mr. tierney. >> thank you, as you know the vall patrick was invited today to testify. i would submit his written testimony be allowed into the record. >> without objection. >> thank you very much. governor snyder in particular, i note in governor patrick's written testimony here he's quite proud of the fact massachusetts made certain gains as you are with the state of michigan. he made a quote growth comes from investment, not cuts, government must do its part to help people and businesses help themselves. he goes on to talk about massachusetts was 47th in job creation in 2006. now even during the last couple years of recession has gone to fifth on that. he's proud thatoverall achievement in both math and science and that we lead the nation in massachusetts in health care coverage, having covered over 98% of our people on that basis. that he's closed his budget gap, eliminated a structural problems on deficit on that and has a higher bond rating than they've ever had in massachusetts on their own. he talks about adding 45,600 private sector jobs in massachusetts. and t

mr. tierney. >> mr. chairman as you chino governor deval patrick of massachusetts was invited to testify that was an adult i get i would ask enhancements and that is written testimony be allowed on the record. >> governor snyder in particular i noted governor patrick's written testimony. he has a quote in there that -- comes from investment in octets in the government must do its part to help businesses help themselves and he goes on to talk about massachusetts, 47 the job creation 2006 and now even during the last couple of years the recession has gone to whiff on that. he is proud that students lead the nation overall achievement in both math and science and really the nation in massachusetts and health care coverage covering over 98% of the people on that basis, eliminated a structural problem on deficit and has a higher bond rating than they ever had in massachusetts on there and. adding 45,600 private-sector jobs in massachusetts and an employment rate dropped to 6.8% alone what he says is his strat

mr. tierney: i am. the speaker pro tempore: the gentleman qualifies. the clerk: mr. tierney of massachusetts moves to recommit the bill h.r. 3578 to the committee on the budget with instructions to report the same back to the house forthwith with the following amendment. in section 257-c of the balanced budget and emergency deficit control act of 1985 as added by section 2 strike budgetary and insert except as provided in paragraph 3, budgetary, in paragraph 1 and after paragraph 2 add the following new paragraph. three, maintaining current funding levels and real inflation adjusted terms for programs and education programs for students. health and all discretionary spending that provide benefits for seniors. job, health, and all investigationary spending that provide benefits for veterans. and health research including n.i.h. and research to cure cancer. the discretionary portions of budget functions 500 education, training, employment, and social services. 550, health, 57 o 0, medicare. 600, income security. 650, social security. and 700, veterans benefits and servi

mr. tierney. >> thank you, mr. chairman. mr. attorney general, and tells me if you will on this for a second. this committee's obligation is to the family of indices, to the other law-enforcement officers involved, citizens in this country. and this committee is charged with first figure out what happened and then once we determine that, making sure we can work and practices will never happens again in a situation like this. both members, both parties, and our staff did a great deal for a determine the facts and i think the ranking member has gone on a great deal about the number of interviews that, doctors have reviewed, with honor and also laid out a number of actions that were recommended for the future. and i know that you've taken some action and and the atf directors set out some actions as well. so at this stage it seems to me we have a couple of alternatives but we can further explore have a program of gunwalking began back in 2006, and repeated itself in 2007, repeated itself again 2008 in 2009, repeated itself again in

mr. tierney. >> mr. chairman as you chino governor deval patrick of massachusetts was invited to testify that was an adult i get i would ask enhancements and that is written testimony be allowed on the record. >> governor snyder in particular i noted governor patrick's written testimony. he has a quote in there that -- comes from investment in octets in the government must do its part to help businesses help themselves and he goes on to talk about massachusetts, 47 the job creation 2006 and now even during the last couple of years the recession has gone to whiff on that. he is proud that students lead the nation overall achievement in both math and science and really the nation in massachusetts and health care coverage covering over 98% of the people on that basis, eliminated a structural problem on deficit and has a higher bond rating than they ever had in massachusetts on there and. adding 45,600 private-sector jobs in massachusetts and an employment rate dropped to 6.8% alone what he says is his strat

mr. tierney. >> whimp all of you. i think that we've gone over the constitutional aspects of the constitution and i think it's been a lightning at least for me and my colleagues as of on that. i thought i would take a different look about and steadily from the constitutional issue directly to the ambassador, you obviously look at this from both sides given your recess appointment on that basis and also your white house counsel position. back in march of 2005 there was an article in the line that reported a statement from you and i will quote i believe the use of the senate cloture rule to block the nominations conflict with the constitution advice and consent clause. do you remember making the statement? .. i take the point that of course people had gone to forms that, but it was rejected by filibuster. it was rejected and the opinion doesn't say that recess is appropriate to deal with the filibuster issue. i don't think the filibuster appears anywhere in the council opinion. to the recess is not rejection. and there