5:51 PM EDT

Rodney Frelinghuysen, R-NJ 11th

Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the gentleman's amendment.

The Acting CHAIR. A point of order is reserved.

Pursuant to the order of the House of today, the gentleman from California (Mr. Rohrabacher) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from California.

5:51 PM EDT

Jeff Landry, R-LA 3rd

Mr. LANDRY. Mr. Chairman, my amendment is simple. It prevents the misuse of recess appointments while preserving the Founders' intent by allowing the President to quickly make emergency recess appointments if the need arises.

I know this may surprise many Members, but current law actually prohibits the salaries of recess appointees, which was a law passed in 1863 that stayed on the books until 1940. It prohibited those who received recess appointments from being paid. Then some exceptions were made, and those exceptions basically took the intent of the law out. So these exceptions, these loopholes, are so broad that they make the prohibition against recess appointments useless, but the administration can always find

a way to make these recess appointments.

I reserve the balance of my time.

5:52 PM EDT

Pete Visclosky, D-IN 1st

Mr. VISCLOSKY. These are legal appointments made by the President of the United States--by this President, the last President, the President before that, the President back to George Washington. It is the administration's priority to make these appointments.

While each of us, or collectively, disagree with some of the individuals put into particular positions, until we change the law, the House should not pick and choose the staff for the executive branch any more than it should be picking ours.

If the gentleman wants a say in the President's hires and appointments, I suggest he work to change the Constitution. Article II, section 2 gives the Senate say over Presidential appointments and gives the President power to make recess appointments.

I urge my colleagues to vote ``no'' on the amendment.

I reserve the balance of my time.

5:53 PM EDT

Jeff Landry, R-LA 3rd

Mr. LANDRY. I don't argue the legality of the President's recess appointments.

I am doing what many Congresses have done prior, all the way since 1860, when they realized that this was a problem when Presidents and administrations tried to bypass the will of the people. I am using the power of this House, which is the power of the purse, to make sure that, when the President makes recess appointments--look, this isn't the 1800s anymore. Congress is not out for months and months at a time. If the President needs to make an appointment in an emergency, he certainly has the

time, and he will be able to take that recess appointment and put it before the Senate. I am simply saying, until that recess appointee is confirmed by the Senate, he or she shall not receive any pay.

My friends across the aisle have spent most of the past month talking about closing loopholes, so I hope they will join me in protecting the taxpayers by closing the loophole in the law that currently exists. Let's bring the law back to the intent of it, which is to prohibit recess appointees from receiving salaries until the appointees are confirmed. I urge my colleagues to vote for this amendment.

I yield back the balance of my time.

5:54 PM EDT

Jeff Landry, R-LA 3rd

Mr. LANDRY. I don't argue the legality of the President's recess appointments.

I am doing what many Congresses have done prior, all the way since 1860, when they realized that this was a problem when Presidents and administrations tried to bypass the will of the people. I am using the power of this House, which is the power of the purse, to make sure that, when the President makes recess appointments--look, this isn't the 1800s anymore. Congress is not out for months and months at a time. If the President needs to make an appointment in an emergency, he certainly has the

time, and he will be able to take that recess appointment and put it before the Senate. I am simply saying, until that recess appointee is confirmed by the Senate, he or she shall not receive any pay.

My friends across the aisle have spent most of the past month talking about closing loopholes, so I hope they will join me in protecting the taxpayers by closing the loophole in the law that currently exists. Let's bring the law back to the intent of it, which is to prohibit recess appointees from receiving salaries until the appointees are confirmed. I urge my colleagues to vote for this amendment.

I yield back the balance of my time.

5:54 PM EDT

Pete Visclosky, D-IN 1st

Mr. VISCLOSKY. Mr. Chairman, this is a constitutional issue, and we have no business in it. I would urge my colleagues to vote against the gentleman's amendment.

I yield back the balance of my time.

The Acting CHAIR. The question is on the amendment offered by the gentleman from Louisiana (Mr. Landry).

The question was taken; and the Acting Chair announced that the noes appeared to have it.

5:55 PM EDT

Jeff Landry, R-LA 3rd

Mr. LANDRY. Mr. Chairman, I demand a recorded vote.

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Louisiana will be postponed.

AMENDMENT OFFERED BY MRS.

BLACKBURN