[Congressional Record Volume 161, Number 10 (Wednesday, January 21, 2015)]
[House]
[Pages H443-H453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
Ms. FOXX. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 38 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 38
Resolved, That upon adoption of this resolution it shall be
in order to consider in the House the bill (H.R. 161) to
provide for the timely consideration of all licenses,
permits, and approvals required under Federal law with
respect to the siting, construction, expansion, or operation
of any natural gas pipeline projects. All points of order
against consideration of the bill are waived. The bill shall
be considered as read. All points of order against provisions
in the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage without intervening motion except:
(1) one hour of debate equally divided and controlled by the
chair and ranking minority member of the Committee on Energy
and Commerce; and (2) one motion to recommit.
Sec. 2. Upon adoption of this resolution it shall be in
order to consider in the House the bill (H.R. 36) to amend
title 18, United States Code, to protect pain-capable unborn
children, and for other purposes. All points of order against
consideration of the bill are waived. The bill shall be
considered as read. All points of order against provisions in
the bill are waived. The previous question shall be
considered as ordered on the bill and on any amendment
thereto to final passage
[[Page H444]]
without intervening motion except: (1) one hour of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary or their
respective designees; and (2) one motion to recommit.
The SPEAKER pro tempore. The gentlewoman from North Carolina is
recognized for 1 hour.
{time} 1230
Ms. FOXX. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Massachusetts (Mr.
McGovern), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
General Leave
Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
House Resolution 38 provides for a closed rule providing for
consideration of H.R. 36, the Pain-Capable Unborn Child Protection Act,
and a closed rule for consideration of H.R. 161, the Natural Gas
Pipeline Permitting Reform Act.
The rule before us today, Mr. Speaker, provides for consideration of
H.R. 36, the Pain-Capable Unborn Child Protection Act. It is truly
fitting that the House considers this legislation in the shadow of the
42nd anniversary of the Roe v. Wade and Doe v. Bolton decisions that
gave Americans abortion on demand at any stage of pregnancy.
This legislation is a commonsense step in recognizing the truth that
science has made more clear with the passage of time: the unborn child
in the womb is alive and a functioning member of the human family.
Science has shown us that the most fundamental precursors to an
unborn child feeling pain are already in place by 8 weeks in
development. Necessary connections between the brain and spinal cord
are in place and complete by 18 weeks.
The House Judiciary Committee heard testimony by expert physicians
that the earlier premature babies are delivered, the more acutely they
feel pain. It is clear that unborn children at 20 weeks of development
are capable of feeling pain and deserving of protection.
In spite of the 60 percent of Americans who believe we should limit
abortions after 20 weeks of pregnancy, my colleagues on the other side
of the aisle will continue to protest this sensible legislation,
seeking to keep us in the company of only seven other nations that
allow elective abortion after 20 weeks, which includes such well-known
human rights leaders as North Korea, China, and Vietnam.
This vital, lifesaving legislation is not the only important
legislation the House will consider this week. This rule also provides
for consideration of H.R. 161, the Natural Gas Pipeline Permitting
Reform Act.
The Natural Gas Pipeline Permitting Reform Act recognizes the
positive impact America's shale revolution has had on energy prices and
the potential it holds to lower them further. We are in the midst of
another hard winter, and red tape reduction is necessary to ensure we
have the infrastructure needed to ensure low-cost natural gas is able
to reach our coldest States when they need it most without price shocks
or shortages.
H.R. 161 introduces critical reform to ensure prompt consideration of
necessary permitting requests for construction or updates to natural
gas pipelines, providing certainty to energy companies and the
consumers they serve.
The legislation would require the Federal Energy Regulatory
Commission to approve or deny a requested pipeline certificate no later
than 12 months after receiving a complete application that is ready to
be processed and has engaged in the prefiling process.
H.R. 161 also ensures that relevant agencies provide approval or
denial within 90 days of the Federal Energy Regulatory Commission
completing its final environmental document.
Finally, the legislation would put permits into effect,
notwithstanding agencies' failures to provide approval within the time
mandated, with allowances for the addition of conditions consistent
with the final environmental document.
H.R. 161 is the reintroduction of H.R. 1900, which passed this House
on a bipartisan basis in the 113th Congress. H.R. 1900 received
extensive committee consideration, including numerous hearings on the
underlying issues, prompting the legislation, as well as the
subcommittee hearing and subcommittee and full committee markups on the
bill.
Both H.R. 36 and H.R. 161 are truly important legislation that
Americans would be well-served to have considered this week, and I
commend both my bills to my colleagues as deserving of their support.
With that, Mr. Speaker, I reserve the balance of my time.
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
[[Page H445]]
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.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
I need to remind this House that during the Democrats' time in the
majority, there were two rules packages providing consideration of
seven unrelated measures.
In the 110th Congress, their first year in the majority, the rules
package provided for consideration of five measures.
In the 111th Congress, the Democrat majority provided for the
consideration of two separate measures in the rules package.
The Democrat majority went directly to the floor with these bills,
with no committee consideration and without even allowing the Rules
Committee to debate these measures or report an appropriate rule for
consideration.
In the 110th Congress, Ranking Member Slaughter and Democrats on the
Rules Committee reported three additional closed rules, starting the
Congress out with eight closed rules in the opening weeks.
In the 111th Congress, Democrats reported out two additional closed
rules, for a total of four closed rules in the opening weeks of that
Congress.
Unlike our Democrat colleagues, the Speaker and Chairman Sessions had
provided the opportunity to have hearings before the Rules Committee.
It is our goal to return to regular order now that our committees are
organizing, but the false attacks by my colleagues do not stand up to
the light of day when you compare our records.
Mr. Speaker, I yield 4 minutes to the gentleman from New Jersey (Mr.
Smith), one of the preeminent defenders of life in this Congress.
Mr. SMITH of New Jersey. Mr. Speaker, I thank my very good friend for
yielding and thank her for her strong leadership for human rights and
for the unborn.
Mr. Speaker, pain--we all dread it, we avoid it, we even fear it, and
we all go to extraordinary lengths to mitigate its severity and its
duration; yet an entire age group of human beings are, today, subjected
to a deadly, extraordinarily painful procedure, one of which is called
the dismemberment method, the D&E.
The Pain-Capable Unborn Child Protection Act is a modest but
necessary attempt to at least protect babies who are 20 weeks old and
pain capable from having to suffer and die from abortion. Children,
including children with disabilities, Mr. Speaker, deserve better
treatment than pain-filled dismemberment.
One leading expert in the field of fetal pain, Dr. Anand, at the
University of Tennessee, stated in his expert report, commissioned by
the U.S. Department of Justice:
The human fetus possesses the ability to experience pain
from 20 weeks of gestation, if not earlier, and the pain
perceived by a fetus is possibly more intense than that
perceived by term newborns or older children.
{time} 1245
Dr. Colleen Malloy, assistant professor, Division of Neonatology at
Northwestern University, in her testimony before the House Judiciary
Committee, said:
When we speak of infants at 20 weeks postfertilization, we
no longer have to rely on inferences or ultrasound
technology, because such premature patients are kicking,
moving, reacting, and developing right before our eyes in the
neonatal intensive care unit.
In other words, there are children the same age who, in utero, can be
killed by abortion--and painfully--or who have been born and who are
now being given lifesaving assistance. She went on to say:
In today's medical arena, we resuscitate patients at this
age and are able to witness their ex-utero growth.
Dr. Malloy concludes:
I could never imagine subjecting my tiny patients to
horrific procedures such as those that involve limb
detachment or cardiac injection.
Again, that is what the abortionists do.
Surgeons today, Mr. Speaker, are entering the womb to perform life-
enhancing and lifesaving corrective surgeries on unborn children. They
have seen those babies flinch, jerk around, move around, and recoil
from sharp objects and incisions. As they seek to heal, surgeons are
today routinely administering anesthesia to unborn children in the
womb--a best medical practice--to protect them from pain. We now know
that the child ought to be treated as a patient and that there are many
anomalies, sicknesses, and disabilities that could be treated with a
degree of success while the child is still in utero. The child ought to
be seen as a patient. When those interventions are performed, again,
anesthesia is given.
Last June, TIME Magazine's cover story, ``Saving Preemies,'' explored
the preemie revolution and how cutting-edge medicine and dedicated
caregivers are helping the tiniest babies to survive and thrive. TIME
says:
Thanks to advances that had not been made even a few years
ago, the odds of surviving and thriving are improving all the
time.
Abortionists, on the other hand, Mr. Speaker, are in the business of
ensuring that children neither survive nor thrive. Children, including
children with disabilities, deserve better treatment than pain-filled
dismemberment.
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.
[[Page H446]]
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.
Ms. SLAUGHTER. I want to thank my colleague for his great work and
for yielding to me.
Mr. Speaker, today, The Wall Street Journal polled the American
public and found that these are their top three priorities: creating
jobs, defeating ISIS, and reducing the Federal budget deficit.
Mr. Speaker, I insert that piece from The Wall Street Journal into
the Record.
[From The Wall Street Journal]
Poll Finds Agenda Gap Between Leaders, American People
(By Janet Hook)
Republicans are trying to burnish their party's image--and
Congress'--by promising to ``get things done'' now that the
GOP controls both the House and Senate. But a new Wall Street
Journal/NBC News poll shows that the public doesn't care much
about some of the first things the GOP, or President Barack
Obama, is trying to do.
The poll conducted from Jan. 14-17 found that two of the
major issues congressional Republicans and the White House
have identified as candidates for bipartisan action--trade
and simplification of the tax code--didn't even make the top
five issues that people feel need to be addressed urgently.
The poll tried to identify the issues that are most
important to Americans by asking which issues they considered
an ``absolute priority'' for Congress and the president to
act on this year, as opposed to issues that they think could
be delayed.
The list was topped by enduring concerns: job creation,
fighting Islamic militants in Iraq and Syria, reducing the
federal deficit and securing the U.S. border.
But people are virtually yawning at the prospect of
expanding U.S. trade, a priority for an administration trying
to finalize a new free-trade agreement with Asian and Pacific
Rim countries. Only 20% said that was an urgent priority for
this year, 59% said it could be delayed until next year and
16% said it shouldn't be pursued at all.
``It's a reminder that this is for the most part a very
distant economic issue and it's not one that people focus
on,'' said Bill McInturff, a Republican pollster who
conducted the poll with Democrat Fred Yang.
The apathy about trade is bipartisan. Only 22% of
Republicans and 21% of Democrats said it was a top priority.
Simplifying the tax code is also an issue that's not a top-
five policy priority for most Americans, but is treated like
a motherhood issue by politicians of both parties. Just over
half polled said it was an urgent priority--less than the
percentage who wanted to make ``efforts to address Iran's
nuclear program'' a top agenda item.
Even some of the issues Washington lawmakers are fighting
over are matters of only marginal concern to many people.
Republicans have acted quickly on a bill to finish
construction of the Keystone XL pipeline, and Mr. Obama threw
down his first veto threat over it. But nearly four in ten
people polled said they didn't know enough about the issue to
have an opinion.
The survey of policy priorities underscored another trend
that doesn't bode well for bipartisan cooperation: On all but
a handful of issues, such as job creation and infrastructure
repair, the poll found big disparities in the interests of
the two parties. So, while 67% of Democrats identified income
inequality as an urgent priority, only 19% of Republicans
did. U.S. border security was a top priority for 79% of
Republicans but only 43% of Democrats.
It's not surprising, then, that the poll found people were
down on the idea of having divided government. Mr. Obama and
Republicans in Congress may agree on the need to ``get things
done.'' The problem is there isn't a lot of agreement on what
``things'' should get priority.
Ms. SLAUGHTER. Mr. Speaker, why am I bringing that up? The offense,
to me, is that there are so many people in Congress who always want to
bring up this issue of eating away at Roe v. Wade. They don't have the
nerve, I think, really, to try to take that away.
Roe v. Wade gave women a choice, and I believe that, if you don't
want to have that choice yourself, don't use it; but what right do
people who do not agree with choice have to make it the law of the
land--to require everybody to live under what they believe is true?
Now, there is not a scintilla of scientific evidence that at 20 weeks
pain is felt. The neural connections are not there to have that happen.
Mr. Speaker, I also want to insert into the Record what scientists--
the executive vice president and others--have said from the American
College of Obstetricians and Gynecologists in that this is not
possible.
January 21, 2015.
Dear Member of the House of Representatives, We, the
undersigned medical and public health organizations, stand in
strong opposition to H.R. 36, the so-called ``Pain-Capable
Unborn Child Protection Act,'' sponsored by Representative
Trent Franks (R-AZ) and Representative Marsha Blackburn (R-
TN). Politicians are not doctors and should not interfere in
personal, medical decisions.
If enacted, H.R. 36 would ban most abortions in the United
States at 20 weeks after fertilization, clearly before
viability. The bill threatens providers with fines and/or
imprisonment for providing professional and compassionate
care, and is intended to intimidate and discourage doctors
from providing abortion care. This bill places health care
providers in an untenable situation--when they are facing a
complex, urgent medical situation, they must think about an
unjust law instead of about how to protect the health and
safety of their patients.
Politicians are not medical experts. H.R. 36 disregards the
health issues and real life situations that women can face in
pregnancy. Every woman faces her own unique circumstances,
challenges, and potential complications. She needs to be able
to make decisions based on her physician's medical advice and
what is right for her and her family.
H.R. 36 would force a doctor to deny an abortion to a woman
who has determined that terminating a pregnancy is the right
decision for her, including women carrying a pregnancy with
severe and lethal anomalies that may not be diagnosed until
after 20 weeks in pregnancy and women with serious medical
conditions brought on or exacerbated by pregnancy. H.R. 36
contains no exception to preserve the health of the woman.
Instead, it includes a vague life endangerment exception
which exposes doctors to the threat of criminal prosecution,
limiting their options for care that is often needed in
complex, urgent medical situations.
Moreover, H.R. 36 would dictate how physicians should care
for their patients based on inaccurate and unscientific
claims. Conclusive research shows that contrary to the
sponsors' claims, the fetus doesn't have the neurological
structures needed to experience pain until significantly
later in pregnancy.
We strongly oppose governmental interference in the
patient-provider relationship and criminalizing provision of
care to women and their families. H.R. 36 jeopardizes the
health of women in the U.S. by limiting access to safe and
legal abortion and replaces personal decision-making by women
and their doctors with political ideology. Our organizations
urge you to oppose passage of H.R. 36.
Sincerely,
American College of Nurse-Midwives,
American Congress of Obstetricians and Gynecologists,
American Medical Students Association,
American Medical Women's Association,
American Nurses Association,
American Society for Reproductive Medicine,
Association of Reproductive Health Professionals,
Medical Students for Choice,
National Abortion Federation,
National Association of Nurse Practitioners in Women's
Health,
National Family Planning and Reproductive Health
Association,
Physicians for Reproductive Health,
Planned Parenthood Federation of America,
Society for Maternal-Fetal Medicine,
Society of Family Planning.
Ms. SLAUGHTER. Mr. Speaker, as a scientist, I have learned that this
Congress does not take scientific facts as facts but that it views them
as, maybe, suggestions. Yet how often it is that we are playing with
people's lives. It is the most personal decision one could ever make,
and it should be made between the woman, her family, or whomever she
wants to consult--her doctor, her priest, her pastor--anybody--but not
the Congress of the United States.
Why do men in blue suits and red ties get to make that decision when
it has nothing to do with scientific or medical facts? It is absolutely
astonishing to me that this continues over and over again; and in the
States that have passed 20-week abortion bills, the bills have always
been overturned with regard to the constitutional question, and this
will be as well.
[[Page H447]]
Time and time again, when asked about it, neurobiology specialists,
obstetricians, and gynecologists the world over have refuted the
scientific and factual premises of this bill, but nobody cares about
that here. I saw a great button that called the people here who are
trying to do this today ``gyneticians.'' A ``gynetician'' is described
as a politician who knows more about women's health than doctors do.
We can go on with this, but what we need to remember is that, last
night, half of the President's speech dealt with people who are
underpaid and who struggle to live in America.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. McGOVERN. I yield the gentlewoman an additional 2 minutes.
Ms. SLAUGHTER. Mr. Speaker, let me get right to the chase here.
Barney Frank, our former colleague, said that many people believe
that life begins at conception and ends at birth.
I want to know how this Congress is going to comply with what the
President asked us last night: Will you give more money for child care?
for daycare? Will you give more money for early education? Will you
make sure that mothers are paid as much as the men they are working
with and that the same jobs pay the same? Will you do something about
paid sick leave? Will you help these children get to college?
Absolutely not. The record has been clear on all of these issues.
There is something really awful when we take up the time to please
the base of some sort out there against all scientific belief and
everything that we know about medicine. I wish this Congress would stop
the folly. We are faced with a lot of serious problems in this country.
Again, as my colleague points out, we have no ability to amend it.
Nobody else can be heard on anything else. It is simply going to be
voted on; the Senate may or may not ever take it up; and the President
will not sign it. It is the same thing that we did over and over in the
last session--kill health care.
Do everything you can. Nothing is going to be signed. No bills will
be made. It is a shame. I have labeled it before as ``legislative
malpractice,'' and that is exactly what is going on with this bill.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Once again, we find ourselves in a position in which we must correct
the record.
Over the last 4 years, Republicans have implemented reforms to make
the U.S. House of Representatives more open and transparent than ever.
Under this GOP majority, Members on both sides of the aisle have been
allowed to offer significantly more amendments--and the House has
operated under far more open rules--than were allowed under the
previous Democrat-controlled House.
The GOP majority allowed nearly 1,500 amendments to be considered on
the House floor in the 113th Congress. Under Speaker Pelosi, the House
did not consider a single bill under an open rule throughout the 111th
Congress. That is the definition of a closed process, Mr. Speaker, and
it is precisely what Speaker Boehner successfully changed to start the
112th Congress and to continue throughout the 113th Congress. Under the
current GOP majority, the House has considered 38 open or modified open
rules.
When you compare the record of the Republican majority and the most
recent Democrat majority, any fair analysis will show that Republicans
are running a more open, transparent House of Representatives that
allows for greater participation by all Members.
The problem throughout the last Congress resided in the Senate and
its failure to act on almost everything passed by the House. When the
Senate did decide to act, then-majority leader, Democrat Harry Reid,
virtually locked down the amendment process on the Senate floor. When
you compare the nearly 1,500 amendments considered on the House floor
with the Senate's record of inaction, a more accurate picture emerges.
Mr. Speaker, I now yield 2 minutes to the gentleman from Maine (Mr.
Poliquin).
Mr. POLIQUIN. Mr. Speaker, I rise in support of the rule and, most
importantly, of the underlying bill, H.R. 161, the Natural Gas Pipeline
Permitting Reform Act. I encourage all of my colleagues, Republicans
and Democrats, to support this important job creation bill.
The great State of Maine is home to the most skilled papermakers in
the world. Even so, last year, mills in Bucksport, Old Town, and
Millinocket closed, laying off 1,000 of our workers. Soon, a fourth
mill, which is in Madison, will temporarily shut down, furloughing
another 215 workers.
For each mill, the high cost of electricity to run its machinery was
a primary reason for closure. Almost half the power plants in New
England burn natural gas to generate electricity. We must allow the
increased production and transportation of natural gas to drive down
the cost of electric power and save our mills, our factories, and save
our jobs.
Today, I am proud to cosponsor this new legislation in order to
expedite the permitting to construct more and larger capacity natural
gas pipelines throughout America. I ask my Republican and Democrat
colleagues to band together in supporting this critically important
jobs bill. It is the fair and the right thing to do.
Hardworking American taxpayers deserve a more effective government
that works together to solve our serious problems. We have the
responsibility and the authority to help our families live better
lives, with fatter paychecks and more financial security. Let's get
this done.
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.
Mr. Speaker, I yield 2 minutes to the gentlewoman from California
(Ms. Lee).
Ms. LEE. I want to thank the ranking member for yielding, for his
leadership, and for really making it clear exactly what we are dealing
with today and why many of us strongly oppose this rule and this bill.
Mr. Speaker, tomorrow is the anniversary of Roe v. Wade. Over 40
years ago, the Supreme Court ruled that a woman could make her own
personal health care decisions without interference from politicians.
Yet here we are again, in 2015, debating this constitutionally
protected right.
H.R. 36 would ban all abortions at 20 weeks, with extremely limited
exceptions. A ban on an abortion after 20 weeks makes it harder for
women who are already facing difficult circumstances. This is so bad.
This is so wrong.
{time} 1300
Every woman has a right to a safe medical procedure. And this
decision, while difficult, is hers to make, not yours and not mine.
This is her decision.
This bill is part of a broader effort to chip away at abortion
access, a right that has already been decided by the Supreme Court and
is the law of the land. Yet Republicans once again are focused on
dictating what women can do with their bodies, denying their rights and
endangering their health.
Mr. Speaker, this radical GOP bill undermines women's constitutional
rights under Roe v. Wade. This is a dangerous assault on women's health
freedoms. Women should not have to justify their personal medical
decisions.
Abortions later in a pregnancy can involve rare, severe fetal
abnormalities or pose serious risks to the health of women, but these
procedures may be medically necessary to save the woman's life.
This is an agonizing decision that a woman should make with her
doctor,
[[Page H448]]
her family, or whomever, but not her congressional Representatives. We
have seen what happens when politicians interfere in these deeply
personal medical decisions and tie doctors' hands.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. McGOVERN. Mr. Speaker, I yield the gentlewoman an additional 30
seconds.
Ms. LEE. Let me just say that the AMA has stated very clearly that
this bill compromises a doctor's ability to provide medical treatment
in the best interest of the patient.
Members of Congress have no right to interfere in health care
decisions of women. This is a private matter. And the last time I
looked, I thought we do have a right to privacy in this country.
So we have got to continue to fight against these attacks on women's
health, on our constitutional rights, and on the right to privacy. I
hope you vote ``no'' on this rule and ``no'' on this bill.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
The gentleman from Massachusetts knows very well that the number of
closed rules last Congress was a procedural effect of Republicans'
efforts to reopen the government. America tires of this debate. Let's
return to real issues with an impact on Americans' lives.
Mr. Speaker, we go to extraordinary lengths in this country to save
the lives of born human beings because we value life so much. However,
there are many who do not hold the unborn in the same esteem, and that
is tragic for the more than 1 million unborn babies who lose their
lives every year. There is nothing more important than protecting
voiceless unborn children and their families from the travesty of
abortion.
Mr. Speaker, I yield 2 minutes to the gentleman from Kansas (Mr.
Huelskamp).
Mr. HUELSKAMP. I thank the gentlewoman from North Carolina for
yielding.
Mr. Speaker, over these next 2 days, you will hear many of my
colleagues rise in support of H.R. 36, as well they should. This bill
protects pain-capable, pre-born children from being subjected to
violent, dismembering abortions, also known as D&E abortions.
One former abortionist, Dr. Anthony Levatino, testified in May 2013
before the House Judiciary Committee and described the procedure by
saying:
A second-trimester D&E abortion is a blind procedure.
Picture yourself reaching in with a Sopher clamp and grasping
anything you can. Once you have grasped something inside,
squeeze on the clamp to set the jaws and pull hard--really
hard.
This is from a former abortionist describing the procedure:
You feel something let go and out pops a fully formed leg
about 6 inches long. Reach in again and again with that clamp
and tear out the spine, intestines, heart, and lungs.
How disgusting. How repugnant. How wrong. Any nation, any party, any
person that claims to respect human rights and accepts basic science
must reject this pain-filled act of barbarism.
I urge my colleagues to join me in supporting this rule and, most
important, in supporting H.R. 36.
Mr. McGOVERN. Mr. Speaker, I am proud to yield 2 minutes to the
gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Speaker, I rise in opposition to this rule and to
the underlying bill. This bill is just as unconstitutional as it was
when it was introduced in the last Congress. It poses just as serious a
risk to the health and civil liberties of American women. And this time
around, it comes with an additional slap in the face to women because,
if this rule passes, the bill will come to a vote on the 42nd
anniversary of the Supreme Court's decision in Roe v. Wade.
By attempting to outlaw almost all abortions after 20 weeks of
pregnancy, this bill would clearly violate the constitutional
principles the Court laid down in that decision a generation ago. Women
must be allowed to decide their health care decisions. They need to do
it in consultation with their doctors, with their families, and with
their clergy and not have those decisions made for them by Washington
politicians.
The Republican majority always claims to be against government
overreach and for science. Well, they should take a look at the
legislation they bring to the floor. This bill would extend the Federal
Government's reach all the way into the doctor's office. And it denies
medical science. It threatens providers with jail for performing a
procedure that is constitutionally protected and often medically
necessary. It places obstacles in the way of rape victims who seek
help. It would put thousands of women at risk.
In short, this is another Republican ideological assault on women. We
should reject it wholeheartedly. Our priority should be to help
American workers with jobs, with increased wages--including women--and
not turning the clock back to the 1950s with this kind of
unconstitutional posturing.
I urge my colleagues to vote against this rule and the underlying
bill and truly vote for women in the United States today.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is important to respond to the charge that this
legislation is unconstitutional. In 2007, the Supreme Court upheld the
Federal Partial-Birth Abortion Ban Act as an appropriate use of
Congress' powers under the Commerce Clause. This legislation follows
that act's model by asserting Congress' authority to extend protection
to pain-capable unborn children under the Commerce, Equal Protection,
Due Process, and Enforcement Clauses of the 14th Amendment.
It is sad that opponents of this legislation are attempting to use
the Constitution as a roadblock to prevent lifesaving legislation, but
the Supreme Court's position is clear.
With that, Mr. Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Franks).
Mr. FRANKS of Arizona. I thank the gentlewoman.
Mr. Speaker, a great shadow looms over America, the home of the
brave.
More than 18,000 very late-term abortions are occurring in America
every year, placing the mothers at exponentially greater risk and
subjecting their pain-capable babies to torture and death without
anesthesia. It is the greatest human rights atrocity in the United
States today.
Almost every other major civilized nation on Earth protects pain-
capable babies at this age, and every credible poll of the American
people shows that they are overwhelmingly in favor of protecting them.
And yet we have given these little babies less legal protection from
unnecessary painful cruelty than the protection we have given farm
animals under the Federal Humane Slaughter Act.
But, Mr. Speaker, I would submit to you that today the winds of
change have begun to blow and the tide of blindness and blood is
finally turning in America because today we take up the Pain-Capable
Unborn Child Protection Act in this Chamber.
It is not perfect, Mr. Speaker. Each one of us would have written it
a little differently if we could have done so. However, no matter how
it is shouted down or what distortions, deceptive what-ifs,
distractions, diversions, gotchas, twisting of words, changing the
subject, or blatant falsehoods the abortion industry hurls at this bill
and its supporters, it is a deeply sincere effort, beginning at the
sixth month of pregnancy, to protect both mothers and their pain-
capable babies from the atrocity of late-term abortion on demand, and,
ultimately, it is one all humane Americans can support if they truly
understand it for themselves.
Mr. Speaker, what we are doing to these babies is real--and we all
know it--and it is time to change and protect them.
Mr. McGOVERN. Mr. Speaker, I am proud to yield 1 minute to the
gentlewoman from Massachusetts (Ms. Clark), a champion for women's
rights.
Ms. CLARK of Massachusetts. I thank the gentleman for yielding.
Mr. Speaker, here we go again. Instead of prioritizing the needs of
women and families, we are once again discussing a bill that attacks
women's rights.
When I ask women in my district what they need, they talk about not
being able to find quality, affordable child care. But here in Congress
we are talking about a bill that tells women they don't have a right to
plan their own family.
[[Page H449]]
Women in my district talk about making sure they receive equal pay
for equal work. What are we talking about? A bill that tells women that
politicians are better able to make their health decisions than they
are.
Women in my district talk about making sure victims and survivors of
domestic violence have the resources they need to build a better life.
But we are talking about a bill that tells women that if they become
pregnant because they were raped, they better have a police report to
prove it.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. McGOVERN. Mr. Speaker, I yield the gentlewoman an additional 30
seconds.
Ms. CLARK of Massachusetts. American women pay taxes, raise their
families, contribute to our economy, and are over half of the
electorate. Yet rather than helping these women succeed and grow our
economy, we give them this bill that forces backward ideological
beliefs into women's private medical decisions.
I urge my colleagues to get back to work for women and families of
this country and reject this dangerous bill.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
It is disappointing to hear my colleagues criticize this legislation
in this way. We consider many weighty issues in this body with great
implications for our future, but few of those issues command our
attention as much as those that impact children, as this legislation
does. This is right and appropriate.
I fear for both our future and our present if we continue to tolerate
the death of innocent children in the womb. Every life matters. It is
my hope that a culture of life will take hold and all children will be
protected in law in the near future, but today we have an opportunity
to come together and find consensus that nearly fully developed, viable
children should be protected, particularly as individuals capable of
experiencing great pain.
The necessity of that protection is made even clearer when
considering the type of abortion these growing children are subjected
to.
Mr. Speaker, it is important that the American people understand
exactly what happens when they hear the word ``abortion.'' According to
Planned Parenthood, the largest abortion provider in America, babies
aborted at 14 weeks or later are often subjected to dismemberment
abortions, which are incredibly gruesome and painful.
What follows is heart-wrenching to describe, Mr. Speaker, but we must
face the truth of what we are currently permitting. As if in a horror
movie, the abortionist begins by suctioning out the amniotic fluid,
then rips the limbs from the infant's body with a steel tool and
finishes by crushing the skull of the infant he has dismembered.
Take a moment to consider that. This is the most common abortion
performed in the second trimester, not a rare tragedy.
As a Nation, we rightfully give the safety of our children the
highest importance. In spite of that, we continue to allow these
horrific procedures that an overwhelming majority of nations in the
world have sworn off. As I mentioned before, only seven nations allow
elective abortions after 20 weeks' gestation.
{time} 1315
How can America continue to be one of them? We must leave this
practice behind.
That is why I am a cosponsor of the underlying legislation to
prohibit elective abortions in the United States past 20 weeks. The
Pain-Capable Unborn Child Protection Act is a commonsense reform to our
American principles of protecting life as the most fundamental
constitutional right.
Mr. Speaker, I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New York (Mrs. Maloney).
Mrs. CAROLYN B. MALONEY of New York. I thank the gentleman for his
leadership and for yielding.
Mr. Speaker, I rise in opposition to this rule. After all the talk by
our Republican friends about focusing their efforts on jobs and growing
the economy, so far their rhetoric does not match their record.
Last week, we took up a pipeline bill that, according to the State
Department, would only create 34 jobs, and the bill that we have on the
pipeline today probably won't create one single job, but what it will
do, it will make it easier to damage the environment.
The majority has also introduced six antichoice bills in the past 7
days, and what all these bills have in common is that they will not
create one single American job.
Instead of a jobs agenda, the majority seems bound and determined to
attack women's rights, to take away a woman's constitutional right to
make for herself the most private and personal and intimate decisions.
Now, we are taking up this bill, H.R. 36, which is based on the
insulting belief that women are incapable and unprepared to make
decisions about their own bodies and their own health care.
Forty-two years ago this week, the Supreme Court, in Roe v. Wade,
made it clear that a woman has a constitutional right to decide for
herself these private issues concerning her own health and well-being.
This is not only insulting to the women of this country, it is just
another pointless exercise in political posturing. It will never become
law. It is a waste of Congress' time. What we should be doing instead
is focusing on any idea or measure that can help create greater
economic opportunity for all Americans.
The President pointed out last night that our economy is on the rise.
Under his leadership, we are experiencing the strongest private sector
job growth we have had in 17 years, over 11 million new jobs.
Let's not squander this opportunity. Let's work together to create
real jobs, not political posturing for the American people.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Thankfully, the American people recognize that we are speaking about
protecting vulnerable lives here. A March 2013 poll conducted by The
Polling Company found that 64 percent of the public supports a law like
the Pain-Capable Unborn Child Protection Act prohibiting an abortion
after 20 weeks, when an unborn baby can feel pain, unless the life of
the mother is in danger.
Supporters include 47 percent of those who identified themselves as
``pro-choice'' in the poll. The poll also found that 63 percent of
women believe that abortion should not be permitted after the point
where substantial medical evidence says that the unborn child can feel
pain. That finding was not an unusual outlier. It is representative of
the true beliefs of the American people.
According to a 2013 Gallup Poll, 64 percent of Americans support
prohibiting second trimester abortions, and 80 percent support
prohibiting third trimester abortions. Even The Huffington Post found
in 2013 that 59 percent of Americans support limiting abortions after
20 weeks.
Let no one believe that our concern is only for the child. A study in
the Obstetrics and Gynecology journal found that a woman seeking an
abortion after 20 weeks' gestation is 35 times more likely to die from
an abortion than she would have been from an abortion in the first
trimester. At 21 weeks or more, she is 91 times more likely to die.
Abortion is a danger to both lives, the mother and the child.
Mr. Speaker, Congress cannot sit idly by while this grotesque and
brutal procedure, which rips the tiny baby apart, limb from limb in the
womb, and threatens the life of the mother, is performed in our
country. This is why it is necessary for Congress to pass H.R. 36 and
protect the lives of these unborn children from excruciating pain.
Mr. Speaker, I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I am proud to yield 1\1/2\ minutes to the
gentleman from Tennessee (Mr. Cohen), somebody who believes in
protecting women's rights.
Mr. COHEN. Thank you, Mr. McGovern.
Mr. Speaker, the fact is that pain is a subterfuge. This bill is not
about pain to the fetus. This bill is about outlawing abortion and
repealing Roe v. Wade.
The other side knows that the Supreme Court has set out in Roe v.
Wade the conditions of viability, and viability is 22-24 weeks. Well,
they couldn't get past that in the Court, they knew
[[Page H450]]
they couldn't, so they created this new class of when the baby, the
child, can feel pain.
They found a doctor that said he assumes they can feel pain, and they
base their whole premise on that, an argument to try to repeal Roe v.
Wade and to not give the women of this country the opportunity to
exercise choice on their own lives and when they produce children.
This has been the law in this country since 1973. I consider it the
right law. I was in law school when the Supreme Court brought down Roe
v. Wade. It was progress, and we continue to march forward, but the
other side wants to stop progress. If they could outlaw all abortions,
they would do it, and this is the first step toward doing it.
They don't provide for the life of the mother in the bill. They don't
provide for exceptions for rape and incest, and they didn't allow any
amendments because they knew if they had amendments they would carry,
and the full rape and incest exceptions which are in the law today
would be put on this bill, and that would be difficult for them to
swallow.
This is a sham on pain. This is an attempt to take women's rights
away and to repeal Roe v. Wade. I would ask that when the bill comes up
that we vote ``no'' and vote women first and progress.
Ms. FOXX. Mr. Speaker, I reserve the balance of my time at this time
until the gentleman from Massachusetts is ready to close.
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).
Mr. DEUTCH. Mr. Speaker, I thank my friend from Massachusetts, a
leader in the fight to get money out of politics.
Last night, in his State of the Union Address, President Obama called
on Republicans and Democrats in Congress to embrace a better politics
where we spend less time fundraising and spewing sound bites and more
time debating issues in good faith to find common ground.
A better politics, that is something all Americans want to see, and
there is no better way to restore their faith in Congress than by
getting Big Money out of politics.
Today, my friends, is the 5-year anniversary of the Supreme Court's
5-4 ruling in Citizens United v. FEC, which granted corporations and
megamillionaires a First Amendment right to buy unlimited influence in
our elections. The results of Citizens United has been elections
dominated by super-PACs and unaccountable outside groups, backed by a
small group of the wealthiest Americans.
Indeed, during the 2012 Presidential election cycle, 93 percent of
super-PAC funding came from just over 3,000 donors, amounting to less
than .01 percent of the American population; likewise, the 2014 midterm
election cycle was the most expensive in history, with recordbreaking
spending by outside groups.
That is why, today, I ask the majority to join me and more than 80 of
my colleagues in support of H.J. Res. 22, the Democracy for All
amendment. This amendment will restore what the Supreme Court took away
in Citizens United: the right of Congress and the States to pass laws
limiting the influence of Big Money in our elections.
Seniors on Social Security don't have millions to funnel into super-
PACs.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. McGOVERN. I yield the gentleman an additional 30 seconds.
Mr. DEUTCH. And low-income children are not among the wealthy donors
who hit the limits struck down in last year's McCutcheon ruling.
The sad truth is that, for most Americans, their influence in
Washington has shrunk each time the Supreme Court has invited more
money into our elections and allowed special interests to set the
agenda.
Let's build a better politics by bringing H.J. Res. 22, the Democracy
for All amendment, up for a vote today. Together, we can ensure that
every American's voice, once again, is heard in America's democracy.
Ms. FOXX. Mr. Speaker, I continue to reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentleman from
Maryland (Mr. Sarbanes).
Mr. SARBANES. I thank the gentleman for yielding.
Mr. Speaker, I urge a ``no'' vote on ordering the previous question,
so that we can consider the constitutional amendment, the Democracy for
All amendment, that would rein in the excesses that have been unleashed
by Big Money on our political system. That occurred 5 years ago in the
Citizens United decision.
We have an opportunity, acting on behalf of the millions of Americans
who feel their voices are drowned out, to push back on the influence of
Big Money in this town and on this Chamber.
It seems, Mr. Speaker, that every week we get another example of how
Big Money is influencing policy here in Washington. Last week, it was
the influence of Wall Street leaning on the institution to pass
legislation that would get them out from reasonable regulation. This
week, it is the energy industry leaning on the institution with respect
to this Keystone bill that we are going to see--example after example
of how Big Money has undue influence here in Washington.
It is time that we fought on behalf of the American people and made
sure that their voices are the ones being heard, not the voice and the
megaphone of Big Money.
Let's vote against ordering the previous question. Let's consider the
amendment to the Constitution that would allow us to push back on the
undue influence of Big Money here in Washington.
Ms. FOXX. Mr. Speaker, I would inquire as to whether the gentleman
from Massachusetts is prepared to close.
Mr. McGOVERN. Yes, I am, Mr. Speaker.
Ms. FOXX. I reserve the balance of my time.
Mr. McGOVERN. How much time do I have left, Mr. Speaker?
The SPEAKER pro tempore. The gentleman from Massachusetts has 3\1/2\
minutes remaining. The gentlewoman from North Carolina has 5 minutes
remaining.
Mr. McGOVERN. Mr. Speaker, I ask unanimous consent to insert the text
of the amendment that I will offer if we defeat the previous question
in the Record, along with extraneous material, immediately prior to the
vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
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.
{time} 1330
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,
[[Page H451]]
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.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
As I said at the opening of this debate, this rule will provide for
consideration of H.R. 161, the Natural Gas Pipeline Permitting Reform
Act. That legislation, which passed the House on a bipartisan basis
last Congress, will reduce red tape and ensure that Americans in all
parts of the country will be able to benefit from the energy revolution
that has occurred on our Nation's private lands.
It is the coldest season of the year. It is my strong hope that we
will be able to enact this legislation soon, to ensure that in winters
to come residents of the northeast and other high-cost areas of the
country are able to heat their homes affordably.
Before we consider our budgets or the foolishness of red tape,
though, we must return to our founding principles. We must remember
that life is the most fundamental of all rights. It is sacred and God-
given.
Even the President said in last night's speech: ``I want our actions
to tell every child, in every neighborhood: Your life matters, and we
are committed to improving your life chances, as committed as we are to
working on behalf of our own kids.''
But, Mr. Speaker, millions of babies have been robbed of that right
in this, the freest country in the world. That is a tragedy beyond
words and a betrayal of what we, as a nation, stand for.
Before liberty, equality, free speech, freedom of conscience, the
pursuit of happiness, and justice for all, there has to be life; and
yet for millions of aborted infants, life is exactly what they have
been denied. An affront to life for some is an affront to life for
every one of us.
One day, we hope it will be different. We hope life will cease to be
valued on a sliding scale. We hope the era of elective abortions,
ushered in by an unelected Court, will be closed and collectively
deemed one of the darkest chapters in American history. But until that
day, it remains a solemn duty to stand up for life.
Regardless of the length of this journey, we will continue to speak
for those who cannot, and we will continue to pray to the One who can
change the hearts of those in desperation and those in power who
equally hold the lives of the innocent in their hands.
May we, in love, defend the unborn; may we, in humility, confront
this national sin; and may we mourn what abortion reveals about the
conscience of our Nation. Therefore, I urge my colleagues to vote for
life by voting in favor of this rule and the underlying bill.
Mr. CARTWRIGHT. Mr. Speaker, I rise today to express my frustration
in the process by which this bill was brought to the floor and my
disappointment that the process has yielded a bill that I cannot
support.
This bill did not go through regular order. The Judiciary Committee
did not hold any hearings or markups on the bill. And now under a
Closed Rule, Members do not have the opportunity to offer amendments,
let alone debate the merits of specific sections they wish to change.
I submitted an amendment to H.R. 36 that would have extended the
exception for all incest victims. Under a Closed Rule, this amendment
was rejected.
Incest victims are victims regardless of their age. What some people
call ``consensual incest'' often begins as child sexual abuse. Even if
the relationship continues into adulthood, there is still a perpetrator
and still a victim. In addition, it is hugely unfair to require an
incest victim to report a relative to the police.
In the future, should the House again consider legislation railing to
abortion, I urge my colleagues to bring the bill through regular order
so that all Members can participate in the debate over this sensitive
issue.
The material previously referred to by Mr. McGovern is as follows:
An Amendment to H. Res. 38 Offered by Mr. McGovern of Massachusetts
At the end of the resolution, add the following new
sections:
Sec. 3. Immediately upon adoption of this resolution the
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare
the House resolved into the Committee of the Whole House on
the state of the Union for consideration of the joint
resolution (H.J. Res. 22) proposing an amendment to the
Constitution of the United States relating to contributions
and expenditures intended to affect elections. The first
reading of the joint resolution shall be dispensed with. All
points of order against consideration of the joint resolution
are waived. General debate shall be confined to the joint
resolution and shall not exceed one hour equally divided and
controlled by the chair and ranking minority member of the
Committee on the Judiciary. After general debate the joint
resolution shall be considered for amendment under the five-
minute rule. All points of order against provisions in the
joint resolution are waived. At the conclusion of
consideration of the joint resolution for amendment the
Committee shall rise and report the joint resolution to the
House with such amendments as may have been adopted. The
previous question shall be considered as ordered on the joint
resolution and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions. If the Committee of the Whole rises and
reports that it has come to no resolution on the joint
resolution, then on the next legislative day the House shall,
immediately after the third daily order of business under
clause 1 of rule XIV, resolve into the Committee of the Whole
for further consideration of the joint resolution.
Sec. 4. Clause 1(c) of rule XIX shall not apply to the
consideration of H.J. Res. 22.
____
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Republican majority agenda and a vote to allow
the Democratic minority to offer an alternative plan. It is a
vote about what the House should be debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives (VI, 308-311), describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
[[Page H452]]
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
The Republican majority may say ``the vote on the previous
question is simply a vote on whether to proceed to an
immediate vote on adopting the resolution . . . [and] has no
substantive legislative or policy implications whatsoever.''
But that is not what they have always said. Listen to the
Republican Leadership Manual on the Legislative Process in
the United States House of Representatives, (6th edition,
page 135). Here's how the Republicans describe the previous
question vote in their own manual: ``Although it is generally
not possible to amend the rule because the majority Member
controlling the time will not yield for the purpose of
offering an amendment, the same result may be achieved by
voting down the previous question on the rule. . . . When the
motion for the previous question is defeated, control of the
time passes to the Member who led the opposition to ordering
the previous question. That Member, because he then controls
the time, may offer an amendment to the rule, or yield for
the purpose of amendment.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: ``Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Republican
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. FOXX. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. McGOVERN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of adoption.
The vote was taken by electronic device, and there were--yeas 238,
nays 182, not voting 13, as follows:
[Roll No. 38]
YEAS--238
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--182
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Honda
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--13
Brady (TX)
Carter (TX)
Duckworth
Edwards
Fincher
Forbes
Harris
Hastings
Hinojosa
Hoyer
Johnson, Sam
Nunnelee
Perlmutter
{time} 1404
Messrs. REED and SALMON changed their vote from ``nay'' to ``yea.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. McGOVERN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 238,
noes 181, not voting 14, as follows:
[Roll No. 39]
AYES--238
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emmer
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
[[Page H453]]
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice (GA)
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Jolly
Jones
Jordan
Joyce
Katko
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price (GA)
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (WI)
Salmon
Sanford
Scalise
Schock
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOES--181
Adams
Aguilar
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle (PA)
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu (CA)
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Courtney
Crowley
Cuellar
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle (PA)
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Heck (WA)
Higgins
Himes
Honda
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu (CA)
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meeks
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
NOT VOTING--14
Brady (TX)
Carter (TX)
Duckworth
Edwards
Fincher
Forbes
Harris
Hastings
Hinojosa
Hoyer
Johnson, Sam
Nunnelee
Perlmutter
Walters, Mimi
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (Mr. Duncan of Tennessee) (during the vote).
There are 2 minutes remaining.
{time} 1413
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________