Providing for Consideration of H.R. 2017, Department of Homeland Security Appropriations Act, 2012

Floor Speech

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Mr. POLIS. I yield myself such time as I may consume.

Mr. Speaker, not only does this rule before the House drastically shortchange Homeland Security priorities, but this rule puts into force by deeming and passing the Republican budget resolution.

This rule, section 2, states very clearly that the Republican budget resolution shall have force and effect. That is the traditional language of a deem and pass. Yes, this budget deems passed the elimination of Medicare in order to keep in place tax cuts for the highest earners and tax breaks for oil.

And while I do thank the majority for offering up the first open rule during my tenure in the House, I ask at what price. Well, I think there would be broad bipartisan support for an open rule. I, for one, cannot support a rule that deems passed the elimination of Medicare. Americans resoundingly opposed the approach of dismantling Medicare. They want us to put our economy on more secure fiscal footing and do it while strengthening our economy, creating jobs and mending, not ending, Medicare.

I would like to quote former Minority Leader John Boehner in reference to the approach of ``deem and pass'' that was considered by the then-majority Democrats with regard to the health care bill. Then-Minority Leader Boehner said, ``This legislative trick has been around for a long time, but it's never been used for a bill so controversial and so massive in scope.''

Mr. DREIER. Will the gentleman yield?

Mr. POLIS. I will not yield.

What could be more massive than an elimination of Medicare contained in a rule rather than approach a simple vote on appropriations with regard to Medicare, cutting Medicare, bills with regard to Medicare reform?

This is the most sweeping rule that I've certainly ever faced in my time in the House of Representatives, and I think many of my colleagues agree.

The passage of this rule alone would simply end Medicare as we know it by construing in the deem and pass of the bill itself the operative language. And let me explain how this works for some of our colleagues.

Rules have broad authority. And I know the chairman of the Rules Committee, Mr. Dreier, will on his own time be able to talk of it. The Rules Committee, by the good graces of the House with our rules passing the House, has the ability to accomplish whatever the House allows us to through a rule.

So in this rule, the House will deem under section 2 that the Ryan budget, the budget that ends Medicare, the Republican budget, shall have force and effect until a conference report passes and that will likely not occur unless the Republicans alter their negotiating position vis-a 2-vis the Senate and vis-a 2-vis the President.

I strongly urge a ``no'' vote on eliminating Medicare contained in section 2 of this rule.

I reserve the balance of my time.

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Mr. POLIS. I yield myself 30 seconds.

Of course while the underlying merits of the Department of Homeland Security appropriations bill are critical, and if the rule passes they'll be debated under the underlying rule, eliminating Medicare as we know it is even more important to the American people. Hence the discussion under this rule as well.

I should point out that while this is an open rule, again as a member of the minority I'm deeply appreciative for the chance to amend the provisions of the Department of Homeland Security bill. If this rule passes, it will be too late to save Medicare under the bill. The very passage of this rule itself will deem passed the budget that contains the elimination of Medicare.

Mr. Speaker, I yield 2 minutes to the gentleman from Michigan, the ranking member of the Ways and Means Committee, Mr. Levin.

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Mr. POLIS. Mr. Speaker, again, while the majority is claiming this to be an open rule, the very passage of the rule itself deems passed the Republican budget that ends Medicare. That will not be amendable in any way, shape, or form in the general debate. All that will be amendable are provisions relating to the Department of Homeland Security.

I yield 2 minutes to the gentleman from Maryland, the ranking member of the Budget Committee, Mr. Van Hollen.

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Mr. POLIS. The Democrats have no problem with the open rule. What the Democrats have a problem with is the elimination of Medicare, which is deemed and passed in the language of the rule itself and cannot be amended after the passage of the rule.

It is my honor to yield 1 minute to the gentlewoman from California, the Democratic leader, Ms. Pelosi.

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Mr. POLIS. Mr. Speaker, if this rule passes, an amendment will not be in order to restore Medicare under the bill. Again, while this claims to be an open rule--and it is for purposes of Department of Homeland Security amendments--it cannot be amended to undo the budget that is deemed passed in the rule, itself.

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Mr. POLIS. The gentleman mentioned the open rule. The open rule itself is largely noncontroversial with strong support from both sides of the aisle.

What is contained in this rule is the broadest sweeping policy change in recent history, namely, the elimination of Medicare. That is the controversial element of this rule, which is deemed and passed by the rule itself.

With that, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews).

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Mr. POLIS. Again, I have to disagree with my friend from New York. I have never seen in my 3 years on the Rules Committee such a broad and sweeping deem-and-pass under a rule. Section 2 of the rule clearly states that the House Concurrent Resolution 34 shall have force and effect. Again ``force and effect,'' the traditional language of something that is deemed and passed under a rule. The mere passage of this rule will deem and pass the end of Medicare as we know it as contained in House Concurrent Resolution 34, the Republican budget.

I yield 1 1/2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

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Mr. POLIS. Thank you, Mr. Speaker.

In addition to moving forward the Homeland Security bill under an open rule--which would have strong bipartisan support, and I praise my colleagues on the Rules Committee and hope that this is the first of many open rules. In addition to moving forward the Homeland Security bill under the rule, this rule includes language ``deeming'' the Ryan budget passed. That's right. We're voting once again on the same plan that the American people resoundingly rejected in last week's special election in New York.

If this rule passes, the Ryan budget, which ends Medicare, will become the final, enforceable budget on the House side until a conference report is adopted, which is unlikely to happen in this Congress, especially if the House Republicans continue to insist on the end of Medicare as a condition of passing a final budget. A ``yes'' vote on this rule is a ``yes'' vote on the Ryan plan and a ``yes'' vote to eliminate Medicare.

Now, this is the sixth time in 36 years that the House and Senate will fail to adopt a budget, and the House has used deeming resolutions in the past. However, never has a deeming resolution been used for such a tremendous policy change, namely, the elimination of Medicare.

As then-Minority Leader John Boehner said, ``This legislative trick has been around for a long time, but it's never been used for a bill so controversial and so massive in scope.''

Now that, Mr. Speaker, was in reference to the Democratic efforts last session to pass the Affordable Care Act. The deem and pass was not used at the end of the day to pass that bill; yet here we are in the 112th Congress with the Republicans seeking to use it to end Medicare. And, yes, no bones about it, we are talking about ending Medicare.

According to the Congressional Budget Office, and our bipartisan study group has confirmed, a typical beneficiary would spend more for health care under the proposal than under the Congressional Budget Office's long-term scenarios. Second, the government's contribution would grow more slowly than health care costs, leaving more for beneficiaries to pay.

Yes, Mr. Speaker, we are talking about the elimination of Medicare under this rule. Not even under a bill with debate on both sides. Not even amendable. A rule is not amendable. Although this rule provides for debate of the Homeland Security bill, which will be fair and allow amendments to be put forth by both parties under it, the rule itself, Mr. Speaker, is not amendable. It's immutable, unchangeable, and, if passed by this body of the House of Representatives, will deem a budget passed that eliminates Medicare for the American people.

I urge a ``no'' vote on the rule, and I also will be opposing the underlying bill.

I yield back the balance of my time.

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