Mrs. Wilson of New Mexico: Mr. Speaker, I move that the House do now adjourn.
The Speaker pro tempore: The question is on the motion to adjourn.
The question was taken; and the Speaker pro tempore announced that the noes appeared to have it.
Mrs. Wilson of New Mexico: Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
Mr. Sessions: (during the vote): Mr. Speaker, please be advised voting is not available to Members at this time and the Republican minority would request that we have the ability to vote.
The Speaker pro tempore: The voting machine is operational, but there is an issue with the display, the Chair has been informed, and the Clerk is working on it.
Mr. Sessions: Mr. Speaker, point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas.
Mr. Sessions: It is my understanding that the Speaker may, has options available to him or her as it relates to electronic voting to where the Speaker could make a decision to have the Clerk record those votes manually by rollcall.
The Speaker pro tempore: The voting system is operational and the vote is ongoing.
Mr. Sessions: Continuing my request.
The Speaker pro tempore: If the gentleman will suspend. The Chair will try to ensure that Members know of time remaining and will have an opportunity to cast their votes, and the Chair will announce the vote a number of times to allow Members to change their vote.
Mr. Sessions: Mr. Speaker, how am I recorded?
The Speaker pro tempore: If the gentleman will consult with the Clerk, they will tell you how you have voted.
Ms. DeGette: Mr. Speaker, parliamentary inquiry.
The Speaker pro tempore: The gentlelady from Colorado.
Ms. DeGette: Parliamentary inquiry. To speed this process, Mr. Speaker, are the computers throughout the Chamber on both sides working so Members could check the computers to see how their votes are recorded and how much time is remaining?
The Speaker pro tempore: The Chair would recommend that Members check their votes at the voting machine or at the rostrum to ensure that his or her vote is recorded.
Ms. DeGette: Mr. Speaker, further parliamentary inquiry. On this side of the aisle the computers in the Chamber seem to be working, and I am wondering if they are working on the other side of the aisle?
The Speaker pro tempore: That is not a proper parliamentary inquiry. The voting will continue.
Mr. Sessions: Mr. Speaker, point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas.
Mr. Sessions: Mr. Speaker, point of parliamentary inquiry. When the electronic voting system is inoperable or is not used, the Speaker or Chairman may direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4; is that correct?
The Speaker pro tempore: The gentleman is correct.
The voting system is working. The problem is with the display. The House will continue voting electronically.
Mr. Sessions: Point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas.
Mr. Sessions: Mr. Speaker, would it be correct to say that normal procedures of this House are not currently, as it relates to voting, in place and available to Members at this time?
The Speaker pro tempore: The gentleman is correct. There is a problem with the display. The Clerk is working to address that problem. But the voting machines are working, and the tally is being held.
Mr. Sessions: Point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas.
Mr. Sessions: Mr. Speaker, the question is whether the Speaker or the Speaker's designee has the authority to make a decision to enact what we would call to conduct or direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4.
The Speaker pro tempore: The Chair has alternatives; and when it is proper to use them, the Chair may do so.
Mr. Sessions: Point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas.
Mr. Sessions: Mr. Speaker, could you please outline those options that are available to you and your thinking? Because we are in a circumstance where we believe an inoperable voting system is presently being----
The Speaker pro tempore: One is a manual call, one is a vote by tellers, and one is to continue with the electronic vote. And the Chair has chosen to so continue.
Mr. Dreier: Mr. Speaker, parliamentary inquiry.
The Speaker pro tempore: The gentleman from California.
Mr. Dreier: Mr. Speaker, parliamentary inquiry. How much time is remaining on the vote that we can't see displayed any place that we are supposed to be casting?
The Speaker pro tempore: There are 5 minutes and 30 seconds remaining on this vote, and the Chair will accommodate Members on this vote.
The Speaker pro tempore: The gentleman from California has come to the Chair and reminded the Chair that Members may verify their vote at any one of the various voting stations. The engineers are working on the malfunction on the display, and we will continue electronic voting.
The Speaker pro tempore (during the vote): The Chair will remind Members that the House is voting on a motion to adjourn. Members may verify their votes at any of the various voting stations. The engineers are still working on the malfunction of the display.
The Speaker pro tempore (during the vote): The Chair will remind the Members that they may use the voting machines, and Members may verify their vote at any one of the various voting stations. The House is presently voting on a motion to adjourn.
Mr. Sessions: (during the vote): Mr. Speaker, parliamentary inquiry.
The Speaker pro tempore: The Chair recognizes the gentleman from Texas.
Mr. Sessions: Mr. Speaker, as a result of the Members having an inability to know what time remains, can the Chair please advise us what time remains in this vote?
The Speaker pro tempore: The Chair will make every effort to ensure that the Members will have every opportunity to vote, regardless of the time elapsed.
Mr. Sessions: Further parliamentary inquiry. Mr. Speaker, can you please advise me how much time remains in this vote?
The Speaker pro tempore: Will the gentleman repeat his inquiry?
Mr. Sessions: I will, Mr. Speaker. Can you please tell me how much time remains in this vote?
The Speaker pro tempore: The Chair has the discretion to close the vote when all Members have voted.
Mr. Sessions: Further parliamentary inquiry, Mr. Speaker. Recognizing the circumstances that we are under, can you please advise me how much longer you will hold the vote open for Members?
The Speaker pro tempore: The Chair will use his discretion to provide for Members who have not voted or who would like to change their vote when in the Chair's discretion every Member has voted who wants to vote. The Chair will then tally the votes and announce the vote.
Mr. Dreier: Mr. Speaker, parliamentary inquiry.
The Speaker pro tempore: The gentleman from California is recognized.
Mr. Dreier: Mr. Speaker, I'd like to propound a parliamentary inquiry. I'd like to inquire of the Chair, by what means will the Chair know what the totals are on the vote that we're engaged in at this moment?
The Speaker pro tempore: The Chair will use the standard method of verification.
Mr. Dreier: Further parliamentary inquiry, Mr. Speaker.
The Speaker pro tempore: The gentleman from California is recognized.
Mr. Dreier: What is the traditional method of verification? For me, it is to look at the board up there and see how my State delegation had voted.
Mr. Speaker, I was just asking the Chair to enlighten us as to exactly how it is through this traditional procedure of determining what the vote is that you're going to report to us. I usually look up here on the wall and see how my State delegation is voting, how some of my colleagues are voting. We don't have the ability to do that. I'm just wondering exactly how it is that the Chair will be able to make this announcement to us.
The Speaker pro tempore: Members can verify their votes at any one of the various voting stations. Engineers are working on the problem.
Mr. Hastings of Florida: Parliamentary inquiry, Mr. Speaker. Is it not true, Mr. Speaker, that there are computer terminals on the majority side, the minority side and at the Speaker's desk; and, further, Mr. Speaker, is it not true that the Clerk of the House has the responsibility, when there are engineering problems, to fix the engineering problems?
The Speaker pro tempore: The gentleman is correct and the engineers are working on the problem.
Mr. Kanjorski:. Parliamentary inquiry, Mr. Speaker.
The Speaker pro tempore: Will the gentleman suspend for a moment before being recognized.
The House is voting on a motion to adjourn. Members may verify their votes at any of the various voting stations.
Ms. Foxx: Parliamentary inquiry, Mr. Speaker.
The Speaker pro tempore: The gentlewoman from North Carolina is recognized.
Ms. Foxx: Mr. Speaker, can the Chair tell us how much time has elapsed since you began this voting process?
The Speaker pro tempore: Approximately 20 minutes.
Mr. Sessions: Point of parliamentary inquiry.
The Speaker pro tempore: The gentleman from Texas is recognized.
Mr. Sessions: Mr. Speaker, can you please at this time tell us the vote total?
The Speaker pro tempore: The Chair will not provide the total until every Member has an opportunity to change their vote, or to vote.
The gentleman from Maryland is recognized.
Mr. Hoyer: Mr. Speaker, it's obvious we have a technical problem. I know that comes as a great shock and surprise to you. I've talked to the gentleman who's in charge of fixing mechanical problems. He tells me that we need to take the system down for a period of time in order to fix it. He has said he needs approximately 30 minutes to do that with no votes. We are in the process of a vote.
What the Speaker pro tempore has said, I don't know what the vote is. I don't know whether it's coming up on the computers. I do know in my office there was no time coming up on the computer. So Members do not know how much time they have left.
Mr. Hoyer (during the vote): Mr. Speaker, I ask unanimous consent that we vacate this vote, and as soon as the machine is fixed, that we return to cast this vote and then proceed with the proceedings.
Mr. Dreier: Reserving the right to object, Mr. Speaker.
The Speaker pro tempore: The gentleman from California is recognized.
Mr. Dreier: Mr. Speaker, I reserve the right to object simply to inquire of the distinguished majority leader, does he intend to recess the House for this 30-minute time? I wonder if he might enlighten us as to what the plan would be. I'm happy to yield to my friend.
Mr. Hoyer: For all of us who think that dastardly things are going on, I guess we're all trying to figure out who's doing the dastardly things. In any event, in answer to your question, it would be my intention to rise while the machines are being fixed because we cannot proceed, nor should we proceed, without having Members know how much time they have left to vote.
I want you to be very nice to that gentleman. He represents my daughter and my son-in-law. So be careful and very gentle with him.
Mr. Dreier: Further reserving the right to object, Mr. Speaker, I'd like to inquire further of the majority leader. We're in a very awkward situation here. We don't know what the vote total is at this juncture. The House may have just voted to adjourn so far as we know. So the gentleman has just come to the conclusion that he's going to propose that we recess, or he said rise. We're already in the House. We're not in the Committee of the Whole. I'd be happy to yield to my friend if he would like to respond.
Mr. Hoyer: I'm sorry, I was getting some technical information about where we are. The computer printout----
The Speaker pro tempore: Will the gentleman suspend.
Mr. Dreier: Now I have the word.
The Speaker pro tempore: The gentleman from Maryland.
Mr. Dreier: Continuing to reserve the right to object, Mr. Speaker, and I do so to say that under normal circumstances this would be somewhat entertaining and funny, but this is a very, very serious matter, and the request that has just been made by the gentleman is one which we want to take seriously. We don't know what the outcome of the vote that is being considered at this moment is. Many of us don't know how our colleagues are recorded, and I will tell you this is a very, very difficult time for this institution. And I'm happy to yield to my friend if he would like to respond to the challenging circumstance that we find ourselves in.
Mr. Hoyer: I understand the gentleman's proposition.
Mr. Dreier: I am happy to further yield to my friend.
Mr. Hoyer: I have been handed a printout. Now, I don't know where the printout comes from, so I am not going to read it, other than I can tell you that I don't know whether you have it on your computer.
May I ask the gentleman whether the computer over there has the totals?
The Speaker pro tempore: The Clerks are still tallying votes.
Mr. Dreier: Mr. Speaker, parliamentary inquiry, you said the Clerk is still in the process of tallying the votes?
The Speaker pro tempore: Some of the ballot cards cast in the well are still being counted. The cards that have been submitted are still being counted.
Mr. Dreier: Mr. Speaker, how long has this vote been open?
I am happy to yield to the distinguished majority leader.
Mr. Hoyer: I asked the gentleman a question because I think it is pertinent to whether or not the computers to which the Speaker has referred are working throughout the floor.
Mr. Dreier: Mr. Speaker, as I prepare to yield to the majority leader, I would like to inquire, is the vote still open? If Members want to change their votes now, they can continue to do that? If a Member were to walk into the Chamber now, they could still vote?
The Speaker pro tempore: The gentleman is correct. The vote is still open.
Mr. Dreier: I am happy to further yield to the distinguished majority leader.
Mr. Hoyer: My question to him is, because I don't know because I am not over there, whether or not your computer, where you are standing, is reflecting for you a vote total.
Mr. Dreier: If I could reclaim my time under parliamentary procedure.
The answer to that is we don't know.
Mr. Licoln Davis: Parliamentary inquiry, Mr. Speaker.
The Speaker pro tempore: The gentleman will suspend.
Mr. Dreier: Mr. Speaker, might I continue my parliamentary inquiry?
The Speaker pro tempore: The gentleman from California is recognized.
Mr. Dreier: Mr. Speaker, further parliamentary inquiry, in response to the question from the distinguished majority leader, I will say that we have no way of verifying what it is that is coming out of this computer here.
It is not operating the way it normally does. If Members are able to still vote, we can see this screen here, but it is not operating. I don't normally operate this thing, but our crack team here has told me that it is not operating the way that it normally does.
I am happy to respond to any further questions.
Mr. Hoyer: Under those circumstances, under those circumstances, the reason I made the offer to vacate, the request for the unanimous consent to vacate, is because you can't verify it, and I have a list here in front of me. It may or may not be accurate.
The machines are obviously not functioning as we would want them to do, so my suggestion is the way to fix that is to vacate the vote. The machines have to be taken down.
Mr. Dreier: I yield to my friend from Dallas.
Mr. Sessions: Mr. Speaker, in response to the majority leader, I would go to the rules of the House. I would quote them on page 32 of the rules of the House: When the electronic voting system is inoperable, or is not used, and I believe it is at this time inoperable and has been for the past 40 minutes or so, the Speaker or the chairman may direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4.
I wonder why the gentleman would not suggest we follow the rules of the House.
Mr. Hoyer: Would the gentleman yield?
Mr. Dreier: Further reserving the right to object, I am happy to yield to the distinguished majority leader.
Mr. Hoyer: The gentleman read the rule correctly. It said "may." The simpler way to do it and the confidence-building way to do that seems to me, because we want to use these machines, is to allow the technicians the opportunity to fix the machines. That is our desire.
Now, we understand that if you don't want to proceed with the business of the House, either the DOD appropriation bill, the FISA bill or the bill trying to give emergency relief to those in Minneapolis, the bridge, we may not want to proceed.
Mr. Dreier: Mr. Speaker, if I could reclaim my time under my reservation, reserving the right to object, I do want to say that we are very committed to ensuring that we get the resources necessary to those who have been victimized in Minnesota. That's a very high priority.
Mr. Hastings of Florida: Mr. Speaker, I object. The gentleman is not stating a parliamentary inquiry.
Mr. Dreier: Mr. Speaker, I reserve the right to object.
Mr. Hoyer: Ladies and gentlemen, if the gentleman will yield, we need to calm down. We have a heavy responsibility. We have great differences. I understand that everybody's sensibilities are taut. I predicted that last Tuesday, that that would be the case. I regret it.
I regret what happened last night which has generated this. But we do have business to do. All I am saying is I don't want to have a question about this vote, because we cannot assure ourselves, as the gentleman said, that the list I have in front of me or the screen that you have projected to you is projecting the accurate information.
Therefore, I suggest, given that, that we give the technicians an opportunity to facilitate fixing it. I think that's a reasonable request.
I would hope that everybody in the House would think it's a reasonable request.
Mr. Dreier: Mr. Speaker, continuing to reserve the right to object, I yield to my friend from Dallas.
Mr. Sessions: Mr. Speaker, I would like to make sure the majority leader understands that, for the last months, this majority that is on this side of the aisle has routinely asked and spoken with the majority about the way we would like to see things happen.
Regularly, we are told that it will be done the way you choose to do it. You are attempting now to make a decision about what you would like to do.
Mr. Hoyer: I am trying to make a decision collegially with 435 by unanimous consent.
Mr. Sessions: It is our request to the majority leader that we follow the rules of the House at this time, and this minority is making that request at this time.
The Speaker pro tempore: The Chair reminds Members the voting is still open. Members may verify their votes at any one of the voting stations.
Have all Members voted? Does any Member wish to change their vote?
Mr. Dreier: Mr. Speaker, continuing to reserve the right to object, I know we have a unanimous consent pending from the distinguished majority leader.
Under my reservation, I would be happy to further yield to the majority leader.
Mr. Hoyer: In either event, whether we shut the machine down now and allow them time to fix this by rising or going to the suggestion of the gentleman from Texas as to the rules, in either event you have to vacate this vote.
Frankly, the Speaker can call this vote. I presume, I don't know, because I haven't asked, that the result I have in front of me is the same the Speaker has.
I have no problem with doing that vote, frankly. But I think it would raise in the minds of every Member here, is that the accurate count? I think in light of that, I would prefer not to do that. So I am trying to accommodate the confidence of the Members by vacating this vote.
Mr. Dreier: If I could reclaim my time under my reservation, I would simply ask the majority leader, since we have been talking about DOD, FISA, the tragedy in Minnesota and a wide range of things since the gentleman propounded his unanimous consent request, I wonder if he might repeat it again so that Members might hear what that request consists of.
Mr. Hoyer: In consultation with the technical people that we have, who are responsible for ensuring the proper operations of our computer system, which advises all of us on time and computes the votes, that they have to take the system down for approximately a half an hour, maybe slightly longer, for the purpose of fixing the machine. I think the machine needs to be fixed.
So in order to accommodate that objective, I am suggesting that we vacate this vote, allow them to do that, come back and then revote this particular vote and then move on to wherever we are going to move on.
Mr. Dreier: Mr. Speaker, continuing to reserve the right to object, I would ask my friend if, in fact, if, in fact, we were to proceed with vacating this vote, taking this 30-minute period of time, if we reconvene after that, may I ask the distinguished majority leader, in what order and what is it that we will be considering? Will we be considering the FISA issue, or will we be considering the issue that we are all very committed to, and that is ensuring that the bridge in the Twin Cities is addressed?
I see Mrs. Bachmann here. I know there are other Members of the delegation who want to do that. I just would like to inquire of the majority leader how we would proceed.
Mr. Hoyer: I will tell my friend, my first order of business, as I propounded in my unanimous consent request, will be this vote. This is the matter of business before the House, the motion to adjourn.
We cannot resolve it with, I think, the full confidence of the Members. So that would be the first order of the business. We will then proceed with the business as we had been doing.
The Speaker pro tempore: The Chair would remind the gentleman from California that there is still debate to be continued on the rule.
Mr. Dreier: Yes, I am aware of that.
Continuing to reserve the right to object, I would like to ask the majority leader, assuming we do reconvene and assuming that the House does not adjourn, what does he anticipate the schedule would be? Are we going to address the priority of assuring that the resources get to the State of Minnesota? Or are we going to move directly to the FISA issue? In what order will we be considering these issues, Mr. Leader?
Mr. Hoyer: We are going to consider both of those matters.
Mr. Dreier: May I ask in what order we would be addressing those?
Mr. Hoyer: The order we will consider those is we will consider Minnesota first. We believe that is the least contentious of the items, and we think, therefore, it would be good to get the least contentious item out of the way first.
Everybody in this body has great empathy for the State of Minnesota, but, more particularly, the people who lost their lives in that tragic collapse of the bridge. We will go to that first.
Of course, we have the rules to complete, but we will then, in terms of business, go to FISA, as we have expressed.
Mr. Dreier: Mr. Speaker, I will not object. I withdraw my reservation.
Mr. Hoyer: I thank the gentleman.
The Speaker pro tempore: Is there objection to the request of the gentleman from Maryland?
Mr. Barton of Texas: Mr. Speaker, reserving the right to object, I just want to offer a suggestion. There is a number on the computer on the minority side, and there is a number on the computer on the majority side. Why don't we compare numbers? If they are the same, accept the vote. We know that we are going to get beat. Let's accept this vote.
Mr. Hoyer: Mr. Barton, I have been waiting at least 15 minutes for you to be here.
Mr. Barton of Texas: I would recommend that our distinguished minority leader show our number to the majority leader's number, and if they are the same, accept it as this vote. That's my suggestion. I think we could at least expedite this one vote.
I yield to my distinguished minority leader (Mr. Boehner).
Mr. Boehner: I thank my colleague for yielding.
There is a motion that has been made by the majority leader to vacate the vote. I think we should proceed with a unanimous consent and recess to fix the machine and come back and vote when the machine is ready for us to vote.
The Speaker pro tempore: Without objection, the vote is vacated.
There was no objection.
The Speaker pro tempore: Without objection, the pending motion to adjourn is considered withdrawn without prejudice.
There was no objection.
