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108th Congress (2003-2004)

FULL COMMITTEE ACTION

Wednesday, September 15, 2004


H.Res. 745, Resolution of Inquiry requesting the President of the United States to provide certain information to the House of Representatives respecting the National Energy Policy Development Group, was ORDERED REPORTED UNFAVORABLY by a yea-nay vote: 30-22.

Opening statement was made by Chairman Barton.

Parliamentary Inquiry by Ranking Member Dingell, inquiring if the Chairman planned to permit all Members to make opening statements.

In response to a further point of parliamentary inquiry by Mr. Dingell, Chairman Barton indicated that he did not plan to permit all Members to make opening statements.

Ranking Member Dingell pursued a further point of parliamentary inquiry, asking Mr. Barton if he was going to permit full and open debate of the resolution before the Committee.

Chairman Barton responded that the Ranking Member could make any points that he wished during the five minutes he would be allowed to speak.  Mr. Dingell, speaking under further parliamentary inquiry, indicated that he understood Mr. Barton's response to be "No."

Parliamentary Inquiry by Mr. Waxman, asking if the Members would be able to debate the issue.  Chairman Barton ruled that Mr. Waxman's inquiry was not a valid parliamentary inquiry.

Opening statement was made by Ranking Member Dingell.

Parliamentary Inquiry by Mr. Brown, asking if this inquiry of resolution is similar to the inquiry of resolution regarding the information provided to Congress for consideration of the Medicare Modernization Act.  Chairman Barton ruled that Mr. Brown's inquiry was not a valid parliamentary inquiry.

Unanimous consent request was made by Mr. Waxman that each side have 15 minutes for opening statements.  Objection by Mr. Radanovich.

Parliamentary Inquiry by Mr. Pallone, asking whether the Chairman intended to have any debate on the resolution.  After brief discussion, Chairman Barton ruled that Mr. Pallone's inquiry was not a valid parliamentary inquiry.

Parliamentary Inquiry by Mr. Dingell, inquiring why the Chairman was choosing to exercise his discretion to deny debate of the resolution.  Discussion of the inquiry ensued.

Unanimous consent request was made by Ms. DeGette that the resolution be debatable for one hour per side.  Objection by Mr. Issa.

Parliamentary Inquiry by Mr. Markey, asking if the resolution would be amendable after being called up for consideration.  Chairman Barton responded that "theoretically" it would be amendable.

Parliamentary Inquiry by Mr. Markey, asking if the motion to report the resolution with a negative recommendation would be open to amendment.  Chairman Barton responded that it would not be open to amendment.

Discussion ensued.

Parliamentary Inquiry by Ranking Member Dingell, asking Chairman Barton again whether the motion to report unfavorably would be subject to amendment.  Mr. Barton responded that the parliamentarian advised that it would not be subject to amendment.

Further Parliamentary Inquiry by Mr. Markey, continuing to clarify whether the motion would be subject to amendment.  Chairman Barton responded that amendment would be possible only if a Member were to be recognized to offer one.

Parliamentary Inquiry by Ranking Member Dingell, asking if it would be the intention of the Chairman not to recognize Members for purposes of offering amendments authorized under the rules of the House.  There was no direct response to this inquiry.

Parliamentary Inquiry by Mr. Waxman, asking under what circumstances Members would be allowed to speak on the resolution.  Chairman Barton ruled that Mr. Waxman's inquiry was not a valid parliamentary inquiry.

Chairman Barton called up the resolution; the Clerk read the resolution.

Mr. Hall was recognized, spoke against the resolution, and moved the previous question.

Point of Order raised by Ranking Member Dingell, inquiring about the purpose for which Mr. Hall was recognized.  Chairman Barton responded that he was recognized to strike the last word.

Parliamentary Inquiry by Ranking Member Dingell, asking if a member of the minority would be recognized to strike the requisite number of words in response to Mr. Hall's recognition.

Chairman Barton suspended consideration of the resolution at 10:35 am.

Committee resumed consideration of the resolution at 10:45 am.  Chairman Barton announced that Mr. Hall had moved the previous question, stated that the motion was not debatable, and called for the vote.

A roll call vote was requested.  The Hall motion was agreed to by a yea-nay vote: 30 - 24.

Unanimous consent request was made by Mr. Green to have Members' statements placed in the record.  Following brief discussion, no objection was heard.

Chairman Barton recognized Mr. Hall for purposes of offering a motion to report H.Res. 745 to the House unfavorably.

Parliamentary Inquiry by Mr. Dingell, inquiring if the motion was amendable.  Chairman Barton responded that it was not debatable.

Chairman Barton then called for the vote on the Hall motion to report.

Ranking Member Dingell requested a roll call vote.  The Hall motion to report H.Res. 745 to the House unfavorably was agreed to by a yea-nay vote: 30 - 22.

Ranking Member Dingell requested two days, pursuant to House rules, to prepare views of the Minority.


THE COMMITTEE ADJOURNED SUBJECT TO THE CALL OF THE CHAIR

 

Prepared by the Committee on Energy and Commerce
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