Congressional Record—House H659

February 10, 2011 CONGRESSIONAL RECORD — HOUSE H659 rulemaking that seeks public com- Mr. LAMBORN. Mr. Speaker, to con- You’re hiding the bill about the cuts ments and engagement, the adminis- clude, this resolution asks us to focus you are going to make to education, tration unilaterally directed the on the impacts of restrictive regula- for the teachers that will lose their change of over 14,000 engineering re- tions just like these, and that is what jobs, for the janitors, for the bus driv- quirements. we plan to do. We will focus on how we ers, for those people that are now em- b 1940 can clear away these regulatory hur- ployed that will lose their jobs as you dles to create a path for energy secu- attempt to put those cuts in place. The Louisiana Secretary of Natural rity, lower energy prices, help for bal- This is about jobs. The Democrats Resources has said the changes would ancing our budget, and, most of all, are talking about jobs. We’re talking not enhance safety but, instead, ‘‘cre- more high-paying energy jobs for about making it in America. We’re ates a regulation with increased safety Americans. talking about those solar projects. Yes, risks, mandates that cannot be met, Mr. MARKEY. Mr. Speaker, I yield 5 we’re talking about who’s going to win and too many ambiguous and unen- minutes to the gentleman from Cali- the next energy, the next energy sys- forceable requirements to count.’’ fornia (Mr. GARAMENDI). tems for this world. It’s not coal. It’s This same regulatory uncertainty is Mr. GARAMENDI. As I listen to this not oil. It’s the green renewable energy happening all over the country. Take debate this evening, Mr. Speaker, I find and nuclear. That’s what we’re talking the Western United States. While the myself wanting to focus on jobs, but about on our side. We’re talking about administration has announced that what I just heard makes my blood boil. how we can do that. solar energy is one of its highest prior- I was the Deputy Secretary at the And you’re talking about wasting 9 ities, it has once again created tremen- Department of the Interior while the hours of precious time on this floor dous regulatory confusion. rapers and pillagers of the public land doing what you’ve already done. The new solar energy zones proposal, wanted all regulations to disappear. You’ve already issued the edicts of while potentially helping some solar They wanted to have open hunting for what you are going to do in this com- development, has left dozens of major minerals, for oil, for gas and coal on all mittee. I received it 2 weeks ago. energy projects and many jobs with no public lands. You’re going to explore this; you’re regulatory path forward. And you talked a moment ago about going to review that. Two weeks ago The regulatory confusion on Federal the pulling of that permit for that coal you told me, a new member of this lands is even worse for onshore oil and mine. They would, in that permit, level committee, what you intend to do, and gas production. Rule changes and regu- the hills of Appalachia, flatten them, now you’re wasting our time on this lations have cost billions in lost invest- ruin the streams, destroy, destroy, de- floor when we ought to be talking ments in the West. In my home State stroy. about jobs. of Colorado, there’s been nearly a 90 The regulations are there for a rea- We ought to be talking about China percent drop, a 90 percent drop in new son. They are there to protect the pre- getting ahead of us on tomorrow’s en- leases on Federal land. cious environment of America. And if ergy, wind, solar, solar thermal, all of A recent study by the respected it is your intent to do away with those those things. But no, no, we’re going to Western Energy Alliance has docu- regulations, then know this: You will talk about what you’ve already done. mented $3.9 billion in investment that have a fight on your hands. You did it 2 weeks ago. was diverted from the West in 2010 be- You will have a fight on your hands Why are you wasting our time when cause of red tape and overregulation by when you try to do away with the regu- Americans want jobs, when Americans the Department of the Interior. The lations that protect the men and want solid legislation like Make It In Western Energy Alliance estimates women on those drilling rigs from the America, using our tax money to buy this lost investment could have helped extraordinary accidents that happen in solar and wind equipment that is man- create upwards of 16,000 jobs in the deepwater drilling. ufactured in America? Why don’t we West. And these are high-paying jobs. But, my purpose here tonight is dif- talk about that? The administration is now examining ferent. My purpose here tonight is to Why don’t we talk about using our how to impose Federal regulations for ask why it is that the Republican ma- money, our tax money that we pay the first time on hydraulic fracturing jority has spent 5 weeks, 5 weeks lead- every day at the gasoline pump, about on Federal lands. This proposal would ing this Congress, and not created one American-made buses and trains? duplicate State permitting and create bill that creates one job, not one. Five But no, we’re going to talk about an unnecessary obstacle for American weeks, zero jobs. You ran on jobs. regulations. You already have told us energy development. Where are your job bills? what you’re going to do. Finally, no discussion of burdensome Your regulations are hiding—this Let’s talk about creating jobs. That’s regulations would be complete without whole debate is hiding something, be- what we ought to be doing here. We addressing the administration’s war on cause, as we speak, here you are in the ought not be wasting our time doing coal. Nowhere is this effort more evi- process of figuring out how to cut $100 what you’ve already done. You’ve told dent than their effort to rewrite cur- billion out of the Federal budget for us what you’re going to do. rent surface mining rules. The current the next 7 months. And, by the way, if you think for a rule was the result of years of environ- What does that mean? It means that moment you can do away with those mental review, public comment and national parks will close. It means that regulations that are protecting Amer- hearings, and responsible rulemaking. the clean water people that came to ica’s precious resources and lives, know The administration is now purposefully my office today will have no money, no this: You’ve got a fight. You’ve got a limiting public comment opportunities money to build the sanitation systems fight that you lost in the 1990s. You and rushing forward with a rule that, and provide clean water for their citi- lost it in the 2000–2008 period, and you by its own admission, will cost thou- zens in the rural communities that you will lose that fight because we are sands of jobs. were just talking about. about creating good, healthy jobs in Even worse, the Obama administra- What is this about? This is about hid- America that do not destroy the Amer- tion recently pulled a permit 3 years ing the ball. This is about wasting our ican environment. after it was approved for a coal mine time. When we ought to be talking Mr. HASTINGS of Washington. Mr. that was already hiring people. What about jobs, instead, you are hiding a Speaker, after hearing the last gen- sort of confidence can anyone have in $100 billion cut that will displace hun- tleman, I yearn for these open rules an administration and its regulatory dreds of thousands of workers in the we’re going to have. environment when issued permits can next 7 months. That’s what this is f be stripped away at whim? about. The SPEAKER pro tempore. The We’re talking about hiding the ball ANNOUNCEMENT BY THE SPEAKER time of the gentleman has expired. when it comes to the men and women PRO TEMPORE Mr. HASTINGS of Washington. I that maintain those very places you The SPEAKER pro tempore. The yield the gentleman an additional 15 talk about out there in the great west- Chair would remind all Members to di- seconds. ern lands. rect their remarks to the Chair.

VerDate Mar 15 2010 03:57 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.117 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H660 CONGRESSIONAL RECORD — HOUSE February 10, 2011 b 1950 This effort will either override or re- until 1900, to 79 years of age just 100 Mr. HASTINGS of Washington. Mr. place a number of existing State-initi- years later is we started to regulate for Speaker, I am pleased to yield 3 min- ated cooperative efforts with a feder- public health and safety for ordinary utes to the gentleman from Louisiana ally led planning process based on new people. Methuselah always lived to 900 (Mr. FLEMING), the subcommittee Federal guidelines. In addition, the ad- years. The wealthy always did well. chairman of the Fisheries, Wildlife, ministration has undertaken a process But only when regulation started to be Oceans and Insular Affairs Sub- to zone the Nation’s oceans and coastal put on the books to protect the meek— committee. areas. This process could reach far in- the water, the air, and the environ- Mr. FLEMING. Mr. Speaker, first of land and could override local planning ment in which people live—did ordi- all, I want to bypass the hysterics that and zoning processes. nary families start to benefit as well. have been going on tonight from some The SPEAKER pro tempore. The That’s what they want to take off the of our speakers and let’s talk about the time of the gentleman has expired. books. That’s the agenda of large com- things that are important to Ameri- Mr. HASTINGS of Washington. I panies across our country. cans. yield the gentleman 15 seconds. The SPEAKER pro tempore. The I have the great honor of rep- Mr. FLEMING. Clearly, this will time of the gentleman has expired. resenting the people of the Fourth Dis- have an effect on the jobs and eco- Mr. MARKEY. I yield myself 1 addi- trict of Louisiana. I have a deep and nomic livelihood on coastal and fish- tional minute. abiding appreciation for the coastal ery-dependent communities and could How do you create jobs? We haven’t wetlands and the thousands of jobs have a devastating economic impact on heard that yet. We haven’t heard that that are dependent on the health of the a range of ocean users. So, for that rea- yet. Well, they say drilling. Well, last Gulf of Mexico. We in Louisiana under- son, I stand in support and urge my year there were 4,700 new leases that stand that the offshore oil and gas in- colleagues to support this resolution as were granted by the Bureau of Land dustry is critical to our long-term eco- well. Management, but the oil industry only nomic survival. Mr. MARKEY. Mr. Speaker, I yield began drilling on 1,400 of them, only Despite the tragedy of the Deepwater myself 3 minutes. one-third. Mr. Speaker, the independent bipar- Horizon accident, the citizens of Lou- Now, we don’t really have to worry tisan commission on the BP oil spill isiana support environmentally safe going forward in the future, because at issued its final report last month. And offshore energy development, and they $100 a barrel plus, ladies and gentle- what did it conclude? Well, that the are growing increasingly frustrated, if men, the $40 billion in tax breaks that Deepwater Horizon that went to the not angry, at the Obama administra- the Republicans want to give to the oil bottom of the Gulf of Mexico, creating tion’s de facto moratorium that occurs industry over the next 5 years, we don’t the worst environmental disaster in today in the gulf, time delays that re- have to worry that they are going to go our country’s history, was not an iso- cently resulted in a Louisiana Federal drill, because they are going and drill- lated incident; that the problems were judge finding the Department of the In- ing. terior in contempt of court. This mora- systemic across the entire oil and gas industry. But why are we giving them $40 bil- torium has caused the loss of thou- lion? Why aren’t the Republicans out sands of jobs; it has increased our That report was a blistering, scalding indictment of the deregulatory envi- here as free market devotees saying growing dependence on imported oil, let’s take that $40 billion of taxpayers’ and it has contributed to the acceler- ronment which was created at the De- partment of the Interior that led inex- money away from the oil industry? ated increase in the price of gasoline. Why aren’t they doing that? Why are We have also heard an ongoing drum- orably, inevitably to this catastrophe, they going to allow the taxpayers to be beat of misinformation about hydraulic this environmental catastrophe. shaken upside down at the gas pump fracturing, which is a longstanding But are we here tonight debating leg- and have money come out of their practice that has been effectively regu- islation to implement the reforms that pockets for the rest of this year as the lated by the States for over 60 years. In the commission presented to the Con- price of a gallon of gasoline goes to my own congressional district, hydrau- gress in order to prevent another catas- $3.30, $3.40, all the way up to $4 a gallon lic fracturing is necessary for the de- trophe like this? No, we are not. We are again? velopment of the Haynesville Shale instead debating whether or not we play. should have fewer regulations, whether The SPEAKER pro tempore. The As a result of this energy activity, or not regulations that actually pro- time of the gentleman has again ex- our local and State tax revenues have tect against incidents like this hurt job pired. increased by at least $900 million in creation. Mr. MARKEY. I yield myself 1 addi- 2009 alone, and more than 57,600 new Well, ladies and gentlemen, what we tional minute. jobs in Louisiana have been created. learned from the Deepwater Horizon Because the real agenda here is to Let there be no mistake; if you add un- catastrophe was that lax regulation create as many red herrings as they necessary and strangling bureaucratic doesn’t save money; lax regulation can about the real agenda. As a matter red tape to hydraulic fracturing, the costs money. Lax regulation does not of fact, we can put an aquarium out net result is less jobs and less energy create jobs; lax regulation destroys here there are so many red herrings. As for this country. jobs. And in this case, lax regulation a matter of fact, so many red herrings As the chairman of the Sub- led to the loss of 11 lives and 155 other are being created by the Republicans in committee on Fisheries, Wildlife, individuals who were seriously injured. this debate that they wouldn’t be an Oceans and Insular Affairs, I will be Lax regulation, ladies and gentlemen, endangered species there are so many conducting comprehensive oversight leads to catastrophe. things that are taking us off the real reviews, hearings on several job-de- Boosterism breeds overconfidence, agenda that they are taking about. stroying regulations and policies that and overconfidence breeds disaster. And the real agenda is to make sure are being promoted by the Obama ad- That’s what happens in our financial that we do not invest in wind, that we ministration. markets. That’s what happens in envi- do not invest in solar. The most far-reaching and least un- ronmental and health regulation when And, by the way, in the Waxman- derstood of these policies are those you just trust the private sector to al- Markey bill that was passed that year, being proposed by President Obama’s ways do the right thing. Ladies and $60 billion was put in to the Waxman- National Ocean Council, which will add gentlemen, this is what happens when Markey bill for clean coal technology; additional layers of bureaucracy as the government doesn’t move in to pro- $75 billion was put into that bill for nu- well as a new zoning process for the tect the little guy, to protect ordinary clear technology that they could apply coastal and marine environments. Yes, citizens. for low-interest loans to build new nu- actual zoning out in the ocean. The The reason that we were able to clear power plants in our country, plus council is in the process of creating a move from the average age of death at wind, plus solar, plus geothermal, plus new layer of oversight over both rec- 48 years of age in the year 1900, after all the other things that we could do reational and commercial activities. 5,000 years from the Garden of Eden domestically in our country.

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.121 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H661 What we are talking about here, turn to that river as fully grown adults ability to use our forest resources in a though, is a different agenda alto- to spawn. But they are deliberately ig- commonsense fashion. As a further in- gether. It’s an agenda that will just nored in the population counts. To add sult, this manmade, bureaucrat-dic- allow the oil industry to go back to insult to insanity, as they tear down tated disaster resulted in a fire that business as usual without the regula- these dams in the name of saving the could have been prevented, and now we, tions to protect the public health and salmon, they are also tearing down the the American taxpayer, will be forced safety. fish hatchery that actually is saving to pay for it for the next 50 to 100 I reserve the balance of my time. the salmon. years. Mr. HASTINGS of Washington. Mr. Or we could begin in Colorado, where Enough is enough. A bureaucrat in Speaker, could I inquire how much they have sacrificed over 1,000 Washington, D.C., should not dictate time remains on each side? megawatts from the Glen Canyon Dam decisions that are best left to local The SPEAKER pro tempore. The gen- for the humpback chub—at the expense communities that have to suffer the tleman from Washington has 9 minutes of a long-neglected species called homo tragic consequences of government’s remaining. The gentleman from Massa- sapiens. actions. chusetts has 61⁄2 minutes remaining. Mr. Speaker, Ronald Reagan was Mr. MARKEY. Mr. Speaker, we only Mr. HASTINGS of Washington. Mr. right: In this crisis, government is not have one speaker remaining on our Speaker, I am pleased to yield 3 min- the solution to our problems, govern- side, so until the majority is down to utes to the subcommittee chairman of ment is the problem. The good news is one speaker, we would like to reserve the Water and Power Subcommittee, that it’s entirely within our power to the balance of our time. Mr. MCCLINTOCK, from California. correct, and it was clearly the mandate Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 2 b 2000 of the American people last fall, and we will act on that mandate beginning minutes to another new valuable mem- Mr. MCCLINTOCK. I thank the gen- with a series of hearings and actions ber of the Resources Committee, Mr. tleman for yielding. directly related to this much-needed JOHNSON of Ohio. Mr. JOHNSON of Ohio. Mr. Speaker, I know I speak for all of my Repub- resolution. lican colleagues on the Water and Mr. MARKEY. Mr. Speaker, I yield I rise today in strong support of House Power Subcommittee when I say that myself 1 minute. I do so just to say Resolution 72. For too long, the EPA, the Department of the Interior, and we are excited and eager to undertake that Democrats see high unemploy- other permitting agencies have held vi- the mission outlined in House Resolu- ment and we look forward. We recog- tally important energy projects hos- tion 72 to identify the Federal regula- nize that American ingenuity, innova- tage to their unreasonable job-killing tions in this field that are impeding job tion, and hard work can dig us out of creation and that are slowing the econ- demands. this hole by creating high-paying, long- In eastern and southeastern Ohio, our omy. The only problem we have got is term domestic jobs in new vibrant in- deciding where to start. unemployment rates are among the dustries. highest in the State, and we are falling A generation ago, the principal objec- The Republican majority, they see tive of our water and power policy was behind the rest of the Nation. But we high unemployment and they look are blessed with an abundance of nat- to create an abundance of both. It was backwards. They seek to increase the an era when vast reservoirs and hydro- ural resources that we could tap into already massive profits for huge inter- to create thousands of high-paying jobs electric facilities produced a cornu- national corporations and hope that on copia of clean and plentiful water and and economic opportunity, if the gov- their way to the bank they hire a few ernment would simply get out of the electricity, on a scale so vast that people here and there. many communities didn’t even bother way. Ladies and gentlemen, the great Over the last week, I met with my to measure the stuff. But that objec- challenge of our time is to not allow constituents at three town hall meet- tive of abundance has been abandoned China and Germany to replace OPEC as ings, and there was one message that in favor of the rationing of shortages the place from which we have to im- came through loud and clear: Get the that have been caused by government. port our energy technologies. If there government out of the way so we can The result is increasingly scarce and is no plan which is forthcoming from get back on the right economic track. expensive water and power that now the Republican majority, which so far Right now, there is a company that undermines our prosperity as a Nation. has not presented itself, because they wants to invest $6 billion in eastern Nowhere is that more evident than in have yet to have one bill that actually Ohio for a clean energy project that the Central Valley of California. creates one job come here onto the would turn coal to liquid while cap- This last Congress sat idly by as this House floor in the first 5 weeks that turing 85 percent of all carbon dioxide administration deliberately diverted they have controlled the majority, produced. This project would create at 200 billion gallons of water away from then I am afraid that the next genera- least 2,500 direct jobs that would help the most abundant agricultural region tion of young Americans will wonder revitalize the local economy. But at of our Nation, all to satisfy the envi- why all the solar and wind technology each and every turn, Federal regu- ronmental left and its pet cause, a 3- is being manufactured in China, and lators have moved the goalposts, mak- inch minnow called the delta smelt. they here in America are unemployed. ing it more and more difficult for this This willful diversion cost over 20,000 Mr. HASTINGS of Washington. Mr. project to get off the ground. farm workers their jobs. It inflicted up Speaker, I am pleased to yield 11⁄2 min- Mr. Speaker, eastern and south- to 40 percent unemployment rates in utes to the valuable new member of our eastern Ohio cannot afford to lose the the region. It destroyed more than a committee, Mr. GOSAR from Arizona. jobs this project would create. We can’t quarter-million acres of the most fer- Mr. GOSAR. Mr. Speaker, rural Ari- afford for the company to call it quits tile farmland in America. And it forced zona is under attack from overregula- due to what can only be described as up the price of groceries for us all. tion, out-of-control spending, and gov- Federal harassment. Or we could start with the Klamath, ernment redtape. The small businesses It is time that the Federal Govern- where this administration is pushing to that power my district can no longer ment gets out of the way so we can un- tear down four perfectly good hydro- compete. I just wrapped up a weeklong leash our natural resources, both on- electric dams that generate 155 tour of my district, and one thing was shore and offshore, to create high-pay- megawatts of the cleanest and cheapest clear: The Federal Government is in ing jobs and put us on the road to en- electricity on the planet, enough to the way and inhibiting my district ergy independence. We have got to get power over 150,000 homes, because we from creating jobs. Government agen- serious, Mr. Speaker, about our energy are told of catastrophic declines of cies have over-regulated our businesses future. salmon. out of existence. I encourage my colleagues to support When I suggested building a salmon Take for example the Schultz Pass this important resolution. hatchery instead, I was informed there Fire in Coconino County. Last year, a Mr. MARKEY. Mr. Speaker, I am the already is one. It produces 5 million 12-year-old girl, Shaelyn Wilson, lost last remaining speaker on our side. I salmon molt a year, 17,000 of which re- her life because of the government’s in- reserve my time.

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.122 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H662 CONGRESSIONAL RECORD — HOUSE February 10, 2011 Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. I tion of the same kind of environmental Speaker, I am very, very pleased to yield the gentleman an additional 15 disasters that have ravaged our coun- yield 2 minutes to another new member seconds. try over the years, the same kind of of the Natural Resources Committee, Mr. FLORES. And to add insult to in- economic collapse that was a result of the gentleman from Texas (Mr. FLO- jury, when asked if their regulations turning a blind eye to the shenanigans RES). had a cost benefit analysis, they said that went on in the financial market- Mr. FLORES. Mr. Speaker, one of the that they didn’t need them, that their place with the big Wall Street firms top concerns I am hearing from my rules were the most cost-effective in that were not given the proper over- constituents is the state of our econ- government. I strongly beg to differ. I sight, and on and on down the line. omy and jobs, and that is why I rise think that the arrogant nature of the So I want to just say again to the today in support of this resolution di- EPA and the administration is not majority that we want to work with recting the committees of the House to doing American business any favor or you on our committee. We want to examine and exercise oversight of Fed- American jobs any favors. Something work with you on the oversight that is eral agency regulations and their im- has to be done to stop this epidemic. necessary. That’s why we signed off on pact on the economy. I urge my colleagues to join me in the plan to do the oversight. I just The U.S. Department of Energy re- supporting this resolution. think that we have wasted an hour cently announced that we currently Mr. MARKEY. I yield myself the bal- here on an issue that we already agree have the highest gas prices in this ance of my time. upon; that we should be partnering to country that we have ever had during I say to the gentleman from Wash- make sure that wherever there is chi- the month of February, and it makes ington State that just 2 weeks ago we canery, wherever there is wrongdoing no sense for the Department of Interior passed by unanimous consent the over- that we should partner together to root to continue to resist access to our own sight plan which the majority has for sources of American energy. This is it out. the Department of the Interior, and the But I’m afraid that this is part of a critical, because our country’s eco- minority signed off on that oversight nomic health is tied to having a robust larger agenda that really seeks to de- plan over all of the regulations and all energy sector. stroy the wind and solar industries in Obama administration officials esti- of the various agencies that come our country, to cut dramatically the mated it would cost roughly 23,000 jobs under the jurisdiction of our com- low-income heating assistance that we if they enacted the deepwater drilling mittee. We did not fight that. give to the poorest people in our coun- moratorium, but it went ahead any- This debate tonight is something try, to keep the $40 billion in tax way. And to add further insult to that doesn’t really even have to take breaks on the books for the largest oil Americans, it also included a shallow place. The committee—our committee, and gas companies in our country even water regulatory permit slowdown. Re- the Natural Resources Committee—is as they are going to enjoy $100 billion cently a judge held the Department in already fully empowered to do all of worth of profits this year given to contempt for administration’s drilling the oversight that they believe is nec- them by tax breaks that are a hundred moratorium. essary, and we will be there joining years old, with the price of a barrel of with them where it is necessary to con- oil now at $100 a barrel. 2010 b duct that oversight. That is absolutely absurd, ladies and Congress and this administration can Coming back, though, to the central gentlemen. It is a squandering of the and should encourage private sector point, that’s something that we all limited resources that we have in our job growth, not hinder it with unrea- agree upon. What the American people country that should be spent on cre- sonable regulations. We risk losing want is to see what the agenda is for ating new jobs in the renewable energy more scarce jobs and more investment creation of jobs in our country. That’s sector and creating jobs by the mil- capital every single day due to the what has been lacking on the House lions that young people in our country ever-increasing weight of our Federal floor since the Republicans have taken want to create. They want to able to bureaucracy. Many of these regulations over the House of Representatives. And tell OPEC, We don’t need your oil any place significant burdens on manufac- that’s the most important agenda for more than we need your sand. turers and small businesses at a time our country. And I don’t believe that And as Mubarak is teetering, the one when our economy can least sustain we can accomplish that goal if the Re- message that we can send to the Middle them. According to the Small Business publicans continue with their objective East is the same message that Presi- Administration, Federal regulations of $100 million in profits going to oil dent Kennedy sent to Kruschev in 1961, cost American businesses between companies at the same time that they We are going to use our technological $8,000 and $10,000 per year per employee want to give $40 billion worth of tax might in order to fend off this threat and between $15,000 and $37,000 per breaks to them. that is posed to our country economi- American household each year. That is not really a good policy for One of the worst offenders of this reg- cally, militarily, diplomatically, envi- our country. That’s not going to create ronmentally. We are going to use this ulatory epidemic under the Obama ad- any new jobs. It would be better if we ministration is the Environmental Pro- as an opportunity. took that $40 billion, moved it over to tection Agency. Unfortunately, the ex- That is not what this debate is about. wind and solar and all-electric vehi- pansion of their power is not without That’s where we should move over the cles; that we moved it over to take cost. To name a few of EPA’s pending next weeks and months. My hope is care of the low-income people whose oil egregious actions and estimated con- that we can do it together. sequences: prices are just skyrocketing across this I yield back the balance of my time. One, a ban on the pesticide Atrazine, country, so that people don’t freeze in Mr. HASTINGS of Washington. Mr. which will result in a potential loss of their own homes. That would be a bet- Speaker, how much time do I have re- 45,000 ag-related jobs; ter use of that $40 billion instead of maining? Two, a mandate requiring the use of handing it over to the oil and gas in- The SPEAKER pro tempore (Mr. expensive and/or economically unsound dustry. We would create more jobs, we CULBERSON). The gentleman from renewable energy sources, causing a would protect people and keep them Washington has 11⁄4 minutes remaining. $5.2 trillion cut in our GDP, a $2,400 cut safe in their own homes, and we would Mr. HASTINGS of Washington. Mr. in household incomes per year, and the have a better balance for where this Speaker, I yield myself the balance of loss of more than 1 million American country should be going. Instead, we’re my time, and I appreciate my friend jobs; here debating oversight of these agen- from Massachusetts’ willingness to Number three, new unsubstantiated cies, and we agree with the need to do work with us on this very important ozone standards costing $1 trillion in so. issue. compliance costs and 7.3 million jobs We probably disagree over the extent But I want to make it very, very lost. to which we should deregulate them. In clear because there are some on the The SPEAKER pro tempore (Mr. fact, if we deregulate too much, if we other side that were suggesting that we HERGER). The time of the gentleman take too many regulations off the want to do something that we’re not has expired. books, we’re just going to see a repeti- even debating here, and that is to wipe

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.124 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H663 every regulation off the book. No, what nal intent of many of the agencies that At a time when our economy is we are trying to do here is to look at have come into being over time. struggling to recover, we can’t afford the regulations and see where perhaps I will tell you that the motivation to have anything other than a sensible they are not being carried out as Con- for me, after my professional career and competitive regulatory code. It gress intended them. And I think spe- prior to Congress, that the motivation must be the mission of this Congress cifically what we want to do, since this for me in addressing this issue of regu- and our government to improve the President took office, even though we lations doesn’t come from feeling that competitiveness of the United States should have done that with past Presi- standards are wrong, but that so many and the global economy and thus cre- dencies on both sides of the aisle, but regulations impede or prevent actual ate jobs. since this President took office, the job growth and innovation. The resolution we consider tonight scope and reach of the executive The question that I’d asked time and represents an important first step in branch has greatly expanded as has again over the period of the last Con- the process by learning to develop eyes been documented by just about every gress, particularly last year, was: to see the roots of the problem and the speaker and even acknowledged by Where are the jobs? impositions on businesses. Again, this speakers on the other side. And the With this growth of a regulatory is not anti-regulation. It is asking the question, Mr. Speaker, is: Why? And state, what we do not understand are question: Why are we accepting a regu- what is the cost to our economy and those impacts on business owners, who lation? What are the impacts of it American jobs? need predictability in order to hire going to be? It is allowing those who Congress has an obligation to look people. We can have fine sounding lan- are being regulated to be part of this into this and to hold the administra- guage about the intent of legislation, discussion, and more than comments tion accountable—and any administra- which might sound okay here in the from the Federal Register that are tion, for that matter, in the future. So, Chamber, but as we know from the very rarely heeded by the agency com- Mr. Speaker, what we are doing here health care bill and others, many Mem- munity. tonight and what this resolution on the bers didn’t read the bill, didn’t under- It is important for us to reform the floor that we are debating by virtually stand the secondary effects that would code and to reform the process of how all committees in the House is simply come from implementing policy, and we view that code so that there is starting that process. And I look for- left regulators with a near impossible transparency and accountability and a ward to working with my friends task. And many of the rules that have check and balance that the American across the aisle because we appear to begun to come out on this are nearly people have, not only on us but on the have common ground. impossible to implement effectively executive branch as well. and in a cost-effective manner. With that, I yield back the balance of We’ve just entered our 21st straight I would say that any reforms in gov- my time. month of at least 9 percent unemploy- ernment should be bipartisan. This ment or more. As Americans across the b 2020 should be one of those—first for the in- country continue to look for work, Mr. DAVIS of Kentucky. I yield my- stitution and second for the people we Members of Congress have a responsi- self such time as I may consume. represent to create jobs. We can re- bility to ask ourselves: Are we ade- Mr. Speaker, I rise in support of H. move a great deal of that unpredict- quately addressing job creation by re- Res. 72. It instructs the Committee on ability and give certainty rather than moving the barriers to growth and cre- Ways and Means, as well as nine other create an adversarial relationship be- ating conditions that encourage busi- committees, to review existing, pend- tween the executive branch and the nesses to hire? In industrial engineer- ing, and proposed regulations and or- people who create the jobs and who pay ing language, we would call that ask- ders from Federal Government agen- the taxes, and I am speaking specifi- ing the questions: Is this a non-value- cies and to focus on their impact on cally to our small business owners. the Nation’s economy. This resolution is necessary because adding regulation? Does it add value to In listening to the stories I hear to- the ever-expanding regulatory code is safety in a true and tangible form? night from both sides, one thing that I far too complex and burdensome. Regu- For example, half of all the regula- would like to say for the record is that lations are the off-budget hidden cost tions in OSHA have nothing do with oftentimes our discussion about regula- of government impeding Americans’ actual safety. They have to do with pa- tions gets caught up in unnecessary ability to create jobs. The Small Busi- perwork compliance standards that emotion and ideology. ness Administration estimates the an- could shut a business down. This is not One point that I would like to make nual cost of Federal regulations in the a statement against the importance of is that so much of what we address are United States exceeded $1.75 trillion in industrial safety. It’s simply asking process issues. When we increase com- 2008, almost double the amount of all the question so as to remove excesses plexity—and I’m speaking as an engi- individual income taxes collected last and remove extraneous overhead. The neer, not as a Member of Congress—we year. agencies will be more efficient, and we can reduce effectiveness. I am not op- Both sides agree all the time on the will be much more effective in creating posed to regulation, but I am a strong ability to refine regulations. I would jobs in the private sector. supporter of sensible regulation, of say that the Government Reform Act For the past 2 years, the answer to honestly looking at the secondary and was only used one time in its existence one question is simply that we have tertiary effects of regulations that ei- since 1995 to stop a regulation that was not been adequately addressing job cre- ther come from poor legislation that going to be considered unnecessary or ation by removing these barriers to was too broadly written or from com- too costly. growth and encouraging businesses to promises so great, so elastic that the There is a program through the hire. From the failed stimulus package bills were thrown over the wall to Small Business Administration to ad- to the misguided attempt at health agencies that may or may not act dress regulations and their costs over care reform to financial regulatory re- within the intent of Congress and are time. In coming out with their top 10 form, American businesses have been not working closely with those who are regulations for review in that time, the hit with an explosion of new taxes and regulated. only thing that has been done out of regulations. They increase the cost of I think it is of constitutional impor- thousands and thousands of regulations doing business, and therefore make it tance for our body to make sure that that have been reviewed or pushed for more difficult for businesses to hire. we work together with those who are reform was to simply remove a with- For small businesses that have less regulated and with those who are the holding of payment to architects and than 20 employees, the regulatory bur- executive agencies that we oversee to construction companies doing govern- den amounts to an average of $10,585 ensure that there is a high-quality out- ment contracts. That’s not affecting per employee per year. These small come and that our communities are the core of this, which is our tax-pay- firms have been responsible for 64 per- not unreasonably burdened with the ing base—the ability to create the jobs cent of the net new hires over the last objective that is defined. Much of that that generate the taxpayers that fund 15 years and could play a role in low- context has gotten lost from the origi- the government. ering our unemployment rate if the

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.126 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H664 CONGRESSIONAL RECORD — HOUSE February 10, 2011 regulatory burden on them were re- those rules already on the books or this week regarding trade adjustment duced and brought into a scale of con- those that have been proposed. Presi- assistance is really incomprehensible text for their size versus a very large dent Obama has also ordered his agen- and, I think, disgraceful. This Congress business. Excessive regulations can cies to review rules and proposals that is going to leave town tomorrow. On also have a direct impact on American may be hindering job creation or eco- Saturday, the extension of TAA ex- families, many of whom are already nomic growth. However, H. Res. 72 is pires, the 2009 extension. And what’s struggling to make ends meet, by in- superior to the President’s review in going to happen? Tens of thousands of creasing the cost of food, medicine, several important ways. people, who will be laid off because of doctor visits, and utility bills for basic First, the resolution before us would trade, will no longer be able to be cer- services such as electricity, water, and ask the House committees to review tified—tens of thousands. They will be sewer rates. regulations rather than the agencies out of luck when they hit bad luck I am encouraged that President that created them and enforce them. through no fault of their own. Obama has recognized the potential The fox should not guard the henhouse. We’ve received all kinds of commu- negative economic effects of regula- Before even beginning the review re- nications from people in my State, and tions and rules in both his State of the quired by the President’s Executive I’m sure there are people like this in Union address and in a recent op-ed in order, the EPA announced that it was every single State. We heard from a The Wall Street Journal that followed confident that the review process machinist laid off, qualified for TAA, an editorial about a bill that I intro- would not result in the repeal or alter- and is now pursuing a career as a tech- duced last year called the REINS Act. ation of a single current or pending nician. He’s in a program that goes on This is not a partisan issue. Both Re- rule. for a few years. Before TAA was over- That is not internal oversight, and it publican and Democratic administra- hauled in 2009, States could not have goes against the clear, express will of tions have contributed to the massive approved training of that length nor the American people and their elected growth of government and to expand- have approved the prerequisite train- Representatives and Senators. In fact, ing the volume and complexity of the ing. when House Oversight Committee regulatory state. However, I am con- We heard of another worker, a serv- Chairman DARRELL ISSA called on busi- cerned that the President’s recent ice worker in the State of Michigan, rhetoric on regulation may be just ness and trade associations to identify regulations that burden their busi- laid off, qualified for TAA, and is now that—rhetoric. Despite these com- pursuing an associate’s degree. She’s ments, the administration has used the nesses, EPA rules were cited more than any other Federal agency. planning to complete her program in regulatory process, not the Congress, June of 2012. Before the TAA reforms of to advance elements of its agenda that b 2030 2009, service workers were not even eli- cannot be passed in the Congress. By passing this resolution, we will gible for TAA. After Speaker PELOSI forced the job- begin a regulatory review that is both We also know of another person who killing cap-and-trade bill through the objective and analyzes costs and bene- was laid off, a die helper, who’s quali- House of Representatives, the legisla- fits in real numbers. fied for TAA to continue training on a tion was stopped in a democratically Before being elected to Congress, I part-time basis. Only because of the ex- controlled Senate. In December of 2009, ran a small manufacturing consulting tensions of 2009, the changes, the im- however, the Environmental Protec- business. What we did for a living was provements, could this person have tion Agency took matters into its own process improvement and flow manage- been in that training. hands, without the express approval of ment. In other words, we took inven- And then another worker in Michi- the Congress, to begin moving to regu- tory of a manufacturing facility’s proc- gan—and you know, workers through- late greenhouse gas emissions. esses. We understood the flow. We This raises serious questions of our out the country are like this—who sought to decrease complexity, remove learned that she would be laid off, peti- ability to control and provide oversight processes that didn’t add value, and in- of the executive branch on behalf of the tioned for TAA and began pursuing an crease the overall throughput and effi- M.A. degree before she actually lost constituents we represent. These regu- ciency of the facility, thus protecting lations would have disastrous con- her job. the existing jobs and creating more There are thousands of people who sequences for a weak economy. They jobs in return. That’s exactly what H. would result in higher energy costs, are going to be in this position, and be- Res. 72 asks the House committees to cause the majority in this House have which, in turn, will result in increased do with the Federal regulatory process. utility rates for struggling families and failed to act, there are going to be tens Removing and altering outdated, of thousands of people who will have no for the small businesses and manufac- costly or ineffective rules will stream- turers that employ millions of Ameri- place to turn in terms of training. line our regulatory code and make our Since the 2009 improvements, about cans. economy more competitive and invit- Any time a regulation or rule en- 177,000 people have been able to receive ing to investment and job creation. training—170,000—and now, beginning acted by an executive branch agency Even saving a small percentage of the can have this kind of impact and Monday, tens of thousands will not be $1.75 trillion that is currently spent on able to be certified for help. broad-reaching implications on our regulatory compliance each year by job Now, this isn’t only in the State of economy, it should be subject to the re- creators would free up capital which Michigan. It’s not only in the State of view of the Congress to be accountable can be reinvested into our economy to Ohio. It’s not only in the State of Indi- to our citizens and not a faceless bu- create jobs. reaucrat in an agency. Please join me in supporting this res- ana. It’s not only in Pennsylvania. This This was the idea behind H.R. 10, the olution so that we can begin the proc- is true throughout the country—true REINS Act, legislation that I intro- ess of reforming the Federal code and throughout the country—and essen- duced to provide greater account- get our economy moving and hiring tially, the majority here is leaving, ability and transparency in the rule- again. turning their backs on the people of making process. On all rules that have Mr. Speaker, I reserve the balance of this country. a direct economic impact of over $100 my time. So what happened this week was the million, the REINS Act would require Mr. LEVIN. I yield myself as much following: that a few groups outside of an up-or-down, stand-alone vote by time as I shall consume. this institution decided they did not both the House and the Senate and re- This is about oversight, and what the want to support the 2009 expansion of quire that they be signed by the Presi- majority is doing is losing sight of the benefits; and a group within this dent before they can be enforced on the needs of tens of thousands of workers House, the Republican Study Com- American public. in this country. What they are doing is mittee, issued a document urging Re- While the REINS Act reforms the overlooking the needs of the workers of publicans not to support the extension. process of how these regulations are this country. There are many, or some, Republicans approved going forward, the resolution Our committee has jurisdiction over in this House who were ready to sup- we are debating tonight addresses trade adjustment, and what’s happened port it, but they pulled back the bill,

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.127 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H665 and the document from the study com- Mr. DAVIS of Kentucky. Mr. Speak- The Internal Revenue Service (IRS) issued mittee has this as one of the reasons er, I yield 2 minutes to a distinguished a proposed rule in December 2008 and is why we should not step up to the plate. fellow member of the Ways and Means scheduled to issue a final rule to implement They said, under TAA programs, the committee, the gentleman from Cali- this counterproductive law in the near fu- ture. However, this is just the beginning of government picks winners and losers fornia, Chairman HERGER. the regulations that need to be altered and because TAA favorably discriminates Mr. HERGER. Mr. Speaker, I want to issued. The Federal Acquisition Regulations towards workers who lost their job due thank the gentleman from Kentucky (FAR) will need to be changed, and regula- to trade. Well, picking winners and los- for his leadership in working to bring tions for Medicare payment, farm payments, ers, what TAA does is to fill in gaps more congressional oversight to the and grants will also need to be modified. that were not filled in previously and regulatory process. The heavy hand of These are merely the federal regulations often gaps that were increased because overbearing environmental regulations that will need to be changed, but since this requirement flows down to state and local of the inaction of the now-majority of has struck my northern California rural congressional district in full governments (as an unfunded mandate), this House. every state and many city, county, and mu- And talking about winners and los- force. The Endangered Species Act, in nicipal governments will need to change ers, the losers are going to be the un- addition to regulations under the Clean their regulations and companies will have to employed people of this country, unem- Water Act, Clean Air Act and other en- learn to comply with these numerous and ployed through no fault of their own, vironmental laws continue to be en- likely divergent implementing regulations. unemployed, looking for work, who forced by Federal agencies and activ- The provision is already proving costly and ists to curtail irrigation water for fam- will increase exponentially as the implemen- will not be able to be certified for TAA. tation deadline moves closer. If this tax is This is a disgrace. And there are some ily farms and ranches, force commu- nities and developers to spend hundreds not repealed, it will cost companies and gov- people who will continue to be eligible ernments at all levels substantial amounts for TAA who are going to have to now of millions of dollars on environmental of money. These exorbitant expenditures will pay more for their health care if they ‘‘analysis’’ and even threaten public be at the expense of hiring new employees, can afford it. health and safety by delaying forest expanding businesses, and providing govern- When we put this together a few management to reduce catastrophic ment services at a time that neither the pub- lic nor private sector can absorb such unnec- years ago, this is what Senator GRASS- wildfire and much needed infrastruc- ture such as flood preventing levees essary costs. LEY said about the reforms, and I The Department of Defense in April 2008 quote, Today’s achievement is the re- and transportation improvements. An- other set of job-crushing regulations estimated that it would cost more than $17 sult of the dedication, hard work, and billion in the first five years to comply with commitment of many individuals. It is surrounds the 3 percent withholding the 3% withholding requirement, which far the culmination of years of effort, and tax that is set to go into effect next exceeds any estimated revenue gains due to I am confident that the result will year. This tax will cost far more in un- tax compliance. While this estimate may be serve to benefit American workers in funded mandates on small businesses reduced depending on how the law is imple- Iowa and across the United States for and State and local governments than mented, needless to say, the costs will be it will ever raise in revenue for the huge across all levels of government. years to come, end of quote. The Coalition believes this law and its cor- The failure of the Republicans to Federal Government. Mr. Speaker, tomorrow I will be re- responding regulations are a prime example bring this bill to the floor this week of wasteful requirements that have a nega- introducing bipartisan legislation to means that what Senator GRASSLEY tive impact on the economy and job-cre- said will serve to benefit American repeal the unfair 3 percent withholding ation. As you develop your agenda, we workers in Iowa and across the United tax. I would like to enter into the strongly urge you to consider the damaging States for years to come, that’s going record a letter from the Government effects of the 3% withholding tax and include its repeal among your priorities for this to end on Monday, because Saturday is Withholding Relief Coalition high- lighting this provision’s regulatory year. a weekend. People who are laid off be- Sincerely, cause of trade are going to hit a wall, burden and urging its repeal. I strongly support this resolution and look for- GOVERNMENT WITHHOLDING RELIEF a wall. COALITION. So we are in favor of oversight. We ward to stopping the regulatory as- Aeronautical Repair Station Association, made that clear earlier. We are also sault on my constituents and our Na- Aerospace Industries Association, Air Condi- sure we should not be shortsighted tion’s economy. tioning Contractors of America, Air Trans- GOVERNMENT WITHHOLDING port Association, America’s Health Insur- about the needs of productive people RELIEF COALITION, ance Plans, American Bankers Association, who want to work and cannot find a January 28, 2011. American Clinical Laboratory Association, job. Re: regulations and their impact on the American Concrete Pressure Pipe Associa- The person speaking on behalf of the economy and jobs. tion, American Congress on Surveying and Republicans, my distinguished col- Hon. DARRELL E. ISSA, Mapping, American Council of Education, league on the Ways and Means Com- Chairman, Committee on Oversight and Govern- American Council of Engineering Companies, mittee, talked about those who are out ment Reform, House of Representatives, American Heath Care Association, American of work through no fault of their own. Washington, DC. Institute of Architects, American Logistics DEAR CHAIRMAN ISSA: The Government Association, American Moving and Storage You mentioned 9 million. There’s a Withholding Relief Coalition and its 116 Association, American Nursery and Land- record number of people in this coun- member associations appreciate your inter- scape Association, and American Road & try who have been unemployed for a est in regulations that negatively impact the Transportation Builders Association. longer period of time than has been economy and jobs. We welcome the oppor- American Society of Civil Engineers, true in the past, and now all they ask tunity to highlight one specific issue that American Subcontractors Association, for, unemployment comp in many was the genesis for the creation of this coali- American Supply Association, American cases—they’re looking for work—and a tion: the 3% tax withholding mandate. This Traffic Safety Services Association, Amer- chance to be retrained. On Monday, for requirement is set to go into effect on Janu- ican Trucking Associations, Armed Forces ary 1, 2012 if it is not repealed. It will cost Marketing Council, Associated Builders and thousands that chance will be gone. jobs and waste significant amounts of time Contractors, Associated Equipment Distribu- b 2040 and money for companies as well as govern- tors, Association of National Account Execu- ments to implement. tives, Association of School Business Offi- That should not have happened. The 3% withholding law, which was en- cials International, Business and Institu- Mr. Speaker, I ask unanimous con- acted in Section 511 of the Tax Increase Pre- tional Furniture Manufacturers Association, sent that the gentleman from Wash- vention and Reconciliation Act of 2005 (P.L. California Association of Public Purchasing ington (Mr. MCDERMOTT) manage the 109–222) as section 3402(t) of the Internal Rev- Officers, Coalition for Government Procure- balance of the time on the Democratic enue Code, mandates that federal, state, and ment, Colorado Motor Carriers Association, side. local governments withhold 3% of nearly all Computing Technology Industry Associa- The SPEAKER pro tempore (Mr. of their contract payments, Medicare pay- tion, Construction Contractors Association, ments, farm payments, and certain grants. and Construction Employers’ Association of HASTINGS of Washington). Is there ob- Compliance with this law will impose signifi- California. jection to the request of the gentleman cant, unnecessary financial burdens on both Construction Industry Round Table, Con- from Michigan? the public and private sectors, with a dis- struction Management Association of Amer- There was no objection. proportionate impact on small businesses. ica, Design Professionals Coalition, Edison

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.129 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H666 CONGRESSIONAL RECORD — HOUSE February 10, 2011 Electric Institute, Electronic Security Asso- Mr. Speaker, as we come out to dis- the regulations so that the common ciation, Engineering & Utility Contractors cuss this resolution, H. Res. 72, I good is served. It doesn’t require House Association, Federation of American Hos- couldn’t but think of a story from the Resolution 72. We are here to track pitals, Financial Executives International’s Committee on Government Business, Finan- middle part of the United States of how money is being spent and that it is cial Executives International’s Committee America. There was a Methodist min- being done responsibly. That is the on Taxation, Finishing Contractors Associa- ister who fell ill, very, very seriously Congress’ constitutional responsibility tion, Gold Coast Hispanic Chamber of Com- ill, and the head of the board of dea- and has been for 224 years. merce, Government Finance Officers Asso- cons called the board together to have You would have thought that maybe ciation, Independent Electrical Contractors, a discussion about what they should do the people on the other side would have Inc., International City/County Management about the problems of the ailing min- figured this out, Mr. Speaker. We stood Association, and International Council of out here and read the Constitution. I Employers of Bricklayers and Allied ister. They had a long discussion. It Craftworkers. took, not as long as this debate will guess for some of them it was the first International Foodservice Distributors As- take, but it took 2 hours. And at the time they had ever read it but they sociation, International Municipal Lawyers end, by a vote of 4–3, with 17 absten- weren’t paying attention or something Association, Management Association for tions, they wrote a letter to the min- because this resolution is simply re- Private Photogrammetric Surveyors, Mason ister urging him to get well. stating what has always been our re- Contractors Association of America, Me- Now this resolution has about as sponsibility. chanical Contractors Association of Amer- Now it’s been 100 days, as I said, for ica, Medical Group Management Association, much effect as that letter to that min- Messenger Courier Association of the Amer- ister in central Illinois. Two years the Republicans in control of the icas, Miami Dade County, Modular Building ago—and what a difference a day House, and they have done not one sin- Institute, Munitions Industrial Base Task makes—January 28, 2009, this Congress gle thing to create a job. Nada. Nil. Force, National Asphalt Pavement Associa- passed the American Recovery Act. Zilch. Nothing. Not a single thing to tion, National Association for Self-Em- Seven hundred billion dollars that create a job in 100 days. We have 14.9 ployed, National Association of College & stopped the economic collapse in this million unemployed in this country. University Business Officers, National Asso- We have an intense economic competi- ciation of Counties, National Association of country, that got us started on recov- Credit Management, and National Associa- ery from the problems created by the tion with the rest of the world that we tion of Educational Procurement. previous administration. We did that in are in danger of losing if we don’t get National Association of Government Con- less than a hundred days. moving. We have a home foreclosure tractors, National Association of Manufac- We’ve been here a hundred days. crisis in this country. We’ve got two turers, National Association of Minority wars. We’ve got huge energy and envi- Contractors, National Association of State There used to be a TV program I liked when I was a kid called This Is The ronmental issues to deal with and an Auditors, Comptrollers and Treasurers, Na- economic system that’s falling further tional Association of State Chief Informa- Week That Was. Now let’s review this tion Officers, National Association of State week that was. I arrived back from Se- and further behind the rest of the Procurement Officials, National Association attle and on the calendar were two world. We do not lead the world in col- of Wholesaler-Distributors, National Beer bills. One was a bill to deal with, as the lege graduates per capita. We are about Wholesalers Association, National Corn gentleman from Michigan has sug- sixth or seventh or eighth, somewhere Growers Association, National Council for down there. Other countries are pass- Public Procurement and Contracting, Na- gested, the problems of workers who have been displaced by trade, the so- ing us because of our inaction. tional Defense Industrial Association, Na- And what do we do? The Republicans called Trade Adjustment Act, TAA. tional Electrical Contractors Association, say, let’s go out and waste the 10th of and National Electrical Manufacturers Asso- That was one bill. The other bill was a February. Now, instead, the Repub- ciation. bill to extend the Patriot Act. I don’t licans are having us working for two National Emergency Equipment Dealers know what the leadership on the other Association, National Federation of Inde- whole days to tell the House of Rep- side was thinking. Maybe they can’t pendent Business, National Institute of Gov- resentatives to do its job. For heaven’s count. But the bill to extend the Pa- ernmental Purchasing, National Italian- sakes, what a silly piece of legislation. American Business Association, National triot Act went down in flames. They This bill is an insult to the American League of Cities, National Precast Concrete then pulled the bill on extending TAA. Association, National Office Products Alli- people. It’s an insult to the people who That was Tuesday. work here, and they don’t even seem to ance, National Roofing Contractors Associa- Then we came to Wednesday. That understand they’re insulting them- tion, National Small Business Association, was the day they brought the bill in, a selves, as though they didn’t know National Society of Professional Engineers, meaningless bill, messing with the and National Society of Professional Sur- what their job was. It’s like Nero fid- United Nations funding, that didn’t veyors. dling while Rome burned. The House is save one single dollar but simply said National Utility Contractors Association, sitting here while millions of Ameri- National Wooden Pallet and Container Asso- we weren’t going to pay our dues to cans are unemployed. They’re selling ciation, North-American Association of Uni- this, then that section of the United form Manufacturers & Distributors, North their belongings. They’re emptying Nations that somebody didn’t like, and their 401(k)s. They’re doing everything Coast Builders Exchange, Office Furniture so they decided they’d come out here Dealers Alliance, Oregon Trucking Associa- possible to stay afloat. and make a big show about the United tion, Plumbing-Heating-Cooling Contrac- b 2050 tors—National Association, Printing Indus- Nations. That bill went down in flames. tries of America, Professional Services Coun- Now the week has not been a total Now, this isn’t 1930. In 1930, what peo- cil, Regional Legislative Alliance of Ventura loss. We did change the name of a ple did was, they took what few belong- and Santa Barbara Counties, Santa Rosa courthouse; we did it on Wednesday, ings they had, went out, put it on the Chamber of Commerce, Security Industry and I think we got something to go top of the car, drove to California, and Association, Service Disabled Veteran home and talk to our people about in found a job. That’s what people did. Owned Small Business Council, and Sheet our districts. But every day, millions of Americans Metal and Air Conditioning Contractors Na- And now we’re to Thursday. Here we tional Association, Inc. can’t move to take a new job because Shipbuilders Council of America, Small are spending 9 hours out here on a they can’t sell their house because Business & Entrepreneurship Council, Small meaningless piece of legislation. It is their homes are under water, according Business Legislative Council, TechAmerica, truly a sad day for the House that we to the banks. In Seattle today, one- Textile Rental Services Association of Amer- are spending another day not helping third of the homes are under water. ica, The Associated General Contractors of the people of America. Not helping the Now, if you don’t think some fore- America, The Association of Union Construc- private sector create jobs. Not doing tors, The Distilled Spirits Council of the closures are coming out of that, you U.S., The Financial Services Roundtable, what the people sent us here to do. don’t understand how it works. There U.S. Chamber of Commerce, United States Early this morning, congressional rep- is a whole new underclass of unem- Telecom Association, Veterans Entrepre- resentatives and staff came to work on ployed, undertrained Americans who neurship Task Force, and Women Impacting Capitol Hill to work for the American are not being helped to compete in the Public Policy. people. It is the job every day for Mem- world economy. Mr. MCDERMOTT. I yield myself bers and staff to oversee the agencies And while Americans across the such time as I may consume. of the Federal Government, to oversee country suffer, the Republicans come

VerDate Mar 15 2010 05:15 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A10FE7.035 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H667 out here with H. Res. 72. They are the minority, I should help the major- about it. But if you’re going to use a going to do nothing. The Republicans, ity rule. Now, the problem the Repub- wrecking ball and try to put in a the party of ‘‘saying one thing and licans are having is that what they ran voucher system and say to all the old doing another,’’ promised big action on on, that ‘‘ Big Government is the prob- people in this country, Hey, here’s your jobs during the election: If you elect lem,’’ isn’t true. Big Government is not voucher. This is an $8,000 voucher. Go us, we will get this country rolling the problem. No one wants Big Govern- out and find yourself an insurance again. So they have taken control of ment. What do we want that for? We’ve company that wants to give you insur- the House, and what do the American all been through TSA. We don’t want ance. Mr. Speaker, consider that idea. I people get? Instead of helping the pri- that stuff. mean, I don’t know how old the Mem- vate sector with a smart science, tech- But the government is not the prob- bers’ mothers and fathers are; but when nology, and energy investment policy, lem. The government is made up of you get to be 75 or 80, and you go out we are considering Republican legisla- Americans, good Americans who are with an $8,000 voucher and try to build tion on pornography. That certainly writing rules and regulations to do health insurance, you can’t do it, ex- makes a lot of sense if you don’t have things that Americans want. Ameri- cept by taking another $5,000 or $6,000 a job. cans want clean water. They want to be out of your pocket. Instead of compassionately and ener- able to drink the water. They want The seniors in this country spend al- getically helping the unemployed, the some water to irrigate their crops. ready one-third of their income on Republicans want to redefine the rape They want water for a lot of things. health care. They have got plenty of of women to keep some women who And it takes regulation because if you skin in the game. They don’t need any have been raped from getting abor- let anybody take as much water as more. But the Ways and Means Com- tions. You will see that one next week. they want, some people and some very mittee today is doing that rather than That’s going to be the great bill. important things are not going to get trying to figure out what it is that we Where’s the job bill? Where are the done. can do to make the law better. There job bills? I have no idea. There are They want clean air. Americans want wasn’t a single question about how can more 99ers every week. Now in case clean air. They know there is an epi- you make the law better. All it was you don’t know what a 99er is on the demic of asthma among children living was an attack on the man who ran other side, let me educate you. We have in cities, and they’re worried about it. CMS. The first question was, Do you an unemployment system that provides And they want regulations. They want still believe that the national health for unemployment insurance for 99 regulations in construction so that you system of Great Britain is the best weeks; and when it runs out, you are don’t create an epidemic of youngsters thing since sliced bread? The question done. And there are four or five people with asthma who fill the emergency wasn’t, Doctor, how can we help you for every job that comes up in Amer- rooms every night in hospitals in this make this law work more effectively ica. So if you go out looking for a job, country. for the American people? you have a one in four chance of having Now, the American people want fair- There is an extreme agenda here, and any chance at getting it. And yet these ness. They want the rule of law. They it won’t be helped by retooling the 99-weekers are piling up all over the want laws fixed that don’t work. Some- message. Now, the other thing that is country because they’ve run out of times you pass a law; and 10 years ago, kind of ridiculous about this whole their unemployment insurance, and the it seemed like a good idea at the time. thing is, we have an Oversight Com- Republicans do nothing about creating Things change. Things need to be mittee on the Ways and Means Com- jobs. changed. Sure, we ought to be doing mittee. We have a very distinguished Instead of intelligently debating ad- that. But you don’t need House Resolu- Member from Louisiana. Dr. BOUSTANY ministration plans in Afghanistan, tion 72 to tell you to do it. Common is a very smart Member of Congress. He Iraq, Iran, Republicans want to vote on sense would tell you to do it. And the is the ranking member on the Over- meaningless bills like the one I talked American people need the collective sight Committee. He does not need H. about with the United Nations that help that we can give them. The Amer- Res. 72 to tell him to do oversight. He save no money and don’t advance the ican people want effective government is a very thorough man. He is a cardiac U.S. interest in anything. that deals with people’s problems. surgeon. I mean, come on. This guy is The Republicans ran on a slogan, Mr. Now the Republican ‘‘fear and blame smart and able and can see what the Speaker: Government spending kills machine’’ is an old, tired, failed philos- problems are, and he doesn’t need these jobs. They are the extreme party of ophy that from time to time can be 10 hours out here flogging this resolu- ‘‘everyone for themselves,’’ no action used to scare the American people in tion so that we can then have our press for the common good. And now that an election. They did it in 2004. Re- releases. the Republicans have responsibility, all member the orange alerts and the Oh, they have is their message machine. God, yellow alerts. Oh, God, we’ve got b 2100 That’s what these 9 hours are about. to have 4 more years of the same stuff. The American people deserve better Just in case you haven’t broken the And we got 4 more years of it. In 2010, than this. They deserve us to put posi- code, they are all in their offices now, here they are again. tive proposals forward that will create Mr. Speaker, cranking out press re- We were over in the Ways and Means jobs, that will deal with the fore- leases: I’m going to take on this regu- Committee today doing oversight with closures, that will deal with the health lation. I’m going to take on that regu- a wrecking ball. Let’s wreck the bill care problems they have, that will deal lation. And somehow they think that that we passed last year on health with the energy problems, will deal those messages will get them reelected care. Now Bill Frist—you are not going with what’s happening in the world and in November of 2012. They are creating to call him a wild-eyed liberal. He used what’s going on overseas. a paper blizzard. Like we have had to be the majority leader in the Sen- And we are about to see in the budget some snow around here, well, this is a ate. Bill Frist said to the Republicans, that comes out what the priorities of real blizzard. Mr. Speaker, don’t repeal it. Fix it. But the Republican Party are. The budget Now when you try to govern without what we’re doing today is getting is a moral document. It is when you ideas, it doesn’t go over very well with ready to blow the bill out of the way so say what you really care about. And the American public, and slowly the that we can have the Paul Ryan road when you look at that document, you Republican leadership is hearing the to the end of Medicare and to a voucher will see what they really care about. feedback. What is the new Republican system. Paul Ryan vouchers for every Mr. Speaker, I urge my colleagues to response? They say the need to ‘‘retool senior citizen in this country is the vote ‘‘no.’’ their messaging.’’ goal. And that oversight is really set to I reserve the balance of my time. Since we have to waste the people’s blow apart any chance of developing Mr. DAVIS of Kentucky. Mr. Speak- time on the floor today on this mean- better law than we got through here er, returning to the subject of regula- ingless resolution, I thought I should last year. tions and its impact on the creation of try and be helpful to the Republican ef- It would work better if both sides jobs and the need to create jobs to cre- fort. It’s my civic duty. As a member of worked together, there’s no question ate taxpayers, I yield 2 minutes to the

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.133 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H668 CONGRESSIONAL RECORD — HOUSE February 10, 2011 gentleman from Nebraska (Mr. SMITH), Mr. MCDERMOTT. Mr. Speaker, I re- thing like $50 billion or something to a distinguished new member of the serve the balance of my time. bail ourselves out of. It wasn’t the fact Ways and Means committee. Mr. DAVIS of Kentucky. Mr. Speak- that we didn’t have the right rules and Mr. SMITH of Nebraska. Mr. Speak- er, it is a privilege to yield 2 minutes regulations; we just weren’t enforcing er, I rise in support of today’s resolu- now to the gentleman from Minnesota them. tion directing committees to review (Mr. PAULSEN), a distinguished member Then we had Enron went on down in existing, pending, and proposed execu- of the Ways and Means Committee. Texas, and we had the Exxon Valdez, tive agency regulations. Congress is Mr. PAULSEN. Mr. Speaker, I want and you look at all these issues. charged not only with legislating but to rise also in support of this resolu- We need regulation and enforcement with also overseeing the implementa- tion which directs committees to re- to make sure that the people are pro- tion of legislation. view Federal agency rules and regula- tected. It is our job, in part, to protect Agencies continue to promulgate tions which indeed may unfairly harm the American people from the capi- blanket rules which ignore Congres- the ability to create jobs and grow our talist system. The capitalist system is sional intent. Forty-three major regu- economy. not bad. It simply doesn’t have any lations were published by executive I continue to hear on a pretty regular morals. It is designed to make money. agencies in 2010, and another 191 are basis from my small businesses in my That’s all it’s about. currently in the works. These regula- community in Minnesota about new And the regulations that are put in tions marginalize small businesses and rules and new proposed regulations are, in large measure, to protect the communities which have less ability to that absolutely could hamper their op- American people from the excesses of absorb the cost of compliance. Small erations and opportunity for growth. the economic system. And if we don’t towns in Nebraska, for instance, are I’m just going to give a couple of exam- do that, we don’t do our constituents spending millions of dollars installing ples real quickly. what they sent us here to do, which is water treatment facilities and electric I’ve heard from financial service to represent them and protect them. generation units to comply with EPA companies in my district about a rule We think about protections in terms standards which continue to be arbi- that the Department of Labor is pro- of, you know, things overseas and mis- trarily changed, regardless of the posing now that fundamentally siles flying in from somewhere and all science. These people are, in good changes a 35-year-old definition of ‘‘fi- that kind of stuff, but there is more faith, purchasing lower emission units. duciary’’ under ERISA. Now, if imple- damage done to American people by They want to comply with the law, Mr. mented, this new rule would cause a what happens here in this country by Speaker. But cities and residents can major disruption to the marketplace our own companies to the water and no longer afford higher prices because and directly result in higher costs and the air and the land and the air we of these arbitrary and inconsistent reg- severely limited access to much-needed breathe. So it is very important that ulations. It’s not fair, and it’s not good products and services to consumers. we do this. We should be doing contin- government. I’ve also heard from some of my med- uous oversight. And in some instances, I would also like to touch on some ical device companies in my district we should be tightening the regula- Medicare regulation, which has the po- that are leading the world in devel- tential to disproportionately hurt rural tions. oping these new lifesaving tech- The banking system that collapsed hospitals. Medicare outpatient physi- nologies. And there’s a new rule now collapsed because we allowed Wall cian supervision requirements have a that’s been proposed by the Depart- serious impact in my district and I’m Street to have a heyday with deriva- ment of Transportation which would sure many others. For the last 2 years, tives and said, you know, do whatever require finished medical devices and Medicare rules for outpatient hospital you guys think is right. What they other products that contain lithium procedures have included a provision to thought was right was to gamble with batteries to now be shipped as haz- require a medical doctor be on site for our pensions and our people’s savings, ardous cargo. Now, this is going to even the simplest of procedures, for ex- and the whole system collapsed. And have a devastating impact on the pro- ample, a phlebotomist taking a blood we’re digging our way out of it. duction of pacemakers, defibrillators, sample. Certainly, I don’t think that And to come out here and say what and neurostimulators. was congressional intent. we need is to remove regulations is Without the current temporary sus- This is a new requirement that would simply not—doesn’t make sense, and it pension of this rule for small rural hos- severely disrupt the medical industry’s shouldn’t make sense to anybody who pitals, many critical access hospitals just-in-time delivery system. It’s going thinks about it for 1 minute. And I in my district would not have the man- to lead to bottlenecks in the supply urge my colleagues to vote against power to perform outpatient proce- chain, and it’s going to delay access to this. It’s useless. It’s stupid. Every dures on a regular basis, the result for care for patients all over the country, committee already has an oversight patients being lengthy travel to larger even though these devices pose no de- subcommittee and they will do it, and cities for care, be it routine care or monstrable safety risk. I think that there is no reason to pass otherwise. And it isn’t just medical devices, Mr. this. This regulation is also having a nega- Speaker. The regulation is also going Mr. Speaker, I yield back the balance tive impact in more urban areas. Yes- to have a significant impact on ship- of my time. ping of everyday technologies. All in terday I was speaking to a group of b 2110 physicians from Nebraska, and one all, it’s estimated that this new regula- shared with me his ability to remotely tion alone is going to cost about $1 bil- Mr. DAVIS of Kentucky. Mr. Speak- order a CT scan at the hospital when lion annually to the economy and these er, in closing, I find some degree of he knows such a procedure is nec- businesses. irony in the gentleman’s comments essary. Mr. Speaker, these are just a few of that anybody saying that we need to do The SPEAKER pro tempore. The the examples, and we’ve heard others away with regulation was stupid, be- time of the gentleman has expired. tonight of some of the burdensome reg- cause the President of the United Mr. DAVIS of Kentucky. I yield the ulations that are out there and being States stood in this Chamber last gentleman an additional minute. proposed, and it clearly outlines the month and was citing specific regula- Mr. SMITH of Nebraska. However, need for some oversight and reform. tions that were redundant or were in- the hospital cannot begin the scan I ask for support of the resolution. appropriate. until after he arrives at the hospital to Mr. MCDERMOTT. I yield myself the The resolution that we have been de- oversee the scan, although not even balance of my time. bating tonight is a critical step toward necessarily perform the scan. Mr. Speaker, I’m just sitting here restoring our economy and getting As a cosponsor of the REINS Act, I thinking about this whole business Americans back to work. I would like also applaud this effort to begin curb- about regulation. Since I’ve been in to point some context out on this. ing unchecked agency regulation ham- Congress, when I arrived here we were I think we have 100 percent agree- pering families, job creators, and the in the midst of the savings and loan ment in the Chamber tonight that we growth of America’s economy. crisis which cost this country some- want clean water and we want clean

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.134 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H669 air. I’m the father of an asthmatic We work very closely with the Vet- product daily to create the chemical child, two asthmatic children, I might erans Administration. As a former pH in your body to cause cancer in the add, who has been up all night and Army Ranger myself, I care very much first place. But that’s beside the point. made the trips to the ER and under- about our veterans coming home. And Here is the context of why we have to stands this. But there’s a significant the one thing I would say here, Mr. forcibly address regulations, and I will difference between the context of appli- Speaker, is that we do have a prescrip- point this out. cation there and dealing with some of tion drug diversion problem with older Mr. Bell suddenly found out that one the changes and the moving standards veterans in certain parts of the coun- teaspoon of water under 14 bore holes in the regulatory community that have try. under the pad was discovered. In that huge economic impact on our commu- I was approached by a group of doc- teaspoon of water were several parts nities. tors from the Veterans Administration per million of dry cleaning fluid. Guess I would like to cite three brief exam- who shared with me that they had been what. They said, ‘‘Well, you’re going to ples of different contexts of regulations banned by the Veterans Administra- have to remediate this.’’ Mr. Bell said, that need to be modernized or changed, tion general counsel from using the ‘‘I can’t afford to do that.’’ The re- or have lost their context. drug registries that are in the State of sponse from the compassionate Federal Again, we are not talking about an Indiana and the State of Kentucky, as agency that cares about jobs was, ‘‘If anti-regulation issue here. The fact is well as all other States in the Union you don’t remediate it, you are going that regulations have never been ag- that have these registries, from simply to shut it down.’’ That made him an gressively attacked. What happens is checking to make sure that the pa- activist. He was going to have that we layer another regulation on top of tients weren’t seeing a civilian doctor business shut down, every family work- an existing regulation. We increase the in another State or a civilian doctor in ing there, over one teaspoon of water, complexity of that. We create new or- Kentucky and going to the VA to get a and he had to spend effectively his life ganizations that do the same thing, double or triple dosage of the same savings of $60,000 to clean up one tea- costing more money, creating uncer- pain medications like Oxycodone and spoon of water, and it took him years tainty. And I think we have common selling it on the street or abusing it to recover. ground on the need for that reform. themselves to a degree. The doctor said Those are the stories. I appreciate all But let me give you the first example. the comments about caring about Clean air is a great concern to me. I to me, ‘‘I’m not interested in criminal workers. I care about those. My grand- grew up around the steel and the min- prosecution. I don’t want to kill my pa- father was a mine inspector after he re- ing industries as a small boy on the tients. I want to make sure they re- tired. I care about those issues. And I other side of the tracks and got to see ceive the best health care.’’ With a stroke of a pen, the general the bad things that were done. When think that it’s incorrect to try to cre- counsel of the VA has added to the the EPA came into being, there were ate this demonization of those of us complexity of this problem. I spoke to some good starts. Ironically, the real who just ask the question, why is that the head of National Drug Control Pol- efforts of true environmental remedi- there? We have regulations that not ation began in the States. Operation icy at the White House personally only impede jobs, but regulations that Scarlet in Pennsylvania began chang- about this, and he said his hands are make it so complex. ing the way the land was treated. Much tied and, ‘‘We are looking into that.’’ And I will speak with authority as an of that was copied by the Federal Gov- All of this impacts jobs ultimately. engineer on this. The more com- Finally, I will give a context of the ernment and changed our community plicated you make something, the small business owner who gets trapped demonstrably. But those days are long more likely you will have errors. Thus, in this before fully closing. We have gone, those good old days, and the com- many of the things that have been lots of great innovative small business plexity and the intrusiveness of the bu- cited tonight as reasons we need more reaucracy is even different to a greater owners who go out and they see an op- regulations are because we have got so degree. portunity, and they take the risk, usu- many that it can become arbitrary The Marathon oil refinery that’s in ally with their life savings, which may overnight. Catlettsburg, Kentucky, spent tens of not be much. We only had a few thou- I agree with the gentleman that we millions of dollars in full compliance sand dollars when we started our busi- need to address these issues, but we with existing regulations. Long-term ness that became successful and sup- need to do them in a manner that is de- capital investments were made to deal ported a number of families for many void of emotion and with a technical with sulfur, nitrous oxide, and mer- years before I came to Congress. focus on what the numbers actually cury, other chemicals that were in po- My friend, Nick Bell, who started say. And, regarding regulations, let’s tential emissions, both in water and in Braxton’s Cleaners, was an entre- measure the right things, because we the air. And then, after these huge, preneur that wanted to take a chance don’t do that. What worked in 1960 is multiyear capital investments, the ball and build a dream with that. His cus- not necessarily applicable with the was moved again. It has crippled the tomer service is outstanding, and peo- technology and the tools today. ability of that specific facility to grow ple flock to him for the responsiveness, Reviewing all current and proposed and to create jobs. the creativity, the initiative, the kind- rules is the first step. We should do it, That is what I’m talking about, con- ness of his people. He implemented because successful businesses, success- text and predictability. Having over- home delivery and suddenly wanted to ful schools, any successful institution, seen long-term capital investment set up satellites. So many people were even, I guarantee you, the champion plans in the manufacturing industry, coming to him for business, he realized Green Bay Packers, review their play- when you have to take 10 years, you he needed to put another dry cleaning book on a regular basis throughout the cannot afford to have that lack of pre- machine in place. One would think season to make sure that they were dictability. This is what we are talking that, to support more customers, we adaptive and agile for that great game about. could do that. we saw last week. At a closer level to home, we talk He suddenly found out, as he bumped Reviewing it is a necessary step for about veterans a lot here, we talk up against the Division of Water and us, and it’s one that by reviewing this about prescription drug problems, drug the Environmental Protection Agency will not hinder economic growth; it addiction issues. That’s something I for the first time, that he had to do a will help it. It will free people to care very much about. Growing up in a soil sampling under the pad, the con- achieve, to fulfill the spirit of regula- dysfunctional household and seeing the crete pad of his building, before putting tions and help enhance prosperity for worst of substance abuse or substance that second machine in. What he didn’t all Americans. On behalf of the Ways addiction in family members, I can know along the way was that an arbi- and Means Committee, we are eager to say, as somebody who has volunteered trary decision was made in another do our part in this task. for over 30 years to help people escape Federal agency that dry cleaning fluid The next step will be to change the from these kinds of things, that regula- was put on a list of carcinogens. As one way that major rules take effect in the tion in fact is helping to create a worse oncologist told me, you would probably first place. We need more account- problem. have to drink about 80 gallons of this ability up here. That is nonpartisan.

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K10FE7.136 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE H670 CONGRESSIONAL RECORD — HOUSE February 10, 2011 And the last administration, I am sure society are conceived through the federal rule- vania asked of me, and what the American that the gentleman and I could find making process. Consequently, federal agen- people demanded from this Congress, is for plenty of opportunity to point out reg- cies perform quasi-legislative functions and, in us to help build an environment where busi- ulations that were against the will of many ways, serve as an extension of Con- ness can create jobs. Congress that were being implemented gress. This notion of an unelected entity hav- Yet today, we are here considering a resolu- regardless of who was in the majority ing such tremendous impact on society rests tion that would give lip-service to creating here. For the sake of our Constitution uneasily with democratic theory. For this rea- jobs, but have no actionable results. H. Res. and the people who sent us here, we son, a critical feature in our democracy is to 72 simply instructs House Committees to re- should embrace that. control excessive bureaucratic discretion and view existing, pending, and proposed regula- To provide greater transparency and to ensure that rules and regulations promul- tions by federal agencies. These Committees accountability to this process, I look gated by federal agencies are consistent with are to then create an inventory of these regu- forward to the House moving forward the intent of Congress as expressed in the lations to report this information. Mister Speak- with the REINS Act, which will be a law. er, this is what our committees are already complement to H. Res. 72. I urge all of The Administrative Procedure Act (APA) of doing. These are the actions we are already my colleagues to support this resolu- 1946, exists for this purpose—to constrain ex- taking to ease the burden on the small busi- tion as the critical first step of opening cessive bureaucratic discretion through proce- nesses in this country. What productive action the eyes of the Congress, opening the dural requirements for agency decision mak- are we taking by debating and voting on our eyes of the American people to the im- ing, including setting goals and standards for Committees to fulfill a role in Congress that pact of these regulations honestly, and regulations, and ensuring public participation has already been defined for them? to alleviate job creators from not the through notice and comment. Other statutory This resolution is the epitome of the redun- burdens of legitimate safety standards, rulemaking requirements applicable to a wide dancy. I can say with certainty that H. Res 72 of legitimate standards to benefit our range of agencies include the Regulatory does nothing to reduce real regulatory burden communities, but those non-value-add- Flexibility Act, the Paperwork Reduction Act, on small businesses. Yet we are on the cusp ing overheads that are imposed upon us the Unfunded Mandates Reform Act, and the of adopting a rule that will have my colleagues that prevent the hiring and create un- Information Quality Act. These statutory re- charged in a debate for an extended amount predictability. quirements established a clear process for of time. This is what Americans see as the Let’s move forward. Let’s take the agency rulemaking and standard by which the problem in Washington. As they are strug- burden off our families from these ex- quality of regulations should be measured. gling, we are engaging in debate on a sym- cessive and unnecessary regulations, I appreciate the concerns of my Republican bolic measure that does nothing more than re- and create jobs and put America back friends that there are problems with many fed- iterate what we have already been charged to to work. eral regulations. Over the years, we have do as Members of Congress. What are we Mr. CANSECO. Mr. Speaker, I rise in sup- seen evidence of excessive bureaucratic dis- doing for our small businesses today? port of the H. Res. 72, the great engine of cretion that result in federal regulations being Small businesses create two-thirds of net America for the last 235 years has been inno- too burdensome, costly, counterproductive and new jobs each year in this country. It is our vation. American ingenuity is a tremendous even prohibitive. Critics argue that mundane duty to make sure that we help generate the source of pride in our nation’s history. Sadly, requirements have led to the ossification of best environment to allow these job creators this aspect of American life is reeling today the rulemaking process, which at times could to thrive. Some of the reasons we were all from a wave of new regulations that have mean years before the final regulations are elected to the 112th Congress was to help been added on top of an already complex reg- put in place. these small businesses and help our econ- ulatory system that costs money, jobs, and Meanwhile, federal regulations are derived omy. What we are considering today, will growth across every sector in our economy. from the laws that are enacted by Congress. produce no actionable result for either of these We’ve been told that more regulation is some- These laws are put in place to safeguard pub- two goals. how ‘‘good for us,’’ that a select few know bet- lic interest. Without federal regulations though, There is no question that the small busi- ter than our citizens how to make the day to we could have situations such as the recent nesses of America face a large burden when day decisions in our small businesses. But Deepwater Oil Spill in the Gulf of Mexico. The it comes to federal regulations. Federal regula- every time a teenager in our country is prohib- lack of regulatory oversight contributed to one tions now cost Americans $1.75 trillion each ited from entering the work force because his of the biggest oil spills in the country, in which, year; that’s up 50% from their annual costs in would-be employer has to comply with a new the deepwater well released about 200 million 2005. Federal agencies continue to add thou- health law and can’t afford his labor, we lose gallons or 4.9 million barrels of crude oil into sands of pages of new regulations which add the chance for that teenager to learn valuable the Gulf of Mexico, over a period of 84 days. to the already challenging task of creating a skills and perhaps create something special To prevent such environmental disaster in the small business. It’s estimated that these fed- later in his life. Every time a small bank in future, we need stronger federal regulations to eral rules cost $10,585 per worker for busi- West Texas is forced to comply with a law that ensure that appropriate standards are in nesses with less than 20 workers. This cannot came as a result of the irresponsibility of oth- place. be the environment in which we expect our ers, we lose the chance for that bank to ex- Mr. Speaker, I support a more common unemployment rate to turn around. It will take tend a loan to an entrepreneur that is capable sense approach to federal regulations. Federal a bipartisan effort to reduce this burden and of creating hundreds of jobs in a small com- agencies should strive to protect the public in- guarantee that our economy continues to munity. Mr. Speaker, Pecos County State terest and to ensure that proposed regulations thrive. Bank in Fort Stockton, Texas takes in 50 per- do not stifle economic growth and job creation. As a member of the Small Business Com- cent of the deposits of that town’s residents. For this reason, I am pleased that President mittee, I am determined and ready to work The cost to run their annual audit is now al- Obama has ordered a government wide re- with my colleagues on both sides of the aisle most four times as much as it was before the view of federal regulations to root out those to review these challenges and barriers faced onslaught of regulations we’ve seen passed in regulations that stifle job creation and make by job creators in this country. But I am sure the last two years. We cannot keep placing our economy less competitive. this can be accomplished with the rules al- these burdens on our small businesses. As the lawmaking institution in our system ready set in place for this body. What will Mr. Speaker, I urge this Congress to begin of government, we also have a responsibility hinder this process and do nothing for small the work of placing the responsibility and trust to ensure that federal agencies are given the business is a debate on the House floor for in our society back where it belongs—in the resources and better guidance to formulate nine and a half hours, as this rule sets in hands of the people. We must begin it now regulations that are consistent with the intent place, on instructing members to do what has before it’s too late. of the law. already been asked of them. After that time, Mr. FALEOMAVAEGA. Mr. Speaker, I thank Mr. CRITZ. Mr. Speaker, I rise today to re- how can Congress say that it helped foster the the Ranking Member of the Committee on mind this body of what the American people environment for small businesses to create Natural Resources, Mr. ED MARKEY, for the asked of us in November. They did not ask us jobs? How many jobs can we say have been opportunity to speak on this important issue. I to continue the parliamentary back and forth created as a result? also like to thank Chairman DOC HASTINGS for this institution has become known for; nor did What our small businesses need is action. his leadership. they ask us to stand around while small busi- What the American worker needs is action. Every year, thousands of federal rules or nesses are hurting on Main Street. What the What our economy needs is action, and today, regulations governing almost every aspect of constituents of the 12th district of Pennsyl- with this resolution, we have no action. I urge

VerDate Mar 15 2010 04:09 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 9920 E:\CR\FM\K10FE7.137 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H671 my colleagues to vote no on this rule, which ods between midnight and 6 a.m. Such com- tive view about the importance of the freight will result in no jobs for the small businesses plexity will only serve to hamper both industry rail industry as a critical component of our na- of America. compliance and motor carrier enforcement. tion’s transportation system, and impress upon Mr. SHUSTER. Mr. Speaker, I rise today in Now is not the time to impose costly new you the importance of maintaining the existing strong support of H. Res. 72, a resolution di- regulations that would impede the nation’s regulatory balance between the railroads and recting certain standing committees to inven- economic recovery and increase the cost of shippers. tory and review existing, pending, and pro- almost every product Americans produce and The passage of the Staggers Act in 1980 posed regulations and orders from agencies of buy. created a balanced regulatory system that has the Federal Government, particularly with re- Along with my good friend, the gentleman allowed the rail industry to build the world’s spect to their effect on jobs and economic from Missouri, Mr. GRAVES, I am circulating a best freight rail system, while protecting ship- growth. letter on this issue to be sent to the Secretary pers in areas where there is no effective com- While it is clear that across government of Transportation, Ray LaHood. I encourage petition. Since its passage, average inflation- there are tremendous amounts of red tape all of my colleagues to join in signing on to adjusted rail rates measured by revenue per that we must cut in order to more effectively this important letter. ton-mile are down over 50 percent and freight and efficiently spur job creation, I would like to SUBCOMMITTEE ON RAILROADS, PIPELINES, AND railroads have re-invested more than $480 bil- focus on four specific issues under the juris- HAZARDOUS MATERIALS ISSUES lion back into their operating networks. That diction of the House Transportation and Infra- As the Chairman of the Subcommittee on could not have been done—and will not be structure Committee. Railroads, Pipelines, and Hazardous materials, done in the future—unless the STB maintains FMCSA HOURS OF SERVICE there are three issues under my jurisdiction the current regulatory balance as con- Proposed changes by the U.S. Department that I want to draw attention to—two related to templated by the Staggers Act. of Transportation to hours of service rules for railroads and another related to hazardous Recently I joined with my senior colleagues truck drivers would have a substantially nega- materials. on the Transportation Committee, what we call tive impact on productivity and the U.S. econ- Put simply, the United States has the great- the ‘‘Big 4’’—the Chairman of the full Com- omy. est freight rail network in the world. Our sys- mittee, Mr. MICA, the Ranking Member of the The rules currently in place are working well tem is the most efficient and cost-effective in Full Committee, Mr. RAHALL, the Ranking and do not need to be changed. Since the existence, and relies on virtually no subsidies Member of the Railroads Subcommittee, Ms. current rules were implemented seven years from the federal government. Over a century BROWN, and myself, the Chairman of the Rail- ago, the trucking industry’s safety performance ago, America’s railroads opened the door for roads Subcommittee—in sending a letter to has improved at an unprecedented rate. Both economic expansion, literally ushering in the the Chairman of the Surface Transportation the number and rate of fatal and injury acci- great advancements in industry that sparked Board regarding maintaining the existing regu- dents involving large trucks have declined by America’s emergence as an economic power latory balance between the railroads and ship- more than one-third and are now at their low- on the world stage. By linking our coasts, rail pers. est levels in recorded history. The remarkable opened markets for goods and services in In our letter, we made it clear that any pol- reduction in the number of truck-involved fatal parts of our nation before rendered inacces- icy change made by the STB which restricts and injury crashes occurred even as truck sible. America’s railroads revolutionized trans- the railroads’ abilities to invest, grow their net- mileage increased by almost 10 billion miles portation, gave promise to freedom of move- works and meet the nation’s freight transpor- between 2003 and 2008, the latest year for ment and made business more efficient. That tation demands will be opposed by the Trans- which data is available. heritage continues to this day. portation Committee. If the proposed changes are implemented, Today, we find ourselves in the midst of a POSITIVE TRAIN CONTROL trucking companies will need to put additional new era of a freight rail renaissance. With Notably, these debates are occurring at a trucks and drivers on the road to deliver the 140,000 miles of track carrying almost two tril- time when the rail industry is at a crossroads same amount of freight, adding to final product lion ton-miles annually, freight rail is an im- dealing with massive new mandates and pro- costs and increasing congestion on the na- mense jobs generator and a major driver of posals that threaten to undermine our rail ren- tion’s already clogged highways. Small busi- the nation’s economy. In fact, the industry aissance. Recent unfunded mandates on the ness truckers would be especially hard hit. supports directly or indirectly over 1 million freight rail industry to retrofit equipment with On two prior occasions, the Federal Motor jobs, and 43 percent of all freight carried each Positive Train Control (PTC) equipment are Carrier Safety Administration (FMCSA) esti- year in the U.S. is moved by train—with de- expected to cost in excess of $10 billion, with mated that similar changes would cost the mand projected to grow. In order to meet this limited, if any, operational benefit. This man- U.S. economy $2.2 billion, inclusive of safety demand, it is essential that there is continued date will divert scarce capital from critical in- benefits. However, in the new proposed rule growth in rail capacity. vestments in one of the most capital-intensive FMCSA has changed its methodology for esti- SURFACE TRANSPORTATION BOARD businesses in the world. mating both the benefits and costs of changes Yet given their successes and self-reliance, The Federal Railroad Administration (FRA) to the hours of service rule, effectively de- the railroad industry appears to be in the issued a Final Rule in January 2010 to imple- creasing estimated annual costs by $1.5 billion crosshairs of the Surface Transportation Board ment the statutory requirement in the Railroad and increasing estimated annual benefits by (STB). The question is this: will America’s rail- Safety Improvement Act of 2008 to implement $1.1 billion in order to produce a positive ben- roads continue to be given the freedom nec- Positive Train Control (PTC) systems by De- efit-cost ratio. Further, the agency’s own anal- essary to grow their industry without direct in- cember 31, 2015 on mainline rail tracks that ysis shows that the net benefits of retaining terference by the federal government or will carry passenger trains or hazardous materials the current daily driving time limit exceed the the STB attempt to move to re-regulate the in- that are toxic by inhalation. net benefits of reducing allowable driving time dustry? Positive Train Control is a technology (or by one hour, the option favored by FMCSA. Re-regulation would be a potentially cata- combination of technologies) that is designed Frankly, it is very difficult to understand how strophic public policy that could erase 30 to automatically stop or slow a train before ac- FMCSA rationalizes its proposal on this fact years of positive growth in rail, and threaten to cidents caused by human error can occur. The alone. reduce the railroads to the ruinous decreases accidents PTC is intended to prevent include: In addition to encumbering the industry and in services and disinvestment not seen since Train-to-train collisions; a struggling economy, the proposed changes the 1970’s. I firmly believe that if the Surface derailments caused by excessive speed; would significantly challenge law enforcement. Transportation Board attempts to re-regulate unauthorized incursions by trains onto sec- Because the proposed rules are complex and this vital industry, it will be only a matter of tions of track where maintenance is taking restrictive, motor carriers could have difficulty years before our once self-reliant railroads will place; understanding them and enforcement officers be forced to rely on taxpayer dollars to invest trains moving through track switches left in could have difficulty accurately identifying vio- in infrastructure, safety and efficiency as fed- the wrong position. lations. For instance, in order to determine if eral mandates mount. A fully functional PTC system must be able a driver can legally claim to have met the con- The Surface Transportation Board has re- to precisely determine the location and speed ditions of a weekly rest provision, enforcement cently announced two hearings. One will re- of trains, warn train operators of potential officials would have to ensure that at least 168 view rail traffic exemptions while the other will problems, and take action if the operator does hours had elapsed since the beginning of the assess the competitive marketplace in which not respond to a warning. The type of acci- most recent weekly rest period, and that the the railroads operate. In connection with those dents that PTC systems are designed to pre- break included two consecutive nighttime peri- hearings, we would like to express our collec- vent are very rare. Of all train accidents on rail

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In fact, there are but PTC will yield just $608 million in benefits muter railroads will cost more than $2 billion— no confirmed fatalities associated with the lith- over the same period—a cost-benefit ratio of these agencies are already cutting service lev- ium batteries transportation that I am aware 20 to 1. els or raising fares because of the recession’s of. An April 2010 study by the consulting firm impact on local government budgets. The proposed rule grossly underestimates Oliver Wyman found that the so-called ‘‘busi- Additionally, most commuter railroads oper- the cost of the regulation to American busi- ness benefits’’ of PTC—reducing train delays ate over freight rail-owned track. These agen- nesses. The Department of Transportation and being able to move more trains through cies must ensure that the PTC technology analysis estimates approximately $9 million congested sections of track—are actually very they install on their commuter systems is inter- per year in cost to the U.S. economy. But ac- low or nonexistent. In fact, systems very simi- operable with the systems that their host rail- tual costs to hundreds of businesses—battery lar to PTC that are currently being imple- roads put in place. manufacturers, consumer goods manufactur- mented in Europe do not support that claim Because of issues like interoperability, there ers, freight handlers, and air transportation that PTC will yield significant business benefits is real doubt that PTC can be successfully im- companies—could easily top $1 billion a year. for U.S. railroads. plemented by December 31, 2015. I believe the Department of Transportation The manner in which FRA determined which There is also a severe shortage of available analysis did not take into account: track will be required to have PTC installed broadband spectrum for the wireless commu- Additional annual payroll and internal han- has caused a great deal of concern in the rail- nications networks that are central to PTC im- dling costs, road industry. Many provisions of the Final plementation. The Federal Trade Commission Administrative costs associated with negoti- Rule go well beyond the statutory require- has authority over allocating spectrum, and ating and executing hazardous materials con- ments of the Railroad Safety Improvement the FTC decision process is slow and cum- tracts for customers shipping these newly-reg- Act. These provisions add hundreds of millions bersome. ulated goods, of dollars to costs, but will not improve safety Instead of penalizing the rail industry for its Adverse impacts on retail shipping outlets, Potential layoffs associated with the burden- in any meaningful way. success, Washington should be promoting In the final rule, the FRA orders railroads to new investment and expansions in service to some requirements, and Commercial consequences from potential install PTC on rail lines that carried toxic-by- keep America’s railroads in the driver’s seat of the global economy. That’s why I support tax lithium battery shipment consolidation. inhalation hazardous materials in 2008. Noth- The United Parcel Service alone estimates credits for the expansion and rehabilitation of ing in the law refers to using 2008 as the base this new regulation would cost the company the nation’s rail infrastructure. year for determining where PTC must be in- $264 million in the first year, and more than stalled. Tax credits are a proven and effective policy tool to encourage businesses to invest in $185 million in each following year. As it currently stands, the Final Rule will re- This proposed rule threatens to stifle job worthwhile projects. Because the railroads still quire that approximately 70,000–80,000 miles creation and industrial advancement, and af- pay for their projects under tax credit plans, of rail miles have PTC systems installed, fects a wide segment of the economy, includ- tax credits ensure that the railroads will only about half of the total Class I railroad ing U.S. manufacturing, transportation, and re- pursue projects that will grow their businesses, 160,000–mile national freight network. tail sectors. It will also give foreign cargo car- and ultimately expanding the economy. Direct The decision to use 2008 as a base year for riers a competitive advantage over U.S. com- grants, on the other hand, could be seen as determining which tracks require PTC imple- panies. mentation makes no sense, because haz- ‘‘free money’’ that would not be subject to the Transportation regulations for lithium bat- ardous materials routing in 2015 will be vastly same rigorous business decisions. There are teries have been extensively considered by different than in 2008, for the following rea- two tax credit bills that I support, including a international bodies such as the United Na- sons: 25 percent tax credit for rail projects that ex- tions, International Civil Aviation Organization Significant hazardous materials rail routing pand the rail network and ease congestion, and International Air Transport Association. In changes were recently implemented in re- and a short line tax credit that expired at the order to protect the competitiveness of the sponse to a Department of Transportation/De- end of last year. U.S. in the international marketplace, stand- America’s railroads are at a crossroad. The partment of Homeland Security joint regulation ards for the transport of lithium batteries direction the Administration pushes the rail in- requiring railroads to ensure that toxic-by-inha- should be fully harmonized with international dustry will have a lasting impact on American lation chemicals are transported on routes rules and regulations. This is the only reason- competitiveness and economic growth. Wash- posing the least overall safety and security able focus of any regulatory action on air ington must resist the urge to over-regulate an risk. transportation of lithium batteries. I strongly industry that has proven it to be largely self- Additionally, marketplace dynamics are support efforts to make the transport of lithium sufficient and capable to weather economic changing the transportation of hazardous ma- batteries as safe as possible, but we must do stress and improve upon its business model. terials. For example, many chemical compa- so in a reasonable, responsible manner. nies are phasing out production of chlorine, or We cannot go back to the days of stifling over I applaud our House leadership for bringing moving their production sites to where the regulation and I will do my part as a member this important resolution to the floor and thank chemical will be used, thereby dramatically of the Transportation and Infrastructure Com- them for the opportunity to discuss these im- changing the amounts and routes over which mittee to make sure it does not happen. portant issues. these toxic-by-inhalation materials are moved. LITHIUM BATTERIES Mr. BACA. Mr. Speaker, I urge all my col- Finally, the rule does not provide for a ‘‘de Finally, I want to touch on the transportation leagues—Democrats and Republicans—to minimis’’ exception, where a rail line carrying of lithium batteries. support small business and small business very little of these materials could be exempt- In January 2010, the Department of Trans- trucking. ed from the PTC requirement. Such an excep- portation issues a Notice of Proposed Rule- As we debate H. Res. 72, the most critical tion would significantly reduce costs without making to regulate the air transport of lithium issue facing America is how to increase jobs compromising safety in a meaningful way. batteries. so that families can rise up against economic The PTC mandate applies to all passenger The proposed rule: hardships. railroads on the general railway system, in- Regulates and treats as a hazardous mate- Small businesses are essential to our na- cluding Amtrak and 26 different commuter rail- rial all lithium batteries and most devices tion’s economy. roads. shipped with or containing such batteries, They account for half of our gross domestic Amtrak’s capital needs and operations are such as laptop computers, cell phones, and product, more than half our jobs, and three- fully subsidized by annual appropriations. medical devices. fourths of new jobs created each year. Commuter railroads also receive capital funds Applies to air shipments within the U.S. and We must support new and small businesses from the Federal Transit Administration for re- to shipments carried on U.S. registered aircraft through open access to loans, credit and cap- pair and modernization of their systems, but traveling anywhere in the world. ital. these federal funds represents only about 40 Proposes to limit stowage of lithium bat- We can reduce onerous paperwork, and percent of total funds spent on their systems, teries on cargo aircraft to crew-accessible po- give small companies the tools they need to

VerDate Mar 15 2010 04:22 Feb 11, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 9920 E:\CR\FM\A10FE7.044 H10FEPT1 tjames on DSKG8SOYB1PROD with HOUSE February 10, 2011 CONGRESSIONAL RECORD — HOUSE H673 take care of their employees and build their step back at the 30,000-foot view and Well, what it means is that sometime companies. say what is the big picture of what is a long time ago a Congress came along, By passing legislation focused on protecting going on. So I have here one of those passed these laws, and the law works the economic vitality of small businesses in traditional pie-type charts, and it has like a little machine and the machine the trucking industry and all other sectors, we an overview of the total spending of spits out dollar bills whenever anybody will facilitate economic growth for all Ameri- the Federal Government in the year meets certain criteria. So we call it an cans. 2010. So what I want to do is just take entitlement. These little machines are Mr. DAVIS of Kentucky. I yield back a look at that and then talk about spitting out, printing out, dollars; and the balance of my time. what that means relative to the prob- the Congress doesn’t have to do any- The SPEAKER pro tempore. Pursu- lems we have in overspending in the thing at all and the Federal Govern- ant to clause 1(c) of rule XIX, further Federal Government. ment is spending lots of money. How consideration of this resolution is post- Also, this connects to unemployment much money? Well, Social Security, poned. in this sense, that when the Federal there is $700 billion, there is another f Government spends too much money $519 billion in Medicare, and Medicaid, and is too intrusive and takes too $273 billion. b 2120 much in taxes, all of those things de- Another thing that works a little bit HONORING COLORADO STATE stroy the jobs created by small busi- like an entitlement is the debt. So if UNIVERSITY nesses. we sell a Treasury bill, we have to pay So let’s just be completely clear. We the interest on it; and when we do that, (Mr. GARDNER asked and was given have heard stories about unemploy- we get this interest. And then there is permission to address the House for 1 ment and these ‘‘heartless Repub- these other mandatory things which minute.) licans.’’ The problem is that if you de- are really other kinds of entitlements. Mr. GARDNER. Mr. Speaker, tonight stroy businesses, you don’t have any So it is not just Social Security, Medi- I rise to honor the 141st anniversary of businesses, you don’t have any jobs. care and Medicaid. You have got the founding of Colorado State Univer- And that is what we have been doing. SCHIP, you have got food stamps and sity, located in Fort Collins, Colorado. How is it we destroy businesses? One, things like that that are additional en- On February 11, 1870, Colorado Terri- we overtax them; two, we overregulate titlements. torial Governor Edward McCook signed them with red tape; three, we make it So these things here, when you put the Morrill Act establishing the State hard from a liquidity point of view to all of these together, this is kind of a Agricultural College in Fort Collins. In get loans from banks, because the Fed- spooky number. These things come out its 141 years, Colorado State University eral officers are looking over the bank- not too far away from a little over $2 has grown to over 26,000 students, 1,400 ers’ shoulders second-guessing the trillion, maybe $2.3 trillion. And what faculty members, and has become one loans; fourth, we create an era of un- does that mean, $2.3 trillion? What of the Nation’s leading research univer- certainty because we don’t know what that is, that also is the amount of rev- sities. On average, CSU’s research ex- the silly government is going to do enue in a given year for the Federal penditures top $138 million annually. next; and, last of all, we spend money Government. So what has happened is all these en- To this day, Colorado State Univer- like mad, which then makes the econ- titlements now plus the interests on sity still maintains the commitment of omy that much harder for our busi- the debt have gotten to the point that a State agricultural college. It pro- nesses to compete in a world competi- vides countless support for promoting they are chewing up all the money that tive environment. the Federal Government takes in in economic development throughout the But let’s take a look at this pie chart taxes in a given year. So then the ques- rural communities in Colorado. CSU here, and there is something here that tion is, well, how about defense? How has over 90,000-plus alumni that live in when you start to think about it is about non-defense discretionary? How the State, accounting for nearly $4.1 really a little bit on the frightening about these things? Do we have any billion annually in household income side. Let’s take a look at some of the money? No. for Colorado. The CSU alumni list in- big chunks of money. cludes State Governors, business lead- The point of the matter is you can The bottom one down here is defense. zero this out, zero these out, and these ers, Olympic gold medalists, teachers, The Constitution of the United States researchers, artists, and even a Mem- together are using all of the money says that the Congress will provide for that the Federal Government is taking ber of the U.S. House of Representa- the national defense. It is the one main tives. in in revenue in a given year. Now, thing that Congress is supposed to do. that is kind of scary. What that says is I am proud to call myself a Colorado States can’t do it; locales can’t do it. It State alumnus. It is my honor to rec- that we are starting to run deficits of is something that has to be done by the over $1 trillion. ognize CSU on the House floor for its Federal Government. That is why our In fact, the Obama deficits for the 141 years of excellence in education and U.S. Constitution says even in the pre- last 2 years have been about $1.5 tril- research. amble to provide for the national de- lion. That is a lot of money. That is f fense. That is $692 billion here in the three times a bigger deficit than Presi- 2010 budget. So there is defense. dent Bush’s worst budget deficit. So JOBS, THE DEFICIT AND FEDERAL This over here is the non-defense, SPENDING you take his worst budget deficit, what is called discretionary. These are which is about $450 billion, and we are The SPEAKER pro tempore (Mr. the funds that Congress spends every talking the last 2 years we are running GOWDY). Under the Speaker’s an- year, and that is $666 billion. This in- at a $1.5 trillion deficit. So this is what nounced policy of January 5, 2011, the cludes things like the Education De- is going on. gentleman from Missouri (Mr. AKIN) is partment, the Energy Department, the So let’s take a look. If you are like recognized for 18 minutes as the des- Department of Commerce. It would be an awful lot of Americans, you want to ignee of the majority leader. jails and prisons, things like that. All solve a problem. We have got a problem Mr. AKIN. Mr. Speaker, congratula- of those, the Park Service, would all be here. We are apparently spending too tions. You look good up in the Chair in this non-defense discretionary area. much money. So you say, well, what there. So these two, kind of similar size, run- are our alternatives? How do we ap- We are going to have a chance to talk ning in there about a little bit under proach this? for just a few minutes about an inter- $1.5 trillion in total. I am thankful this evening also that esting topic. It is something on the Now, the other one that I want to we have got one of our very bright minds of Americans everywhere, and call to your attention, though, is all young freshmen Congressmen from the that is about jobs, about the deficit the rest of these. This is Social Secu- State of Colorado. SCOTT is here to join and about Federal spending and what rity, this is Medicare, this is Medicaid. us, SCOTT TIPTON. SCOTT, I just want to we have to do in those areas. And so what these things are, a lot of make sure you knew, any time you I think sometimes it is helpful, you times people call them mandatory want to jump in here, we could talk a hear so much detail that you need to spending. What does that mean? little bit about this.

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