Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 614 and ask for its immediate consideration. Mr. Speaker, I rise to claim time in opposition to the point of order and…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 614 and ask for its immediate consideration.
Mr. Speaker, I rise to claim time in opposition to the point of order and in favor of consideration of the resolution.
I am pleased to be down here for this procedural issue that is before us. The question before the House is: Should the House now consider House Resolution 614? While the resolution waives all point of order against consideration of the bill, the committee is not aware of any points of order.
The waiver is prophylactic in nature. The Congressional Budget Office has stated that H.R. 4089 contains no intergovernmental or private sector mandates as defined in the Unfunded Mandate Reform Act and would impose no costs on State, local, or tribal governments. Again, Mr. Speaker, this waiver is prophylactic, and the motion from the gentlelady from Wisconsin is dilatory.
In order for the House to continue our scheduled business for today, we need to continue on with this proposal and dealing with the rule that is before us.
I reserve the balance of my time.
Well, I would be happy to, but I don't control the time.
I would not dare to try and supersede my interpretation over the Speaker's interpretation. That is his responsibility. However----
Would you allow me to answer the question?
That is still the Speaker's responsibility. However, what deeming applies to is that these are for procedural considerations allowed to go forward until such time as an actual budget has indeed passed. So the answer to your question is actually both: Temporarily, yes; long term, obviously no.
At some time, the Senate has to do their work. Hopefully, they will do it soon and then this issue would be moot.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, once again, I wish to remind the body that we are dealing with a procedural issue. We've heard a great deal of policy debate here, but what we are dealing with is a procedural issue.
The policy of the debate has been debated on this floor and will be debated in the future as well under two criteria: one, either allowing our committees to move forward with its authorization, appropriations, and reconciliation efforts, in which case certain procedural techniques must take place; or, two, actually allowing the Senate to do their work and pass a budget, going to a conference, and then moving forward in that manner. One way or the other, the procedure must go forward. This is not policy we're debating here, it's procedure.
There is precedence for what we are doing. Indeed, in the last Congress, H.R. 1500, the opposition party, the minority party, also deemed resolutions and brought them forward--actually, it's happened six times in our history. The only difference between the deeming that we have here and the deeming
that happened in the last session of Congress is that this particular budget--which will be debated again--actually went through a committee and had a vote on the floor. Unfortunately, when the Democrat Party did that a couple years ago, they had not gone through a committee, they did not have a debate on the floor or in committee or a vote on anything. Actually, the numbers that were deemed at that time were less than 1-day's notice before they were actually voted on the floor. And everyone who has spoken against this procedure voted for that particular deeming a couple of years ago in the last Congress.
There is precedence for this, and the precedence is solely a procedural issue. This is not the time to talk about the policy. There was a time before, and there will be time in the future. This is a procedural precedent, and we can only move forward in doing the work of this Congress--and I appreciate the other side for at least admitting that the Republicans are trying to move forward in the work of this Congress--if we have certain procedural issues done in advance. That's what we are attempting to do.
So, in order to allow the House to continue its scheduled business of this day, I urge Members to vote ``yes'' on the question of the consideration of this resolution, and I yield back the balance of my time.
Mr. Speaker, to continue on, 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. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks.
The resolution provides for a structured rule for the consideration of H.R. 4089, a bill to protect the traditional rights of American sportsmen to fish and hunt on public lands free from undue and illogical bureaucratic restrictions and unwarranted and irrational limitations, and
provides for 1 hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Natural Resources.
Mr. Speaker, I am actually pleased to stand before this House today and support this rule, as well as the underlying legislation. Far too often decisions are made to placate certain political special interest groups who are headquartered far away from the locations they seek to dominate and control, and too often the needs of local citizens and local taxpayers who live in those areas in which the impact will occur are ignored. This asks for our consideration.
Too often local and State considerations are not taken into account. Too often there are inconsistencies within the public domain where the BLM, Fish and Wildlife, and the National Park Service will have different rules. And the difficulty, obviously, for a citizen is not knowing where one starts and where one ends. This bill tries to bring some consistency. And though I don't know how much of the debate will occur on this particular issue, it is about hunting and fishing on public lands.
With that, Mr. Speaker, I reserve the balance of my time.
As was stated on the point of order, when we talk about deeming--a term that, obviously, most Americans have never heard--a procedural issue, we have had the policy debate, and we will have in the future the policy debate. But this point is about procedure.
So, Mr. Speaker, if you will allow me, I'd actually like to go back to the topic of the debate we have today and the topic of the rule and, indeed, the topic of the bill, which deals with hunting and fishing. That ought to be what we are talking about in here, because that is the issue before us in the underlying bill--hunting and fishing. And it is significant because what this bill asks for those who are sportsmen in America is that hunting and fishing be recognized as a historic and traditional recreation activity and that our bureaucracy back here in Washington will support and protect those hunting and fishing rights, although we do not insist that they prioritize them.
What that means in simple language is if the agencies back here in the bureaucracies of Washington decide that some area of public land should be closed to public recreation, they have to have a darn good reason to do it. In fact, the bill lists some reasons to do it--fire safety, public safety, national security, or compliance with State laws or regulations, and only then and there. Indeed, in addition to having that criteria, unlike other elements when we deal with public-lands issues, there is a specific time limit on when these decisions have to be made; and if, indeed, the agency will not make those decisions in a timely fashion, it reverts back to what it was and these activities may go forward.
Do we need to do this? Of course we do. One Bureau of Land Management official implied that recreational hunting should be eliminated on public
lands because, in his words: The urbanites freak out when they hear the sound of shots being done on public lands.
I suggest to you that is not a logical reason on why hunting and fishing rights should be prohibited; and, therefore, you need this language in here to make sure those hunting and fishing rights are indeed protected.
There will be one amendment that will come forward later on that talks about recreational shooting. I want to remind this body that under the rules that we have, that includes such things as reenactments. If ever the Bureau of Land Management or the National Park Service has a reenactment, if that amendment were to be passed, you couldn't actually shoot a flintlock because it would violate some of the proposed rules here.
It also goes on to say that Congress has, for a long time, banned EPA from making rules or regulations dealing with lead ammunition or flying equipment. And yet, once again, we have a nuisance lawsuit that was filed on March of this particular year petitioning the EPA to make a decision to try and ban this particular process. There is no scientific evidence for that petition.
But we don't know necessarily what some of the agencies in here making bureaucratic regulations--in effect, making a legislative decision within the body of an executive agency--will do. Therefore, this legislation, once again, makes it crystal clear that Congress has spoken on this issue, that Congress has primacy on this issue, and that Congress' decision on this issue should, indeed, be respected.
This bill stops red tape by the bureaucracies that has stopped legal hunting trophies from coming into this country. I emphasize the word ``legal'' hunting trophies.
This bill is supported by every sportsmen's group imaginable.
Some people would say this is a Second Amendment issue. I don't necessarily want to go that far because our Second Amendment is about an individual right to self-defense. Hunting was not the purview of the Second Amendment when it was adopted. But, indeed, the ability of people to bear weapons on public lands to do hunting and fishing when it is allowable is important, and it is important for us to step forward and say that it should be protected.
In essence, what this bill does is say to those who like to recreate on public lands, and that recreation includes hunting and fishing, that is a traditional, that is a historic activity and that should be maintained, and any of those efforts by special interest groups to try and curtail that will be rejected by this Congress. That's why this bill is here, that's why this bill is significant, that's why this bill is important, and that's why this bill should be passed, including the rule to start forward in that process.
With that, Mr. Speaker, we will talk about other elements, I'm sure, that will come up, but we can do that at a later time, and I reserve the balance of my time.
Again, Mr. Speaker, I yield myself such time as I may consume.
I appreciate the concerns of some people who do not live in areas that have a vast amount of public lands owned and controlled by the Federal Government, who don't see the need for some of those situations to be modified, rectified, and secured.
For those of us who have the joy of the Federal Government as an absentee landlord, this bill is actually of significance. It's not just another gun bill; it's dealing with ways of life and recreation opportunities that should and ought to be maintained at all times.
But, Mr. Speaker, there is the deeming portion of this that happens to be there. Senator Eugene McCarthy of Minnesota, that name that goes back to my childhood, once gave a wonderful article in which he told people that if you were a Senator not to worry about the rules of the Senate because none of the Senators know what they are, so just go ahead and try what you want to. He also said that if you're a House Member, rules of the House are too complex, so just ask the Parliamentarians; don't try to learn them. There's a load of wisdom in that, because what we have in here, in this particular deeming section, is a procedural issue, something that must take place according to our rules if we, indeed, are to go forward with the work of what Congress is supposed to be.
Unlike the rhetoric that we have heard so far, this is not the debate on the policy issue. That has happened in the past. That will come again in the future. This rule is simply about the procedure if we allow Congress to move forward with our work.
I have said there is precedent for this. Six times in the history of the House these kind of deeming provisions have been written into the budget. Is it good? Of course not. No one wants to do it this way. But it has to go forward simply because of the dynamics of the two Houses that we have here right now.
As I said, this has precedent for it.
In 2010, indeed, there was another deeming motion that was made here on the floor in House Resolution 1500 of that particular year. The gentleman from Massachusetts was the sponsor of that on the floor, as well, in which, at that time, under Democratic control, we also deemed. There was a difference, though, in that deeming of that time. Under this time, there has been a budget that has gone through the Budget Committee and that was voted on in the Budget Committee and was debated on the floor and passed on the floor.
In 2010, there was no budget that went through a Budget Committee and did not have a vote. Indeed, the numbers were only given a day before the actual vote took place under martial law. At that time, in 2010, this House resolution was hereby adopted. We're not doing that this time. What we are simply doing is allowing the process to go forward.
Now, there are two ways of doing this: either we can pass this deeming concept for the House so that the appropriation bills and the authorization bills and the reconciliation bills within their committee can go forward with some kind of standard on what they are doing. To do so without that is like playing a baseball game without any umpires where no one is there to say what is a ball and what is a strike and if there is an out or a safe. That's what this concept would do.
There's another way of solving that same problem, and that's asking our good friends on the other side of this Chamber, the Senate, to finally pass a budget so that we can work together and move forward.
Look, the Senate has refused to pass a budget in, now, 1,081 days; 1,081 days the Senate has refused to do a budget on their side. And we should not be paralyzed because of their inaction. In 1,081 days, Henry VIII married, divorced, and beheaded his wife in less time than that.
The Senate should be willing to move forward, and if they did, if they passed the budget and we have this conference committee, we could actually move forward in that time. But without that, we have to do something else procedural so that our committees can actually pass authorization bills, appropriation bills, and reconciliation bills and bring them here to the floor in some kind of order.
We have to have a budget if you don't want to have a government shutdown. You have to have a budget if you want a reconciliation that will solve what Secretary Panetta says is that sequester meat ax that would happen to the defense of this country.
You have to have a budget because the Senate refuses to do a budget. I find it surprising that some on the other side are basically arguing not to do anything, which would actually lead to shutting down the government or draconian cuts, or basically telling us we're not supposed to do our work. That is ridiculous.
This is not a great concept. I'm not happy that we're doing this. It would be much better if the Senate would do their work and let us work together.
Or maybe there's a third option. Congressman Berger of Wisconsin, back in the 1920s, suggested that a constitutional amendment would be passed to dissolve the U.S. Senate and leave only the House. That is a third option that would solve our problems, and perhaps our friends on the other side would like that option better.
Sans that opportunity, we've got to move forward. This is a procedural issue to move us forward with precedents, having been done in the last Congress, precedents. I ask that you consider that.
I reserve the balance of my time.
I appreciate the former Speaker's visit to the floor, and I have a comment to make about the verbiage of deem and pass.
But first, before we get there, I'd like to actually have someone talk about the resolution itself. I yield 2 minutes to the gentlewoman from Michigan (Mrs. Miller) to actually go back to what it's supposed to be about, hunting and fishing.
I thank the gentleman from Oregon for being here. It was exhilarating to hear someone actually talking about the bill before us. Unfortunately, it was slightly inaccurate as well, so if I could make a couple of corrections.
The trophy concept that is there is not opening it up for new elements. It is simply saying those trophies that were already legally hunted and have been denied access to this country can be accessed into this country. It doesn't expand anything. Indeed, rather than actually taking away State and local control, one of the provisions of this bill is that the rules will be attuned to State and local laws, which means State and local authorities actually have a great deal of authority under this particular bill. They have more authority than a bureaucrat sitting here in Washington.
But let me go back to what the other people wish to talk about, and that is this deeming concept again--even though that is one of the provisions and is still not the basis of the bill.
I taught debate for almost a dozen years, and I had a debate coach when I was younger who used to say when you're totally lost on an issue and you don't know what to do, just find an argument and keep drilling it in over and over again and just maybe the judge will vote for you. You've heard that happening today. No decision is being made on this procedural vote. We did actually have a debate and vote 3 weeks ago. That debate would have been appropriate, was appropriate 3 weeks ago, and will be appropriate in the future, but not necessarily. This is a procedural vote on how we move forward; it is not a policy vote on how we move forward.
Words do have consequences and meaning. The Speaker was kind enough to come in here and talk about how we are deeming and passing something. I have to take umbrage of that slightly. We are not deeming something and passing something. That actually took place in 2010 when Speaker Pelosi presided over House Resolution 1500 that, indeed, deemed and then passed something--passed something that had not
gone through committee, had not been discussed or voted by anybody. And with less than a day of actually looking at the numbers, that was deemed and then passed.
What we are talking about here is passing something which happened 3 weeks ago and now, so that we can go forward with the discussion in our committees, deeming it simply because the Senate, once again, in over 1,000 days has failed to allow us, in a traditional way, to move forward. That's why this is a procedural vote. This is not about policy. This is not an effort where you have to pass something to find out what's in it. This is the procedure in which we will go forward on something we have already passed out of committee, on something which is in the nature of what is going forward, which has been debated here on the floor, and now allow it to be debated further. This is procedural. This is procedural.
I yield to the gentleman from Maryland.
I appreciate that. And reclaiming the time very briefly because I know you're the next speaker and you're going to go over this issue one more time, yeah, that's exactly what--there has to be a procedure to go forward. But, once again, unlike what happened in 2010, we're not pulling the numbers out of thin air. You actually had the chance to debate that earlier in your Budget Committee and will have the chance to debate that again on the floor as well as in the committee. That's process; it's a process. If you want to, again, go across the rotunda and talk to your friends over on the other side, maybe we wouldn't have to do that. But until they're willing to do something, we have a procedural problem here.
With that, I reserve the balance of my time and look forward to hearing the gentleman.
Madam Speaker, I yield myself such time as I may consume.
My old debate coach is looking down on our actions and is smiling, saying his advice was right. Just keep making the same arguments over and over again, and maybe someone will actually believe those. This, actually, still is about a sportsmen bill and about hunting and fishing rights on public property.
What the gentleman from Maryland just said is 99 percent accurate. There is one slight difference in what he said, and that is that this would be deemed until such time as there is a conference report. If there, indeed, is another avenue to go, ask the Senate to do its work, to do its job, to have a conference committee, and to actually move forward in that manner. Otherwise, we have to either do it in an improvised way, which is this, or you have to simply not do it at all.
Actually, one of the end results of what the other side is telling us to do is to simply not do anything. Do not go forward with any ideas. Do not go forward with reconciliation, and have a defense sequestration go into effect that would devastate the military that Secretary Panetta is begging you not to do. You have to do something procedurally to move forward. This vote does not implement anything. This vote allows our committees to go back and do the work that we were supposed to do. You defeat this, and we go back to a policy of doing nothing.
As I said before, there is precedent for what we are doing. I don't know why we say we are burying this in a hunting bill; but in 2010 when we did this deeming practice over another administration, it was buried in section 4 of House Resolution 1500. Once again, in going through a different process back then because no committee had ever looked at those numbers before, they were deemed and passed. This time, we actually passed a bill. We debated it in committee. We debated it on the floor. Now we are going to deem those numbers until such time as the Senate is responsible enough to do its work and have a conference committee report so that the House at least does what we are charged to do, and that is the work of the American people.
This is a procedural resolution that allows our committees to go forward to find solutions and to do it with some order to it. It doesn't presuppose what the final decision will be. That's the argument that's being made here. It does not presuppose the final decision. It is the procedure to go forward, Madam Speaker, and that is why we so desperately need to do this--so the House can do its work when the Senate refuses to do its work.
I reserve the balance of my time.
Madam Speaker, I continue to reserve the balance of my time.
Madam Speaker, I would urge the gentleman to pay particular attention to some of the amendments that are proposed under this rule, one of which would actually probably prohibit those Hollywood people from making movies on public lands again if any kind of hunting and fishing action were to be required.
I yield to the gentleman from California.
With that, Madam Speaker, let me yield 5 minutes to the chairman of the Rules Committee, who is here to clean up the mess I have made so far.
How many would you like me to have?
Then we will have that many, but I hope I will be the last.
Madam Speaker, there is, as I finish this, a couple of areas I want to talk about. There are children who are preparing to go to preschool today who have lived their entire lives without seeing the Senate actually pass a budget. Were that not the case, we would not be here with this particular issue, and if they actually were to pass a budget, we would go forward without this particular issue.
Once again, the merits of the budget notwithstanding, this vote does not implement anything; it allows us the procedure to go forward to implement something. The underlying bill still does talk about the ability of those of us who live in public land States to have hunting and fishing rights guaranteed and protected without the heavy hand of Washington bureaucrats stopping that concept. Indeed, State law will have to be considered before they do any kind of concept.
I also want to put one other concept before you, just in closing, that illustrates the problem we have with the American people on how we waste money and, indeed, that needs to be one of the first things of our consideration.
CBO has scored this bill as potentially costing $12 million. It doesn't make a difference. There is nothing mandated in here that needs to have a review under the NEPA process of these bills. The administration said that we might have to go through this process, therefore, you should score it at $12 million.
Let's make an assumption that you actually had to go through the reprocessing of going through all of the land management plans. And I would ask the people the question: Does it make sense that it would take $12 million for the Park Service and the BLM to decide whether hunting would or would not be allowed? Could that not be done with the Secretary and a cell phone within a week if we actually were decent about what we were attempting to do?
When, indeed, we have bills like this in which the administration and the government is trying to say, well, it will cost $12 million to make the decision of whether hunting is allowed or not, it puts all of our efforts into question. It does not make sense. And it may be one of the reasons why we need to look at what we are doing internally first, and that would be an appropriate thing to take place.
Madam Speaker, in closing, I want to reiterate that this is still a procedural vote on a rule that is extremely fair, and it is appropriate to the underlying legislation of H.R. 4089, which does talk about fishing and hunting rights, preserving that time-honored tradition and, indeed, allowing those of us in the West to make sure that we are not precluded from those traditional areas of activity. It's a good bill and, more importantly, this is a fair rule, and I urge you to adopt it.
With that, I yield back the balance of my time, and I move the previous question on the resolution.