Madam Speaker, I ask unanimous consent that: (1) the Committee on Appropriations be permitted to file supplemental reports to accompany H.R. 2641 and H.R. 2643, respectively; and (2) during further consideration of H.R. 2638 in the…
Madam Speaker, I ask unanimous consent that:
(1) the Committee on Appropriations be permitted to file supplemental reports to accompany H.R. 2641 and H.R. 2643, respectively; and
(2) during further consideration of H.R. 2638 in the Committee of the Whole pursuant to House Resolution 473, the pending amendment offered by Mrs. Drake shall be debatable for 10 further minutes, equally divided and controlled by the proponent and an opponent, and notwithstanding clause 11 of rule XVIII, no further amendment to the bill may be offered except:
pro forma amendments offered at any point in the reading by the chairman and ranking member of the Committee on Appropriations or their designees for the purpose of debate;
An amendment by Ms. Ginny Brown-Waite of Florida regarding funding for border fencing and technology;
An amendment by Mr. McHenry regarding funding for Citizenship and Immigration Services;
An amendment by Mr. Ferguson regarding funding for Buffer Zone Protection, which shall be debatable for 5 minutes;
An amendment by Mr. Burgess regarding funding for Secure Flight, which shall be debatable for 5 minutes;
An amendment by Ms. Corrine Brown of Florida regarding funding for the Office of Inspector General;
An amendment by Ms. Corrine Brown of Florida regarding funding for FEMA management and administration;
An amendment by Mr. King of Iowa regarding funding for Drug Smuggler Lookout Posts;
An amendment by Mr. Pearce regarding funding for Customs and Border Protection;
An amendment by Mr. Shays regarding funding for sharing information with Interpol;
An amendment by Mr. Kuhl of New York regarding a Western Hemisphere Travel Initiative study;
An amendment by Mr. Kuhl of New York regarding a northern border study;
An amendment by Mr. Conaway regarding funding for invasive species removal;
An amendment by Mr. Hunter or Mr. Royce, Mr. King of Iowa or Mr. Franks of Arizona regarding the Secure Fence Act;
An amendment by Mr. Carter regarding border fencing requirements;
An amendment by Mr. Souder regarding a report on use of air and marine interdiction assets;
An amendment by Mr. McCaul of Texas regarding unmanned aerial systems;
An amendment by Mr. King of Iowa regarding funding for worksite enforcement;
An amendment by Mr. Souder regarding funding for Deepwater;
An amendment for Mr. Bilbray regarding funding for REAL ID;
An amendment by Mr. Dent regarding funding for Secret Service protective missions;
An amendment by Mr. Jindal regarding funding for FEMA disaster relief for hurricane preparedness;
An amendment by Mr. Davis of Kentucky regarding funding for Commercial Equipment Direct Assistance grants;
An amendment by Mr. Langevin regarding funding for cybersecurity research and development;
An amendment by Mr. King of New York regarding funding for domestic nuclear detection;
An amendment by Ms. Corrine Brown of Florida regarding airport employee screening pilot program;
An amendment by Mr. McCaul of Texas regarding the MAX-HR project;
An amendment by Mr. Thompson of Mississippi to strike section 537(b) relating to small business;
An amendment by Mr. Deal of Georgia regarding limitation on use of funds to put out to pasture horses and mules;
An amendment by Mr. Ellsworth regarding limitation on use of funds for contractors delinquent on Federal debt;
An amendment by Mr. Hensarling regarding limitation on use of certain FEMA grant funds;
An amendment by Ms. Jackson-Lee of Texas regarding a report on pipeline and refinery vulnerability;
An amendment by Mr. LaTourette regarding the Western Hemisphere Travel Initiative;
An amendment by Mr. Ortiz regarding limitation on funding for border fencing;
An amendment by Mr. Poe regarding limitation on use of funds to implement plans under section 7209 of the Intelligence Reform and Terrorism Prevention Act;
An amendment by Mr. Rogers of Kentucky regarding a reduction in funding;
An amendment by Mr. Rogers of Kentucky regarding limitation of total number of airport screeners;
An amendment by Mr. Rogers of Kentucky regarding the Davis-Bacon Act;
An amendment by Mr. Tancredo regarding limitation on use of funds to carry out visa waiver program;
An amendment by Mr. Tancredo regarding limitation on use of funds in contravention of section 642(a) of the Illegal Reform and Responsibility Act;
An amendment by Mr. Price of Georgia regarding limitation on use of funds for research on global warming;
An amendment or amendments by Mr. Price of North Carolina regarding funding levels;
An amendment by Mr. Obey prohibiting funding for earmarks; and
An amendment by Mr. Forbes prohibiting use of funds for temporary protective status.
Each such amendment may be offered only by the Member named in this request or a designee, or by the Member who caused it to be printed in the Record or a designee, shall be considered as read, shall not be subject to amendment except that the chairman and ranking minority member of the Committee on Appropriations and the Subcommittee on Homeland Security each may offer one pro forma amendment for the purpose of debate; and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
Except as otherwise specified, each amendment shall be debatable for 10 minutes, equally divided and controlled by the proponent and an opponent. An amendment shall be considered to fit the description stated in this request if it addresses in whole or in part the object described.
Madam Speaker, will the gentleman yield?
Madam Speaker, my understanding, and if the gentleman will shortly yield to the distinguished minority leader and the distinguished majority leader, but my understanding of this provision is that it seeks to assure that there are two kinds of remedies available to items that are in conference. My understanding is that if
the Senate adopts an amendment and the conferees do not like that amendment, then their remedy is to oppose the Senate amendment in conference and refuse to accept it. The question then becomes, well, what is the remedy of each individual Member if something is airdropped that was not in either the House or the Senate bill?
My understanding of the provision is that at that point, any Member has the right to raise a point of order against consideration of the conference report, and if that point of order is upheld by the House, then the conference report is sent back to the conferees for correction or adjustment.
Madam Speaker, if the gentleman will yield, it had been the intention of the minority leader, the majority leader, and myself to try to get the House moving on this bill tonight so that we aren't here until 4 in the morning. Then, while this bill is proceeding, we intend to sit down and to lay out an additional colloquy which will walk Members through all of the other items that reflect any additional understandings that will be attendant to the appropriations process.
Let me simply say to the gentleman, for the convenience of the House so we don't keep them here until 4 in the morning, we would like a little time so that we work out a clear understanding that we are all saying the same thing, that we will shortly be back to the House for an additional briefing on those matters, if that still meets with the approval of the two leaders.
That's not correct. There is an understanding that has been reached. It is a little more complicated than the gentleman has expressed. But the intent is that all of the bills will, by the time the bills move to the Senate, have an opportunity for earmarks to be attached to the bills.
Let me just walk you through what my understanding is with respect to all of the subcommittees.
That is correct, as I understand the agreement.
As the majority leader has pointed out, the only exception to that is that the Energy and Water bill needs to proceed, but it takes a longer period of time to prepare the earmarks. So we will complete action on the Energy and Water bill except for the question of which earmarks would be attached to that. We will then have a separate report which is reported to the House, and the House will then have the opportunity to consider those earmarks. And after that consideration is completed, then, only then, will that bill be sent to the Senate. So when it goes to the Senate, it will be one document.
Yes.
Yes. The understanding is that, as we have in the past, the intention is to reach unanimous-consent agreements under which each of the bills will be considered. And it is our hope that that time will be reasonably reflective of what it has been in the past.
It is also the intention that the bill managers will be expected to be reasonably flexible in establishing those time limits as some modest additional flexibility is required.
That's our understanding. As a practical matter, last year, if you take all of the appropriation bills, the House expended approximately 108 hours of debate. We think that somehow within time reasonably close to that and with reasonable flexibility between bills, we ought to have sufficient expression of views by the Members to make intelligent choices and move the people's business forward.
That's above my pay grade. That's up to the Rules Committee and the leadership. Let the leadership respond.
If the gentleman would yield, let me make clear, I requested an open rule for the bills that have been approved by the Rules Committee so far, and I intend to keep doing so unless we think that those open rules are so abused and so far a departure from what we have expressed as our general intentions that some other course is required.
If the gentleman would yield.
It is our intention with respect to open rules to make virtually the same request of the Rules Committee with respect to each bill that was made by your party when you were in the majority. And it is our hope that you will respond as we did in the minority by agreeing to reasonable time limits on each of those bills in return for that.
Would the gentleman yield?
It has been suggested to me that we can clear this up by my simply reading the statement that we had intended to read to the House at a later point. If the gentleman would indulge me so I could do that, I think it will answer virtually all of the questions that people have.
This is that statement.
The House is now proceeding under a unanimous-consent agreement which in addition to the hours already covered will limit total time for consideration of this bill to 24\1/2\ hours. This is a limit of an additional 6\1/2\ hours which we will have to endure tonight.
The UC agreement also allows the filing of supplemental reports to enable earmarks to be added to the Interior and Energy and Water appropriation bills without returning the bills to committee. It is expected that this will slow down consideration of the Interior bill by about a week.
We will complete action on the Energy and Water bill on the floor next
week, but will not send it to the Senate until the House has an opportunity to act upon the projects that will be attached to that bill. That bill will probably not be sent to the Senate until July.
This agreement is part of a larger agreement that contains the following additional understandings:
There will be a unanimous-consent agreement for Military Construction that limits consideration of amendments and time on that bill.
With respect to the Homeland and Military Construction bills, both bills will be allowed to proceed without earmarks, which, if they are provided, will be added in conference. The intention is that when those bills come back from conference, a point of order against consideration will be in order against any projects that were not in the House or Senate bill, and if those points of order are upheld by the House, the report will go back to the conference for adjustment.
The Financial Services, Foreign Operations and Legislative Branch bills, three bills that have already been reported out of committee, will briefly be sent back to committee so that earmarks can be added. The minority party has agreed to expedited procedures to consider these bills once the earmarks have been attached. That will slow consideration of the bills by up to 2 weeks.
CJS will not be considered until the proposed earmarks are ready for attachment, hopefully before the July 4 recess.
The Labor-HHS, Transportation, HUD and Agriculture bills will be considered after the July 4 recess, that is a change, in order to give committee staff more time to include earmarks for those bills.
The minority has agreed that they will help facilitate reasonably speedy consideration of the remaining bills. The expectation is that the House will adopt UC agreements to place reasonable limitations on the time for consideration for each of the appropriations bills which are expected to be roughly and generally similar to the overall time agreements that were adopted for consideration of appropriation bills in the past.
The bill managers will be expected to be reasonably flexible in establishing those time limits if modest flexibility is required. This is the understanding of the Appropriations Committee and the House Democratic and Republican leadership.
The House should be pleased with this agreement because it recognizes the reality that there is not enough time to responsibly include earmarks in the earliest appropriations bills to be considered by the House. While providing that recognition, it assures a reasonable process that will provide an opportunity to question earmarks.
If the gentleman would yield?
Let me correct the gentleman in one respect. There was no change of heart on the part of the majority leadership on anything to my knowledge.
Secondly, if we are talking about trust, the fact is that I have been asked in this agreement to trust the word of the minority leader that when we describe what the conduct will be during future appropriation bills, that that conduct will be reasonably close to what is described on this paper. There is no guarantee in this paper to me that that conduct will be appropriate conduct.
In this case, however, I am simply taking the word of the majority leader and the minority leader. If it is good enough for me, I hope it is good enough for you. And when the day comes that we cannot trust the word of the majority leader or the minority leader in this House, then this House is really in sad shape.
If the gentleman would yield, I was not part of the agreement on the point of order. I am simply trusting the majority leader and the minority leader, and I would suspect that virtually every Member of this House has that same trust towards both of them.
I think that question has already been answered in the affirmative, so long as the conduct of the House justifies open rules.
No. If the gentlewoman would yield, it is not going to be attached to another bill. The bill is already out of committee. It needs to proceed. It takes a great deal of time. There are a lot of things in that bill besides earmarks, thank God. We are trying to move the business ahead as fast as we can.
What this agreement states is that we will finish all of the nonproject-oriented issues in that bill. We will complete consideration of the bill except we will then rise, and when the report is finished that will be attached to the energy and water bill, it will be reported to the full House. When it is reported to the full House, we will then have before the House for consideration the projects that are included in that report and that will be during consideration of the energy and water bill itself. So it will not be a separate bill, it is the energy and water bill.
We are just allowing the projects to catch up to the bill. And then before the bill goes to the Senate, you will have a full opportunity to deal with the report and the energy and water bill simultaneously.
I honestly don't know what the gentleman is talking about. All I was saying is we were trying to get Members home before 2 in the morning by allowing this bill to proceed. We wanted to simply perfect the statement which I just read to make certain that everyone agreed, and we thought when we had more time to review that and check for any changes, we would come right back to the House. Instead, Members wanted to discuss it now. So forget everything I just said with respect to that other statement.
There are no earmarks in this bill. I personally have no interest in adding them. If it happens in the process because of the will of the committee or the body, then they will be in the bill when it comes back to the House and then the gentleman's point of order will be in order.
If you will take a look at the time that was taken for every bill last year, that time that we have been talking about included the entire time for consideration of the bill. So for example, when we say it took 17 hours and 12 minutes for the Commerce-Justice bill last year, that means it took 17 hours and 12 minutes to do the entire bill from start to finish. Only a part of that time was represented by the time allocated to amendments.
All we are saying is that it is our hope that we can keep each of these bills to roughly the same amount of total time. If you need some flexibility between the bills, the statement makes clear and the understanding is that we will try to show that flexibility so long as it is not abused.
Let me simply say that when we compiled these numbers, since there was no Labor-H bill considered last year, we simply looked at the amount of time that it took the previous year to consider the Labor-H bill, and that was 12 hours and 43 minutes. So I think that in 12 hours and 43 minutes, if Members have an objection to an earmark or any other provision, they are going to manage to find a way to bring it to the attention of the House. And if they can't figure out how, I would just ask that you talk to the gentlewoman from Texas (Ms. Jackson-Lee) and she will show you how to do it. She's got a lot of experience.
Let me say, and then be very blunt about this, this agreement requires a lot of trust between people. I've had to rely on a lot of trust on the minority leader tonight, and I expect to have the right to expect the same consideration from others in this House.
We have not had much experience in the last 14 years at either producing or delaying reports. That has been the prerogative of the majority party. We're now the majority; and as you know, we had a lot of catch-up work to do from the last session, and we've been working long hours. It is not our responsibility to run the printing office. Sometimes we don't have control over when documents are printed. Sometimes the process breaks down there; sometimes it doesn't.
All I can assure the gentleman is that we are going to try to comply not only with the letter but the spirit of the rules of the House.
When I was in the minority, I was pushing very hard to see the 3-day practice maintained, even though the rule had been changed to 2 days. We intend to continue to do that.
The answer to the gentleman's question is ``yes.''
Let me be very frank. I haven't had time to consider any of these questions because I have been so tied up simply trying to move bills. All I can tell you is we will comply with whatever the rules of the House are. Frankly, at this point, I am not exactly sure what they are. Whatever they are, I will comply with them.
No one is trying to hold back information. What I need is time to know what that information is.
With respect to the certifications you are talking about, they will be available in the committee office to the public, to Members of Congress, and they will meet whatever requirements, whatever other requirements of the rules that there are. All I can tell you is that we haven't given any consideration to earmarks at this point because we haven't had time to.
I think the agreement that we have here tonight finally recognizes the fact that if we're going to proceed with these bills, that we simply haven't had time to produce the initial earmarks.
We are slowing down this process considerably. I want to assure you that we're going to do everything we possibly can to comply with the spirit and the letter of the law. The gentleman knows me. I hope the gentleman regards me as someone who is up to his commitments.
That's all I can honestly say.
No one is trying to make anything difficult for any Member to review anything.
I don't know what experience you had under the last regime. We have not had an opportunity to perform on that yet.
With all due respect, I take no responsibility for anything done by any authorizing committee.
If the gentleman would yield, one of the reasons I have been trying to explain to the House why it takes so long to carefully screen these earmarks, is because many of the requests that come in are so vague that we don't understand where that money is intended to go to.
So then we have to go to the individual Member, and we have to say, hey, we really can't tell from your request where this is supposed to go. You
need to change your request so we know what you are talking about. Then we have to sort them out so we know that you don't have three people asking for the same thing in different language. That takes a lot of time.
So if the gentleman thinks that sometimes you're confused, so are we. That's why we were asking for more time.
I want to stipulate one thing. I recommended to this House a proposal that I thought would give us the best possibility of avoiding future embarrassment. This agreement indicates the House wants to go in a somewhat different direction.
That means that with respect to almost all of these bills, we will have less time for our staff to review them than would have been the case under the proposal that I was suggesting.
In my judgment, that means that we will run a higher risk of mistakes than we would have otherwise had, because we will not have the entire month of July for the staff to review these requests.
So I am giving up on that expectation for a higher level of staff review so that we can continue to do the people's business and get through these bills in time for program managers to get funding out for these programs in an orderly manner.
So a lot of us have a lot of complaints about this. I didn't invent the earmark process. If I had my way, there wouldn't be any, as the gentleman knows.
But it's my job as chairman not to pursue what I believe. It's my job to try to find a balanced point in the House that I think will achieve consensus in the House, hopefully between two parties. That's what I would try to do, and I will appreciate the recognition of that fact from the gentleman and every other Member of this body.
Even though the Senate is resisting, I am the person who ended the earmarks. I am the person who put a moratorium on earmarks for a year. You know that two-thirds of your caucus and two-thirds of my caucus were mad as hell at me when I did that.
I am now trying, and so is our leadership, to reduce earmarks by at least 50 percent.
As you know, there are a lot of people who are angry about the fact that we are cutting earmarks by that much.
With all due respect, the letters requesting earmarks are not going to be made public. Let me explain what will be made public. I will take responsibility for every earmark that I recommend. But I have no intention of taking responsibility for somebody's pipe dream that we reject.
I have already told you those will be available. I don't know how many times I have to chew my tongue, but I have already told you.
With all due respect, we will comply with the House Rules. That's the best assurance I can give the gentleman.