Mr. Chairman, I rise in opposition to H.R. 1900, the ``Natural Gas Pipeline Permitting Act.'' Mr. Chairman, as I have stated this week as this House has debated the other energy bills, I am not…
Mr. Chairman, I rise in opposition to H.R. 1900, the ``Natural Gas Pipeline Permitting Act.''
Mr. Chairman, as I have stated this week as this House has debated the other energy bills, I am not anti-energy exploration. I am not pro- or anti-fracking. I am, however, strongly ``pro-jobs,'' ``pro-economic growth,'' and ``pro-sustainable environment.''
As a Member of Congress from Houston I have always been mindful of the importance of, and have strongly advocated for, national energy policies that will make our nation energy independent, preserve and create jobs, and keep our nation's economy strong.
That is why I carefully consider each energy legislative proposal brought to the floor on its individual merits and support them when they are sound, balanced, fair, and promote the national interest.
Where they fall short, I believe in working across the aisle to improve them if possible by offering constructive amendments.
Although I believe the nation would benefit by increased pipeline capacity to transport our abundant supplies of natural gas, the legislation before contains several provisions that are of great concern to me.
Pursuant to Section 2, paragraph (4) of the bill, a permit or license for a natural gas pipeline project is ``deemed'' approved if the Federal Regulatory Energy Commission (FERC) or other federal agencies do not issue the permit or license within 90-120 days.
I have three concerns with this regulatory scheme.
First, as a senior member of the Committee on the Judiciary, I have a problem with ``deeming'' something done that has not been done in fact.
Thus, the provision is unwise.
Second, the provision is unnecessary because FERC has, since fiscal year 2009, completed action on 92 percent (504 out of 548)
of all pipeline applications that it has received within one year of receipt. And the remaining 8% of decisions that have taken longer than one year involve complex proposals that merit additional review and consideration.
Mr. Chairman, the process may not be perfect or as quick as we would like but it is working well and administered by hardworking individuals who carefully and meticulously consider permits and license applications for natural gas pipelines on a case-by-case basis--as they should.
The approval process for a pipeline is not like deciding to grow a garden in the backyard of your home--given the inherently dangerous nature of the activity, the review and approval process takes time and requires careful attention--as it should be.
In short, the bill before us is a remedy in search of a problem. There is no lengthy or intolerable backlog of neglected natural gas pipeline projects awaiting action by FERC.
Third, the provision is irresponsible because it would require FERC and other agencies to make decisions based on incomplete information or information that may not be available within the stringent deadlines, and to deny applications that otherwise would have been approved, but for lack of sufficient review time.
Compounding the problem is that the fact that FERC, like virtually every federal agency, is operating under the onerous and draconian provisions of the disastrous sequestration which has caused so much misery and disruption across the nation and to our economy.
FERC, for example, with a budget of $306 million faces a $15 million reduction in spending authority this fiscal year, according to OMB. That sum amounts to 5% of FERC's budget.
So the likely impact of this bill if passed is to put FERC in the position of having to work faster to issue decisions with fewer experienced employees and a reduction in resources.
Thus, because of sequestration the legislation would achieve the opposite effect intended by proponents.
In other words, fewer projects would be approved, not more.
Mr. Chairman, given the inherent dangers involved in the construction and operation of a natural gas pipeline, does anyone doubt that were this bill to become law FERC will be more likely to err on the side of caution and deny applications that may otherwise have been approved if it had more time and more resources to carry out its responsibilities?
Mr. Chairman, we should not take that chance. An amendment I offered, and which was made in order by the Rules Committee, avoids this outcome by conditioning the effective date of this bill upon the termination of sequestration.
Mr. Chairman, I am not alone in recognizing how detrimental sequestration has been to our fiscal policy and to the economy.
Earlier this week, the Chairman of the Appropriations Committee, joined by the 12 Subcommittee chairs, wrote a letter to the Budget Conferees in which they call upon the Budget conference to reach an agreement as soon as possible because among other things: ``the current sequester and the upcoming 'Second Sequester' in January would result in more indiscriminate across the board reductions that could have negative consequences on critically important federal programs''.
The Appropriators go on to state that: ``The American people deserve a detailed budget blueprint that makes rational and intelligent choices on funding by their elected representatives, not by a meat ax.''
Mr. Chairman, I could not agree more with Chairman Rogers and the Subcommittee chairs.
Sequestration is bad fiscal policy. It results in unwanted and unintended legislative consequences. It is bad for the economy. It is unfair to the American people and they know it.
According to an analysis conducted by Regional Economic Models, Inc. and Third Way, the damage to the economy caused by sequestration is substantial.
Sequestration has cost the United States $179.4 billion in lost economic activity and more than 1.88 million jobs, which means the economy grew by -1.04% less than it would have otherwise.
The corresponding figures for my home state of Texas are $15.2 billion in lost economic activity and 153,541 jobs.
The human toll of the sequestration is even greater.
Texas, for example, will lose approximately $67.8 million for primary and secondary education, putting around 930 teacher and aide jobs at risk.
In addition about 172,000 fewer students would be served and approximately 280 fewer schools would receive funding.
Texas will lose approximately $51 million for about 620 teachers, aides, and staff who help children with disabilities.
Head Start and Early Head Start services would be eliminated for approximately 4,800 children in Texas, reducing access to critical early education.
Approximately 52,000 civilian Department of Defense employees in Texas may be furloughed, reducing gross pay by around $274.8 million in total.
Texas will lose about $1,103,000 in Justice Assistance Grants that support law enforcement, prosecution and courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, and crime victim and witness initiatives.
More than 83,000 fewer Texans will get the help and skills they need to find employment because Texas will lose about $2,263,000 for job search assistance, referral, and placement, meaning.
Up to 2300 disadvantaged and vulnerable children could lose access to child care, which is also essential for working parents to hold down a job.
Because of sequestration, 9,730 fewer children in Texas will receive vaccines for diseases such as measles, mumps, rubella, tetanus, whooping cough, influenza, and Hepatitis B due to reduced funding for vaccinations.
Texas could lose up to $543,000 to provide services to victims of domestic violence, resulting in up to 2,100 fewer victims being served.
Texas will lose approximately $2,402,000 to help upgrade its ability to respond to public health threats including infectious diseases, natural disasters, and biological, chemical, nuclear, and radiological events.
In addition, Texas will lose about $6,750,000 in grants to help prevent and treat substance abuse, resulting in around 2,800 fewer admissions to substance abuse programs. And the Texas State Department of Public Health will lose about $1,146,000 resulting in around 28,600 fewer HIV tests.
Mr. Chairman, I join with Chairman Rogers and the Subcommittee chairs in calling upon the Budget conference ``to reach an agreement on the FY 2014 and 2015 spending caps as soon as possible to allow the appropriations process to move forward to completion by the January 15 expiration of the current short-term Continuing Resolution.''
I agree with them that if an agreement is not reached and sequestration remains in place, ``the likely alternatives could have extremely damaging repercussions.''
Mr. Chairman, the bill before us compounds the damage already being done by sequestration. It is for this reason that I urge all Members to join me in voting against H.R. 1900 as an unwise, unnecessary, and irresponsible measure.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself 2 minutes.
I offer an amendment that responds, I believe, to the importance of the issue and also to the purpose of the underlying bill, and it deals with safety.
My amendment delays the date upon which the bill can be implemented until such time that the Federal Government is no longer operating under a budget dictated by the sequester, which some would call a ``meat-ax,'' that is dipping into and diving into the works of the Federal Government, such as agencies like FERC.
The likely impact of this bill, if passed, is to put FERC in a position of having to work faster, to issue decisions with fewer experienced employees, and to have a reduction in resources, thereby impacting safety and security, if I might say, because FERC, like virtually every other Federal agency, is operating under the onerous and draconian provisions of the disastrous sequestration which has caused so much misery and disruption across the Nation and to our economy. I might add, Mr. Chairman, the important aspect of this is that the ultimate results will be, FERC, if you don't do your work, if you are not thoughtful, if you are not deliberative, we deem the approval.
There is no evidence that FERC is backlogged. This has nothing to do with the Keystone pipeline, the procedures of which are in another agency altogether. So you would ask: What problem is this bill solving? None. Absolutely none. With a budget of $306 million--because of sequestration--and with a $15 million reduction in spending, 5 percent of FERC's budget is impacted. This is a bill seeking a solution to a problem that does not exist, and it is dangerous to have legislation that deems approval when the agency which has jurisdiction has not completed its investigation.
With that, I reserve the balance of my time.
Mr. Chairman, how much time do I have remaining?
Mr. Chairman, sequestration is not only impacting the whole of the work of FERC's; but, in actuality, sequestration is undermining the economy of the United States of America.
In my State alone, we have lost 153,000 jobs. The United States has lost 1 million jobs. It is so devastating that I offer to submit a letter for the Record from the Republican cardinals, dated November 18, 2013, calling upon the Budget Committee to rid us of the disastrous sequestration.
It indicates that we have a severe problem in sequestration. This legislation to expedite the approval of needed gas pipelines is, again, an initiative looking for a solution. Since fiscal year 2009, FERC has completed action on 92 percent of their pipeline applications. Mr. Chairman, there is no problem. There is no backlog. The idea that sequestration's impact is overstated is not true. According to an analysis conducted by Regional Economic Models and Third Way, the damage to the economy caused by sequestration is substantial.
I would also like to offer a personal story that deals with the impact far-reaching. It is the fact that pediatricians today are seeing babies who are malnourished. Because of these horrible cuts and the cuts in SNAP, mothers are putting water in the formula. It may be a far reach; but because we are under these horrible caps of sequestration, it is impacting the far reaches of government. Even babies are suffering and are malnourished because of sequestration.
So, if this bill passes today, my desire is--if it even goes anywhere, if it finds a problem that it is trying to solve--that it should not be implemented at all; but if it is implemented, it certainly should not burden an agency that has proven to do its work timely 92 percent of the time. It should not burden that agency by insisting that it goes into implementation right away. It should not be in until we have moved forward and have gotten rid of sequestration.
In conclusion, there are enormous amounts of human toll impact through social safety net and health education: 600,000 women and children thrown off WIC; 807,000 fewer hospitals for Native Americans; the national security impact of the U.S.'s ``let's prepare for WMD incidents.''
So I ask my colleagues not to support the underlying bill, but to support the Jackson Lee amendment--no action until sequestration is gone.
I yield back the balance of my time.
Mr. Chairman, my amendment is simple, straightforward, and practical. It simply postpones the effective date of the bill until the end of sequestration.
Although I share many of the concerns of my colleagues and the administration regarding the wisdom of this legislation, my amendment does not effect any change in the bill's regulatory scheme.
Because of sequestration the legislation would achieve the opposite effect intended by proponents.
In other words, fewer projects would be approved, not more.
My amendment avoids this outcome by conditioning the effective date of this bill upon the termination of sequestration.
Mr. Chairman, I am not alone in recognizing how detrimental sequestration has been to our fiscal policy and to the economy.
Earlier this week, the chairman of the Appropriations Committee, joined by the 12 subcommittee chairs, wrote a letter to the budget conferees in which they call upon the budget conference to reach an agreement as soon as possible because, among other things: ``the current sequester and the upcoming `Second Sequester' in January would result in more indiscriminate across the board reductions that could have negative consequences on critically important federal programs''.
The appropriators go on to state that: ``The American people deserve a detailed budget blueprint that makes rational and intelligent choices on funding by their elected representatives, not by a meat ax.''
Rather, my amendment merely delays the date upon which the bill can be implemented until such time as the Federal Government is no longer operating under a budget dictated by the ``meat ax,'' instead of a balanced plan of needful investment and deficit reduction.
Mr. Chairman, pursuant to section 2, paragraph (4) of the bill, a permit or license for a natural gas pipeline project is ``deemed'' approved if the Federal Energy Regulatory Commission (FERC) or other federal agencies do not issue the requested permit or license within 90-120 days.
The likely impact of this bill if passed is to put FERC in the position of having to work faster to issue decisions with fewer experienced employees and a reduction in resources.
This is because FERC, like virtually every federal agency, is operating under the onerous and draconian provisions of the disastrous sequestration which has caused so much misery and disruption across the Nation and to our economy.
FERC, for example, with a budget of $306 million faces a $15 million reduction in spending authority this fiscal year according to OMB. That sum amounts to 5% of FERC's budget.
So if H.R. 1900 were to become law the most likely outcome is that FERC and other agencies would be required to make decisions based on incomplete information, or information that may not be available within the stringent deadlines, and to deny applications that otherwise would have been approved, but for lack of sufficient review time.
Mr. Chairman, I could not agree more with Chairman Rogers and the subcommittee chairs.
Sequestration is bad fiscal policy. It results in unwanted and unintended legislative consequences. It is bad for the economy. It is unfair to the American people.
I urge support of the Jackson Lee Amendment because it will prevent the bill before us from yielding unwanted and unintended results.
Hon. Paul Ryan,
Chairman, Budget Committee,
House of Representatives, Washington, DC.
Hon. Chris Van Hollen,
Ranking Member, Budget Committee,
House of Representatives, Washington, DC.
Hon. Patty Murray,
Chairwoman, Budget Committee,
U.S. Senate, Washington, DC.
Hon. Jeff Sessions,
Ranking Member, Budget Committee,
U.S. Senate, Washington, DC.
Dear Chairman Ryan, Chairwoman Murray, Ranking Member
Sessions, and Ranking Member Van Hollen: We call on the
Budget conference to reach an agreement on the FY 2014 and
2015 spending caps as soon as possible to allow the
appropriations process to move forward to completion by the
January 15 expiration of the current short-term Continuing
Resolution. We urge you to redouble your efforts toward that
end and report common, topline levels for both the House and
Senate before the Thanksgiving recess, or by December 2 at
the latest.
If a timely agreement is not reached, the likely
alternatives could have extremely damaging repercussions.
First, the failure to reach a budget deal to allow
Appropriations to assemble funding for FY 2014 will reopen
the specter of another government shutdown. Second, it will
reopen the probability of governance by continuing
resolution, based on prior year outdated spending needs and
priorities, dismissing in one fell swoop all of the work done
by the Congress to enact appropriations bills for FY 2014
that reflect the will of Congress and the people we
represent. Third, the current sequester and the upcoming
``Second Sequester'' in January would result in more
indiscriminate across the board reductions that could have
negative consequences on critically important federal
programs, especially our national defense.
In addition, failure to agree on a common spending cap for
FY 2015 will guarantee another year of confusion.
The American people deserve a detailed budget blueprint
that makes rational and intelligent choices on funding by
their elected representatives, not by a meat ax. We urge you
to come together and decide on a common discretionary
spending topline for both FY 2014 and FY 2015 as quickly as
possible to empower our Committee, and the Congress as a
whole, to make the responsible spending decisions that we
have been elected to make.
Sincerely,
Harold Rogers, Chairman, Committee on Appropriations;
Jack Kingston, Chairman, Subcommittee on Labor, Health
and Human Services, Education, and Related Agencies;
Tom Latham, Chairman, Subcommittee on Transportation,
and Housing and Urban Development, and Related
Agencies; Kay Granger, Chairwoman, Subcommittee on
State, Foreign Operations, and Related Agencies; John
Abney Culberson, Chairman, Subcommittee on Military
Construction, Veterans Affairs, and Related Agencies;
John R. Carter, Chairman, Subcommittee on Homeland
Security; Tom Cole, Chairman, Subcommittee on
Legislative Branch; Frank R. Wolf, Chairman,
Subcommittee on Commerce, Justice, Science, and Related
Agencies; Rodney Frelinghuysen, Chairman, Subcommittee
on Defense; Robert B. Aderholt, Chairman, Subcommittee
on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies; Michael K.
Simpson, Chairman, Subcommittee on Energy and Water
Development, and Related Agencies; Ander Crenshaw,
Chairman, Subcommittee on Financial Services and
General Government; Ken Calvert, Chairman, Subcommittee
on Interior, Environment, and Related Agencies.
Mr. Chairman, I demand a recorded vote.