Steny Hoyer

Mr. HOYER

Mr. HOYER. Madam Speaker, I thank the gentleman for yielding. I would echo the comments of both Mr. Boehner and Mr. Obey. We were pleased to support and will be offering very shortly that protection. So I say to the gentleman from Kentucky, we expect to do that in the next few days, and his conference report, when it comes back, will be subject to this point of order.

Mr. HOYER. It will be done very soon.

Mr. HOYER. Yes. If the gentleman will yield further, I have indicated to the minority leader that no conference report will be considered on the floor until we adopt that amendment, but I expect to adopt that amendment, frankly, before your bill gets to the Senate.

Mr. HOYER. Yes, it will.

Mr. HOYER. Before you do that, will the gentleman yield?

Mr. HOYER. The gentleman is going to, I think, outline our understanding of the agreement. But the answer to your question is yes. Every earmark starting with Monday forward, obviously we know that these two bills are moving tonight, our agreement is that every earmark going forward will be included in the bills. The only complication is both sides have recognized that on the Energy and Water bill, it is going to take a very substantial time, so that the earmarks that would otherwise be included in the Energy and Water bill will be included in a subsequent bill, to then be attached prior to the Energy and Water bill going to the Senate. But that will be open for full debate and amendment to remove those earmarks. So the answer to your question is yes.

Mr. HOYER. If the gentleman will yield, and I want the gentleman from Wisconsin to correct me, but my understanding is they may not be listed because the problem is that the time to vet those, and both sides agree, is a longer time. But we want to move the Energy and Water bill. It will not move out of this House. All of the earmarks that would be attached to that bill will be attached to another bill, will be listed, will have the author and the assertations and they will be subject to a vote on the House floor as any other. So prospectively all 10 bills moving forward will have it. It is just that the Energy and Water will be not done together; they will be done separately.

Mr. HOYER. Yes.

Mr. HOYER. That's correct.

Mr. HOYER. Yes. The minority leader might want to answer that as well.

Mr. HOYER. If the gentleman will yield, I don't want to undermine our full explanation of this event, but when the minority leader says, ``all the time they need,'' neither the minority or the majority have ever thought that other Members needed as much time as the Members think they need. So with that caveat, you can consider it in that context.

Mr. HOYER. It is.

Mr. HOYER. Will the gentleman yield?

Mr. HOYER. No, it was part of the agreement. And we expect to move forward on open rules. But I want to make it clear and don't want to undermine the agreement but I want to make it clear, if we are subjected to what we believe were dilatory tactics, then that would not be consistent with the agreement and, therefore, our provision would be that, in lawyer's terms, the agreement had been breached. But it is part of the agreement.

Mr. HOYER. That is the understanding of the majority. The leader, your leader and I, have spent substantial time together over the last 48 hours discussing this agreement and discussing it with Mr. Obey and Mr. Lewis. Clearly we are proceeding in not as a definitive way as we might otherwise have proceeded, and we are proceeding with reliance on the good faith of each to proceed in a manner that we believe accommodates what has been done last year and what we hope will be done this year and, that is, consider these bills with the inclusion of the earmarks in the bills in a manner that facilitates their being passed through this House.

Mr. HOYER. Yes. That is what I represented to Mr. Rogers, and I repeat it to you. Yes.

Mr. HOYER. I thank my friend for yielding. I want to tell my young friend from North Carolina, that is the representation I have now made three times. I have made it to your leader. I suggest you ask your leader whether he trusts me to do that.

Mr. HOYER. I thank my friend for yielding. I said ``yes.'' I have said it three or four times. I will say it again. But I want an understanding made clear, and I will reiterate it. We have an agreement. We have an agreement between people who are trying to move America's business forward. That agreement assumes conduct on both sides. There are going to be open rules. But if the conduct that is expected on both sides is not met, I expect both sides will feel the agreement has been breached.

Mr. HOYER. Would the gentleman yield?

Mr. HOYER. As the gentleman knows, the question was asked, has the unanimous consent been modified. It has not. So that whatever agreement, at whatever time it's reached, will have to have the unanimous consent of the body, each and every Member. That part will be the protection against any arbitrary or capricious action. We are pursuing that. As the minority leader said, there's been no change in that.

Mr. HOYER. I thank the gentleman, first, for his comments. Secondly, I thank the gentleman for his question. I happen to believe, I want the gentleman to know, that the rule you were involved with that the minority leader and I have discussed is a good rule. It's a good rule because if something is dropped in conference that nobody knows about it, whatever it may be, I'm not going to mention any specific projects, but we've talked about some during the course of the last 2 days, we will in the rule provide for 10 minutes on each side. So, essentially, what we're doing is expanding under those circumstances by a third the time available for debate on a conference report. So it is a pretty substantial extension of time. I think to the extent, again, the gentleman was involved, it's an appropriate extension of time so that we do ensure what all want to ensure and that projects that do not justify inclusion in bills and this House or the Senate rejects them or wants to reconsider them, that we have that opportunity. So the debate will be included in the rules recommendation.

Mr. HOYER

Mr. HOYER. Madam Speaker, I have had a discussion with, not directly with the minority leader, but on the representation of the minority leader, I have discussed with the ranking member, Mr. Rogers of Kentucky, Mr. Price and the chairman of the committee. It will be our intention to roll all votes until tomorrow morning, so that there is no expectation that there will be any more votes tonight for Members. The debate will be concluded. Madam Speaker, I yield to the gentleman from Indiana (Mr. Burton).

Mr. HOYER. Nine o'clock.

Mr. HOYER. Probably about 9:10 or so, just about 9 o'clock.

Mr. HOYER. Mr. SHAYS asked me informally when we are getting out. We are working on a unanimous consent agreement between the minority and the majority on the MILCON bill, and that will hopefully facilitate us getting out. I will tell you the minority and majority both believe it ought to be relatively brief, as the MILCON bill has been in the past.