Mr. Speaker, I rise in opposition to this 21-day extension to FISA. If Congress does not act this week, critical tools that allow our intelligence officials to monitor terrorist communications overseas will expire. We not let that happen!…
Mr. Speaker, I rise in opposition to this 21-day extension to FISA. If Congress does not act this week, critical tools that allow our intelligence officials to monitor terrorist communications overseas will expire. We not let that happen!
As we all know, yesterday, the Senate approved a comprehensive, long term, bipartisan bill by a vote of 68-29 to close the terrorist loophole in our intelligence laws. Their bill represents a strong compromise between Congress and the Administration. It is a responsible plan for protecting our nation against the threats of terrorism.
The intelligence community needs a long-term fix to gaps in our intelligence laws--not a 21-day delay. After 7 months of stalling and a 15-day extension, passage of another short-term extension is irresponsible, when we have a long-term solution ready to be voted on.
The Senate has passed a strong, bipartisan bill. The House must now act quickly to pass the Senate's bill and send it to the President. Failing to do so is effectively failing to protect our country.
I urge my colleagues to vote against this extension, and instead immediately pass the Senate's version of the bill so we can send this important bill to the President.
The material previously referred to by Mr. Hastings of Washington is as follows:
Amendment to H. Res. 976 Offered by Mr. Hastings of Washington
(1) Strike ``That upon the adoption of this resolution it''
and insert the following:
``That upon adoption of this resolution, before
consideration of any order of business other than one motion
that the House adjourn, the bill (H.R. 3773) to amend the
Foreign Intelligence Surveillance Act of 1978 to establish a
procedure for authorizing certain acquisitions of foreign
intelligence, and for other purposes, with Senate amendment
thereto, shall be considered to have been taken from the
Speaker's table. A motion that the House concur in the Senate
amendment shall be considered as pending in the House without
intervention of any point of order. The Senate amendment and
the motion shall be considered as read. The motion shall be
debatable for one hour equally divided and controlled by the
Majority Leader and the Minority Leader or their designees.
The previous question shall be considered as ordered on the
motion to final adoption without intervening motion.
``Sec. 2. It''.
(2) Redesignate section 2 as section 3.
(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.