Providing for Consideration of H.R. 161, Natural Gas Pipeline Permitting Reform Act, And Providing for Consideration of H.R. 36, Pain-Capable Unborn Child Protection Act

Floor Speech

Date: Jan. 21, 2015
Location: Washington, DC

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Mr. McGOVERN. Mr. Speaker, I want to thank the gentlewoman from North Carolina for yielding me the customary 30 minutes, and I yield myself such time as I may consume.

Mr. Speaker, while I have great respect for the gentlewoman from North Carolina, I don't have a lot of respect for this process. I would like to begin today by saying a word or two about the process being used by the Republicans here on the floor--actually, three words: ``It stinks. Again.''

We are all very happy--delighted even--to hear our Republican friends say that they wanted to make this Congress into a place where we could work together, but actions speak louder than words, and here are some of their actions: five closed rules.

Until yesterday, 100 percent of our Rules Committee meetings have been called so-called emergency meetings, and 100 percent of the bills the committee has sent to the floor have drawn a veto threat, and once again, the Republicans are using one rule for multiple bills. This is a disturbing pattern that is quickly becoming a bad habit.

The Republican leadership apparently isn't content to exclude Democrats from offering substantive, germane, and thoughtful amendments. They are also shutting down the debate itself.

Mr. Speaker, this Congress is only a few weeks old. We have 23 months left to go. Are the Republicans really saying that we can't find an extra hour for debate during the next 23 months? Of course we can. They just prefer not to. It is unfair, it is undemocratic, it is unnecessary, and it needs to stop.

Now, as to the bill that is before us today, last night, as we all know, President Obama laid out a bold, clear, and exciting agenda to spur economic growth and ensure that prosperity is shared by all Americans, not just the wealthy few and special interests. I thought it was a terrific speech.

Apparently, my Republican friends weren't paying very close attention. I know they were there in this Chamber because I saw many of them. The Speaker himself was sitting right behind the President. Maybe they were sending each other cat videos or taking selfies because the President made it very clear that if Congress sends him bills that move us backward, he will veto them, and both of these bills deserve his veto.

The first, H.R. 161, is a solution in search of a problem. It is as simple as that. The bill would automatically approve natural gas pipeline projects if FERC or other Federal agencies do not act on required permits or certificates within a rigid, unworkable timeframe.

A GAO report concluded that FERC's pipeline permitting process is predictable and consistent, with 91 percent of pipeline applications receiving a decision within 12 months. During committee testimony last Congress, even industry representatives agreed that the current permitting process is ``generally very good.'' It is not every day that regulators and industry agree that the current system works.

So why would we move forward on a bill that disrupts a system that works is beyond me. In fact, this bill makes it more likely that FERC will deny more projects just to comply with the severe timeline.

In Massachusetts, we are dealing with the proposed Tennessee Gas pipeline which would run through parts of my district and would cut through a number of environmentally sensitive lands, including Northfield State Forest and the Montague aquifer and management area.

Yesterday, in the Rules Committee, I offered an amendment with my good friend Congresswoman Niki Tsongas, whose district would also be affected by the proposed pipeline, to keep the existing review process in place for proposed pipelines that cross Federal, State, or local conservation or recreation lands because, if we have already invested Federal and State money into identifying these lands as environmentally sensitive, it doesn't make any sense to expedite the approval of a pipeline that could bulldoze right through them.

It is worth a debate. Unfortunately, Republicans on the Rules Committee voted down this commonsense amendment in a party-line vote.

As the gentlewoman from North Carolina pointed out, both of these rules are completely closed. Even though they did not go through regular order, even though there were no hearings in this Congress or no markup, nobody--no Democrat, no Republican--can offer an amendment.

Then there is H.R. 36. This is just the latest Republican assault on women's reproductive rights. It is their latest attempt to put politicians in the middle of the private medical decisions of women. It is blatantly unconstitutional, and it fails to take into consideration the fact that some pregnancies can have catastrophic, heartbreaking complications, even after 20 weeks.

To make matters worse, this legislation lacks a reasonable exception for victims of rape and incest by requiring victims to report cases of rape and incest to law enforcement in order to have access to an abortion, this despite the fact that research shows that the majority of sexual assaults are unreported, and on top of that, the exception on incest is only for minors.

Mr. Speaker, what really bothers me about bills like this is that the same people who vote for them routinely vote to cut the WIC program, to cut Head Start and childcare programs and SNAP and school lunch programs, and elementary and secondary education funding. This hypocrisy is breathtaking.

Mr. Speaker, leading medical groups agree that doctors, in consultation with women and their families, should make medical decisions, not the politicians.

Mr. Speaker, the American people deserve better. They deserve a better process, and they deserve better legislation. We certainly have a lot to do to help get this country to continue on the road to prosperity, to make sure that everybody can share in this economy's growth.

I urge my colleagues: let's focus on those issues, let's come together and do something for the American people, and enough of these message bills.

I urge my colleagues to vote ``no'' on this rule, and I reserve the balance of my time.

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Mr. McGOVERN. Mr. Speaker, before I yield to the ranking member of the Rules Committee, I yield myself such time as I may consume as I want to respond to this issue about process.

When Speaker Boehner became the Speaker of this House, in his opening speech, one of the things he said was:

You will always have the right to a robust debate and an open process that allows you to represent your constituents--to make your case, to offer alternatives, and to be heard.

Clearly, we have not been granted that in any way, shape, or form.

While the gentlewoman may point to the sins of the past of Democratic majorities, nothing compares to what the Republicans did in the last Congress. The Republicans presided over the most closed Congress in the history of the United States of America.

I mean, you made history, and that is not something to be proud of.

When my friends talk about openness and transparency and about the desire to allow this to be a deliberative place where people of varying viewpoints can have a forum to debate, it is not reflective of reality. We are beginning this Congress just as my colleagues conducted the last Congress--in the most closed way possible. I regret that very much, especially on bills that have not even been through the committee hearing process in this Congress or that have not been marked up.

At this time, I yield 3 minutes to the gentlewoman from New York (Ms. Slaughter), the ranking member of the Rules Committee.

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Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.

Let me just say for the record that facts are facts are facts. There is no denying that the last Republican Congress held the record for the most closed rules in the history of the United States.

Maybe I am misunderstanding the current rule, but to the best of my knowledge, not a single amendment is allowed, notwithstanding that in this Congress there have been no hearings and no markups.

Is it appropriate, Mr. Speaker, for me to ask unanimous consent to amend H.R. 36 and make it an open rule?

The SPEAKER pro tempore. The gentlewoman from North Carolina would have to yield for such a request to be entertained.

Mr. McGOVERN. Will the gentlewoman from North Carolina yield?

Ms. FOXX. I will not yield.

Mr. McGOVERN. So there it is.

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Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.

Sadly, we have seen all too well how money has polluted our politics and is undermining our democracy, so I am going to urge people to vote against the previous question.

If we defeat the previous question, I will offer an amendment to the rule to allow for consideration of a sensible constitutional amendment, H.J. Res. 22, a measure that I have sponsored with my friends, Ted Deutch of Florida, Donna Edwards of Maryland, and John Sarbanes of Maryland, to overturn these decisions and make clear that Congress and States have the authority to regulate and set reasonable limits on the raising and spending of money to influence elections.

To discuss this proposal, I yield 2 minutes to the gentleman from Florida (Mr. Deutch).

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Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.

Let me just recap for my colleagues here. First of all, vote ``no'' on this rule. This continues a trend that has nothing but contempt for regular order. These bills had no hearings in this Congress. There was no markup, and now, they are brought to the floor with no amendments--two closed rules.

Notwithstanding the pledge of the Speaker for a more open and transparent process, people who have other ideas on ways to improve or change these bills are denied that opportunity.

I would say, with all due respect to my colleague from North Carolina, we can't use the excuse that we have got to keep the government running. We are in the beginning of the session. We are not doing much of anything. Clearly, the bills that we are debating in their current form are going to be vetoed anyway.

Secondly, I would urge my colleagues to vote ``no'' on the rule because of the bills that are being brought up: this bill that is clearly an attack on women's health and reproductive rights,which does not belong on this floor; and the other bill is a bill that basically allows there to be a process for pipelines to be approved without necessarily going through all the proper oversight.

And I am going to urge Members to vote against the previous question so we can bring up this bill that I talked about earlier on campaign finance reform.

Look, the legislative agenda in this Congress is about rewarding the highest donors. I think to any objective observer, when you see what is coming on the floor, including this pipeline bill which is not in the interest of the American people, we are not out there trying to protect their safety and well-being. It is a big kiss to the energy industry. And I would argue that the reason why bills like that--or some of the tax bills that are brought to this floor that reward big corporations and the wealthiest individuals--are brought to the floor is because those people who represent those wealthy interests have the most sway in this Congress. They are the biggest donors to political parties. They are the biggest donors to Members of Congress.

And while that is happening every day here, average people who can't contribute tens of thousands of dollars to political parties, who can't contribute millions of dollars, are increasingly becoming marginalized. The issues that matter most to working people, those struggling in the working class, those struggling to get into the middle class, we don't even get a chance to debate those issues on the House floor.

I will say to my Republican friends: I have had many conversations with you over the years about how you hate raising money as much as I hate raising money. Too much of our attention in this Congress, whether you are a Democrat or a Republican, is about raising money for the next election, and it is getting worse and worse every election cycle. It is time to do something about that. It is time to give Congress the authority to regulate or put a cap on how much campaigns cost. I mean, we are going to spend billions of dollars in the next Presidential election. It is obscene. With all the problems that we have in this country, we ought to be spending more time debating those problems and not worrying about raising money.

So, Mr. Speaker, I urge my colleagues to vote ``no'' on the previous question so that we can bring up this commonsense campaign finance proposal, and I also urge a ``no'' vote on the rule.

Mr. Speaker, I yield back the balance of my time.

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