Providing for Consideration of H.R. Marijuana Opportunity Reinvestment and Expungement Act of 2019
Floor Speech
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Mr. McGOVERN. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1244 and ask for its immediate consideration.
The Clerk read the resolution, as follows: H. Res. 1244
Resolved, That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 3884) to decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes. All points of order against consideration of the bill are waived. In lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-67, modified by the amendment printed in the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further 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 the Judiciary; and (2) one motion to recommit with or without instructions.
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Mr. McGOVERN. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Georgia (Mr. Woodall), my good friend, 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
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Mr. McGOVERN. Mr. Speaker, before I begin, I feel I need to respond to the meltdown that occurred right before the vote on the Republican side.
As the distinguished minority leader knows, House Democrats have sent two major coronavirus relief bills over to the Senate. Sadly, those bills have been gathering dust on Mitch McConnell's desk. He has refused to schedule a vote and a debate on those bills.
But the good news is that today, at 12:45, we find out that Leader McConnell and Speaker Pelosi have spoken about their shared commitment to completing an omnibus and COVID relief package as soon as possible. I take that as good news.
We can walk and chew gum at the same time in this Democratic- controlled House of Representatives. That means we need to deal with not only passing an omnibus bill and a COVID relief bill, but we have other work that needs to be done as well.
I find it curious, Mr. Speaker, that the bill the minority leader objected to is a bill that deals with the unequal enforcement of our drug laws where people are treated differently and more negatively because of the color of their skin. Really?
My distinguished Republican friend did not object to any of the bills we are bringing up today sponsored by Republicans--five different bills--but he chose to object to a bill that is addressing the issue of racial justice.
Now, I guess I shouldn't be surprised because it is consistent with the attitudes that come out of this White House, but it also makes clear to me that the Republican Party is no longer the party of Lincoln. It is the party of some of the most intolerant voices on the rightwing and those who dabble in conspiracy theories. It really is sad.
The Republicans made a motion that the House do now adjourn to highlight the fact that we are able to vote remotely in this Chamber in the midst of a pandemic. The leader said that nearly one-third of the Democratic Caucus didn't vote yesterday, which, by the way, they did because we do have responsible voting rules in place in the middle of this pandemic. Now, get this, Mr. Speaker. But then, right after saying that, 95 percent of the Republican Conference didn't even show up to vote. You can't make this stuff up, Mr. Speaker.
They didn't vote in person, and they didn't vote remotely--nothing. Maybe I am missing something here, but I don't think the strategy was very well thought through.
The distinguished minority leader is puzzled why we have passed rules that allow people to vote remotely during this pandemic. I have a news flash for him: Close to 275,000 people are dead. We have colleagues, both Democratic colleagues and Republican colleagues, who have been infected by this virus.
While many Republicans are rushing to attend maskless superspreader Christmas parties at the White House, we in the Democratic majority are following the guidelines by the Attending Physician in the Capitol, by the CDC, by Dr. Fauci, and by every reputable medical expert in the world.
Operating remotely during a pandemic, I want to tell my friend, is not radical, it is not unique, and it is not unprecedented or lazy. It is responsible. It is constitutional. The Supreme Court is working remotely, as are legislators around the country and around the world.
We aren't doing this because it is convenient, Mr. Speaker. We are doing it because it is necessary, and we are doing it because we want to save lives.
So, we invite our Republican colleagues to join us, to be responsible, and to understand why these rules are so incredibly important and maybe set an example for others in this country, especially those who operate in 1600 Pennsylvania Avenue.
Mr. Speaker, on Wednesday, the Rules Committee met and reported a rule, House Resolution 1244, providing for the consideration of H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act, under a closed rule. The rule provides 1 hour of debate equally divided and controlled by the chair and ranking member of the Committee on the Judiciary. It self-executes a manager's amendment by Chairman Nadler, and it provides for one motion to recommit with or without instructions.
Mr. Speaker, we are here today to continue our effort to reform our Nation's failed approach to the war on drugs, to put racial justice at the heart of our Nation's Federal cannabis policy, and to make restorative justice a reality for so many Americans. This is what the public has demanded for so long, that Congress address the broken status quo that allows the color of someone's skin to dictate the repercussions of their actions.
This is not hyperbole, Mr. Speaker. Cannabis accounts for almost half of all drug arrests in our country--half. Most are arrested for possessing small amounts, not for selling or manufacturing anything.
That is bad enough. But today in America, Mr. Speaker, you are nearly four times more likely to be arrested for cannabis if you are Black. Communities of color use cannabis at roughly the same rate as their White counterparts, but if you look like me, Mr. Speaker, you are far less likely to face the same penalties.
I am not okay with that, and nobody should be. I am not okay with a system that treats those who have been convicted of minor cannabis offenses like they are some kind of drug kingpin. And I am not okay with a system that sends people to prison for cannabis-related offenses even in States where recreational cannabis use has been legalized.
To do nothing about this is intolerable, and to pretend like this is a problem for communities of color to solve alone is inexcusable.
America's failed war on drugs helped create this problem. It will take a national, holistic approach to resolve it.
H.R. 3884 represents a major step forward. It complements other bipartisan criminal justice reform bills passed in this Congress and in the 115th Congress.
This underlying bill removes cannabis from the Controlled Substances Act, decriminalizing it at the Federal level so States can set their own laws.
It also puts a process in place to expunge prior convictions made in Federal courts and establishes services to help those convicted of cannabis-related crimes whose lives have been harmed by the war on drugs, because no lives should be destroyed by this failed policy.
Finally, this bill also makes Small Business Administration funding available for legitimate cannabis-related businesses while helping ensure people of color can participate in this thriving industry.
This is what beginning to reverse the failed war on drugs looks like, Mr. Speaker. It is a testament to all of those who have fought for a fresh and more effective approach year after year after year.
Now, I have worked side by side with many of them in this effort since I was first elected to Congress back in 1996. For so long, we were told the same thing. We were told to wait, to wait, to wait. Well, cannabis-related amendments couldn't even get a fair fight on this floor under the prior Republican Congresses. Not a single one was ever made in order in the 112th, 113th, or 114th Congresses--not one. We could bring no bill to the floor related to cannabis. The only one made in order last Congress was an amendment to eradicate illegal grow operations on National Forest System land.
Congress has stood idly by for too long as communities of color, in particular, were being torn apart. This majority, Mr. Speaker, is committed to doing something about it. The House has debated more amendments on cannabis policy last year than it did during my entire 20 years in Congress, and now we are moving forward with the most sweeping reforms in generations. This is what a more responsive Congress looks like.
Now, some, particularly on the other side, have wondered why we are moving forward with these reforms now. We must soon fund the government for the next fiscal year and pass the annual defense bill. We are also trying to prod the Senate to get serious about a true COVID relief bill.
Again, as I said earlier, we have a little bit of hopeful news, based on the conversation between the Speaker and the Senate majority leader. We have a lot to do in the waning days of this Congress, and I get that. But the answer is simple. This is not an either-or proposition. Congress, as I said before, can walk and chew gum at the same time.
A recent survey found that nearly 60 percent of Americans support this underlying bill. That includes a majority of both Democrats and Republicans. The facts are clear, and the public wants Congress to act.
The question is, what are we going to do about it?
I think it is time for us to take a stand, to stand for restorative justice, to stand for racial justice, to stand for criminal justice reform, and to stand with the majority of Americans demanding reforms to our Nation's cannabis policy.
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Mr. McGOVERN. Mr. Speaker, I am happy to yield 2 minutes to the gentlewoman from Pennsylvania (Ms. Scanlon), a distinguished member of the Rules Committee.
Mr. Speaker, I associate myself with the remarks of the distinguished ranking member, Mr. Cole.
We are going to miss you, Rob, and this may be my final opportunity to be able to yield to you during a rules debate. The end of Congress is obviously rapidly approaching, and you have decided to retire from Congress after a very distinguished career. We have spent countless hours not only up in the Committee on Rules, but together on this floor debating many contentious issues. My distinguished friend from Georgia is always very focused, and he is always right on message and he is really quite impressive.
Mr. Speaker, every once in a while, my mother watches these proceedings, and she will always say: You know, that Woodall guy, he is a very good debater.
And I always say: Well, what about me? I mean, do you have anything nice to say about your son?
But the bottom line is I have had some of my best fights with you, and we have disagreed on a lot of issues, but we have disagreed without being disagreeable.
The Committee on Rules has to deal with a lot of contentious issues. We have dealt with our share of contentious issues in this last Congress, but I have really taken great comfort and great inspiration by the example of you, Mr. Woodall and Mr. Cole and others who understand the incredible nature and the incredible majesty of this institution that we get to serve in. So even among these contentious debates, you have never, ever drawn us down. It has always been in a way that is respectful and that honors your convictions and your beliefs.
We have been together early in the morning; we have been together in the middle of the afternoon, late at night. We meet a lot in the Committee on Rules, but Mr. Woodall's good nature and his sense of humor, whether it is intentional or unintentional, makes it a little more interesting and, I dare say, makes it a lot more fun.
So I want to take this opportunity to thank you for the many years of distinguished service, both your near decade of service as a Member of Congress and before that, as Mr. Cole pointed out, your service working for Congressman John Linder, who was also on the Committee on Rules.
You have brought with you some incredible people as well. I see your longtime Committee on Rules staffer Janet Rossi on the floor here today. She is here to honor your service, as well as the others who are here today. And I just want to thank her for all of her work in the Committee on Rules as well over these years.
I always think it is really hard to be a staff member and work for us on the Committee on Rules because you have to listen to all of us go on forever and ever and ever.
Mr. Speaker, let me just close with this, and that is I think you and I come from different parts of the country and we have very different points of view on our politics, but to me, politics should be about conviction, not about political opportunism or flip-flopping with whatever way the prevailing winds are going.
What I have always admired about you is that you feel strongly about what you believe in. You know what you believe in and you fight for your convictions, whether it is popular or not popular. And I agree with Mr. Cole when he said that this institution would be better served if we had more Members like you.
Mr. Speaker, I want to say thank you, and I hope you come by the Committee on Rules next time you come back to Washington, and maybe if I get lost and I am in Georgia, I will stop by your firm and we can reminisce.
Jackson Lee).
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Massachusetts as chair of the Committee on Rules, and I collectively thank the Committee on Rules for its diligent work on the MORE Act, and that is H.R. 3884.
Let me, as well, thank Jerry Nadler, chairman of the Committee on the Judiciary, for his great work and, of course, two outstanding members, Barbara Lee and Earl Blumenauer, for their consistent and persistent determination.
Mr. Speaker, this morning I spoke to a representative of the law enforcement community, and I indicated to him that we are about to move forward on the decriminalizing of marijuana at the Federal level, eliminating, federally, the criminalization of marijuana and cannabis. I indicated that it was not to undermine law enforcement and not to promote drug use but, in essence, to bring about justice and to provide for the right kind of roadway for what over a majority of Americans, Republicans and Democrats, want.
It is an important legislative initiative. It provides a vehicle for sales tax and a vehicle that allows businesses in the marijuana business to be able to bank legally. It provides for a reinvestment program, an opportunity grant program, and, as well, an expungement program governed by Federal courts.
It ensures that there are no sales made to those under 21. It deals with substance abuse. This is a real step forward in bringing America together, and I know that my colleagues tomorrow on the floor of the House will recognize that is what we are doing.
As many people know, the States that have decriminalized can continue; those who have not can continue their laws as well.
So I ask my colleagues to support H.R. 3884 when it comes to the floor. Let us do it in unity.
I, too, want to take the opportunity, very briefly. Mr. Woodall, I think we have seen each other quite frequently, either on this floor in debate or in the Rules Committee. Let me echo the generosity and cordialness of your persistent intellect in challenging each and every one of us who came to make our case. That is all we can do as Americans and Representatives, is to make our case.
I join you. Let us work together for a COVID-19 relief package and have that as our legacy as we leave this place. But I wanted to make sure you knew that Texans appreciate your great leadership. Georgians and Texans have a good relationship. Congratulations to you. Thank you for your service.
Mr. Speaker, I want to respond to my good friend from Arizona. I am not sure she was on the floor earlier when I announced that, finally, Mitch McConnell seems willing to want to negotiate a deal, not only on an omnibus bill, but he seems to be interested in talking about how we can get a COVID relief bill. This notwithstanding the fact that for the last over six months, he has held everything up. We have actually sent two major COVID relief bills over to the Senate. So I am hopeful. I am going to try to be hopeful that, in fact, this is for real.
I would also say that the focus of this bill is on unfair, unequal, and racist drug laws. I mean, as I said in my opening statement, if people want to know what systemic racism is, look at how our drug laws are enforced in this country.
If you look like me and you were caught with a small amount of cannabis, you would probably get off with a very, very light sentence, if anything. But if the color of your skin were black or brown, it is a whole different story.
I mean, our system of drug laws is what systemic racism is in this country. No matter what you think about, you know, States legalizing marijuana or not legalizing marijuana, or whatever, I think we all ought to be committed to making sure there is equal justice under our laws.
People's lives were ruined because of the color of their skin and how our drug laws were enforced. It is wrong. The time has long since passed for us to do something. That is what this is all about.
So we will work on the COVID relief bill, and I hope that Mitch McConnell is sincere in what he said to Speaker Pelosi. I believe we will come together on an omnibus bill to keep our Government running, but we also need to address issues like this.
Mr. Speaker, let me just say to the gentleman from Ohio, I think we all know what needs to happen, and that is that the Senate majority leader needs to be willing to come to the table and sit down and work out a deal.
We heard today that the Speaker has had a constructive conversation with him. Hopefully we will end up with something that, quite frankly, is going to help a lot more people than what the gentleman is suggesting here. What we do know is that nobody has been working harder than the Speaker of the House to try to get a COVID relief bill. She met around the clock with Secretary Mnuchin, with anybody in this administration who would be willing to come to the table.
Our problem has been the Senate. Now, that may be changing today. I hope it is. But I would also say that we have sent over two major COVID relief bills, which, unfortunately, the gentleman voted against, which would help not just small businesses, but help our schools, help our first responders; help with PPE for people who, quite frankly, are running short right now as we see another surge; help support our cities and towns that are struggling; and help support our restaurants.
Mr. Speaker, I thank the gentleman from Georgia for his kind words. I almost feel like I want to yield him more time to have the compliments keep coming.
The bottom line is that even though we disagree on a lot of issues, and sometimes in our debates you make me want to pull the remaining last two strands of hair out of my head, the reason why I sometimes feel that way is because you are passionate, you are smart, and you are effective. You have served your constituency incredibly well, and you have served this institution incredibly well.
Mr. Speaker, going back to what Mr. Cole said at the very beginning, I think this place would benefit from more people of your caliber. And even though you would like to demote me to ranking member instead of chairman, I am still going to miss you, and I thank you for your friendship. You are a good man, and we are going to miss you a lot.
Mr. Speaker, the underlying bill deserves to be considered and passed. As I said earlier, nearly 60 percent of the American public supports this bill. A majority of Democrats and a majority of Republicans throughout the Nation want this bill passed.
Prior Republican Congresses were apparently fine with turning a deaf ear to the will of the people. They blocked virtually all cannabis- related measures from getting a vote on the floor year after year.
But this majority is not. We believe in listening to the people we represent. We believe in actually doing something about the war on drugs. Its failures have been staring us in the face for a very long time.
Americans came together in record numbers following George Floyd's death to fight against systemic racism. Combating that means, among other things, reforming our policies toward cannabis. These laws have been used to disproportionately lock up people of color for decades. It is past time we showed the moral courage to do something about it.
This is a historic moment. Let us seize this chance. Let us pass this bill. I urge everyone to vote ``yes'' on the previous question, and I urge a vote of ``yes'' on the rule.
The material previously referred to by Mr. Woodall is as follows: Amendment to House Resolution 1244
At the end of the resolution, add the following:
Sec. 2. Immediately upon adoption of this resolution, the House shall proceed to the consideration in the House of the bill (H.R. 8265) to amend the Small Business Act and the CARES Act to establish a program for second draw loans and make other modifications to the paycheck protection program, 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 without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Small Business; and (2) one motion to recommit.
Sec. 3. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 8265.
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Mr. McGOVERN.
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