shared among all members of the committee.
Our office will share it with all inquiring parties.
Sincerely,
John V. Sullivan.
This amendment will restore the accountability and enforceability of the earmark rule. And so, accordingly, I urge my colleagues to close this loophole in the earmark rule by opposing the previous question.
Madam Speaker, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question.
I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.