E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, NOVEMBER 3, 2011 No. 167 House of Representatives The House met at 10 a.m. and was overseas, George Cohan’s song ‘‘Over have that memorial for them, to allow called to order by the Speaker pro tem- There.’’ And they wouldn’t come back it to be constructed. pore (Mr. FITZPATRICK). until it was over ‘‘over there.’’ There is one memorial in Kansas City f The war started. He tried to join the for the World War I doughboys, but we Marines; they wouldn’t take him be- need one here also on the Mall. And it’s DESIGNATION OF SPEAKER PRO cause he was not 18. He tried different important that we honor these great TEMPORE recruiters. He finally found an Army Americans because they are the vet- The SPEAKER pro tempore laid be- recruiter. He says he just told the re- erans that we honor, that we appre- fore the House the following commu- cruiter a whopper—that he was 21. The ciate, and that we should not forget, nication from the Speaker: recruiter took him, swore him in; and although all of them, including the WASHINGTON, DC, the fastest way he could get to Europe loan survivor, Frank Buckles, Jr., has November 3, 2011. and get into action was to drive an am- died. So I hope this House will join me I hereby appoint the Honorable MICHAEL G. bulance. This is a photograph of Frank and the gentleman from Missouri, FITZPATRICK to act as Speaker pro tempore Buckles, Jr., when he served in the EMANUEL CLEAVER, in passing legisla- on this day. great World War I. tion to authorize this memorial for JOHN A. BOEHNER, After that war was over with, he those World War I doughboys. Speaker of the House of Representatives. came back home, although 116,000 Veterans Day is approaching. We are f Americans did not come back home. approaching the 100th anniversary of MORNING-HOUR DEBATE Four million of them served in World the great World War I. We should re- War I. Frank Buckles, Jr., joined up as member them, and we can do this by The SPEAKER pro tempore. Pursu- a seaman on a merchant ship. He was erecting and allowing a memorial to be ant to the order of the House of Janu- in the Philippines when World War II constructed on the Mall. The veterans ary 5, 2011, the Chair will now recog- started, and he was captured by the are the greatest that we have. We nize Members from lists submitted by Japanese and held in a prisoner of war should remember every one of them, the majority and minority leaders for camp for 31⁄2 years. He was rescued, those that served and came home, morning-hour debate. came back home to America, went to those that served and did not come The Chair will alternate recognition his farm in West Virginia, and he home, and those that are serving and between the parties, with each party worked on the farm until he was 109 representing us today. limited to 1 hour and each Member years old. And that’s just the way it is. other than the majority and minority Frank Buckles, Jr., died this year at f leaders and the minority whip limited the age of 110. He was the last sur- to 5 minutes each, but in no event shall viving doughboy from America that THE WAR AGAINST SPORTS FANS debate continue beyond 11:50 a.m. served in the great World War I. This is The SPEAKER pro tempore. The f a photograph taken shortly before his Chair recognizes the gentleman from death this year. Oregon (Mr. BLUMENAUER) for 5 min- LONE SURVIVOR OF THE Frank Buckles, Jr., the loan survivor utes. DOUGHBOYS of World War I, a veteran of that great Mr. BLUMENAUER. There is a The SPEAKER pro tempore. The war, came back home. And his wish be- drama being played out in the divorce Chair recognizes the gentleman from fore he died, Mr. Speaker, was that we and bankruptcy court with the Texas (Mr. POE) for 5 minutes. would have a permanent memorial for McCourt family and the Los Angeles Mr. POE of Texas. Mr. Speaker, as we all who served in World War I on the Dodgers. It’s another chapter in the approach Veterans Day, the day we Mall. You see, we have a memorial for sad war against fans, the very people honor those who served and came back Vietnam veterans, we have a memorial who make these multibillion-dollar en- home, I want to talk about a very spe- for the Korean veterans, the World War terprises possible in the first place. cial veteran. II veterans. There is a small memorial It’s an all-too-familiar refrain. No Frank Buckles, Jr., when he was 16 for the D.C. troops that served in World city is exempt from the threat of bank- years of age—some say 15—during the War I, but there’s no memorial on the ruptcy or being held hostage by an beginning of the great World War I, Mall for all of the doughboys like owner threatening to move if their de- wanted to join the military and go Frank Buckles, Jr., that served. And mands are not met. No one, that is, ex- overseas. Remember they sang that they have all died, Mr. Speaker. And cept the fans of the team that is argu- song, those doughboys, when they went it’s our job, it’s important for us to ably the most successful franchise in

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.000 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7260 CONGRESSIONAL RECORD — HOUSE November 3, 2011 professional sports, the current Super came a billionaire based on his Yankee spent and what our government’s true Bowl champions, currently unde- empire and his ability to further enrich liabilities are. That is why I’m intro- feated—and maybe the strongest team himself as a result, in part, of the con- ducing the bipartisan Truth in Govern- in the NFL this year—the Green Bay struction of a brand new Yankee Sta- ment Accounting Act, H.R. 3332. Packers. dium that not only cost an astronom- To protect private-sector share- Packer fans will tell you they’re ical sum for the taxpayers of New holders, the Federal Government re- unique: little Green Bay, Wisconsin, York, but further inflated the value of quires each publicly traded company to with only 104,000 people, a metropoli- his ownership of the Yankees. file periodic GAAP financial state- tan area of less than a third of a mil- ments that are independently audited b 1010 lion, the smallest sports media market and that accurately reflect the com- in the United States, but arguably the There have been critical appraisals pany’s true financial condition. By most successful franchise. that have suggested that it would have contrast, the Federal Government’s Green Bay is special perhaps for an- been cheaper for New York to simply own accounting practices substantially other reason: it’s the only franchise in buy the New York Yankees outright for conceal and confuse the Federal Gov- all of Major League sports that doesn’t the value of the team than submit to ernment’s true financial condition, es- have to worry about some billionaire the outrageous demands from pecially with respect to long-term un- egomaniac running the franchise into Steinbrenner to keep them there. funded liabilities and year-over-year the ground or being tired of it and sell- Well, the gravy train is fueled by an- spending. ing it off to another city, or just the other source of revenue; not only hav- To protect taxpayers as much as the community being held hostage by ob- ing communities and fans over a bar- private-sector shareholders, the Fed- scene demands for even more revenue, rel, but they have an antitrust exemp- eral Government should similarly re- more sacrifice from fans and the com- tion that enables them to negotiate lu- quire each Federal agency to file peri- munity. crative television contracts worth bil- odic GAAP financial statements that You know, that’s been the fate. lions of dollars. For instance, the cur- are independently audited and that ac- About one city a year since 1950 has rent NFL contract worth $3 billion a curately reflect the agency’s true fi- had a franchise change, and many oth- year to go with the $6 billion that has nancial condition. The Truth in Gov- ers have had the screws put to them. been pried out of locals for stadium ernment Accounting Act would require But the Green Bay Packers, are owned deals and parking. the Federal Government to do so, to by 112,158 shareholders. Each share- Mr. Speaker, I strongly urge my col- make the resulting Federal Govern- holder is given voting rights in the leagues to look at legislation Congress- ment financial statements easily avail- franchise, and no shareholder can hold woman HAHN and I will be introducing able online, and to require zero-base- a controlling stake in the company. today. Give fans a chance. It’s time to line budgeting. The Packers can raise funds for team do that, to broaden the ownership op- This bill will require all Federal expenses through prudent decision- tions, allow democracy and the free en- agencies to provide three quarterly and making by the board of directors and terprise system to work. one annual consolidated financial by offering public shares. f statement, just as the private sector Well, Mr. Speaker, there is some- must do, using the fair-value accrual MAKE THE BUDGET PROCESS thing to be said for the approach of the accounting method on all their assets TRANSPARENT long-term success of the Green Bay and liabilities, including unfunded en- Packers; but, sadly, the billionaires The SPEAKER pro tempore. The titlement liabilities. These statements who run the NFL and other profes- Chair recognizes the gentleman from will be audited by a single entity, the sional sport franchises have decided Illinois (Mr. DOLD) for 5 minutes. Government Accountability Office, an otherwise. All Major Leagues, formally Mr. DOLD. Mr. Speaker, the Amer- independent, nonpartisan agency that or informally, prohibit public owner- ican taxpayer is facing a struggling reports to the Congress. These audited ship. The NFL formally outlawed pub- economy, skyrocketing debt, and polit- statements will be put online, in terms lic ownership in 1961—the same year it ical partisanship here in Washington. of a searchable Web site for all Ameri- instituted a radical revenue-sharing While every American family must bal- cans to use and to see easily. policy—but grandfathered in Green ance the budget, the Federal Govern- As incredible as it may seem, there’s Bay. Major League Baseball outlawed ment does not have to do the same. not a simple way for the American pub- public ownership through an informal Additionally, publicly traded compa- lic to easily view our national budget resolution passed in the mid-1980s when nies are required to provide financial with all of its liabilities, current and Joan Kroc sought to donate her base- statements for their shareholders, long term. What exists now is a system ball team, the Padres, to San Diego. whereas the government is not held ac- where information is scattered between Well, I think the sad record is that countable to the American taxpayer. Federal agency and government office the billionaires are not always so bril- That is why Representative MIKE Web sites. Our bill creates a simple and liant; but they are long on money, po- QUIGLEY and I are introducing bipar- accessible Web site that can be a one- litical influence and ego, and they tisan legislation that would require the stop shop for all information related to know a sweet deal when they’ve got it. Federal Government to prepare and our Federal budget, based off of Web The franchises to this point have been publish online periodic financial state- sites that we know currently exist, like a ticket to even greater wealth in part ments that are independently audited recovery.gov. because these franchises are part of a and that accurately reflect the govern- Americans deserve a transparent way cartel that would be illegal in most ment’s true financial condition. to see where their tax dollars go and other industries. Guaranteed massive In the short time that I’ve been in what they are on the hook for in the profits, they’re the only show in town. Congress, I’ve focused my efforts on future. The bill will require the Con- They often can threaten to pick up and creating an environment that fosters gressional Budget Office to use current move and of course witness some of job creation and gets our economy year spending as a baseline for esti- these egregious stadium deals. back on track. Part of that effort in- mating future mandatory and discre- I was just in Cincinnati earlier this volves America’s fiscal house getting tionary changes to determine whether week; and people there, whether in order, and that is why I’ve worked to the future legislation would increase or they’re conservative, liberal, Demo- curb out-of-control government spend- decrease Federal spending. It will be crats or Republicans, are still holding ing. measured against current year spend- their heads about being saddled with Moving forward, I believe that we ing and not against previously antici- an egregious contract for a recent new must also reform the way our Federal pated and hypothetical future year stadium that put all the revenue upside accounting methods are conducted to spending. in the pockets of the owner. make the budget process more trans- The American people deserve an open George Steinbrenner recently passed parent and accessible to every Amer- and transparent budgeting process, and away. He was a wealthy man to begin ican so that they, as taxpayers, can the Truth in Government Accounting with from a family business, but he be- truly know how their money is being Act provides just that. By requiring

VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.024 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7261 agencies to provide quarterly financial bishop, or who was in contact with the I am sure that the regime’s attempts statements, auditing those financial Vatican, it is telling that the elite of in Puerto Rico to suppress the will of statements and putting that informa- the ruling party has been quick to the people and impose upon them po- tion on a comprehensive Web site, as saturate the airwaves and pages of litically driven policies, such as the well as implementing the zero-based local newspapers with loud public accu- gasoducto, or get the institution of budgeting, we will greatly improve our sations against the archbishop. civil society to shut up will not be Federal budget practice and enhance Attacking the archbishop is nothing happy to hear what I have to say next the public’s ability to know how their new for the ruling party in Puerto week when I arrive on the island. tax dollars are being spent. Rico. They’ve done it many times in We expect and demand that compa- the past. f I’m a strong supporter of the demo- nies conduct their business in a trans- KEYSTONE XL/CANADA OIL SANDS parent manner. We should expect and cratic principle of separation of church demand no less of our Federal Govern- and state, but as someone who has The SPEAKER pro tempore. The ment. spent my life working to defend the Chair recognizes the gentleman from I want to urge my colleagues to co- rights of workers, minorities, working Illinois (Mr. SHIMKUS) for 5 minutes. sponsor this legislation. The American class people and immigrants, I have Mr. SHIMKUS. Canadian oil sands taxpayers deserve true accounting of often been joined by people of faith transported via pipelines play a major how their money is being spent. and, particularly, leaders of the Catho- role in supplying the energy needs of lic Church. southern Illinois. Two weeks ago, I vis- f Just as here on the mainland, in ited the oil sands in Alberta, Canada, PUERTO RICO’S ABUSIVE Puerto Rico there is a broad religious and here is exactly what we saw. GOVERNMENT PRACTICES leadership that has joined with the On Monday of this week, I visited The SPEAKER pro tempore. The people as they strive to achieve a three facilities also, but before I talk Chair recognizes the gentleman from greater degree of social justice. Among about those three facilities, Daniel Illinois (Mr. GUTIERREZ) for 5 minutes. those people is the Archbishop Roberto Yergin yesterday in The Washington Mr. GUTIERREZ. Mr. Speaker, I’ve Gonzalez Nieves of San Juan. Post said this about the oil sands of come to the floor on several occasions Archbishop Gonzalez Nieves has cou- Canada: ‘‘Oil sands production in Can- this year to denounce the abuses of the rageously stepped forward on very im- ada today is 1.5 million barrels per current government in Puerto Rico and portant issues in Puerto Rico, such as day—more oil than Libya exported be- discuss where the government has the struggle to achieve peace on the is- fore its civil war. Canadian oil sands taken actions to suppress dissent and land of Vieques, the need to protect output could double to 3 million bar- conduct business in secret, cutting the civil rights and free speech, the free- rels per day by the beginning of the people out of the process of govern- dom of political prisoners, and the just next decade. This increase, along with ance. treatment of the poor. its other oil output, would make Can- I’ve discussed the current regime’s But the one issue that has inflamed ada a larger oil producer than Iran—be- push for a dangerous, environmentally the passions of the ruling party against coming the world’s fifth largest, behind the archbishop has been his clear and risky 92-mile natural gas pipeline Russia, Saudi Arabia, the United firm stance on the need to reform known locally as the ‘‘gasoducto’’; the States, and China.’’ Puerto Rican identity and the exist- violations of civil rights and human On Monday of this week, I visited ence of a Puerto Rican nation. He has rights of workers who protested the fir- three facilities in southern Illinois that expressed a bold and comprehensive ing of up to 30,000 government employ- utilize Canadian oil sands: Robinson re- opinion in reference to Puerto Rican ees; closing the legislature to the press finery, the Patoka tank farm, and the nationhood. That quote is, ‘‘Mother- and the public and conducting their Wood River refinery. land nation and identity are indivisible business in secret; the violent treat- Pipelines play a vital role in pro- gifts of God’s love.’’ ment of students who opposed a steep viding the energy needs for our daily He’s had the temerity to incorporate fee increase, whose protest was broken lives. There are over 2.5 million miles the Puerto Rican flag into the Catholic up with billy clubs and pepper spray; of pipelines in this country: 175,000 Church, a Puerto Rican church. the civil rights abuses revealed in the miles of onshore and offshore haz- devastating report by our own U.S. De- b 1020 ardous liquid pipelines, mostly oil; partment of Justice about the system- Mr. Speaker, this is just another in- 321,000 miles of onshore/offshore gas atic abuses by the Puerto Rican Police stance where the regime, through any transmission and gathering lines; and Department; and the attempt to de- means necessary, seeks to silence all 2,066,000 miles of natural gas distribu- stroy the Puerto Rican Bar Associa- voices of opposition and undermine all tion mains and service pipelines. tion, one of the most important inde- independent institutions on the island. Keystone XL would stretch about pendent organizations of civil society. Whether they initiated the effort to si- 1,700 miles. Again, going back to And the reaction in official Puerto lence the archbishop or whether Yergin’s article, he says: ‘‘Though Rico to my denunciations here in the they’re just cheering it loudly from the large’’—he’s referring to the Keystone House is telling as well. The legislature sidelines, the current regime in Puerto XL pipeline. ‘‘Though large, it would in Puerto Rico, both Houses, controlled Rico is repeating its pattern of driving increase the length of the oil pipeline by the ruling party, approved a joint all opposing forces into the wilderness. network in the United States by just 1 resolution condemning me—not con- Mr. Speaker, I am one voice, and I percent.’’ demning the abusive tactics and op- suspect that the Archbishop Gonzalez Due to the high volumes of various pressive practices I denounced, and Nieves is another that cannot be si- liquids and gasses that must be trans- that the Department of Justice con- lenced or driven into the wilderness. ported, pipelines are the feasible mode firmed exists—but condemning me for I will be going to Puerto Rico this of transportation. Imagine trying to telling you about them. Friday night and trekking to the transport this gas, crude oil on rail, on Now the effort in Puerto Rico to si- mountains of Adjuntas to meet with trucks, in our major waterways. In lence any and all opposition has the good people of Casa Pueblo this fact, just today there was a super- reached a new low. Incredible as it may Sunday where we will discuss the next tanker that was just hijacked by pi- sound, according to press reports pub- steps of the people’s opposition to the rates on the high seas. That’s the chal- lished in Puerto Rico, the Vatican sent gasoducto gas pipeline project. Inter- lenge of moving crude oil other than an official to conduct an investigation estingly, the archbishop also expressed the pipeline system. on allegations of political involvement serious concerns about the gasoducto We continue to import oil from coun- by the archbishop of San Juan, con- and in June participated in a meeting tries that are not our closest friends. ducted in secrecy until the press got with leaders of the community dis- Further blocking of this pipeline devel- wind of it this week. cussing possible actions they could opment will only increase foreign oil While no names have surfaced on who take in case construction of the pipe- imports from far-off places that are not filed an accusation against the arch- line actually begins. our neighbors.

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.003 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7262 CONGRESSIONAL RECORD — HOUSE November 3, 2011 This pipeline application is a jobs We faced limited food choices, lacked I’ve introduced H.R. 3300, the Half in plan. Five major labor unions have en- access to fresh and healthy foods, and Ten Act of 2011. This bill would estab- dorsed this project, and there would be were repeatedly exposed to unhealthy lish a Federal interagency working 20,000 construction jobs. As refineries and inadequate food choices that pro- group on reducing poverty. The work- expand, there’s an estimated 100,000 mote poor health, obesity, and hyper- ing group will be tasked with devel- new jobs as a whole. This Keystone XL tension. But of course, our week will oping and implementing a national pipeline is supported by the AFL–CIO end. plan to reduce poverty in half in 10 and several other organized labor I hope that every Member of Con- years. We really should be talking groups. In fact, they have started to gress will stop for at least a moment about eliminating poverty. run ads today in support of the pipeline and consider the millions of American It would also work to eliminate child and encouraging the Obama adminis- families who will face these challenges poverty, extreme poverty and finally tration to approve it. Canadian oil each and every day until they can find put an end to the historic and ongoing sands are already creating jobs in my a good job with a real living wage. disparity in poverty rates in commu- district in southern Illinois. Now, I’m a former food stamp recipi- nities of color. It’s simply unaccept- Caterpillar, which my friend JOE ent, and let me tell you that I was able that communities of color con- WILSON is going to talk about too— deeply thankful for my fellow Ameri- tinue to face disturbingly high rates of you’ll see a larger mock than this. This cans who were there for me and my poverty, with 27.4 percent of African is one of their major pickup trucks, children during a difficult time in our Americans and 26.5 percent of His- lightly said. It’s about four stories tall. lives. The benefits that were extended panics living in poverty, compared to The major place that this goes to is the to us were a critical help and provided their white counterparts, who have a oil sands in Canada. The tires, them- a vital bridge over troubled waters poverty rate of just under 10 percent. selves, are two stories tall. The Cater- when we needed them the most. But we It’s time to work together to dra- pillar 797 is the largest truck they didn’t want to stay on food stamps for- matically improve access to opportuni- make. It’s partially assembled in Deca- ever, and we got off as soon as we ties for low-income Americans so that tur, Illinois. The truck is so large, final could. they can climb up the economic ladder assembly must be done at the delivery Let me also say that now is not the and reignite the fire of the American site. The largest concentration of these time to gut these critical human needs Dream. We must put partisanship aside to Caterpillar trucks are in Alberta, Can- programs. We are facing record poverty preserve and extend the vital human ada. These are manufactured in the levels and unacceptably high unem- needs programs that protect our most good old U.S.A. These are great Mid- ployment rates, and it is simply uncon- vulnerable communities. We cannot western manufacturing jobs that are scionable to attempt to balance the and we must not seek to balance the directly tied to the oil sands develop- budgets on the backs of the most vul- budget on the backs of America’s poor, ment. nerable and the neediest Americans. her children and an entire generation At my last stop on Monday to the We must create what is being called of young people, who are really now ConocoPhillips refinery, I just posed a circle of protection around these core taking to the streets to protest the this basic question to the reporters programs that keep American families fact that they are afraid that theirs who attended the press conference: from suffering the worst impacts of liv- will be the first generation in Amer- Would you rather have the oil being re- ing in poverty. ica’s history to be less well off than the fined in Wood River, Illinois, come But we must do more than just mini- one before. from Venezuela, Saudi Arabia, the Mid- mize the cuts to programs. We must dle East, or Africa, or would you have make bold, targeted investments that f that oil rather come from Canada? I will lift those families up and off of JOBS FOR ALBERTA, JOBS FOR think the answer is simple. So this ad- food stamps. We must improve and ex- AMERICA ministration must approve the Key- tend programs that create jobs and The SPEAKER pro tempore. The stone XL pipeline. provide ladders of opportunity for all. Chair recognizes the gentleman from f We must commit ourselves to remov- South Carolina (Mr. WILSON) for 5 min- ing barriers, and they’re many, to op- POVERTY utes. portunity like poverty and hunger so Mr. WILSON of South Carolina. Two The SPEAKER pro tempore. The that we can reignite the American weeks ago, I traveled to Fort Chair recognizes the gentlewoman from Dream. McMurray in the province of Alberta, California (Ms. LEE) for 5 minutes. Mr. Speaker, on January 22, 2008, the in Canada, with subcommittee chair- Ms. LEE of California. I rise again House unanimously passed a resolution man JOHN SHIMKUS of Illinois and Con- today, as I’ve been doing every week, that I authored which committed Con- gressman BOB LATTA of Ohio of the En- to sound the alarm on poverty in gress to the goal of cutting poverty in ergy and Commerce Committee. We America. Twelve Members of Congress America in half in a decade. Now it’s were accompanied by the Honorable are or will be participating in the food time to put that commitment to the Cal Dallas, the Minister of Intergovern- stamp challenge, which is a nationwide test. mental, International and Aboriginal effort to bring attention to the needs of b 1030 Relations for Alberta. We were wel- the 45 million Americans who are re- comed to Edmonton by the Honorable ceiving food benefits under the Supple- An estimated 46 million Americans Alison Redford, the newly inaugurated mental Nutrition Assistance Program, were living in poverty in 2010; and ac- Premier of Alberta. or food stamps. For 1 week, we lived on cording to the latest Census figures, The purpose of this visit was to see the food budget of the average food the official poverty rate in 2010 is now firsthand the development of Canadian stamp recipient, or $31.50 a week, $4.50 15.1 percent. oil sands and to fully understand the a day, which means I spent on average It is simply unconscionable that the positive impact this exploration has for $1.50 a meal. This is for 1 week. richest and most powerful Nation in the American people. We were briefed Let me thank Congresswoman the world can allow so many of its fel- on the Keystone pipeline and how this DEBBIE WASSERMAN SCHULTZ, TIM low Americans to fall to the wayside project creates jobs. We saw the envi- RYAN, JOE COURTNEY, JAN SCHAKOWSKY, and be left with little hope and few op- ronmental stewardship where develop- DONNA CHRISTENSEN, ALCEE HASTINGS, portunities to reach the American ment is subject to environmental KEITH ELLISON, JIM MORAN, JACKIE Dream. It’s clear that our policies and standards that are among the most SPEIER, TED DEUTCH, MARCIA FUDGE, programs addressing poverty have not stringent in the world. The Govern- and ELEANOR HOLMES NORTON for their kept pace with the growing needs of ment of Alberta requires that compa- participation and their commitment to millions of Americans. It’s time we nies remediate and reclaim 100 percent drawing attention to the struggle of make the commitment to confront of the land after the oil has been ex- millions of hardworking families to put poverty head on, create pathways out tracted. food on the table during very difficult of poverty, and provide opportunities This project will connect a growing economic times. for all. supply of Canadian oil with the largest

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.005 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7263 refining markets in the United States American-Made Energy Security Act. restrictions will undoubtedly dis- and will significantly reduce America’s This bill urges the President to ap- enfranchise young voters, minority reliance on oil from overseas as new prove the pipeline. I appreciate jobs for voters, low-income voters, and voters jobs are created in Canada and Amer- Alberta which produce jobs for Amer- with disabilities—all of whom, as we ica. As oil sands production grows in ica. know, traditionally vote with the the next 4 years, the industry is ex- f Democratic Party. pected to generate 340,000 new jobs. In my home State of North Carolina, VOTER SUPPRESSION This is in addition to the 110,000 jobs Republicans have mounted two strong currently provided. There are more The SPEAKER pro tempore. The efforts to suppress low-income and Af- than 900 American businesses that sup- Chair recognizes the gentleman from rican American voters—House bill 351, ply goods and services for the Canadian North Carolina (Mr. BUTTERFIELD) for 5 for example, a voter ID bill which oil sands development. minutes. passed our State House and Senate ear- In my home State of South Carolina, Mr. BUTTERFIELD. Before I start, lier this year. It was vetoed by Gov- oil sands development will add up to Mr. Speaker, let me just take a mo- ernor Beverly Perdue, and we thank $128 million per year to the State’s ment to comment about one of the pre- her for being strong in vetoing that economy, and it will support nearly vious speakers this morning, my dear legislation. 2,000 jobs per year. Companies in South friend, Congresswoman BARBARA LEE b 1040 from the State of California. Carolina supply equipment, parts and Senate bill 47, which would reduce Congresswoman LEE has been an ad- services used in the oil sands projects the early voting period by 1 week, vocate for low-income families for as and pipelines. eliminates Sunday voting, and elimi- In this picture, we are standing in long as I can remember; and especially 1 nates same-day voter registration. This front of a 12-foot-high tire made by since I first came to Congress some 7 ⁄2 bill is currently pending now in our Michelin in Lexington County, South years ago, she has been tenacious on legislature. Carolina. Each tire is valued at $60,000. this issue. I just want to publicly The right to vote, Mr. Speaker, is The Michelin plants in Lexington cur- thank her for her advocacy. I represent protected. It is dearly protected by rently employ over 500 people in the a low-income/low-wealth district in more constitutional amendments—the Earth-mover division. The tire manu- eastern North Carolina. My district is 1st Amendment and the 14th Amend- facturer also has facilities in the the fourth poorest district in the Na- ment, 15th, 19th, 24th, and even the upcountry of our State, with their tion, so I understand full well the chal- 26th Amendments—than any other North American headquarters in lenges that she has confronted, and I right we enjoy as Americans. We must Greenville. thank her so very much. continue to inform our constituents There are also over 100 large mine Mr. Speaker, I’ve come to the floor that their fundamental right in this de- haul trucks operating in the oil sands, this morning to talk about voter sup- mocracy is being infringed and urge powered by MTU engines. The engines pression—yes, voter suppression— them to fight back against this voter are produced in Aiken County, South across the country. Republicans are suppression epidemic. Carolina. By next year, the plant in tightening the restrictions on who can In closing, Mr. Speaker, it is obvious Graniteville will be producing MTU’s vote and on how Americans can vote. to me that any objective observer who largest engine for the haul truck mar- During next year’s elections, there will is looking at this will know the real ket. When MTU announced last year be millions of Americans who will find motive of this effort. It is specifically that Aiken County was to be its home that since 2008 there are now new bar- intended to diminish voter participa- for its new manufacturing facility, the riers that could prevent them from vot- tion of some in our society who support company pledged to invest $45 million ing. progressive movements and who sup- and to create 250 new jobs over 4 years. The number of States with laws re- port the Democratic Party. However, last month, plant officials quiring voters to show government- f issued photo identification has quad- said MTU is already employing 250 peo- HONORING DR. MILTON A. GORDON ple and will achieve its investment rupled. Mr. Speaker, it has quadrupled The SPEAKER pro tempore. The goal by the end of this year. in the last 4 years. Actually, over the It’s very simple. If Canadian families last year, it has quadrupled. In fact, at Chair recognizes the gentleman from do well, American families do well. For least 34 States have now introduced California (Mr. ROYCE) for 5 minutes. Mr. ROYCE. Mr. Speaker, I rise be- every dollar the U.S. spends on imports legislation that would require voters to fore you today to honor Dr. Milton A. show photo identification in order to from Canada, 90 cents is returned to Gordon for his distinguished career. Dr. vote. Seven States—Alabama, Kansas, the American economy, paying for Gordon has served for over two decades Rhode Island, South Carolina, Ten- equipment and services. Developing the as president of California State Univer- nessee, Texas, and Wisconsin—have al- oil sands is clearly more jobs for Can- sity, Fullerton. ada and more jobs for America. We all ready signed photo identification bills I first met Milt Gordon more than 20 know our country needs to be less de- into law. Before this legislative ses- years ago when he was in his first year pendent on oil from overseas. Canada’s sion, only two States had ever imposed as president of my alma mater, Cal oil sands are clearly mutually bene- strict photo identification. Under the State Fullerton. As State senator then ficial to Canada and America and the guise of eliminating voter fraud, 21 and a Member of Congress now, I have security of North America. million American citizens, or 11 per- met countless community leaders, in- Very significantly, Canada’s enor- cent of Americans, could be prevented cluding university presidents, and I mous deposits of 175.2 billion barrels of from voting—all because they do not have enjoyed a good working relation- proven reserves of oil place it third in possess government-issued photo iden- ship with them. Very few, however, the world, and 170 billion of these bar- tification. have I come to admire and respect rels are in the oil sands. These deposits Republicans are also seeking to put more than Milt Gordon. Very few do I place Canada as one of the central an end to early voting—a hugely pop- call my very good friend. sources of production growth in the ular voting method that is used by mil- Mr. Speaker, Dr. Gordon’s impressive coming decades. It represents about 60 lions of Americans. At least nine achievements and commitment to edu- percent of the world’s accessible oil, States have introduced bills to reduce cation were evident long before he be- which is right here in our neighbor- their early voting periods. Four States came the president of Cal State Ful- hood. I am grateful that Canada is our have tried to reduce absentee voting lerton. As our country was undergoing largest trading partner and the largest opportunities, and two States have re- the civil rights movement, Milt Gordon supplier of oil to America. Canada con- versed early reforms. Once again, it has was breaking through longstanding ra- tributes 22 percent of the total oil im- disenfranchised thousands of taxpaying cial barriers. He obtained a bachelor of ports for America’s daily use of 19.1 citizens who have past criminal convic- science in mathematics and secondary million barrels. tions while a number of other States education at Xavier University of Lou- Congress has indicated its support for have made it much more difficult for isiana in 1957, a master of arts in math- oil sands. In July, we passed the North citizens to register to vote. These new ematics at the University of Detroit in

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.007 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7264 CONGRESSIONAL RECORD — HOUSE November 3, 2011 1960, and lastly, a doctorate degree in Congressmen STARK, DOGGETT, LEVIN, been able to have a jobs bill that would mathematics at the Illinois Institute of and CROWLEY to make certain that we include severe cuts in terms of expendi- Technology in 1968. These are signifi- don’t do that again this year. tures that we make but also would in- cant achievements for anyone, but The opposition to the extension last clude putting revenue on the table so even more so for someone who had to year was due to a large number of Re- that we just don’t balance the budget overcome the discrimination of the publicans truly believing—and voting at the expense of those people who time. against the bill—that these people real- have little or no resources. It is this experience that has driven ly would rather receive unemployment The United States of America, unfor- Milt Gordon’s lifetime commitment to checks than look for work. Of course tunately, is becoming one of the coun- improving access to education for ev- it’s more than just the salary when you tries that have the widest gap between eryone. In his first convocation address are working. It’s the pride and dignity the handful of 1 percent of the people at Cal State Fullerton in 1990, Dr. Gor- of knowing that you are taking care of that own almost half of the wealth of don said, ‘‘By providing access to pro- your family, you are responsible for this great Nation. That formula fessional careers for the broadest cross- putting food on the table, clothing on doesn’t work economically, it doesn’t section of Americans, including women your children’s backs, and all of those work morally, and it doesn’t work spir- and members of minority and immi- things that America has come to be- itually. So we all have to come to the grant groups, our university represents lieve as just the normal way of life. table to save this Nation, whether we a pathway into the American main- With the poverty numbers growing so are wealthy or whether we hope one stream for individuals and families fast and the unemployment going up so day to become middle class and who otherwise would not have the op- fast, a lot of people are losing hope in wealthy, because without the country portunity to make this step, thus help- terms of finding a job. As a matter of having hope for the future, there’s ab- ing to ensure the stability of our free fact, it’s oftentimes forgotten that in solutely no hope for the people who are economy and of our Democratic gov- order to qualify for extended unem- looking for employment to raise their ernment.’’ ployment comp, you have to be quali- family and to forever protect this great That was his first commencement ad- fying for a job. But because jobs are so Nation. dress. Well, from that commencement scarce and people want to remain with f address, I would say that the impres- a little bit of dignity and not just auto- HONORING CHIEF WARRANT sive enrollment and graduation statis- matically increase the rolls of poverty, OFFICER W5 JOHN CURRIE tics and the many awards and acco- we ask that this body, in the name of lades that Milt Gordon has received humanity, think about these people as The SPEAKER pro tempore. The over the last 20-some years clearly they would think about themselves if Chair recognizes the gentleman from demonstrate that he more than met suddenly they found themselves with- Colorado (Mr. COFFMAN) for 5 minutes. the challenge of his work. out work and without their savings and Mr. COFFMAN of Colorado. Mr. Today Cal State Fullerton is one of without health care and without the Speaker, as we approach the 236th our Nation’s largest and most inclusive resources to save their families from birthday of the United States Marine institutions of higher education. And I disaster. Corps, I would like to take the oppor- assure you, greater quality has been In addition to that, when we go home tunity to honor a marine whom I the hallmark of this growth. It is no next week—and again, we will be served with during the first Gulf War. exaggeration to say that Dr. Gordon home—talk to some of the local ven- Chief Warrant Officer W5 John has transformed CSUF from being a re- dors. We all recognize that it’s small Currie, United States Marine Corps Re- gional school to being a global one. His businesses that are really the backbone serve (Retired), served our Nation with vision has provided an enriching envi- of our economy, as it’s the small busi- distinction from his first enlistment in ronment which allows students to de- nesses that produce the jobs. But one 1966 until his retirement in 1999. I met velop intellectual, cultural, and eco- of the problems they’re having is, if Chief Warrant Officer Currie late in the nomic curiosities well beyond Orange consumers don’t buy, they can’t sell, fall of 1990 when I volunteered to serve County, California. The university in and they cannot continue to hire peo- with a light armored infantry company the Gordon years has been an unques- ple, which adds to the vicious cycle of that was mobilized for the first gulf tioned asset to the region, to the State, unemployment. war. the country, and the world. So if those people truly believe that From the start, I was deeply im- In closing, as an alumnus and the they want to spur the economy, allow pressed by his leadership, the respect congressman who represents this uni- these people to be able to buy the his subordinate marines had for him, versity, I have to say that I am sorry goods and services that they would and by his tactical skill and the cour- to see President Gordon retire. His ac- normally buy if they were employed. age he demonstrated on the battlefield. complishments are many, and the uni- And for God’s sake—since the day be- His citation for the Navy Commenda- versity will continue to thrive because fore yesterday we made it abundantly tion Medal reads: ‘‘Late in the after- of them, but there is only one Milt clear that we trust in God—so for God’s noon of 21 February 1991, Chief Warrant Gordon. But speaking as a friend, I am sake, let’s get a jobs bill on the floor. Officer W3 Currie decisively led his pla- pleased for Milt and for his wife, Let’s put aside our party labels. Let’s toon through enemy indirect fires to Marge. They have dedicated their lives just put the election aside long enough occupy a key defensive position oppo- to education, to Cal State Fullerton, to be able to get our country back to site significant portions of an Iraqi in- and to their community. To that end, work. More and more people are not fantry brigade. Over the next 2 days they deserve our deepest gratitude and only losing their jobs, but the most im- and nights of combat, his clear rea- our most heartfelt wishes for a long portant ingredient, I think, that Amer- soning, calm issuance of orders, and ef- and enjoyable retirement after a job ica has: giving hope to people who fective employment of supporting arms very well done. don’t have much. against enemy forces motivated his f platoon and the entire company in b 1050 their efforts to hold the center of the HOPE FOR AMERICA’S If we take that away from them, by battalion’s defenses. Early on the UNEMPLOYED seeing the solid pillars of our society morning of 24 February 1991, he led his The SPEAKER pro tempore. The without work, without the ability to platoon to a new position on the divi- Chair recognizes the gentleman from take care of their families, little hope sion’s extreme left flank and initiated New York (Mr. RANGEL) for 5 minutes. that it gives for those people that have a series of aggressive actions against Mr. RANGEL. Last Christmas the been consistently unemployed as the enemy positions which inflicted nu- gift that we gave to the unemployed job market shrinks, and so I do hope merous casualties. Chief Warrant Offi- was the shock of their lives, as they that there will come a time, and very, cer W3 Currie’s coolness, poise, and de- thought that the Congress would not very soon, that there will be no need in cisive actions inspired and steadied all extend the unemployment compensa- this great country for unemployment who observed him, as he successfully tion. So this morning, I’m joining with compensation because we would have gained and maintained control over a

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.009 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7265 very fluid and chaotic situation caused that she should not be forced to inter- real stimulus looks like—stimulus that by the surrender of more than 800 Iraqi act with her rapist and that Corporal comes from the private economy and soldiers.’’ Albertson was suffering from panic at- produces real value. I will never forget Chief Warrant Of- tacks due to these interactions. Her The fact of the matter is that Canada ficer W5 John Currie and all he did not commander ignored the professional is going to develop their resources, and only to lead his men so effectively advice and forced her to interact with if we do not want their oil, that supply against the enemy, but in setting such her rapist for another 2 years. And will go elsewhere to our competitors a high standard for all of the officers in when she had panic attacks, she was such as China. The Canadians have the the command, to include myself. punished. supply, and we have the demand. And Chief Warrant Officer John Currie is This same commander also refused the Keystone XL pipeline has gone a credit to the United States Marine Corporal Albertson’s request to change through a rigorous environmental re- Corps, and it’s an honor to reflect on housing. Instead, he forced her to live view. There’s no reason not to move his service to our Nation and to the one floor below her rapist for 2 years. forward with this vital project. The Marine Corps as we approach the 236th The commander also required her to President needs to get off the campaign birthday of the Corps. disclose medications she had been pre- trail long enough to get his adminis- f scribed to counter the trauma. Now, tration out of the way so that the Key- Corporal Albertson never filled those stone XL pipeline can be developed. SEXUAL ASSAULT IN THE prescriptions; but, nonetheless, by hav- MILITARY f ing to disclose those prescriptions, she THE HOUSE-PASSED JOBS AGENDA The SPEAKER pro tempore. The lost her security clearance. Chair recognizes the gentlewoman from But what happened to her rapist? Not The SPEAKER pro tempore. The California (Ms. SPEIER) for 5 minutes. a thing. In fact, I venture to say he has Chair recognizes the gentleman from Ms. SPEIER. Mr. Speaker, I rise been promoted, not just once, probably Georgia (Mr. WOODALL) for 5 minutes. again today with a heavy heart to talk twice, maybe three times. I have be- Mr. WOODALL. Mr. Speaker, I appre- about sexual assault and rape in the come painfully aware that at the rate ciate the time this morning. I came military, an epidemic in this country DOD is working to address this issue, down to talk about jobs too, and I that must be addressed. the epidemic of military sexual assault brought with me a card that folks may As I’ve said before, the Department will never end. have seen—I know you’ve seen it, Mr. of Defense, by its own statistics, has Mr. Speaker, this is a national trav- Speaker—that goes through the House- stated that 19,000 servicemembers, esty. Congress, the administration, the passed jobs agenda. I try to keep it women and men, every year are raped Department of Defense, all of us, all of here in my pocket so I’ll be accurate by fellow soldiers. I will continue to us should be ashamed of what is going when we talk about all of the good share these stories until something on in the military. work that is happening in the people’s changes. Survivors can email me at House to promote jobs and promote the f [email protected] if economy. they want to speak out. SUPPORTING KEYSTONE XL Because the truth is, Mr. Speaker, as Each of these soldiers was raped by PIPELINE you know, we only have two pockets another soldier, and each was subjected The SPEAKER pro tempore. The we can dig into. We can dig into the to a system of justice that protects the Chair recognizes the gentleman from pocket where we talk about govern- perpetrators and punishes the victims. Mississippi (Mr. NUNNELEE) for 5 min- ment regulations that we are repealing The story I will tell today is the story utes. to help job creators, we can dig into of Corporal Sarah Albertson. This gets Mr. NUNNELEE. Mr. Speaker, today the pocket where we talk about gov- to the rot at the root of the justice sys- I rise in support of the Keystone XL ernment mandates that we’re repealing tem in the military, and that is: a com- pipeline. to take the foot of government off the mander, one person, has complete and Opponents of this pipeline claim it throat of small businesses, or we can total discretion in deciding how and if will damage the environment, that it dig into the other pocket. And the sexual assault and rape are dealt with. will ship oil from Canada to China, and other pocket is where America’s check- Corporal Albertson served in the Ma- that increasing the supply of oil will book is. Because it’s not my check- rine Corps from 2003 to 2008. On August somehow raise gas prices. book, as your Congressman. As you 27, 2006, Corporal Albertson was raped know, Mr. Speaker, when I dig into the by a fellow marine, a man who out- b 1100 pocket for the checkbook, I’m digging ranked her. That’s right, he outranked The truth is that this pipeline has into your pocket. Every penny that we her and raped her. been through the most thorough envi- spend comes out of your pocket. Right after the rape, Corporal Albert- ronmental review of any pipeline in So we have two choices as we talk son went to her commander to inform history, the oil carried by it will go to about jobs and the economy. Are we him of what had happened. Instead of American markets, and it will help going to dig into the pocket of the detaining her alleged assailant, calling lower energy prices by moving capacity American taxpayers’ checkbook? Or in criminal investigators, or sending from growing basins in Canada, Mon- are we going to get the regulatory bur- Corporal Albertson to the hospital to tana, North Dakota, Oklahoma, and den off of America’s small businesses? preserve the evidence that would cor- west Texas that are comparable in vol- For me, the choice is easy. But the roborate her story, he told Corporal Al- ume to nearly half of the U.S. Persian choice hasn’t always been easy in this bertson that because she had consumed Gulf imports. House. Time and time again, this some alcohol, if she reported the rape, The Keystone XL pipeline will also House goes to the American people’s she would be charged with inappro- benefit America by increasing the per- checkbook to find solutions for Amer- priate barracks conduct. She was then centage of our energy supply provided ica’s problems. And I will tell you that told not to discuss her rape with any- by a stable neighbor and ally. More there’s no problem in America that one and was also ordered to ‘‘respect’’ North American oil means less oil from taking money out of somebody else’s her rapist and follow his orders because Venezuela and Iran. This pipeline will pocket is going to fix. he outranked her. It soon became clear create 20,000 high-wage construction The challenges in America are going to Corporal Albertson that others knew jobs and 100,000 indirect jobs. Keystone to come when we get government out about what had happened, and her XL will also provide a new and stable of the way. I represent, Mr. Speaker, as other superiors, acting with the open supply access to gulf coast refiners, you know, a wonderful district in Geor- support of her commander, ostracized like the one in Pascagoula, Mississippi, gia. I go back home and I talk about and harassed her. who set the price of gasoline and are what’s going on in the United States Corporal Albertson sought coun- vulnerable to OPEC and supply disrup- House. I ask folks what they want to seling. The military counselor that tions. We in the House are focused on happen on the United States House of Corporal Albertson went to, in no un- jobs and the economy, and this pipeline Representatives floor, and they say, certain terms, advised her commander is an obvious, direct example of what ROB, stop helping. Stop. Just get out of

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.011 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7266 CONGRESSIONAL RECORD — HOUSE November 3, 2011 the way. Stop helping. You don’t have gentleman from South Carolina (Mr. cerning the conversion of some of the the answers, just get out of the way. DUNCAN) for 5 minutes. plutonium material into mixed oxide If folks go, as you have gone, Mr. Mr. DUNCAN of South Carolina. Mr. fuel for commercial reactors. What I Speaker, to jobs.gop.gov, they see this Speaker, everyone knows that Wash- am saying is that the Nation needs to House’s effort to get government out of ington isn’t very popular right now, do right by South Carolina and fulfill the way. And we’ve been successful. We and a big reason why is that too often the promise to take care of the radio- were successful in passing the repeal of our leaders make decisions that lack active waste and get it out of our the President’s health care bill’s 1099 common sense. When we need to cut State. provision that burdens small busi- spending, Washington finds a way to Yucca Mountain is a geologically sta- nesses, and the President signed that spend more. When we need to create ble location; it’s the right location for bill. We’ve been successful in passing jobs, Washington piles on new regula- the job. It doesn’t get much rain, it’s in three free trade agreements, and the tions that put Americans out of work. the middle of nowhere; and when it President has signed. As we know, we When we spend billions of dollars to does rain, the arid climate evaporates have manufacturing surpluses with create a safe, permanent storage facil- the water. But let’s take, for instance, every nation with which we have a free ity for our country’s nuclear waste, that it may rain a lot one day. For trade agreement. politics gets in the way, and that facil- leakage to happen at Yucca Mountain But the work still has to be done, Mr. ity is shut down. would require that little bit of water Speaker. There are jobs bills lan- Like millions of Americans across that doesn’t evaporate to transpose guishing in the Senate. We call them the country, I’m tired that politics is through a thousand feet of granite-like the ‘‘forgotten 15’’—15 bills that the getting in the way, and I’m looking to rock. And then it’s going to get to our Senate could pass tomorrow to get gov- bring some common sense back to this concrete vault, and inside that con- ernment out of the way and get Ameri- Republic. crete vault are stainless steel can- cans back to work. And as you know, Mr. Speaker, isters. So the water erodes and trans- Two pockets we have, Mr. Speaker, there’s no better example of putting fers through a thousand feet of granite rock, through the concrete, through the American taxpayers’ pocket and politics before country than the case of the stainless steel, and it comes in con- the pocket that contains the job-kill- Yucca Mountain. Yucca Mountain is a tact with radioactive glass, glassified ing regulations that we can repeal multibillion-dollar project that was today. Let’s choose correctly, Mr. material that it’s got to erode. And supposed to be the solution for storing Speaker—let’s get jobs.gop.gov, let’s then the water has to transfer that ma- our country’s nuclear materials. Rate- get this agenda done. terial through more stainless steel, payers in States like South Carolina, through more concrete, through an- f ratepayers like my constituents, have other thousand feet of nonporous rock, poured billions of dollars into the de- KEYSTONE XL PIPELINE down to an aquifer that is a closed sys- velopment of Yucca Mountain as a nu- The SPEAKER pro tempore. The tem. Chair recognizes the gentleman from clear repository. This is why Yucca Mountain is the Texas (Mr. OLSON) for 5 minutes. Mr. Speaker, this administration right place to do the job. No one thinks Mr. OLSON. Mr. Speaker, the Presi- needs to understand that America runs that rolling fields next to a river that dent recently came before the people’s by the rule of law, and depositing our is a water source for two States, as it House and asked ‘‘whether, in the face nuclear waste at Yucca Mountain is is at Savannah River site, is a long- of an ongoing national crisis, we can the law of the land. This administra- term answer to nuclear waste disposal. stop the political circus and actually tion does not get to make willy-nilly The sooner we recognize this, the soon- do something to help the economy.’’ decisions to benefit supporters without er we can deal with the real problem. Well, Mr. Speaker, House Republicans congressional approval. And when Con- Now the Department of Energy’s blue agree circus time is over. And that’s gress spoke, in the National Waste Pol- ribbon commission is circulating a why we have passed 15 jobs bills that icy Act, it made Yucca Mountain the draft report on the future of America’s remain stuck in the Senate majority law of the land. nuclear waste, including the nuclear leader’s inbox. I was deeply disappointed when the waste currently being temporarily One of those jobs bills is the Key- Presidential candidates were recently stored at the Savannah River site. The stone XL pipeline that imports oil from asked about Yucca Mountain. I was as- Savannah River site can only be a Canada and will create over 340,000—let tonished that these good folks would short-term home for this waste. The me say that again—340,000 American echo the failed rhetoric of Senator best long-term outlook for the waste of jobs by 2015, 27,000 of those jobs in my HARRY REID. And I would remind all this sort is in a deep geological site, home State of Texas, while bringing in the Presidential candidates of the Fed- hence the need for Yucca Mountain. new revenue, all without costing the eral Government’s promise to con- The waste stored at Savannah River taxpayer one single dime. struct a long-term storage facility for site can be processed for a number of When the Keystone XL pipeline is the legacy weapons materials tempo- purposes, but ultimately this waste fully operational, we will get more oil rarily being stored in South Carolina. needs to go deep underground. from Canada than we currently import And I would remind them that this is Mr. Speaker, I urge representative from Saudi Arabia. Replacing OPEC oil the law of the land. I suspect that Lee Hamilton and General Brent Scow- with Canadian oil increases our energy many South Carolina voters, including croft, the cochairs of the blue ribbon security. And if we increase our energy myself, will expect to hear the Presi- commission, to reconsider their draft security, we increase our national se- dential candidates’ plan to solve this report to include Yucca Mountain as curity. problem during their next visit to the the long-term disposal site that Con- If we do not seize this opportunity, Palmetto State. gress mandated. Americans have already given bil- China will gladly take the oil from b 1110 Canada that the Canadians want us to lions of dollars to the State of Nevada have. While the President tours the Na- But let’s talk about the states’ rights for the construction of a safe, long- tion promoting a new half-trillion-dol- aspect of this. Where is South Caro- term storage site for nuclear material. lar stimulus plan, approval of the Key- lina’s right to be rid of this waste? This President Obama and Senator REID stone XL pipeline remains stalled. is a federally created problem, the re- shouldn’t be able to have it both ways; Mr. Speaker, the President can jump- sidual waste of our Cold War weapons Nevada must either rebate the billions start our economy and stop the polit- programs. Whole towns in my district of dollars already spent on Yucca ical circus by approving the Keystone were relocated by the Federal Govern- Mountain or stand out of the way and XL pipeline. The ball is in his court. ment to create the Savannah River allow the facility to open for business. f site. I’m not saying that we don’t want It would create jobs in the State of Ne- the Savannah River site to continue vada. South Carolina has unfairly car- YUCCA MOUNTAIN the important nuclear nonproliferation ried the burden for storing nuclear ma- The SPEAKER pro tempore (Mr. work of the Nation. And I commend terial for decades already. It’s time for WOODALL). The Chair recognizes the NNSA’s recent announcement con- this waste to move on.

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.012 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7267 May God continue to bless America. to the 9.1-percent unemployment rate b 1120 f that continues to be in the United There are already 15 jobs bills passed States. GOP JOB-CREATING AGENDA by the House that are being delayed The liberal Democrats keep pushing unnecessarily, and 3 percent with- The SPEAKER pro tempore. The for what is almost a carbon copy of the holding repeal joins those forgotten 15 Chair recognizes the gentlewoman from failed Obama stimulus that cost the in waiting in our U.S. Senate and by North Carolina (Ms. FOXX) for 5 min- taxpayers almost $1 trillion without our Senate colleagues. The House utes. having the slightest positive impact on version of this repeal continues to have Ms. FOXX. Mr. Speaker, when I go unemployment and the economy. Now strong bipartisan support. home every weekend and talk to my President Obama and the liberal elites The Senate has heard from job cre- constituents, there are two things that are asking to do it all over again— ators just as we have about the need they ask me repeatedly: What can be more spending, fewer jobs. for this legislation, and they should done about jobs, and what can be done The administration wants to con- work with us in passing commonsense about energy prices? tinue to pick winners and losers and My constituents understand the co- jobs bills, starting with the repeal of fund unproven technologies that cost the 3 percent withholding tax. lossal failure of the Obama stimulus the taxpayers billions with little or no bill. My constituents understand that return. One shining example—if that’s f government can create jobs only for the way you want to look at it—is the KEYSTONE XL PIPELINE more government bureaucrats. And Solyndra fiasco. The administration those bureaucrats will have to justify acted like a venture capital firm and The SPEAKER pro tempore. The their existence by creating more regu- squandered half a billion dollars, leav- Chair recognizes the gentleman from lations that will kill more private sec- ing the taxpayer holding the bill. Nebraska (Mr. TERRY) for 4 minutes. tor jobs. Mr. Speaker, while the liberal elites Mr. TERRY. Mr. Speaker, I’m the au- The liberal Democrats in Congress in the House and Senate keep thinking thor of one of the bills sitting in the keep asking for a Republican jobs bill. that the private sector—the job-cre- Senate, the ‘‘forgotten 15.’’ This is a Well, Mr. Speaker, we have passed at ating sector—is doing fine, House Re- bill that will instantaneously create least 15 jobs bills. We have them out- publicans will continue to craft and 20,000 jobs and spin off a potential lined on this card, as my two col- pass legislation to help job creators, to 100,000 to 200,000 additional jobs and put leagues before me talked about, and lower energy prices, and to improve the us on the path to energy security. I’m they are shown on jobs.gop.gov. We’ve economy. And I encourage Americans talking about the pipeline bill, the passed at least 15 jobs bills that will to learn about this on their own Keystone XL pipeline. help the private sector do exactly what through jobs.gop.gov. Now, that bill was passed on a mas- Americans are asking us to do, which sive bipartisan vote, 279–174, one of the is to create jobs through growth in f best bipartisan showings of nonsuspen- their businesses and allowing new busi- sion bills. It was placed on the Senate CALLING ON THE SENATE TO nesses to form. calendar on July 28. We held a press The liberal elite keep buying into the PASS JOBS BILLS conference asking the Senate to take it failed theory that government will cre- The SPEAKER pro tempore. The up. We sent a bipartisan letter to the ate millions of jobs. The reality is that Chair recognizes the gentleman from majority leader asking him to place it unless we provide the private sector California (Mr. HERGER) for 5 minutes. on the calendar for vote. with an environment that is conducive Mr. HERGER. Mr. Speaker, this This bill just simply set a timeline to job creation, jobs will be hard to House has sent numerous jobs bills to for the President and State Depart- come by. the Senate in an effort to get our Na- ment to make a decision. Then, it was Mr. Speaker, I remember the cost of tion back to work. November 1. We sit here on this day, a gallon of gasoline when President I want to call particular attention to November 4—I think it’s the 4th—and Obama was sworn in, it was $1.85. the 3 percent withholding repeal legis- the President just said 2 days ago to a Today, it is at least $3.45, an 86-percent lation I authored, which passed the local Omaha TV station anchorman increase—and it was a 100-percent in- House with overwhelming bipartisan that he’ll make a decision in a few crease until very recently. Republicans support just last week. This legislation months. have addressed this with legislation will help many small businesses create Well, I would encourage the Senate that increases American energy pro- more jobs, and the Senate should act to take up this bill; change the date, duction, provides us with energy secu- on it without further delay. The House- obviously, maybe to December 1 or De- rity, and lowers our dependency on passed bill would eliminate a burden on cember 15 or December 31. But the re- Middle Eastern oil. job creators by repealing a tax that re- ality is this permit for this pipeline is Mr. Speaker, Republicans listen to quires government agencies to with- 1,142 days old. That’s double the record the American people. We are acting to hold 3 percent of all payments for time for any other transcontinental provide business owners and entre- goods and services. pipeline—double. preneurs the tools that they need to As someone who comes from a small Yes, there is a political storm about create jobs and at the same time re- business background, I can attest that environmental safety. This trans-Cana- duce the cost of energy. We have ad- although this provision does not take dian pipeline has been studied more vanced legislation that will help our effect until the end of next year, it than any other pipeline. The environ- constituents in these two very impor- hurts job creation now because busi- mental assessments say this is the tant ways: by helping businesses and nesses look several years ahead when most secure pipeline ever designed and their communities hire people, and by they are deciding how to invest. It is has little to no impact to the environ- reducing the cost of energy. not surprising that over 150 businesses, ment of the sand hills of Nebraska and But what has happened to legislation health care, education, and local gov- the underlying aquifer. that will put Americans to work and ernment groups support passage of this Now, since all of the studies have lower energy costs? Democrat intran- legislation. In addition, over 400 Mem- shown there’s little to no risk to the sigence. The Senate has had these bills bers of the House of Representatives environment and pipelines remain the for months now and has failed the have voted for it, and President Obama safest way to transport oil to our American people by refusing to take has endorsed it, as well as Representa- United States refineries, this puts us action. Senate Democrat Majority tive BLACK’s associated cost-saving on a path to energy security. In fact, Leader REID recently said: ‘‘It’s very measure. the 700,000 barrels that come from our clear that private sector jobs are doing Instead of waiting for more stimulus friend Canada offset the oil we import just fine.’’ This failure to accept the re- bills that face bipartisan opposition, from Venezuela. And even the Depart- ality that the job-killing, anti-growth the Senate should work with the House ment of Energy said that this will al- policies of this administration and the to pass jobs bills like this one that is most offset all of OPEC oil. I think liberal elites are the key contributors supported by both parties. that secures our Nation.

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.014 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7268 CONGRESSIONAL RECORD — HOUSE November 3, 2011 And did I again—should I mention from the community who have under- payer at risk. Indeed, it will generate the 20,000 labor jobs created by this taken this role to provide a measure of more tax, not by increasing rates, but pipeline, the fact that it doesn’t impact respect and recognition to those who by increasing income, more tax re- the fragility, the ecosystem or environ- have passed. ceipts to help lower our Nation’s def- ment of the sand hills and the aquifer? Despite numerous inquiries, neither I icit. Mr. Leader, bring this bill up in the nor my staff has been able to learn any I could go on about the increase in Senate. Let’s create these jobs, let’s more about the life, service, or death of energy security, about how the oil produce our infrastructure, and let’s John Griffin. We know that John was sands actually have a better carbon secure America’s energy future. honorably discharged, but beyond that, footprint than some of the oil we are f his life and his service to our Nation now importing from Venezuela. But the have been lost for the next generation bottom line is we are in a recession of HOMELESSNESS AMONG OUR of soldiers who will serve. 9 percent. The President has the ability VETERANS In his second inaugural address, to create 20,000 jobs directly and 100,000 The SPEAKER pro tempore. The President Lincoln, looking at the thereafter. Chair recognizes the gentleman from wounds that needed to be healed as the I think because of this and to show Pennsylvania (Mr. FITZPATRICK) for 4 Civil War drew to a close, charged our the kind of across-the-aisle support for minutes. Nation ‘‘to care for him who shall have this—this pipeline is supported by the Mr. FITZPATRICK. Mr. Speaker, I borne the battle.’’ This we must do, but Laborers International Union of North rise today, as we approach Veterans we must be ever mindful that home- America, the Teamsters, the AFL–CIO, Day and we set aside time to recognize lessness, among veterans or among the the Pipeline Contractors Association, our Nation’s veterans, also to address population at large, is often a symptom and other major unions. the problem of homelessness among of a deeper problem. Addiction, b 1130 those who have served our Nation. posttraumatic stress disorder, and Homelessness is a problem facing strained family relations can collude Mr. President, please create 20,000 many Americans today, but it is par- to leave veterans without shelter. And jobs directly, 100,000 jobs indirectly, a ticularly acute in the veteran commu- while these factors may explain home- total package, targeting those people nity. While less than 10 percent of the lessness among veterans, they do not who are most unemployed now without population of the United States are excuse us, as a Nation, from remedying using a government subsidy and, in veterans, they comprise 25 percent of it. fact, by increasing government tax re- the entire homeless population. All I do not know with any certainty ceipts and, in so doing, increase our en- told, the Veterans Administration esti- what, if any, root causes led to John ergy security. Please approve the Key- mates that there are 107,000 homeless Griffin’s homelessness, but I’m certain stone XL project. veterans nationwide. Among a popu- that our Nation owed him better. We f lation that have devoted themselves to owed him more than a makeshift camp RECESS the service of our Nation, these num- in a local woods. We must rededicate bers are unacceptable. ourselves to the service of those who The SPEAKER pro tempore. Pursu- The National Cemetery at Wash- have served our Nation. ant to clause 12(a) of rule I, the Chair ington Crossing is located in my con- The story of John Griffin is not rare, declares the House in recess until noon gressional district in Bucks County, but we must work to make it so, be- today. Pennsylvania, and serves as a final cause among the men and women who Accordingly (at 11 o’clock and 31 resting place for many veterans. The sacrificed and risked their lives in the minutes a.m.), the House stood in re- location of the National Cemetery is in service of our Nation, one homeless cess until noon. the heart of Pennsylvania’s Eighth veteran is too many. f Congressional District and places the f b 1200 plight of all veterans, homeless or not, preeminently in the collective psyche UNEMPLOYMENT AFTER RECESS of my community. The SPEAKER pro tempore. The The recess having expired, the House Bucks County takes a solemn meas- Chair recognizes the gentleman from was called to order by the Speaker at ure of pride in guarding both the mor- Louisiana (Mr. CASSIDY) for 2 minutes. noon. tal remains and the honor of veterans Mr. CASSIDY. Unemployment con- f from across the Nation. And while tinues to hover over 9 percent. And Bucks County is honored and proud to when we say unemployment as 9 per- PRAYER provide a final resting place or final cent, that is a statistic. But we know The Chaplain, the Reverend Patrick home to our Nation’s veterans, our Na- that it’s just not a statistic; it is a J. Conroy, offered the following prayer: tion must ensure all veterans are hon- family. It is a family which is less able Eternal God, we give You thanks for ored and sheltered while they are liv- to provide, less able to have stability giving us another day. ing as well. Today I would like to share because of this unemployment rate. We pause in Your presence and ask one of their stories. Now, as it turns out, the unemploy- guidance for the men and women of the This past Flag Day, I was handed a ment rate is not generally distributed. people’s House. Give them wisdom, pouch containing spent shell casings It turns out it’s principally among blue strength, and love as they face the from a memorial service at the Na- collar workers. Blue collar workers tasks of the waning weeks of the first tional Cemetery. The casings were have traditionally been employed in session. Help them to be great in heart, from the service of U.S. Army Veteran manufacturing, construction, and min- genuine in commitment, generous in John Griffin, who was buried at the Na- ing. And this is one of the reasons why spirit, and good in mind that the work tional Cemetery at Washington Cross- I, and many Republicans and many done may be for the highest welfare of ing earlier this year. John served our Democrats, so strongly support the our Nation and of all nations. Nation in Vietnam from 1968 to 1970. He Keystone XL project. Whatever the experiences that come passed away in February of this year at Think about it. Because they will ex- to them and to us all this day, grant a nursing home in Pennsylvania, and tract that oil from the ground, cre- that we may meet them with quick for some period before John entered ating jobs there, they are then going to confidence and never-ending goodwill. the nursing home, he was homeless. build a pipeline, construction. And to Keep us ever faithful to our duties, John’s service was not attended by build that pipeline, they have to manu- committed to doing justice and truth, any relatives or friends. The National facture steel. We’re going to be cre- and loyal to our Nation in its lofty Cemetery holds monthly services for ating jobs by this one project in the ideals. veterans who are laid to rest without three areas that those who are now un- Bless us this day and every day, and the presence of their families. At this employed are principally employed in. may all that is done within the peo- service, the flag that draped John’s cof- Now, this is not done with govern- ple’s House be for Your greater honor fin was accepted by a group of women ment subsidies. It does not put the tax- and glory. Amen.

VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.016 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7269 THE JOURNAL balance of cuts and revenues. Unfortu- Ms. TSONGAS. Mr. Speaker, 10 The SPEAKER. The Chair has exam- nately, I think they will ‘‘go small,’’ months ago this week, Republicans ined the Journal of the last day’s pro- and that would be a tragic lost oppor- took control of the House of Represent- ceedings and announces to the House tunity. It would also be a lost oppor- atives. Since then, we have not seen his approval thereof. tunity if the supercommittee’s legisla- one comprehensive jobs bill to help put Pursuant to clause 1, rule I, the Jour- tion does not include job-creating Americans back to work. Our GOP-led nal stands approved. measures, because the best way to re- House must show urgency, where now duce deficits is to create jobs. they show indifference, in helping the f Just ten years ago, the debate in this millions of workers who have lost their PLEDGE OF ALLEGIANCE country was over the implications of jobs through no fault of their own. repaying our debt in its entirety. We The SPEAKER. Will the gentleman The American Jobs Act will help cre- had that debate because, under Presi- ate those jobs by investing in infra- from Pennsylvania (Mr. PITTS) come dent Clinton, 22 million jobs were cre- forward and lead the House in the structure and incentivizing businesses ated and record deficits were turned Pledge of Allegiance. to hire new workers. into record surpluses. Mr. PITTS led the Pledge of Alle- I have also proposed a plan to help Mr. Speaker, the supercommittee giance as follows: put people back to work; and many should be bold and include a major in- others in this Chamber, both Repub- I pledge allegiance to the Flag of the vestment in infrastructure. With inter- United States of America, and to the Repub- lican and Democrat, have other great lic for which it stands, one nation under God, est rates at historic lows, it will never ideas to support job creation. But the indivisible, with liberty and justice for all. be cheaper to finance the massive majority has thus far refused to allow backlog of improvements that we need any such measures to come to the floor f to make in order to stay competitive. for consideration. They are common- ANNOUNCEMENT BY THE SPEAKER Optimistically, economic growth sense and traditionally bipartisan steps The SPEAKER. The Chair will enter- over the next 2 years is not expected to that we should take today. tain up to 15 requests for 1-minute be enough to sustain the current em- People need jobs, they need them speeches on each side of the aisle. ployment levels. That means unem- now, and Congress must not delay any ployment will increase unless we act to further. f create jobs. TRAFFICKING GRANT I urge the supercommittee to do the f right thing—go big. The American peo- (Mr. PITTS asked and was given per- ple need to work, and much work needs mission to address the House for 1 DEFENSE CUTS INCREASING to be done. minute and to revise and extend his re- UNEMPLOYMENT BY 1 PERCENT f marks.) (Mr. WILSON of South Carolina Mr. PITTS. Mr. Speaker, earlier this POLL SHOWS SMALL BUSINESSES asked and was given permission to ad- week, The Washington Post uncovered FEAR REGULATIONS dress the House for 1 minute and to re- astonishing evidence that political ap- (Mr. HULTGREN asked and was vise and extend his remarks.) pointees at the Department of Health given permission to address the House Mr. WILSON of South Carolina. Mr. and Human Services meddled with a for 1 minute and to revise and extend Speaker, Defense Secretary Leon Pa- grant to help victims of human traf- his remarks.) netta recently warned Congress that if ficking. For 5 years, the U.S. Con- Mr. HULTGREN. Mr. Speaker, last the deficit reduction process does not ference of Catholic Bishops has pro- week I was astounded to read a new succeed, the Department of Defense vided these services. Now The Post has Gallup Poll on small business owners’ could be cut by $1 trillion. These cuts revealed that the grant renewal was de- concerns; and as you can imagine, in will threaten the effectiveness of the nied over the objections of career staff an economy like this, they have many world’s greatest Armed Forces which and despite the recommendation of an concerns. But the issue that they said provide peace through strength. Ac- independent review board that rated was the most important concern for cording to Secretary Panetta, these the Catholic program as the best agen- small business owners was complying cuts would increase America’s unem- cy to do the work. In fact, some career with government regulation. ployment rate by 1 percent, nearly 1.5 staff within HHS refused to sign the You know what? I didn’t need a Gal- million workers. Drastic cuts will limit documents awarding the new grants. It lup Poll to tell me what I’ve heard advanced equipment that is essential cannot be a coincidence that the ACLU from dozens of small business owners to protect our servicemembers who are is suing to force the Catholic bishops across my district. They feel threat- defeating terrorists overseas. to offer abortion services with this ened by the Obama administration’s For the United States to successfully grant money. avalanche of needless red tape. continue to protect its families, Con- It is outrageous that the administra- In the House, we’ve worked hard to gress should not further cut the de- tion appears to be letting the ACLU cut that red tape, provide a pro- fense budget, which destroys jobs and dictate policy and interfere with a growth, pro-jobs environment here. undermines our manufacturing base. grantee that is doing good work. Vic- We’ve passed more than 15 bills to cut Yesterday in Roll Call, Army Secretary tims of trafficking will now face a re- red tape, most of them with bipartisan John McHugh, our former colleague, duced level of service because of polit- support. You can see all of them at advised, ‘‘We can’t break faith with the ical meddling. jobs.gop.gov. Unfortunately, they now men and women who fought for us dur- A complaint has been referred to the languish over in the cul-de-sac at the ing the past decade.’’ HHS inspector general. I hope there other end of this building called the In conclusion, God bless our troops, will be a thorough investigation deter- ‘‘do-nothing’’ Senate. and we will never forget September the mining whether religious bigotry So I urge the Senate to listen to 11th in the global war on terrorism. played a role in this grand decision. American small business owners, listen f to their concerns. Pass the forgotten f 15. Get Washington off the backs of THE SUPERCOMMITTEE AND JOBS small business and get Americans VOTER SUPPRESSION (Mr. HIGGINS asked and was given working again. permission to address the House for 1 f (Ms. FUDGE asked and was given minute.) permission to address the House for 1 Mr. HIGGINS. Mr. Speaker, this ACT NOW TO PUT AMERICANS minute and to revise and extend her re- week the partisan chairs of the pre- BACK TO WORK marks.) vious deficit reduction commissions (Ms. TSONGAS asked and was given Ms. FUDGE. Mr. Speaker, I rise to admonished the supercommittee to ‘‘go permission to address the House for 1 address the right of every American, big’’ with a package that includes a minute.) and that is the right to vote.

VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.019 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7270 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Republicans across this Nation are Cleveland talk show host, Mike small businesses need this legislation attempting to suppress certain pre- Trivisonno, who told me he and his lis- now to grow and hire new workers. Cre- determined populations of eligible vot- teners, who are many, are concerned ating jobs and strengthening the econ- ers. In Ohio, they are trying to limit that an al Qaeda flag is flying over the omy is my highest priority, and I voting by mail, which greatly affects courthouse in Benghazi, Libya. It was strongly urge this Congress to remain seniors, the disabled, and students. put there by the same group that we focused on these goals because they are In 2009, in the county in which I live, helped to oust the Qadhafi regime. the most pressing challenges facing Cuyahoga County, we eliminated 26 Trivisonno is right. U.S. soldiers died Americans today. percent of all of our precincts because fighting al Qaeda in Afghanistan, but The President’s American Jobs Act of the effectiveness of our vote-by-mail in Libya we enabled al Qaeda to raise will cut the payroll tax in half for 98 operation. We saved more than $1.2 their flag? Will al Qaeda now have ac- percent of small businesses. The non- million on voting machines alone. And cess to Libya’s oil wealth thanks to the partisan Congressional Budget Office with fewer precincts, we save at least U.S.-led invasion? estimates that cutting of the payroll $800,000 for each countywide election Months ago I raised this question tax is one of the most effective job-cre- by having people vote by mail. Yet Re- about elements of al Qaeda reportedly ating measures. In addition, the Presi- publicans passed legislation that would being involved with so-called rebels. dent’s proposal will completely elimi- restrict counties from mailing ballots. This administration looked the other nate payroll taxes for businesses that As a consequence, this year alone, way. Why? What are we doing? add new workers. This incentive is di- early voting is down by one-third from Our international policies are a di- rectly targeted to encourage small last year. version from our disastrous domestic businesses to hire new workers. Mr. Speaker, I urge my colleagues on With such an efficient vote-by-mail policies: 14 million unemployed, mil- both sides of the aisle to put partisan system, why would Republicans seek to lions of small businesses at risk, mil- politics aside and pass this legislation eliminate mail ballots or to confuse lions of homes at risk, Social Security now because American families and voters? Why are Republicans pushing at risk. small businesses are in need of jobs policies that seem to have no other ob- Wake up, America. The administra- now. jective than to disenfranchise our citi- tion just helped elements of al Qaeda zens? knock off one of the world’s leading oil f f producers. Their flag flies over THE FORGOTTEN 15 Benghazi. It’s time for us to get out of b 1210 (Mr. PENCE asked and was given per- these foreign adventures and start tak- mission to address the House for 1 SENATE NEEDS TO ACT ON ing care of things here at home. minute and to revise and extend his re- FORGOTTEN 15 f marks.) Mr. PENCE. Well, with a national (Ms. HAYWORTH asked and was SONGWRITERS’ TAX LEGISLATION given permission to address the House government seemingly incapable of for 1 minute and to revise and extend (Mrs. BLACKBURN asked and was confronting a mountain range of debt her remarks.) given permission to address the House and a national media preoccupied with Ms. HAYWORTH. Mr. Speaker, in re- for 1 minute and to revise and extend politics, I have to tell you, Mr. Speak- sponse to the President’s jobs plan, her remarks.) er, as I travel across the State of Indi- Linda Shevchuk from Carmel, New Mrs. BLACKBURN. Mr. Speaker, I ana, one thing is clear: In the city or York, in my own 19th district, sent the rise to speak about legislation I’m in- on the farm, Hoosier families are hurt- following letter to me: ‘‘The govern- troducing dealing with tax options for ing. Unemployment in the State of In- ment’s first priority should be to make songwriters and music publishers. The diana is a heartbreaking 8.9 percent, sure that existing programs and agen- Songwriters Tax Simplification Reau- and Hoosiers want action on jobs. cies are operating efficiently and effec- thorization Act reinstates the ability Now, the President is traveling tively. I can’t fathom how the Presi- of American music publishers and self- around the country talking about his dent can ask for more revenue when published songwriters to elect to use a legislation. He says that the American there is so much waste in our govern- 5 year, 20 percent per year amortiza- people can’t wait to take action on ment. Government needs to act more tion schedule. We had this tax option jobs, and let me just say, I couldn’t agree more. The good news is House like a business. In order to succeed, a from 2005 to 2010. Inadvertently, it Republicans have a plan, and House Re- business has to operate efficiently and wasn’t reauthorized. publicans have taken action. effectively, be innovative, set a reason- Under current law, tax options avail- able to songwriters and publishers are Since the first of this year, House Re- able budget, and operate within that publicans have passed no less than 15 budget.’’ unworkable, obsolete, and cost-prohibi- tive. This creates a disincentive to new different pieces of legislation to create Ms. Shevchuk, you’re absolutely jobs in America. These are common- right. In fact, on our list of the forgot- investment at a time when the music industry is under assault from illegal sense, bipartisan bills that have passed ten 15 bills that we need the Senate to the House of Representatives and are piracy online and as they are fighting act on right away, there is the budget now languishing in the Senate. We call to retain and create jobs. for fiscal year 2012. It has now been 918 them the forgotten 15. Among the for- A 16-year-old singer-songwriter days since the American people re- gotten 15 is legislation to increase do- named Bonner Black from Hot Rock, ceived a budget for the Federal Govern- mestic energy production, reduce the ment because our Senate has not yet Tennessee, came to Washington last harmful Federal regulatory burden on acted. month to build support for this idea. jobs, help unemployed veterans, and Please call your Senators across the Her dream is the American dream—to the rest. country—and, Ms. Shevchuk, call our write songs that inspire and entertain I urge my colleagues in the other Senators from New York—and ask us. We need this legislation to make body to take action on the forgotten them to act on the forgotten 15, includ- certain songwriting remains a part of 15. We can’t wait. Let’s take the meas- ing the budget for fiscal year 2012, so the American dream. ures necessary to put Americans back that we can free our economy, free our f to work. hardworking American taxpayers, and THE PRESIDENT’S AMERICAN JOBS f get us all back to work. ACT AND SMALL BUSINESS END CHINESE CURRENCY f (Ms. EDDIE BERNICE JOHNSON of MANIPULATION WAKE UP, AMERICA Texas asked and was given permission (Mr. CICILLINE asked and was given (Mr. KUCINICH asked and was given to address the House for 1 minute.) permission to address the House for 1 permission to address the House for 1 Ms. EDDIE BERNICE JOHNSON of minute.) minute.) Texas. Mr. Speaker, I rise today to Mr. CICILLINE. Mr. Speaker, I re- Mr. KUCINICH. Mr. Speaker, I spoke speak in support of the President’s cently visited two factories in my dis- yesterday with a very well-known American Jobs Act because America’s trict in Woonsocket, Rhode Island—a

VerDate Mar 15 2010 01:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.021 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7271 textile mill, Hanora Spinning; and a b 1220 however, I’m reminded that without producer of personal care products, Di- SOCIAL SECURITY the hard work and selfless sacrifice and versified Distribution. These businesses attitude of our World War II veterans, had a clear message: They believe in (Mr. GENE GREEN of Texas asked this Nation truly would not be what it making it in America, but they need an and was given permission to address is today. even playing field. the House for 1 minute and to revise and extend his remarks.) f The U.S. has the best workers in the Mr. GENE GREEN of Texas. Mr. world and makes the best products in Speaker and Members, I rise in support NO JOBS the world, but we need policies that of the 54 million retirees, disabled (Mr. PAYNE asked and was given allow us to compete and prevent cheat- workers, children and spouses in our permission to address the House for 1 ing by our global competitors. Rhode country who currently receive Social minute and to revise and extend his re- Island businesses, American businesses, Security. For 75 years, Social Security marks.) can’t compete with their Chinese coun- has served as a promise to the men and Mr. PAYNE. Forty-three weeks, Mr. terparts who keep their currency arti- women who worked hard all their lives Speaker. For 43 weeks, my Republican ficially low so their imports are cheap- to make this country great that they colleagues have led the House, and er than U.S. goods. could look forward to financial secu- they have failed to pass a single bill to It’s time to end this unfair practice, rity later in their lives. create jobs. Our national unemploy- and I’m calling on the Republican lead- Social Security was designed to be ment rate has returned to 9.1 percent ership in the House to allow a vote on one leg of a three-legged stool. Unfor- after declining earlier this year and the Currency Reform for Fair Trade tunately, the other two legs—savings late last year as a result of the Recov- Act. This is a bipartisan bill that could and pensions—aren’t there for many ery Act. create between 500,000 and 2 million seniors. Only 41 percent of seniors have Yet my colleagues who ran on the jobs. Ending the cheating by our trad- employer-sponsored pensions. Three platform of upholding a pledge to ing partners, especially the Chinese, we out of five senior households have no America to create jobs and strengthen can level the playing field for Amer- retirement savings at all, and one in the economy have failed to do so. In- ican manufacturers and create jobs. We three seniors rely on Social Security stead of delivering on their promise to must bring H.R. 639 to the floor for a for 90 percent or more of their entire the 14 million Americans without jobs, vote now. income. the Republican Congress has decided to The Joint Select Committee on Def- take off of work for themselves. f icit Reduction should not look at So- This Republican-led Congress has cial Security as a way to pay down our only been at work for 111 days, leaving UNESCO AND THE PALESTINIAN national debt or as a way to offset tax 105 days off for recess. With so many of AUTHORITY cuts for the most fortunate in our our constituents out of work, Congress country. Social Security is not in cri- should be at work on their behalf, (Mr. FLAKE asked and was given sis. It presently has a surplus of over doing its job and creating jobs for permission to address the House for 1 $2.6 trillion—enough to pay its obliga- Americans and improving America’s minute.) tions in full over the next 25 years. economy. Mr. FLAKE. Mr. Speaker, on Mon- Social Security needs to be reformed That is what my Democratic col- day, October 31, UNESCO voted to over the long term. These reforms need leagues and I have tried to do. We have award the Palestinian Authority full to be debated in proper order inside the proposed commonsense legislation that membership in its organization. appropriate committees in the House would strengthen our economy and cre- UNESCO made the decision in spite of and Senate and not hastily put to- ate jobs now. And we say that this is an existing U.S. law which prohibits gether. I ask my colleagues to stand what we were sent to Washington to U.S. contributions to the United Na- together with America’s seniors and do. We must create jobs now. tions or any associated organization support a strong, robust Social Secu- f that awards the Palestinian Authority rity program. the same standing as full member f VETERANS OPPORTUNITY TO states. IN MEMORY OF BYRON DAY TATE, WORK ACT It defies logic that UNESCO would JR. (Mr. BILIRAKIS asked and was given willingly forgo nearly one-quarter of (Mr. NUGENT asked and was given permission to address the House for 1 its budget—the 22 percent that is con- permission to address the House for 1 minute and to revise and extend his re- tributed by the United States each minute.) marks.) year—in exchange for awarding the PA Mr. NUGENT. Mr. Speaker, born Sep- Mr. BILIRAKIS. Mr. Speaker, I rise full member status. This decision is es- tember 13, 1921, in Chicago, Illinois, today to speak about jobs. Millions of pecially troubling considering that it Byron Day Tate, Jr., spent his early Americans are hurting and in need of will only diminish the prospects for years working alongside his brother as work. Our Nation’s veterans have been genuine peace between Israel and the a brass and iron molder. On November particularly hard hit by the economic Palestinians, which can only be 14, 1942, Byron answered the call to downturn. With Veterans Day ap- achieved through direct negotiations service and enlisted in the United proaching, it is heartbreaking to see so between the parties involved and not States Army. While in the service, he many of our Nation’s heroes suffering. by fiat. saw action with the 1st Army across Nearly 1 million veterans are unem- Nevertheless, UNESCO has made its the European Theater under the com- ployed right now, and their unemploy- decision, and the U.S. should stand by mand of General Omar Bradley. He ment rate exceeds the rest of the Na- existing law and cut off funding for the joined the D-day invasion force in July tion. organization. Anything short of this of 1944 and saw combat in the Battle of We must act now, Mr. Speaker. Here will send a clear message to other the Bulge. in the House, we have passed the Vet- international organizations consid- After returning to Chicago as a deco- erans Opportunity to Work Act. This ering similar action that Congress and rated and proud Army veteran, he mar- legislation takes an all-encompassing the United States does not follow up on ried the love of his life, Mildred, and approach that incorporates education what it says. It will also send a mes- like so many of our brave World War II and training, eliminates roadblocks in sage to America’s allies, most espe- heroes, he went on to become part of the system, and helps veterans com- cially Israel, that the United States the greatest generation the world has pete in a 21st-century economy. cannot be taken at its word. Congress ever seen. Putting our veterans back to work is needs to stand by Israel and all of its On October 20, 2011, my uncle Byron something we can all agree on, Mr. allies and hold UNESCO accountable Day Tate, Jr., passed away at his home Speaker; and I encourage the Senate to for the decision that it made. in Macon, Georgia. With his passing, address this important issue.

VerDate Mar 15 2010 01:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.023 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7272 CONGRESSIONAL RECORD — HOUSE November 3, 2011 JOBS businessowners create jobs. That’s why latory maze and do commercial lend- (Mr. MORAN asked and was given I’m here today to urge Majority Leader ing. We have reasonable real estate de- permission to address the House for 1 REID and our colleagues in the Senate velopment, trucking and manufac- minute and to revise and extend his re- to pass these 15 jobs that we have cre- turing for all types of products, a mili- marks.) ated in a bipartisan manner over here tary and civilian workforce who work Mr. MORAN. Mr. Speaker, we can’t in the House. America cannot wait, Mr. together, small business owners and cut our way to national prosperity. REID. Take up our bills. employees who love to serve our com- Since President Obama took office, pri- f munity, and pro-business, pro-family laws and regulations. vate sector employment has steadily BULLYING PREVENTION grown; but largely due to misguided There is something our Nation could priorities of many Republican office- (Ms. JACKSON LEE of Texas asked learn from a city like Oklahoma City. holders, public sector cuts have offset and was given permission to address f the House for 1 minute and to revise that private sector job gain. In fact, A SALUTE TO PUBLIC EMPLOYEES the States that took the most severe and extend her remarks.) (Mr. ELLISON asked and was given hatchet to their State budgets have Ms. JACKSON LEE of Texas. We can- permission to address the House for 1 lost the most jobs and faced a more se- not forget our children, and I ask that minute.) vere economic downturn. But the this body not close the doors on the Mr. ELLISON. Mr. Speaker, my States that increased spending in the Good Samaritan. Let that person in. friends on the other side of the aisle public sector saw real and steady eco- I would encourage the support of H.R. are very fond of saying that govern- nomic growth since the recession 83 that has focused on protecting our ment doesn’t create jobs but only the began. children from bullying. I have founded private sector. But all you’ve got to do According to a study by the Center and cochaired the Congressional Chil- is talk to any small business person on for American Progress, that’s because dren’s Caucus with my colleague from any Main Street in America and ask there’s a corresponding increase in the Illinois, a bipartisan caucus that wants them, if the police department didn’t private sector when we pursue a re- to remember the children. I encourage come out and make sure that they had sponsible policy of investment in the my colleagues to sign on to H.R. 83 so a safe neighborhood, how would that public sector. Some States have, in that we can have a national statement affect their business? Or you can go to fact, slashed their way into a deeper against bullying and begin to fund the a trucking company and say, you economic slump. Yes, big cuts in public best practices that our communities know, if the roads and the bridges and spending do have an immediate effect can work on to protect our children. the transportation network of this on the quality of life; but it’s worse if And then I want to ensure that the country were not in place, could you in addition to affecting our quality of 2.5 million Americans that will lose ship products if we didn’t have an life, we are actually making the na- their unemployment in 2012 are pro- interstate highway system? They tional employment situation much tected. Let’s determine that those who would tell you, obviously the govern- worse. There’s abundant data to sup- have worked not be left in the cold ment helps business. Obviously. This is port that conclusion. without unemployment benefits. so obvious that we have to state the Mr. Speaker, the fact is that Presi- And as we look forward to Veterans obvious here on the floor of Congress. dent Obama’s jobs bill invests in teach- Day, I want to stand publicly and say This anti-government, anti-public ers, cops and firefighters because he that I oppose any cuts to veterans ben- sector, anti-public employee and work- knows that that investment will stim- efits by the supercommittee. I stand in er attitude does not help our country. ulate more private sector capital in- support of our veterans and declare It sets us back, and it is wrong. And I, vestment in our communities. That’s that if they gave us a promise and for one, want to salute the everyday why it should be passed. their willingness to sacrifice their life, we must stand in promise to them to heros—the cops, the firefighters, the f never cut their benefits. Let me say to teachers, the people who work on our JOBS the homeless veterans that I visited, roads, the people who make sure we we, too, respect your condition and have clean water and air to breathe. (Mrs. BLACK asked and was given your service. We will not cut veterans Go for it, public employees. We’re permission to address the House for 1 benefits. proud of you. minute.) f Mrs. BLACK. Mr. Speaker, I’m here f HOUSE REPUBLICAN PLAN FOR today to talk about jobs. People in the b 1230 Sixth District of Tennessee are hurt- AMERICA’S JOB CREATORS OKLAHOMA CITY: CITY ON A HILL ing. Our State has currently a 9.8 per- (Mr. DESJARLAIS asked and was cent unemployment rate, and we have (Mr. LANKFORD asked and was given permission to address the House been at over 9 percent unemployment given permission to address the House for 1 minute.) since February of 2009. Many of my for 1 minute and to revise and extend Mr. DESJARLAIS. If the Obama ad- counties are well above the Tennessee his remarks.) ministration is serious about creating average. In Overton County, in the Mr. LANKFORD. As we talk about jobs for the American people, they eastern part of my district, their un- jobs in America, let’s talk about a posi- should start by listening to America’s employment rate is 10.6 percent; and in tive story: Oklahoma City, ranked yes- job creators. Marshall County in the southern part terday as having the number one best As part of my Tennessee Job Cre- of my district, 13.8 percent of our popu- employment rate in America among ators Tour, I’ve had the opportunity to lation is out of work. cities of 1 million or more. meet with over 40 businesses. They The President’s new slogan on jobs of In our federal system of government, have a clear message on how Wash- ‘‘We can’t wait’’ is an odd choice. Right States and cities compete for excel- ington can help create jobs: Get gov- now, there are 15 House-passed bills sit- lence, and the result is a terrific city ernment spending under control; create ting on the Senate desk waiting for ac- like Oklahoma City. a fair, flatter and simpler Tax Code; tion. Since day one, I have been work- What made it work? I can tell you and repeal job-killing regulations that ing with my colleagues to create cer- what made it work: Great State and hurt their ability to do business and tainty in our economy, trying to cut local leadership, people who love to hire more workers. the burdensome red tape and get gov- work, commonsense regulations lo- House Republicans understand the ernment out of the way. Throughout cally, business owners who build great importance of freeing our Nation’s our Nation’s history, it’s been the businesses, and a great community. In business owners from the confidence- American entrepreneurial spirit that Oklahoma City, you see, we have tradi- killing threat of higher taxes and more has pushed us forward. tional and new energy production regulation so that they can invest, Put simply, government does not cre- working well side by side, community grow, and hire. To accomplish this, we ate jobs. American small banks that work through the regu- have passed a total of 17 job-creating

VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.028 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7273 bills this year, and they are now stuck LET’S WORK TOGETHER TO credits if they hire people. But when in the Senate. Please go to jobs.gop.gov REBUILD INFRASTRUCTURE you ask them about regulation, regula- and read the plan. (Mr. COHEN asked and was given per- tion is not the issue, Mr. Speaker. The Democrats’ suggestion that mission to address the House for 1 ‘‘poor sales’’ are driving unemployment f minute.) is shortsighted and out of touch, con- Mr. COHEN. Mr. Speaker, jobs is the COMMUNICATION FROM THE sidering the overwhelming consensus most important issue this House can CLERK OF THE HOUSE among the businesses I have personally deal with. And it’s been said in the past visited. The SPEAKER pro tempore (Mr. It’s time for Senate Democrats and that there are two things that are bi- YODER) laid before the House the fol- President Obama to follow our lead and partisan: defense budgets and infra- lowing communication from the Clerk pass these 17 bills. structure budgets, transportation. of the House of Representatives: Historically, we’ve gotten together f OFFICE OF THE CLERK, on transportation and we’ve had a HOUSE OF REPRESENTATIVES, NOT A PRETTY PICTURE FOR transportation bill and we’ve developed Washington, DC, November 3, 2011. POLICE OFFICERS a great infrastructure that made this Hon. JOHN A. BOEHNER, (Mr. PASCRELL asked and was given country the country that it is. No The Speaker, House of Representatives, permission to address the House for 1 longer is America the top nation in the Washington, DC. minute.) globe on infrastructure; it’s countries DEAR MR. SPEAKER: Pursuant to the per- Mr. PASCRELL. Mr. Speaker, just a in Asia and other places. We’re 15th on mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- few days ago, Bernard Melekian, who is the list on infrastructure. tives, the Clerk received the following mes- Director of the Justice Department’s The President’s got a jobs bill that sage from the Secretary of the Senate on No- Office of Community Oriented Policing will put $50 billion into roads and vember 3, 2011 at 9:36 a.m.: Services, produced a job loss ratio and bridges, infrastructure, and put people That the Senate passed S. 271. report on the police departments to work—25,000 people for $1 billion of That the Senate passed S. 278. throughout the United States of Amer- investment go to work. That the Senate passed S. 535. ica. Mr. Speaker, it was not a pretty Ray LaHood, a Republican Member of That the Senate passed S. 683. picture. We pat our police officers on this House when I started, now the Sec- That the Senate passed S. 684. the back, say they do a good job, and That the Senate passed S. 808. retary of Transportation, said yester- That the Senate passed S. 897. watch 12,000 of them lose their jobs in day that the Republican side—or at That the Senate passed S. 997. the United States of America. least some part of it—is not here to get With best wishes, I am There’s one point I want to bring out things done, that they’re here only to Sincerely, here, Mr. Speaker, and it’s this: If we defeat this President, and they need to KAREN L. HAAS. place so much homeland security re- pass the bill to put people to work and f sponsibilities on our first responders, improve infrastructure. then how in God’s name can we turn I agree with Secretary LaHood. Let’s MOTION TO INSTRUCT CONFEREES our backs when cities and towns and work for America together, let’s be bi- ON H.R. 2112, AGRICULTURE, rural areas are in tough financial partisan, and let’s rebuild our infra- RURAL DEVELOPMENT, FOOD shape? We will have an opportunity to structure. AND DRUG ADMINISTRATION, rectify and right the ship this after- AND RELATED AGENCIES APPRO- noon. f PRIATIONS ACT, 2012 f REPUBLICANS ARE HOLDING UP JOB CREATION Mr. ROGERS of Kentucky. Mr. CALLING ON SENATE TO PASS Speaker, I ask unanimous consent to JOBS BILL (Mr. PALLONE asked and was given take from the Speaker’s table the bill (Mr. MULVANEY asked and was permission to address the House for 1 (H.R. 2112) making appropriations for given permission to address the House minute.) Agriculture, Rural Development, Food for 1 minute.) Mr. PALLONE. Mr. Speaker, I want and Drug Administration, and Related Mr. MULVANEY. Mr. Speaker, last to follow up on my colleague from Ten- Agencies programs for the fiscal year week, unbeknownst to most people be- nessee. ending September 30, 2012, and for cause it doesn’t get a lot of coverage, I heard my Republican colleague on other purposes, with the Senate we did something in this House that the other side of the aisle talk about amendments thereto, disagree to the most people in the Nation didn’t think the Senate. Well, the fact of the matter Senate amendments, and request a con- we had the capability of doing. We is that the Senate Democrats, on at ference with the Senate on the dis- passed, on a bipartisan basis, a bill least two occasions, have tried to bring agreeing votes of the two Houses. that will help put people back to work. up the American Jobs Act, the Presi- The Clerk read the title of the bill. We passed a bill that made it easier for dent’s job initiative. They even broke The SPEAKER pro tempore (Mr. companies that do business with the it into smaller pieces. But what hap- DESJARLAIS). Is there objection to the Federal Government to get paid, the 3 pens is they vote for it, but they can’t request of the gentleman from Ken- percent withholding rule. It passed get the 60 votes because none of the Re- tucky? through subcommittee on a bipartisan publicans will join with them to get There was no objection. basis, through committee on a bipar- over that 60-vote majority rule. So this Mr. DICKS. Mr. Speaker, I have a tisan basis, and off of the floor of this is being held up by the Republicans. motion to instruct at the desk. House on a bipartisan basis. It is actu- Here in the House, Speaker BOEHNER The SPEAKER pro tempore. The ally part of the President’s jobs plan— has said that he will not post the Clerk will report the motion. the President directly addresses this 3 American Jobs Act. You know, it’s The Clerk read as follows: been 43 weeks since the Republicans percent withholding in his jobs bill— Mr. Dicks of Washington moves that the yet it got absolutely no attention. took control of the House and they managers on the part of the House at the More importantly, it sits today at the haven’t passed a single jobs bill yet. conference on the disagreeing votes of the Senate with absolutely no activity on When the Republicans say, oh, they’re two Houses on the Senate amendment to the it. passing bills to deregulate, that’s not bill, H.R. 2112, be instructed to insist on (1) This House, Mr. Speaker, has done its going to create jobs. the highest level of funding for the ‘‘Federal job, and we’ve done our job on a bipar- I have spent a lot of time in the last Highway Administration—Emergency Relief tisan basis to pass a bill to put people few weeks going around my district to Program’’ account, within the scope of con- back to work. But the Senators—most some of the Main Streets and talking ference and only for activities consistent with the definition of ‘‘disaster relief’ in- specifically, the Democrat leadership to small businesses. They like the cluded in the Budget Control Act of 2011, and in the Senate—are not doing their job, American Jobs Act because they like (2) the highest level of funding within the and I call upon them to do exactly the fact that it has the payroll tax re- scope of conference for the Community Ori- that. duction. They like the various tax ented Policing Services (COPS) programs.

VerDate Mar 15 2010 01:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.030 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7274 CONGRESSIONAL RECORD — HOUSE November 3, 2011 b 1240 be at the top of the list of things to fix ticular problem. It’s not going to get The SPEAKER pro tempore. Pursu- in the CJS bill with a higher alloca- better. ant to clause 7 of rule XXII, the gen- tion. I work very closely with my counter- The House has supported COPS on a part, Representative REICHERT, who tleman from Washington (Mr. DICKS) was a sheriff’s officer in Washington and the gentleman from Kentucky (Mr. bipartisan basis, and it is needed now more than ever. The economic down- State, to cochair the Law Enforcement ROGERS) each will control 30 minutes. Caucus. Earlier this year, 115 Members The Chair recognizes the gentleman turn of the last few years is straining of this body, Republicans and Demo- from Washington. the resources of State, local and tribal governments across the country. Pub- crats, supported these programs in a GENERAL LEAVE lic safety agencies have been affected letter to appropriators. Mr. DICKS. Mr. Speaker, I ask unani- along with nearly everyone else. It is just not enough, Mr. Speaker, to mous consent that all Members may According to the COPS office, nearly pat our police officers on the back. We have 5 legislative days to revise and ex- 12,000 police officers and sheriff’s depu- must support them. The Federal Gov- tend their remarks on the motion to ties will have been laid off by the end ernment has a particular responsi- instruct. of 2011. Approximately 30,000 law en- bility, specifically, to debate the issue The SPEAKER pro tempore. Is there forcement jobs are unfilled. And an es- and look at the issue of homeland secu- objection to the request of the gen- timated 28,000 officers and deputies rity. They’re the first there, our fire- tleman from Washington? faced week-long furloughs in 2010. fighters. If there’s any manmade dis- There was no objection. We can’t fix all the financial pres- aster or act of nature, they show up Mr. DICKS. Mr. Speaker, I yield my- sures facing local law enforcement, but first before anybody from the Federal self as much time as I may consume. we can do something to help stem the Government. The motion instructs conferees to tide. This motion would support the To see the number of police officers provide funds needed for the Federal hiring or rehiring of approximately being reduced in this country is uncon- Highway Administration to eliminate 1,500 police officers in FY 2012. scionable, particularly after 9/11. Our the backlog of repairs to highways, Mr. Speaker, I urge the House to vote crime is rising specifically in the towns roads and bridges damaged in natural ‘‘yes’’ on the motion to instruct, and I where these police officers have been disasters. The motion also instructs reserve the balance of my time. laid off, furloughed, demoted—and cer- the conferees to fund the Community Mr. ROGERS of Kentucky. Mr. tainly lack the promotions. The Fed- Oriented Policing Services (COPS) pro- Speaker, I have no other speakers eral Government has some responsi- grams. other than myself at this point; so I re- bility here. I would also like to place into the It is not unusual for Congress to ap- serve the balance of my time. ECORD a very strong statement on the propriate funds to address the backlog Mr. DICKS. I yield 4 minutes to the R issue of the matter of crime in our cit- of disaster repairs for highways, distinguished gentleman from New Jer- ies and in our towns. I will make that bridges and roads. Since 1989, Congress sey (Mr. PASCRELL), who has been a appropriated additional funds to elimi- Exhibit B. tireless advocate for both the COPS I think the homeland security issue nate the emergency relief backlog on program and our firefighters and for 20 separate occasions. is a critical issue. But let’s bring it local law enforcement. back to our own towns. Police depart- This motion will put nearly 60,000 Mr. PASCRELL. I thank the gen- ments in the United States now have construction workers to work repairing tleman from Washington for yielding. put on a list of priorities what they’re roads and bridges in 37 States. The I want to thank Mr. DICKS for his going to respond to and what they can- Federal Highway Administration needs leadership on this issue. I want to about $1.76 billion for emergency relief not respond to. thank Mr. ROGERS for his open-minded- Listen to these. They’ve stopped re- repairs in States that received a Presi- ness, as usual, hopefully as we go into dential disaster declaration. sponding to motor vehicle thefts in this discussion. many towns. They’ve stopped respond- I would remind my colleagues that As cochair of the House Law Enforce- the Budget Control Act reformed the ing to burglar alarms that go off. ment Caucus, I want to call everyone’s They’ve stopped responding to non-in- process for determining the total attention to one of the glaring dif- amount available for disaster relief jury motor vehicle accidents. In many ferences between the bill the Senate towns, the warrant squads—if you funding. Funding is based on objective passed earlier this week and the one re- criteria. Disasters must be declared, don’t know what a warrant squad is, ported by our own Appropriations Com- then you don’t know what police de- and the total amount cannot exceed mittee: Funding for our local police of- the rolling 10-year historical average. partments do day in and day out. ficers. They’ve minimized, two or three people If conferees provide the highest level of The Senate bill contained $232 mil- left to try to find the folks that have disaster relief funding within the scope lion for the COPS office, including $200 perpetuated crimes in our commu- of conference, it will be within that million for COPS hiring. This bill com- range. The motion instructs conferees nities. pletely eliminated funding altogether. They’ve reported decreases in inves- to remain consistent with the Budget We’re here today to try to rectify that tigations of property crimes. You talk Control Act. And the act makes clear situation. about a response when you call the po- that if disaster relief funding is within Mr. Speaker, we know that State and lice department. Wait till you see the the average, it does not need to be off- local governments are still slashing response in terms of investigating set. their budgets as a result of the reces- these particular crimes. The motion simply asks the House to sion. In fact, just last week the Depart- This has all come out under the Jus- honor the agreement on disaster relief ment of Justice released a sobering re- tice Department. I’m not making these reached in the Budget Control Act. port, ‘‘The Impact of the Economic numbers up. That’s why I submit for The motion also instructs the con- Downturn on American Police Agen- the RECORD the numbers. ferees to support the highest level of cies.’’ I think all of our Members funding for COPS within the scope of should read it. I want to place this as b 1250 conference. The House bill, as reported Exhibit A in my presentation today, Let me just conclude, Mr. Speaker, in by the Appropriations Committee back Mr. Speaker, into the RECORD. saying this has to be a priority. Pro- in July, included no funding for the The report revealed that nearly 12,000 tecting the public is our primary pri- COPS programs. However, the Budget law enforcement officers will lose their ority, and I ask consideration of what Control Act provides a higher discre- job this year alone. Another 30,000 posi- the gentleman from Washington is put- tionary funding total for FY 2012 than tions remain unfilled, and 2011 would ting forth today. the allocation the committee was produce the first national decline in [From the New York Times, Oct. 21, 2011] working with during the summer. This law enforcement officers in 25 years. IN HIGH-CRIME AREAS, STILL TOO FEW POLICE permits the House to fund some items Less cops on the beat means more (By Dan Mihalopoulos and Hunter Clauss) that were difficult to provide for in crime on the streets, plain and simple. Despite Mayor Rahm Emanuel’s highly July. And the COPS programs should It is a very specific aspect of this par- promoted efforts at concentrating additional

VerDate Mar 15 2010 04:38 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.033 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7275 police patrols in the city’s most dangerous tirements and other attrition quickly drove The 4th district, in the city’s southeast neighborhoods, many crime-ridden police down the count of sworn officers on the pay- corner, had the largest gap between staffing districts still have fewer officers patrolling roll. level and violence, with 4.05 violent crimes their streets than far safer areas of the city Since his inauguration in May, Mayor per officer. have, according to recent data obtained by Emanuel and his new police superintendent, The 4th district covers most of the 7th The Chicago News Cooperative. Garry McCarthy, have faced reality. In pre- Ward, whose alderman, Sandi Jackson, The data included officer-assignment data senting his 2012 budget-proposal, Mr. Eman- praised Mr. Emanuel for adding officers to for all 9,400 Chicago police officers, as well as uel said he would delete more than 1,200 pe- areas of greater need, despite tight budget almost 1,000 detectives—information that rennially unfilled officer positions from the constraints. But asked about the Chicago the city has steadfastly declined to make books ‘‘to end the charade of carrying hun- News Cooperative findings, Ms. Jackson re- public. dreds of police officer vacancies without ac- plied: ‘‘There is absolutely a disparity. We The analysis found that the distribution of tually hiring them.’’ are not where we would want to be ideally.’’ patrol officers among the city’s 25 police dis- While acknowledging that they will have a Some experts say the reaction of aldermen tricts does not correlate to the places where smaller force than the Daley administration in apparently underserved districts, though crime rates are highest. once commanded, Mr. Emanuel and Mr. politically astute, would not lead to the The 5th police district, which includes the McCarthy are as leery as Mr. Daley was of wisest policies for fighting crime. Roseland and Pullman neighborhoods on the moving officers from safe neighborhoods to ‘‘It is reasonable and rational to expect Far South Side, has 266 patrol officers, four higher-crime areas. Instead, City Hall’s new that there should be more officers in areas fewer than the 270 officers in the 12th dis- leaders say they have shifted personnel from with more crime,’’ said Arthur Lurigio, a trict on the gentrified Near West Side, the the specialized units that Mr. Daley built up professor of psychology and criminology at data showed. and reassigned them as beat officers in dis- Loyola University. ‘‘But there is no evidence But the 5th district experienced 1,049 vio- tricts across Chicago. that would necessarily be the case.’’ lent crimes in the first eight months of this Mr. Emanuel said he had transferred more Mr. Lurigio said saturating areas with offi- year, while the 12th district recorded 341 vio- than 1,000 officers ‘‘to beat patrols in our cers often merely pushed criminals to other lent incidents during the same period, ac- neighborhoods,’’ removing them from desk places that then witnessed a spike in vio- cording to police department records. jobs and special units. lence. Many predominantly black districts on the ‘‘Every police district across our city re- Still, the city should deploy its police offi- South and West Sides had more than three ceived additional officers,’’ Mr. Emanuel told cers based on a formula that would account or four murders, rapes, armed robberies or aldermen in his budget speech on Oct. 12. not only for crime rates but also for average assaults for every beat officer assigned to ‘‘Those districts with the most crime got the response times to service calls, said Wesley work within their boundaries during that pe- biggest increases, as it should be.’’ Skogan, professor of political science at Ms. Biggane, the police spokeswoman, said riod. Northwestern University’s Institute for Pol- eight high-crime districts had benefited from That contrasted drastically with 10 dis- icy Research. the first redeployment wave, involving 500 tricts, mostly in more affluent sections on ‘‘This is Chicago, so everybody wants more officers, and other parts of the city have the North Side, where there were one or two and nobody wants to give up officers,’’ Mr. since received additional patrols. such crimes for every officer. Skogan said. ‘‘Emanuel should use his crisis But the Emanuel administration has de- Many City Council members and neighbor- clout and allocate police resources based on clined to provide documentation of those hood activists have long campaigned for a workload.’’ moves. The new administration has adhered police department reorganization that would to longstanding policies of the Daley admin- put more officers in high-crime neighbor- THE IMPORTANCE OF COMMUNITY POLICING IN istration, whose officials denied Freedom of hoods. Told of the deployment data analysis, TOUGH FINANCIAL TIMES Information Act requests by contending that they said the results vindicated their de- Many of the cost saving techniques dis- public disclosure of documents detailing offi- mands. cussed within this report are directly related cer deployment levels would compromise se- ‘‘It basically validates the need for rede- to community policing efforts. Community curity. ployment and reallocation,’’ said Alderman policing is a philosophy that promotes orga- The Chicago News Cooperative recently ob- Anthony Beale, whose 9th Ward is largely in nizational strategies, which support the sys- tained a list of the unit assignments for the the 5th district. tematic use of partnerships and problem- 10,300 sworn Chicago police department em- Mr. Beale said this week that he would call solving techniques, to proactively address ployees from a police source who requested for Council hearings on staffing levels in po- the immediate conditions that give rise to anonymity because the department leaders lice districts. He said he had unsuccessfully public safety issues such as crime, social dis- have declined to release it. order, and fear of crime (COPS Office 2009a). sought deployment statistics from the police The records described the unit assignments The three tenets of community policing— for years. as of early October and appeared to reflect ‘‘Putting the most police in the areas with community partnerships, organizational the vast majority of the recent personnel the most crime—it’s just that simple,’’ said transformation, and problem solving—are of moves ordered by the Emanuel administra- the Rev. Marshall Hatch, whose New Mount increased importance when facing budget tion. Pilgrim Missionary Baptist Church is in a Most of the detectives were assigned to one cuts that reduce the number of officers on West Side police district with the second- of the department’s five area headquarters, the streets. lowest proportion of police officers to violent while about 2,400 of the police officers were Collaborative partnerships to develop solu- crimes. either assigned directly or detailed to spe- tions to problems and increase trust in po- Lt. Maureen Biggane, a spokeswoman for cialized units, including the narcotics sec- lice can be seen in many of the solutions po- the police department, said officials were in tion and the internal affairs division. lice agencies are using in light of the eco- the process of ‘‘right-sizing the department’’ It was impossible to deduce from the data nomic downturn. Specifically, the use of vol- and had focused initial redeployment efforts exactly where the officers in specialized unteers, partnerships between the police and on the highest-crime districts. The debate units were working. The list also did not in- private agencies, and the use of social media over how best to deploy police officers has clude supervisors. as a means to communicate effectively with raged for decades, with representatives of The other 7,000 police officers, representing the community in order to meet their needs, more tranquil corners of the city success- a majority of the department’s sworn mem- are all examples of how collaborative part- fully blocking repeated attempts to shift bers, were each assigned to patrol beats in nerships act as a cost-saving tool. greater resources away from their neighbor- one of the 25 districts. The number of officers Organizational transformation exists hoods to the most violent districts. in each district ranged from a low of 191 in through the alignment of organizational The topic has become especially heated as the 23rd district to 386 in the 7th district. management, structure, personnel, and in- City Hall’s budget problems have worsened A comparison of the beat deployment fig- formation systems to support community in the past few years. Even after the planned ures with department statistics for property partnerships and proactive problem solving. closing of three district stations, the police crimes and violent crimes in each district From its inception, community policing’s department would remain by far the largest this year shows: goal is one of forging strong relationships be- component of the budget. Four districts—the 25th, 8th, 6th and 4th— tween law enforcement and the communities Police spending is slated to drop by 4.4 per- had higher ratios of both property crimes they serve. It aims to redesign the practice cent in 2012, to about $1.26 billion out of the and violent crimes per officer than the city- of public safety into a collective, collabo- total city budget of $6.28 billion. wide average. rative effort (COPS Office 2009a). During economic boom times, former The highest ratios of property crimes to The current economic crisis, which has Mayor Richard M. Daley promised and deliv- beat officer counts were in the 14th, 8th and thwarted many police activities, requires po- ered expansion of the police ranks. When the 25th districts, each of which reported at least lice agencies to place a greater emphasis on city’s budget deficits grew, the Daley admin- 15 property crimes per patrol officer in the problem-solving techniques. By engaging in istration allowed the police force to dwindle. year’s first eight months. the proactive and systematic examination of In 2008, officials reluctantly confirmed that The lowest proportion of violent crimes to identified problems and developing and rig- they had been forced to renege on Mr. officers was in the 1st district, which covers orously evaluating effective responses, they Daley’s vow to hire new officers, and police downtown Chicago, followed by the 19th dis- will be able to best use the limited resources academy classes ceased training cadets. Re- trict on the North Side. that are available to them.

VerDate Mar 15 2010 04:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.007 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7276 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Unfortunately, when agencies are forced to keepers at hotels to report the accumulation technologies such as closed-circuit TVs, make widespread budget cuts, some have of large amounts of merchandise, which can automated emergency dispatch systems, done so by reducing or eliminating some of often be found in hotel rooms (Stelter 2011). video teleconferencing equipment, and social their community policing programs. In fact, Kansas City, Missouri—‘‘When we talk in media usage. Utilization of technologies according to the MCCA survey, 39 percent of Kansas City about ‘doing something dif- such as these has the ability to provide law respondents who have reduced budgets stated ferent,’ a mention of community policing enforcement agencies with a way to maxi- that those budgets cuts were made to their usually follows. And surely, the thought of mize available information while alleviating community policing efforts (MCCA 2011). police officers working hand in hand with the need for an immediate response. Herein lies one of the major fallacies as it neighborhood folks is enticing. But success- Another fundamental alteration that has relates to community policing. Community ful, citywide community policing would re- been seen in delivery of police services as a policing should not be viewed as a particular quire a culture change for a police depart- result of the changing economy is the in- program within a department, but rather as ment that places more faith in arrest statis- creased application of non-sworn individ- a department-wide philosophy. Programs are tics than relationships as a crime-fighting uals—both as employees and as volunteers. typically initiated as a response to a specific tool. [In looking for a new police chief, Kan- More and more police agencies have begun to problem, in which only a small portion of the sas City] believes a chief who finds a way to shift some of the responsibilities that have organization is involved and once the prob- make it acceptable, indeed desirable, for offi- traditionally been performed by sworn staff lem has been addressed the program is dis- cers to connect with citizens and help solve to civilian personnel as a means to mitigate solved (Trojanowicz and Bucqueroux 1994). problems will be the start of the change that payroll costs and maintain staffing levels. Instead, community policing must be under- everyone talks about’’ (Shelly 2011). Further, some agencies have even engaged stood as a philosophy that promotes the sys- CONCLUSION citizen volunteers to help alleviate the tematic use of partnerships and problem- In 2008, the entire country was introduced strain on police work loads. Such approaches solving techniques to proactively address the to the largest fiscal crisis since the Great can provide sworn staff with more time to conditions within a community that are Depression. Many who have worked in the focus on pressing and time-sensitive issues cause for public concerns over crime and so- field for decades have never seen an eco- that can only be successfully managed by a cial disorder issues (Melekian 2011d). nomic situation that has affected law en- law enforcement officer. Community policing is an organizational forcement like the one our country currently strategy. It can be used to govern the way faces. As cities and counties across America Some agencies have had to drastically police services are delivered, recognizing the are experiencing a downturn in local reve- change their methods for handling non-emer- police officer as an organizer of resources in nues, the effects on public safety budgets gency situations and administrative duties. pursuit of public safety rather than someone have been significant. Americans are faced Many police agencies are no longer able to designated to perform specific tasks with a new economic reality, in which they dispatch an officer to every call for service. (Trojanowicz and Bucqueroux 1994). are challenged to develop new and innova- Instead, more often police managers are In an article in The Police Chief, COPS Of- tive ways to leverage resources and maxi- forced to direct their resources to focus on fice Director Melekian articulates the im- mize productivity in the face of diminishing situations which pose the most threat to portance of the community policing philos- financial means. Police agencies have not es- public safety. For example, some agencies ophy in the face of the current economic cli- caped the effects of shrinking revenues. In are no longer able send officers to collect mate. He argues that the downturn in the fact, the economic challenges facing many crime reports for cases that don’t involve economy has affected the country in ways Americans are amplified when it comes to suspects, or dispatch patrol officers to every that could not have been predicted even 5 public safety. non-emergency/non-injury service call. The years ago. The enhancement of community To compensate for shrinking budgets, primary focus on law enforcement is pro- policing and the myriad of social outreach many individuals focus on what can be sac- tecting the safety of their communities. programs that have been employed by local rificed from their normal lifestyle in order Therefore, agencies experiencing limited re- law enforcement were initially brought to offset the reduction in available spending. sources must adjust their approach to focus about in large measure by the combination Families may forego their annual summer in on situations that are an immediate of federal grant dollars and readily available vacation, or choose to only shop in discount threat to public safety. local funding sources. That financial founda- stores rather than their favorite department A more drastic change that is being seen as tion is now in serious jeopardy in many local stores. However, law enforcement agencies a result of the economic downturn is the in- jurisdictions. face the more difficult and ever important crease in the number of agencies combining Melekian further highlights how some task of maintaining the same quality of efforts and resources through consolidation, have made the argument that these eco- service that they always have provided de- shared services, and regionalization. When nomic challenges may compel us to abandon spite a severe reduction in available re- agencies are faced with maintaining services community policing because we simply can- sources. Therefore, to successfully deliver levels with less and less, collaborating or not afford it (Melekian 2011d). However, ex- the high levels of community protection and combining agency’s efforts often is the only perience has shown that community policing emergency responsiveness communities de- way to maximize available resources, train- is a more cost-effective way of utilizing pend on, law enforcement agencies must de- ing, and information. available resources than simple traditional velop new and innovative techniques to ad- policing practices, for a number of reasons. As this report has shown, the recent eco- dress the needs of their communities in cost- Primarily, community participation in nomic downturn has placed serious con- effective and sustainable ways. straints on police budgets and severely di- crime-prevention amplifies the amount of The recognition and acceptance of this new minished the availability of resources. As an available resources, while community part- economic reality is more important than additional step to help compensate for de- nerships used to address problem solving pro- ever in developing strategic management clining resources, many departments have vides a more efficient distribution of com- practices to ensure the effective and efficient also begun collecting and disseminating bined police and community resources than delivery of police services. Never before has crime data in real-time via new technology. simply reactive policing program models the law enforcement community experienced This has allowed for the effective manage- (Brown 1989). such significant cuts to operating budgets ment and strategic deployment of resources THE IMPORTANCE OF COMMUNITY POLICING IN A and available resources. Rather than con- to focus on specific problems as they de- RECESSION tinuing to provide services through tradi- velop. With the increased use of technology Concord, Massachusetts—Deputy Police tional means in hopes that the economy will and information-sharing policies being insti- Chief Barry Neal has utilized the proactive return to pre-recession levels, police nation- tutionalized throughout many police depart- approach of community policing to prevent wide are shifting, adapting, and redeveloping ments nationwide, it has become essential crime and reduce victimization. ‘‘We recog- the ways in which they do their job—to en- that the collection of national census data nize that we can’t solve problems alone, we sure the highest levels of public safety. need to engage the community and work in In every corner of the United States, state, relating to law enforcement agencies be col- partnership with them,’’ he said. ‘‘It gives us local, and tribal police departments are lected with the same urgency. direct daily face-to-face contact between the being forced to lay off officers and civilian It is crucial for policy makers to create community and the officers, and also gives staff, or modify their operations as a result proactive, aggressive, and productive prob- us the ability to prevent problems from oc- of budget cuts. Over the last 2 years, many lem-solving strategies based on relevant and curring instead of reacting to them’’ (Ball agencies have experienced considerable af- current data. However, the delay in the cur- 2009). fects from budget constrictions, including rent methods of data collection and dissemi- Albuquerque, New Mexico—Chief Schultz mandatory furloughs and hiring freezes, nation makes it difficult to present an accu- of Albuquerque is having officers develop which have resulted in significant reductions rate picture of the state of police agencies as partnerships with retailers to address in staffing levels never experienced before. things happen. In turn, a true understanding shoplifters and boosters. The Police Depart- Indeed, American law enforcement is chang- of the challenges confronting law enforce- ment has experienced a 20 percent reduction ing, and the effects are likely to last over ment agencies as seen through comprehen- in their workforce and is developing partner- the next 5 to 10 years, if not longer. sive analysis takes time and resources. It ships with retailers with the goal of sharing While the exact nature of how these will be important for federal partners to col- information in order to link petty crimes to- changes will take place is unclear, the data laborate on a way to collectively participate gether to prosecute larger and stronger cases within this report suggest that changes may in data collection efforts in the future that and get repeat offenders off the street. In ad- occur on several fronts. First, there may be will increase the availability of up-to-date dition, they are offering rewards to house- greater application of ‘‘force-multiplier’’ data, and its analysis and dissemination. By

VerDate Mar 15 2010 04:20 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.009 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7277 collecting data more frequently and com- many of the law enforcement agencies in the Currently, there is roughly $1.75 bil- prehensively, policy makers and government United States already practice community lion in emergency relief backlog cov- agencies will be able to adjust and realign policing, and more are coming to recognize ering disasters in 37 States. The 2012 their strategic goals to provide relevant as- the value of community partnerships in this year has been an unusually active one sistance where law enforcement agencies time of limited resources. for natural disasters, and 33 States need it most. Mr. ROGERS of Kentucky. I continue Institutionalization of the community po- have experienced declared disasters to- to reserve the balance of my time. taling $1.4 billion since the beginning licing philosophy is vital to the ability of Mr. DICKS. Mr. Speaker, I yield 3 law enforcement agencies to succeed and of this year alone. thrive in the current economic climate. minutes to the gentleman from Massa- chusetts, the ranking member of the This includes $50 million in repairs Agencies must systematically use partner- that are needed in my State, Massa- ships and problem-solving techniques to Transportation, HUD Subcommittee, chusetts, due to tornadoes in the proactively address the problems that their Mr. OLVER. communities are facing. Development and Mr. OLVER. I thank the gentleman spring and damage from Hurricane enhancement of symbiotic relationships be- for yielding time. Irene; $42 million needed by Iowa to re- tween police and the communities they serve Mr. Speaker, I rise in support of the pair damage from Missouri River is key to ensuring community safety. motion to instruct conferees. This mo- spring floods; and $100 million in Ohio It is clear that the challenges facing Amer- tion would instruct the conferees to due to severe rainfalls in the early ica as a result of the economic decline that spring. began in 2008 have been significant. Law en- provide adequate funding to the Fed- forcement communities are facing a new re- eral Highway Administration’s Emer- Mr. Speaker, as we have done 20 ality in American policing—one that re- gency Relief program in order to elimi- times since 1989 during both Repub- quires a shift in the methods they use to up- nate the backlog of repairs needed as a lican and Democratic Congresses, we hold levels of service while dealing with ever result of hurricanes, earthquakes, have a responsibility to our neighbors shrinking budgets. However, the importance floods, and other natural disasters. to provide them funding needed to ad- of maintaining and expanding community Since the Hayden-Cartwright Act of dress their emergency relief needs. policing practices during this time of eco- 1934, Congress has repeatedly recog- Mr. Speaker, the chart I have in my nomic hardship is paramount. Research and feedback from the field indicate that com- nized the need to provide assistance to hand references those 20 acts of Con- munity policing is a successful practice in States when unanticipated disasters gress. I urge my colleagues on both both small and large agencies with signifi- occur without conditioning the support sides of the aisle to support the motion cant public safety problems. Thankfully, on cuts to other programs. to instruct conferees. EMERGENCY RELIEF PROGRAM SUPPLEMENTAL APPROPRIATIONS 1989–PRESENT [Excludes $100 million annual authorization under 23 U.S.C.125]

Highway Trust Public Law Date signed Title Fund General Fund Purpose Waivers

PL 101–130 ...... 10/26/1989 Fiscal Year 1990 Dire Emergency Supplemental $1,000,000,000 ...... September 1989 Hurricane Hugo and October Waived 23 U.S.C. 120(f) [now 120(e)] by ex- to Meet the Needs of Natural Disasters of 17, 1989 Loma Prieta Earthquake. tending the 100% Federal share from 90 National Significance. days 1 to 180 days and extending this to all projects (emergency and permanent repairs). Waived the $100 million State cap. PL 102–368 ...... 9/18/1992 Supplemental appropriations for Fiscal Year $30,000,000 ...... Hurricane Andrew, Hurricane Iniki, and Typhoon none 1992. Omar. PL 103–75 ...... 1/5/1993 Emergency supplemental appropriations for re- $175,000,000 ...... Midwest floods of 1993 and other disasters ...... none lief from the major, widespread flooding in the Midwest for the fiscal year ending Sep- tember 30, 1993. PL 103–211 ...... 1/25/1994 Making emergency supplemental appropriations $1,665,000,000 ...... January 1994 Northridge earthquake in Southern Waived 23 U.S.C. 120(e) by extending the 100% for the fiscal year ending September 30, California and other disasters including an Federal share from 90 days to 180 days and 1994, and for other purposes. additional $315 million for the Loma Prieta extending this to all projects (emergency and Earthquake. permanent repairs) related to the Northridge earthquake. Waived the $100 million per State cap for the Northridge earthquake. PL 104–134 ...... 4/26/1996 Making appropriations for fiscal year 1996 to $300,000,000 ...... January 1996 flooding in the Mid-Atlantic, Waived the $100 million per state cap for the make a further down payment toward a bal- Northeast, and Northwest States and other January 1996 flooding in the Mid-Atlantic anced budget, and for other purposes. disasters. and Northwest States. PL104–208 ...... 9/28/1996 Making Omnibus Consolidated Appropriations $82,000,000 ...... Hurricanes Fran and Hortense and for other dis- none for Fiscal Year 1997. asters. PL 105–18 ...... 6/12/1997 1997 Emergency Supplemental Appropriations $650,000,000 ...... For an additional amount for the Emergency Waived the $100 million per State cap for the Act for Recovery From Natural Disasters and Relief Program for emergency expenses re- December 1996 and January 1987 flooding in for Overseas Peacekeeping Efforts, Including sulting from flooding and other natural dis- the western States. Those in Bosnia.. asters. PL 105–174 ...... 5/1/1998 1998 Supplemental Appropriations and Rescis- $259,000,000 ...... For an additional amount for the Emergency Waived the $100 million per State cap for sions Act. Relief Program for emergency expenses re- projects resulting from flooding during the sulting from floods and other natural disas- fall of 1997 through the winter of 1998 in ters. California PL 106–346...... 10/23/2000 Department of Transportation and Related $720,000,000 ...... For an additional amount for the Emergency none Agencies Appropriations, 2001. Relief Program for emergency expenses re- sulting from floods and other natural disas- ters. PL 107–117 ...... 1/10/2002 Department of Defense and Emergency Supple- $100,000,000 ...... For emergency expenses to respond to the Sep- none mental Appropriations for Recovery from and tember 11, 2001, terrorist attacks on the Response to Terrorist Attacks on the United United States, for ‘‘Miscellaneous Appropria- States Act, 2002. tions,’’ including the operation and construc- tion of ferries and ferry facilities. $75,000,000 ...... For emergency expenses to respond to the Sep- none tember 11, 2001, terrorist attacks on the United States, for the ‘‘Emergency Relief Pro- gram,’’as authorized by section 125 of title 23, United States Code. PL 107–206 ...... 8/2/2002 2002 Supplemental Appropriations Act for Fur- $167,000,000 ...... For an additional amount for ‘‘Emergency Relief Waived 23 U.S.C. 120(e) or projects resulting ther Recovery from and Response to Terrorist Program,’’ as authorized by 23 U.S.C. 125, from the 2001 NYC WTC terrorist attacks by Attacks on the United States. for emergency expenses to respond to the allowing all projects to be eligible at 100% September 11, 2001, terrorist attacks on New without any time limit. Waived the $100 mil- York City. lion per State cap for such projects. $98,000,000 ...... For an additional amount for the ‘‘Emergency none Relief Program,’’ as authorized by section 125 of title 23, United States Code. PL 108–324 ...... 10/13/2004 Military Construction Appropriations and Emer- $1,202,000,000 ...... 2004 Hurricanes Charley, Frances, Gaston, Ivan, Waives the $100 million per State cap for gency Hurricane Supplemental Appropriations and Jeanne, as authorized by 23 U.S.C. 125. projects arising from Hurricanes Charley, Act, 2005. Frances, Ivan, and Jeanne. PL 108–447 ...... 12/8/2004 Consolidated Appropriations Act, 2005 ...... $741,000,000 ...... For an additional amount for the ‘‘Emergency none Relief Program’’ as authorized under section 125 of title 23, United States Code.. PL 109–148...... 12/30/2005 Department of Defense, Emergency Supple- ...... $2,750,000,000 Hurricanes Katrina, Rita, and Wilma...... Waived 23 U.S.C. 120(e) for Hurricanes Katrina, mental Appropriations to Address Hurricanes Rita, and Wilma. Waived the $100 million in the Gulf of Mexico, and Pandemic Influ- per State cap for Hurricanes Dennis, Katrina, enza Act, 2006. Rita or Wilma and for the 2004–2005 winter storms in the State of California.

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Highway Trust Public Law Date signed Title Fund General Fund Purpose Waivers

PL 109–234 ...... 6/15/2006 Emergency Supplemental Appropriations Act for ...... $702,362,500 For an additional amount as authorized under Waived the $100 million per State cap for Hur- Defense, the Global War on Terror, and Hurri- 23 U.S.C. 125, for expenses identified under ricane Dennis and for the 2004–2005 winter cane Recovery, 2006. ‘‘Formal Requests’’ in the Federal Highway storms in the State of California. Administration table entitled ‘‘Emergency Re- lief Program Fund’’ Requests—updated 06/ 06/06. PL 110–28 ...... 5/25/2007 U.S. Troop Readiness, Veterans’ Care,Katrina ...... $871,022,000 For an additional amount for the Emergency Waived the $100 million per State cap for the Recovery, and Iraq Accountability Appropria- Relief Program as authorized under section 2005–2006 winter storms in the State of tions Act, 2007. 125 of title 23, U.S.C.. California. PL 110–161 ...... 2/26/2007 Consolidated Appropriations Act, 2008 ...... $195,000,000 For replacement of I–35W bridge in Min- PL 110–56 waived 23 U.S.C. 120(e) and lifted neapolis, Minnesota as authorized in Public the $100 million per State cap for the I–35W Law 110–56.. bridge replacement. PL110–329 ...... 9/30/2008 Consolidated Security, Disaster Assistance, and ...... $850,000,000 For an additional amount as authorized under PL 110–329 lifted the $100 million per State Continuing Appropriations Act, 2009. section 125 of title 23, United States Code.. cap for Hurricanes Gustav and Ike. Total from GF ...... $5,368,384,500 Total from HTF ...... $7,264,000,000 1989–present. 1 The time limit for eligibility of emergency repair work [currently 23 U.S.C. 120(e)] was increased from 90 days to 180 days in 1998 (TEA–21).

Mr. ROGERS of Kentucky. I continue So we need real help, and the con- buses could pass but they couldn’t get to reserve the balance of my time. ferees will have an opportunity to ad- out on their road, they got their Mr. DICKS. Mr. Speaker, I yield 2 just the figures hopefully in line with chainsaws out and cut a half-mile path minutes to the gentleman from Penn- what we want as an ideal. If we can through the woods so the kids could sylvania, the ranking member of the fund police officers in Iraq and Afghan- get to school. That’s the kind of spirit Commerce, Justice, Science Sub- istan, we can fund them in Flint, that we find in our districts, and I’m committee, Mr. FATTAH. Paterson, and in Camden, New Jersey, very proud of Vermont, and all of our Mr. FATTAH. I thank the gentleman and in other cities similarly situated. colleagues are as well. from Washington State, who’s the Mr. ROGERS of Kentucky. Mr. Mr. Speaker, I also want to express a ranking member on the Appropriations Speaker, does the gentleman have fur- statement of gratitude. I’ve had the op- Committee, and I thank our chairman, ther speakers? portunity to visit with Mr. ROGERS. Chairman ROGERS. I’m very pleased Mr. DICKS. I have one additional I’ve had the opportunity to visit with that we are having a motion to in- speaker, and then I will close very Mr. LATHAM, with Mr. OLVER, with Mr. struct and that actually we’re moving briefly. KINGSTON, with Mr. DICKS, with Mr. appropriation bills. I have the right to close, I believe. CANTOR, where they’ve given me the I rise in support of the gentleman The SPEAKER pro tempore. The gen- opportunity to tell them the specific from Washington’s motion to instruct, tleman is correct. story of Vermont and hear my request particularly in support of additional Mr. DICKS. I yield 2 minutes to the that Vermont be treated as disaster relief and also the COPS pro- gentleman from Vermont (Mr. WELCH), Vermonters have treated others. gram. a very distinguished Member of the I rise in support of this motion to in- It’s critically important that we con- Congress and a person whose State has struct so that this Congress can do tinue the national declining crime been very hard-hit by disasters, and what it’s always done. It’s come for- rates, and because of the layoffs or dis- we’re going to do everything we can to ward to help people in this country missals of over 12,000 police officers and work to assist him on this important who have been on the bad end of a the fact that we have over 30,000 law endeavor. tough storm. enforcement jobs that are unfilled Mr. WELCH. I thank the gentleman. today in our country, we see in many Mr. Speaker, on August 28 of this Au- b 1300 cities now a rising level of criminal ac- gust, Hurricane Irene left a path of de- Mr. ROGERS of Kentucky. Is the tivity. struction from the Carolinas to gentleman from Washington prepared I want to mention that in Paterson, Vermont. The districts of 55 of our col- to close? New Jersey, we heard from the gen- leagues were hit and hit hard. And that Mr. DICKS. Yes, I am prepared to tleman who used to be mayor of storm did damage without regard to close and to yield back the balance of Paterson that they’ve had to lay off 125 partisan affiliation or income distribu- my time. police officers, a fourth of the police tion. If you were in the path of that Mr. ROGERS of Kentucky. Mr. force there, and they’ve experienced a storm, you suffered. Speaker, I yield myself such time as I 15 percent increase in crime. And I The 55 Members of Congress who may consume. think that one could draw a correla- were affected by it created the Hurri- The motion to instruct conferees on tion between these two. In Flint, cane Irene Coalition, Republicans and the fiscal year 2012 bill will encourage Michigan, the police force has been cut Democrats, and we are united in the the conferees to consider and support by two-thirds over the last 3 years, and single goal of getting the aid to our several funding items as they negotiate its murder rate is higher than that of people back home that they need to get the final agreement on this three-pack Baghdad. Last January, Camden, New back on their feet. of bills. While I believe that this mo- Jersey, was cut by 163 officers, 44 per- Hurricane Irene, Mr. Speaker, saved tion is unnecessary, I am willing to ac- cent of the total force. its greatest fury to the end, when it de- cept the gentleman’s motion as it does It’s critically important that we un- scended upon Vermont. It was the big- address some important issues that derstand the direct nexus between the gest damaging storm that we’ve had in will be considered by the conferees. As Federal effort which began many years 100 years. We lost 700 homes of hard- we move forward, I expect the ranking ago to put cops on the street and to as- working Vermonters, many of whom member and myself to work together sist local officers and the dramatic de- had no flood insurance, 260 roads and 30 to negotiate these issues, and there- clines that we’ve seen for more than a bridges were impassable, 13 commu- fore, today, I can accept this motion. decade now in criminal activity in our nities were entirely cut off. First, if approved, this motion would country, and I would hope that this The good news was that the Vermont express the House’s support for funding motion to instruct would inform all of response is extraordinary. People came for the COPS program within the De- the conferees how important this is in together. They started a school on the partment of Justice. addition to the disaster relief. town green in Pittsfield when they While local law enforcement is pri- When we call 911, we want to be call- were unable to go north or south be- marily a State and local responsibility, ing for a police officer, not dialing for cause the road was cut off. Then when there is strong bipartisan support for a a prayer. the main artery was reopened so school variety of Federal programs that help

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.028 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7279 first responders, including the COPS Mr. ROGERS of Kentucky. I thank As the gentleman says, we want to program for State and local police. the gentleman for those words. finish these bills for fiscal ’12 so that The Commerce/Justice/Science bill He is exactly right. He and I started finally, in fiscal ’13, we can have a real has historically included a range of out this year both new to our jobs on clean year, taking each bill one by one. programs to strengthen local law en- the committee; but determined, we Mr. DICKS. Speaking of a clean year, forcement, including Byrne grants, agreed with each other and committed let’s try to get rid of as many of those State Criminal Alien Assistance, Juve- to each other that we would work to- riders as we can, Mr. Chairman. You nile Accountability, programs to com- gether to try to restore the regular know it’s the right thing to do. bat violence against women, and COPS order that used to prevail on these ap- I yield back the balance of my time. programs. COPS has not only sup- propriations bills, where we had heated Mr. ROGERS of Kentucky. By the ported the hiring and rehiring of new debate but collegial debate, realizing way, in closing, we’re going to con- officers, but it has also allowed local that we have to finally come to some ference with the Senate on these three police departments to modernize their agreement on these bills that keep the bills this afternoon—as a matter of technology and to address the enforce- government going. We don’t have the fact, at 5 o’clock. That’s the first time ment and cleanup challenges of the luxury of failing. The gentleman has that there has been a House-Senate ap- meth epidemic. been a great partner in this work all propriations conference in years. So, However, we must make these fund- year long, and I look forward to the between us and the Senate, we are ing decisions very carefully to avoid rest of the work. achieving something almost historic adverse impacts. State and local budg- Now, on this year’s bills, the 2012 here, and that is going to conference ets are often incapable of sustaining bills that we’re working on now, it is with the Senate, which used to be a new first responder positions when my hope and ambition—I know you routine thing, and we hope to restore Federal money runs out, and this risk share this with me—that we finish that idea. is especially high given the current these bills before the end of this cal- With that, Mr. Speaker, I yield back economic challenges in our local com- endar year. the balance of my time. munities. Mr. DICKS. Absolutely, we are deter- The SPEAKER pro tempore. Without Second, this motion encourages the mined to do that. I’m glad to see that objection, the previous question is or- conferees to support funding for the the other body is actually bringing dered on the motion to instruct. Highway Emergency Relief Program, some of these minibuses to the floor The previous question was ordered. The SPEAKER pro tempore. The commonly referred to as the ‘‘ER Pro- and allowing their Members to have a question is on the motion to instruct. gram.’’ vote. I think we may have inspired The question was taken; and the This program is authorized, and pro- them. Speaker pro tempore announced that vides States with funds to repair eligi- Mr. ROGERS of Kentucky. That would take some doing. the ayes appeared to have it. ble roads damaged by disasters and cat- Nevertheless, I agree with you. I’m Mr. DICKS. Mr. Speaker, on that I astrophic events. This program was tickled to death to see the Senate is fi- demand the yeas and nays. created to rebuild after disasters and nally acting. They only passed one bill, The yeas and nays were ordered. get businesses and everyday life back up until 2 days ago, of the 12. We’ve The SPEAKER pro tempore. Pursu- up and running. Unfortunately, in 2011, passed six through the House, and have ant to clause 8 of rule XX, further pro- the total amount of eligible disaster- sent them over there without a re- ceedings on this question will be post- stricken roads exceeded the level of sponse until now. poned. available ER funds. It’s important that I want to finish the 2012 bills right f we now provide the appropriate level of away so that we can begin work in Jan- 1310 funding to ensure that States and com- uary on the 2013 bills and so that we’ll b munities receive the legitimate assist- have plenty of time to do them one by PROVIDING FOR CONSIDERATION ance that they are relying upon. one, which is the regular order and OF H.R. 2930, ENTREPRENEUR AC- Mr. Speaker, again, while I don’t what we all want to see happen. I know CESS TO CAPITAL ACT, AND think this motion is necessary, I will that’s my goal and ambition, and I PROVIDING FOR CONSIDERATION accept it, and I look forward to work- know the gentleman shares that. OF H.R. 2940, ACCESS TO CAPITAL ing with both sides on these important Mr. DICKS. I concur with what FOR JOB CREATORS ACT issues in order to come up with a satis- you’ve said, and I concur with the di- Mr. SESSIONS. Mr. Speaker, by di- factory solution. rection we’re going in. I just hope we rection of the Committee on Rules, I Mr. DICKS. Will the gentleman can do a little better and finish the job call up House Resolution 453 and ask yield? next year. It has been done before. It’s Mr. ROGERS of Kentucky. I yield to for its immediate consideration. not impossible. We also have to think The Clerk read the resolution, as fol- the gentleman from Washington. about the impact of these bills on the lows: Mr. DICKS. I want to commend the economy and the country. That’s very H. RES. 453 chairman for his commitment this year important as well. to return to regular order. I wish we Resolved, That at any time after the adop- Mr. ROGERS of Kentucky. We were tion of this resolution the Speaker may, pur- could have finished all 12 bills, but we sidelined a good part of this year from suant to clause 2(b) of rule XVIII, declare the at least got six of them done. I just our regular business with H.R. 1. We in- House resolved into the Committee of the want to thank him and his staff and herited a House that had not passed an Whole House on the state of the Union for the staff of the minority for working appropriations bill for fiscal ’11, so we consideration of the bill (H.R. 2930) to amend together in a collegial way. spent the first 5 months or so of the the securities laws to provide for registra- I think it’s important for the Amer- year trying to pass a bill to fund that tion exemptions for certain crowdfunded se- ican people to know that the Appro- curities, and for other purposes. The first current year, fiscal ’11. reading of the bill shall be dispensed with. priations Committee here is working Mr. DICKS. Your point is that that’s together on a bipartisan basis. Now, we All points of order against consideration of why it’s so important to finish these in the bill are waived. General debate shall be may have differences on economic the- 2011, before the end of the calendar confined to the bill and shall not exceed one ory and everything else, but we are year, so we don’t have to waste time hour equally divided and controlled by the committed to getting these bills passed next year in finishing the job. chair and ranking minority member of the and bringing as many as we can to the Mr. ROGERS of Kentucky. Exactly. Committee on Financial Services. After gen- floor. I hope that, next year, we can Nevertheless, it held us up for 5 eral debate the bill shall be considered for start a little earlier and get the budget months and kept us from doing our amendment under the five-minute rule. It resolution and move these bills. I chores for fiscal ’12. Then came along shall be in order to consider as an original would love to see us in the second ses- the debt ceiling increase debate, which bill for the purpose of amendment under the five-minute rule the amendment rec- sion of this Congress get all 12 bills to took weeks and sucked all of the air ommended by the Committee on Financial the floor where the Members can offer out of everything else, so we were pre- Services now printed in the bill. The com- their amendments. I think that still vented on the committee from doing mittee amendment in the nature of a sub- should be our goal and objective. our regular chores. stitute shall be considered as read. All points

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.040 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7280 CONGRESSIONAL RECORD — HOUSE November 3, 2011 of order against the committee amendment There was no objection. b 1320 in the nature of a substitute are waived. No Mr. SESSIONS. House Resolution 453 amendment to the committee amendment in Mr. Speaker, our economy has a rev- provides for a structured rule for the enue problem. The administration con- the nature of a substitute shall be in order consideration of H.R. 2930 and H.R. except those printed in part A of the report tinues to promote policies that slow of the Committee on Rules accompanying 2940. This rule allows for all seven economic growth. Republicans believe this resolution. Each such amendment may amendments submitted to the Rules we must create an environment that be offered only in the order printed in the re- Committee by Democrats and Repub- encourages investment in small busi- port, may be offered only by a Member des- licans to be made in order. ness, really the engine of our national ignated in the report, shall be considered as Mr. Speaker, I rise today in support read, shall be debatable for the time speci- job creators. This underlying bill will of this rule and the underlying bills. do just that. H.R. 2930 would remove re- fied in the report equally divided and con- H.R. 2930, the Entrepreneur Access to trolled by the proponent and an opponent, strictions on crowdfunding, allowing shall not be subject to amendment, and shall Capital Act, was introduced on Sep- companies to pool small investors so not be subject to a demand for division of the tember 14, 2011, by my friend, the gen- that small businesses and entre- question in the House or in the Committee of tleman from North Carolina, Mr. PAT preneurs can raise capital equity. Out- the Whole. All points of order against such MCHENRY, and was reported by the dated SEC regulations do not allow amendments are waived. At the conclusion Committee on Financial Services by a business owners in search of invest- of consideration of the bill for amendment voice vote last week. The second bill, the Committee shall rise and report the bill ments to solicit or to advertise. This to the House with such amendments as may H.R. 2940, the Access to Capital for Job legislation is needed and it’s being pre- have been adopted. Any Member may de- Creators Act, was introduced by the sented on a bipartisan agreement basis. mand a separate vote in the House on any Republican majority whip, the gen- Yesterday, I met with community amendment adopted in the Committee of the tleman from California (Mr. MCCAR- bankers from Texas—Scott Heitkamp, Whole to the bill or to the committee THY), and also passed the Committee on the president of Value Bank; John Jay, amendment in the nature of a substitute. Financial Services by a voice vote last the president of Roscoe State Bank; The previous question shall be considered as week. ordered on the bill and amendments thereto and Milton McGee, with the Inde- to final passage without intervening motion Both pieces of legislation have been pendent Bankers of Texas, among oth- except one motion to recommit with or with- through regular order. Members from ers, who described to me their inability out instructions. both sides of the aisle have had oppor- to raise capital investment, not due to SEC. 2. Upon the adoption of this resolution tunities to submit perfecting ideas, and a lack of willing investors, but as a re- it shall be in order to consider in the House those amendments have been carefully sult of burdensome regulations which the bill (H.R. 2940) to direct the Securities considered. Every amendment that was inhibit or do not allow this. They in- and Exchange Commission to eliminate the prohibition against general solicitation as a submitted to the Rules Committee was formed me that the SEC limit on indi- requirement for a certain exemption under made in order and will be given full and vidual investors restricts their ability Regulation D. All points of order against fair consideration today. The chairman to raise funds through community par- consideration of the bill are waived. The of the Rules Committee, the gentleman ticipation and local business creation. I amendment in the nature of a substitute rec- from California (Mr. DREIER), has once was proud to tell them and I will tell ommended by the Committee on Financial again allowed the House to work its them again today, I heard your story Services now printed in the bill shall be con- will through an inclusive legislative and we are here on the floor doing sidered as adopted. The bill, as amended, process. shall be considered as read. All points of something about that that will be of order against provisions in the bill, as On December 10, 2009, I stood on the immediate benefit and health to jobs amended, are waived. The previous question floor, and I argued then against the and job creation in America today on shall be considered as ordered on the bill, as rule for consideration of the bill known the floor of the House of Representa- amended, and on any further amendment as the Dodd-Frank financial reform tives in a bipartisan agreement fash- thereto, to final passage without intervening bill. It should be noted that I authored ion. motion except: (1) one hour of debate equally two proposals amongst many Repub- H.R. 2940 allows for general solicita- divided and controlled by the chair and rank- lican and Democratic amendments that tion and advertising which would at- ing minority member of the Committee on Financial Services; (2) the further amend- were all shut out that day. Then- tract private investment. Small, pri- ment printed in part B of the report of the Speaker NANCY PELOSI chose to ad- vately held companies will no longer be Committee on Rules accompanying this res- vance the Dodd-Frank bill without any forced to have an existing relationship olution, if offered by Representative Miller open process consideration. The result with potential investors. However, the of North Carolina or his designee, which of that legislation has caused great legislation requires the SEC to ensure shall be in order without intervention of any concern in financial markets not just that investors are accredited. point of order, shall be considered as read, here in the United States, but it has As Congressman JARED POLIS from and shall be separately debatable for 10 min- caused financial concern around the Colorado, the lead today from the utes equally divided and controlled by the proponent and an opponent; and (3) one mo- world. Rules Committee on behalf of the mi- tion to recommit with or without instruc- Today the Republican House is nority, indicated at the Rules Com- tions. changing that course in consideration mittee meeting yesterday that The SPEAKER pro tempore (Mr. of bills from the Financial Services ‘‘crowdsourcing’’ investment through YODER). The gentleman from Texas is Committee. Today we are looking at a new advertising mediums, such as so- recognized for 1 hour. targeted removal of outdated regula- cial media, would allow for access to Mr. SESSIONS. Mr. Speaker, for the tions simply to encourage market ac- new pools of available capital. These purpose of debate only, I yield the cus- cess for millions of small businesses are exactly the kinds of ideas that are tomary 30 minutes to my friend, the and to encourage not only investment being brought today to the floor for the gentleman from Colorado (Mr. POLIS), but also jobs in America. creation of investment dollars to help a brand-new father who today presents For those who are listening to this, jobs in America and to make sure that himself on the floor as we work to- you could consider this a jobs creation we are prepared for our future. gether, pending which I yield myself bill. So I would advance this cause Our Nation is in crisis. We cannot such time as I may consume. During down the street to the White House to wait. And with an unemployment popu- consideration of this resolution, all encourage the President to know that lation of over 14 million people, we time yielded is for the purpose of de- this is yet another in a line of job-cre- cannot continue the failed policies of bate only. ating, job-saving, jobs-in-America bills government spending which have GENERAL LEAVE that the U.S. House of Representatives brought us to this point. Investment Mr. SESSIONS. Mr. Speaker, I ask is once again considering, and today, capital for small business continues to unanimous consent that all Members on a bipartisan basis, with every single sit on the sidelines because of the un- have 5 legislative days to revise and ex- amendment that was submitted to the certainty created by burdensome regu- tend their remarks. Rules Committee through an open lations and outdated rules. The under- The SPEAKER pro tempore. Is there process on the floor of the House of lying bills will foster job creation by objection to the request of the gen- Representatives, ready for us to move simply allowing the private sector to tleman from Texas? this bill and vote on that today. participate in this endeavor.

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.004 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7281 The future success of our economy ited investor to net worth has its flaws. And previously, all of these investment rests in the hands of private small Just because somebody has several mil- opportunities have been reserved for business, not government. Unleashing lion dollars doesn’t mean they’re a so- people worth over a million dollars. their potential is the sole focus of this phisticated investor. Meanwhile, there Now, if somebody’s family, an Amer- Republican majority in the U.S. House could be somebody who’s worth $10,000 ican family watching this, or one of my of Representatives. The result is an who is very sophisticated. It’s unfortu- constituents is worth $100,000 or economic environment that promotes nate that we have the whole system $150,000 or $50,000, it may not make all growth and generates revenue as well tied to that. the sense in the world to invest $5,000 as the creation of jobs in America. But what we see before us today are or $10,000 in one startup, but a cap of I urge my colleagues to vote for this two important chinks in this armor. $10,000 is a reasonable amount. It’s fair rule that allows consideration of One is consistent with the current con- their money and their right to do that all requested amendments and to vote cept of accredited investor but at least if that’s what they want to do. These for the underlying bills. opens it up beyond their personal net- bills are consistent with that. And, Mr. Speaker, I reserve the balance of works, and the other one allows small more importantly, they provide a new my time. investors to participate in a more financing mechanism for startups in Mr. POLIS. I thank the gentleman meaningful way. this country. That way, a startup that from Texas. First, the Entrepreneur Access to has broad appeal and a broad network I would like to express my apprecia- Capital Act, crowdfunding. What this can go to 1,000 people that have $1,000 tion to the leadership of the House for means is it provides a new way that each rather than one wealthy investor expediting these two important bills companies, startup companies, can for $1 million. That was previously and bringing them before the House of raise a limited amount of money, $1 nearly impossible under current law. Representatives. I rise in support of million a year, or $2 million if they Mr. Speaker, I have here a Statement the underlying bills, the Entrepreneur have audited financial statements. of Administration Policy, and I’m Access to Capital Act and Access to Now, that’s a sizable amount for a proud to say that this bill, the Entre- Capital for Job Creators Act. company to get off the ground and get preneur Access to Capital Act, has Now, while I support the two bills be- started. Many tech companies that you strong support from the administra- fore us, I do wish the rule was an open hear of today started with that much tion: ‘‘This bill will make it easier for one. I will be voting against the rule. money or less. Historically, how did entrepreneurs to raise capital and cre- An open rule would allow the House to they raise that money? They would go ate jobs, and the administration looks work its will in a true democratic proc- to a venture capitalist. They would go forward to continuing to work with ess, allowing Members to come down to to a wealthy individual. We call that Congress to craft legislation that fa- the floor and freely debate these bills. person an angel investor. They’d get a cilitates capital formation.’’ check for $500,000. The investors had to Unfortunately, in the Rules Com- b 1330 mittee, we were offered only a struc- be worth more than a million dollars. Your average American might be I would like to applaud the leader- tured rule. ship of the President of the United Now, both of these bills accomplish worth—might only have $5,000 to invest or $1,000 to invest, was unable to, under States in strongly supporting these en- something very important in terms of deavors. As a former small business opening up capital markets and helping law, participate in that offering. What this does is it opens up an ave- owner, I know how important it is to startups work. Let me discuss briefly nue that allows the individual investor invest in a company’s future and how how this whole accredited investor con- to invest up to $10,000 in a startup com- critical resources are for growth. The cept works. pany. Now, that’s a risky investment. more avenues that we can provide for To be an accredited investor, you They could lose that $5,000. They could financing startup companies or allow- simply need to be worth $1 million or lose that $2,000. But you know what? ing a mom-and-pop company to expand, have income of $200,000 a year. Now, They could go to Las Vegas and they the better it is for the growth of our that’s a very rarified strata of the could lose it a lot quicker with a lot economy. American people. less upside. More importantly, these two pieces What does that mean when you’re an So this gives every American the op- of legislation before us demonstrate accredited investor? It means that you portunity to invest in startup compa- that Democrats and Republicans can can participate in a private equity of- nies, if one of their friends is starting work together. We can put aside our fering that doesn’t need to go through one, if there is some concept they are partisan differences, we can fast track the full SEC process which is cum- excited about, and reap the rewards as a commonsense piece of legislation and bersome and costs a lot of money. So, well. In addition to feeling part of work towards solutions to spur eco- in effect, many venture capital oppor- something special, some of these in- nomic growth. tunities, funding opportunities for vestments, the vast minority, could re- Now, to be clear, these two bills startup companies, are reserved for turn 50:1, 100:1 and could help those alone don’t do enough to turn our econ- those who are only worth above a mil- people acquire wealth, and that’s very, omy around. These measures do little lion dollars. They say the easiest way very exciting. to address what the American people to make a million dollars is to already The Access to Capital for Job Cre- are asking us for, creating jobs in the be worth a million dollars. In fact, peo- ators Act also deals with a flaw in how short term and getting the economy ple worth more than a million dollars private equity is raised. Currently, you moving. Will they have a positive im- have heretofore had a monopoly on have to know the right people to get pact in creating jobs and allowing for participating in these kinds of opportu- into a private equity deal. In fact, a financing to flow to new startup oper- nities. company that’s offering private equity ations? Yes, but they are not fun- Now, what can an average American is not even allowed to, under SEC regu- damentally game changers. family, let’s say with a net worth of lation, post a prospectus and informa- These bills will allow average Ameri- $50,000 or $100,000 do? Well, they can go tion on their Web site in an open envi- cans an opportunity to invest in early- to Las Vegas and they can bet it all on ronment. What this bill does is it cre- stage companies. Now, many of these number 9. They can buy gold, which is ates a safe harbor that allows them not opportunities won’t work out. Amer- being pushed by all these profit organi- to advertise it in the sense of loudly ican investors will lose their money. zations, and I think we need a congres- promoting it and trying to sell shares, Other American investors will make sional investigation into that. Many of but in a sense of simply providing it in money. But, again, it is a very Amer- these organizations selling gold sell it a nonpassword-protected way on their ican concept that it is your money to for above market value by preying on Web site to allow people who aren’t invest as you choose, and the best op- unsuspecting people who are not ac- part of their personal network of elite portunities shouldn’t be reserved for credited investors. They might be friends to participate in that private millionaires. We should make them worth $50,000 or $100,000. equity offering as well. widely available to all Americans. What you find, by the way, is that The average median household net Democrats on the Financial Services this whole concept of tying an accred- worth in this country is about $100,000. Committee have also been extremely

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.044 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7282 CONGRESSIONAL RECORD — HOUSE November 3, 2011 instrumental in improving these bills want us to focus on, and that is job cre- a measure that should easily pass the to protect business and investors. ation and economic growth. United States Senate, and I hope that Democrats have added a critical provi- Now, it’s a very specious claim that Majority Leader REID does bring that sion requiring that issuers verify that has been made by many that somehow measure up in the Senate. Unfortu- an investor is actually eligible to pur- this institution has failed to address nately, it hasn’t happened so far, but I chase the offer in securities, and the the issue of job creation and economic do think it’s something that should change ensures there’s a balance be- growth. And I appreciate the good pass the Democratic-controlled Senate. tween the need to use restrictions on words and thoughtful comments on It has passed the Republican-controlled capital formation and protecting inves- capital formation made by the minor- House of Representatives with strong tors from fraud and making sure we ity manager of this rule on the floor. bipartisan support. don’t get in the way of State regula- My friend from Colorado (Mr. POLIS), Just this week we are continuing tion, as well. who has taken on, and throughout his down that path towards putting into There is a fine line; and there are, as life has been focused on, the idea of the place a structure that will reduce the I mentioned, some areas where sham entrepreneur, taking the entrepre- tax and regulatory burden to create investments are being aggressively neurial spirit and generating jobs, he jobs for our fellow Americans. promoted that are certainly contrary understands what it takes. Capital for- I think it’s also important to note, to the spirit, if not the letter, of the mation is a critical part of that. Mr. Speaker, that one of the things law. The two measures that are going to that we need to do since we have seen Likewise, there are real opportuni- be made in order under this rule go a an 82 percent increase in non-defense ties that until this bill becomes law long way in this 21st century recog- discretionary spending for the 4 years those who are worth under $1 million nizing that for us to grow the economy leading up to this year, it’s important are ineligible from participating in, and create jobs, we’re going to need to that we decrease the size, scope and and as a companion those who might ensure that decreasing the regulatory reach of government so that those be worth more than $1 million but burden that undermines the ability for small businessmen and -women who are seeking to create job opportunities are don’t know the right people are unable small businesses to have access to cap- in a climate where that can take place. to participate in private equity offer- ital as they pursue innovative ideas is That’s why I say that virtually every- ings. This bill remedies both of those something that needs to be addressed. thing that we have been doing to re- restrictions and will help unleash cap- And that’s exactly what we’re going to verse that course that we were on, with ital flows to startup corporations. I’m be doing. that 82 percent increase in non-defense proud to support both bills. And I say it’s a specious claim, Mr. discretionary spending, everything EXECUTIVE OFFICE OF THE PRESI- Speaker, that many people have made that we’ve been trying to do to pare DENT, OFFICE OF MANAGEMENT that this institution is not taking ac- this down, the work that’s going on AND BUDGET, tion. For that reason, I hope very much right now of our 12 colleagues who are Washington, DC, November 2, 2011. that with this bipartisan effort that we part of the joint select committee STATEMENT OF ADMINISTRATION POLICY have here, a bipartisan effort, that we charged with reducing by $1.2 trillion H.R. 2930—ENTREPRENEUR ACCESS TO CAPITAL will bring to an end those kinds of over the next decade the level of spend- ACT statements, mischaracterizing, grossly ing and we hope—we hope—beyond that (Rep. McHenry, R–North Carolina, and 5 mischaracterizing the work of the cosponsors) $1.2 trillion level. United States House of Representa- The Administration supports House pas- All of these things, Mr. Speaker, are sage of H.R. 2930. In the President’s Sep- tives. geared to getting our economy growing tember 8th Address to a Joint Session of I believe that it’s been inappropriate so that our fellow Americans will have Congress on jobs and the economy, he called to make those claims for a long period more job opportunities. And so the for cutting away the red tape that prevents of time. Why? Because we have made message is a clear one. The process many rapidly growing startup companies many, many, many efforts over the that we have is a very good one. I’m from raising needed capital, including past several months to put into place happy to say that if you look at the through a ‘‘crowdfunding’’ exemption from policies that can help create jobs. Have the requirement to register public securities number of amendments that have been they all worked at this point? No. considered on the House floor in the offerings with the Securities and Exchange They’re all obviously prospective. But Commission. This proposal, which would en- first 9 months of this year, we’ve had able greater flexibility in soliciting rel- if you look at what we’ve done in the 842 amendments considered on the atively small equity investments, grew out area of encouraging domestic energy House floor. I’m very pleased that of the President’s Startup America initiative production, that’s a critically impor- we’ve been able to have a greater de- and has been endorsed by the President’s tant part of getting the economy gree of openness and transparency. Council on Jobs and Competitiveness. H.R. going, increasing job opportunities and We’ve made every single amendment in 2930 is broadly consistent with the Presi- reducing energy costs for our fellow dent’s proposal. This bill will make it easier order. There were many more Demo- Americans. cratic amendments made in order than for entrepreneurs to raise capital and create If we look at the notion of trying to jobs. The Administration looks forward to Republican amendments made in order continuing to work with the Congress to ensure that we open up new markets on the two bills that are coming before craft legislation that facilitates capital for- around the world for union and non- us. mation and job growth and provides appro- union workers here in the United We have seen, as I said, 842 amend- priate investor protections. States of America, we have just, in a ments considered here on the floor in I reserve the balance of my time. bipartisan way, with the support of the first 9 months of this year. But, Mr. Mr. SESSIONS. Mr. Speaker, I yield both Democrats and Republicans, Speaker, in the entire 111th Congress, 10 minutes to the gentleman from Cali- passed measures that will open up mar- that’s 2 years, two sessions of Congress, fornia (Mr. DREIER), chairman of the kets for us in Colombia, in Panama and there were a grand total of 787 amend- Rules Committee. in South Korea. I was privileged yes- ments considered on the House floor. (Mr. DREIER asked and was given terday to be with the Ambassador from And so I’m very pleased that we have, permission to revise and extend his re- Korea as we marked a celebration, a bi- in a bipartisan way, been able to open marks.) partisan celebration of that effort. up the floor so that Members, regard- Mr. DREIER. I want to begin by say- Look at the measure that was passed, less of their political party, Democrats ing to the very distinguished vice again, with huge bipartisan support, and Republicans alike, have been able chairman of the Rules Committee, Mr. dealing with the 3 percent withholding to have their ideas considered. And SESSIONS, the gentleman from Dallas, for those contracting with Federal, that is exactly what is going to happen that I appreciate his energy and effort State, and local governments that we under this special rule which we are on the Rules Committee. And I want to are bringing that to an end. That’s considering at this moment. say that I think that he’s very clearly something that the President of the So, Mr. Speaker, let me say again, made the case that we have, through United States has asked of us. We job creation and economic growth is this entire Congress, been focusing on passed it out of the House of Rep- what this is about. The American peo- the priority that the American people resentatives. And I have to admit, it’s ple are hurting. The people of my State

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.046 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7283 have an unemployment rate that is the floor. We can’t bring the Presi- supported that provision of the Presi- well in the double-digits. Part of the dent’s jobs bill to the floor. dent’s jobs bill. area I represent has a 15 percent-plus I have offered multiple times in the Mr. MCGOVERN. Will the gentleman unemployment rate. We need to do ev- Rules Committee an amendment to end yield to me? erything that we can to get our econ- U.S. taxpayer subsidies for Big Oil; put Mr. DREIER. I yield to my friend. omy moving. that toward deficit reduction or put Mr. MCGOVERN. I thank the gen- I would say to anyone out there, any- that toward investment in job cre- tleman. one out there who would try to make ation. Time and time and time again, I would urge the gentleman to come the claim that the United States Con- on party-line votes, we have been de- with me and talk to some of these un- gress, specifically the House of Rep- nied that right to bring that to the employed manufacturing workers and resentatives, is not taking action to floor. So the Republicans have failed say to them that the Colombia free create jobs and get our economy grow- miserably on the issue of jobs. trade agreement somehow—— ing is just plain wrong and that kind of To come out here and say that jobs Mr. DREIER. Mr. Speaker, now I will mischaracterization has got to come to have been a priority is laughable, given reclaim my time to say that, since my an end. the stuff that we have debated on this friend has brought up the issue of Co- I look forward, again, to bipartisan floor. What we should be debating is lombia, and we’ve disagreed on this for support for both this rule, which al- the President’s jobs bill. a long period of time, there are 40 mil- lows, again, every Democratic and Re- The SPEAKER pro tempore. The lion consumers in Colombia. And right publican amendment that was sub- time of the gentleman has expired. now there are people who are union mitted to us to be considered on the Mr. POLIS. I yield the gentleman an workers at Caterpillar and at John floor and also the very strong bipar- additional 30 seconds. Deere and at Whirlpool and other man- tisan support that I know that both of Mr. MCGOVERN. I yield back the bal- ufacturing companies in the United these measures will have as we proceed ance of my time. States who are going to have access to with debate. Mr. DREIER. Mr. Speaker, will the those consumers because of the agree- gentleman yield? ment that we have put into place. b 1340 I would say to my friend who just Mr. MCGOVERN. Will the gentleman Mr. POLIS. Mr. Speaker, I yield 2 yielded an additional 30 seconds, will yield? minutes to my colleague on the Rules the gentleman yield to me? Mr. DREIER. I yield to my friend. Committee, the gentleman from Mas- The SPEAKER pro tempore. The Mr. MCGOVERN. The gentleman said sachusetts (Mr. MCGOVERN). Chair recognizes the gentleman from the same thing about NAFTA too. Mr. MCGOVERN. I thank the gen- Texas. Mr. DREIER. I would like to reclaim tleman for yielding. Mr. SESSIONS. Mr. Speaker, thank my time, if I might, to say to my Let me, first of all, remind my col- you very much. friend that if one looks at the jobs that leagues that this is not an open proc- At this time, I would like to extend have been created in the manufac- ess; this is not an open rule. If Mem- to the gentleman from California 5 turing sector of our economy—and I’m bers are watching the proceedings on minutes. very sympathetic to those workers the floor and want to offer an amend- Mr. DREIER. I would like to engage that my friend has just spoken about ment, they are denied that oppor- in a discussion, if I might, with my in his district; but, Mr. Speaker, I tunity. Not only that, but that’s typ- friend from Worcester who has just, in think it’s important for us to note that ical of the way this Congress has been response to my quest to recognize that the United States of America today is run from the very beginning; promises the measure that is before us today still the number one manufacturing of openness have not come to pass. that is a job-creating measure will, in country on the face of the Earth. Let me also say that the Republican fact, Mr. Speaker, enjoy strong bipar- It is true that there are other coun- majority in this House of Representa- tisan support—and everyone acknowl- tries that are growing in the manufac- tives has failed, and they have failed edges. I mean, all one needs to listen to turing sector, and it is true that we miserably, on the issue of jobs. We is the minority floor manager of this have lost manufacturing jobs in the have talked about everything but jobs. measure that this issue is a jobs-cre- United States of America, in large part This week we began our proceedings ation item. due to the tax and regulatory burden, by debating a bill reaffirming the Mr. MCGOVERN. Will the gentleman things like repatriation and other words ‘‘In God We Trust’’ as our na- yield? items which play a role in discouraging tional motto. Well, behind me, above Mr. DREIER. I yield to my friend economic investment here in the the Speaker, in gold, is ‘‘In God We from Worcester. United States, but having said that, we Trust.’’ On the back of a dollar bill it Mr. MCGOVERN. I thank the gen- can’t forget that the United States says, ‘‘In God We Trust.’’ I didn’t know tleman. still is the number one manufacturer. there was a problem. We get it. It Why won’t you allow the President’s So with 96 percent of the world’s con- didn’t need reaffirming. It was there. jobs bill to come to the floor? Why sumers outside of our border, the idea But we spent a day debating that and have you denied us the opportunity to of saying that we’re ignoring the Presi- not debating jobs. There are millions of have an up-or-down vote on the issue of dent’s request—the President stood people in this country without work, China’s manipulation of its currency? here. And I will admit, it’s with our en- and we’re debating those kinds of reso- Why, on these issues that will create couragement, I encouraged him just lutions. millions of jobs, can we not get a vote? days after he was elected, Mr. Speaker, We should bring the President’s job Mr. DREIER. Reclaiming my time, with our encouragement he has sup- bill to the floor. Why can’t we bring Mr. Speaker, I thank my friend for his ported the idea of opening up these the President’s jobs bill to the floor? It very thoughtful contribution. Let me markets in Colombia and Panama and has bipartisan support. All the others respond to his points. South Korea. And I will say, Mr. had bipartisan support until the Presi- Mr. Speaker, this is the President’s Speaker, that as we seek to do that, we dent presented it. We were denied that jobs bill that we are considering today have embraced these measures and opportunity. right here on the House floor. The we’re doing them in a bipartisan way. I am going to urge my colleagues to President stood just over the gentle- And so as my friend got up and said vote ‘‘no’’ on the previous question so man’s shoulder and addressed a joint we’re talking about ‘‘In God We Trust’’ we can bring up the issue of China’s session of Congress on the issue of job rather than talking about jobs, we do manipulation of its currency. The bills creation and economic growth and how have the ability, believe it or not, to we are debating here today are fine, he wanted his jobs bill brought for- walk and chew gum at the same time. but they are peanuts compared to the ward. Do you know what he said to us? But we all know that the top priority jobs that are lost because of China’s He said we needed to pass the Colom- is making sure that we get our econ- manipulation of its currency. But we bia, Panama, and Korean free trade omy back on track. And, Mr. Speaker, have not, time and time and time agreements. And guess what? With bi- that is exactly what we’re doing. again, been allowed to bring that to partisan votes, we have embraced and That’s exactly what we have done for

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.047 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7284 CONGRESSIONAL RECORD — HOUSE November 3, 2011 the past several months. Because in (Mr. LEVIN asked and was given per- been unable to meet deadlines, issue the last Congress, with the passage of mission to revise and extend his re- timely rules, or reform unnecessary things like the stimulus bill that they marks.) and outdated regulations. told us that if we passed the stimulus Mr. LEVIN. I’m glad we’re having The cost of starting a business, meas- bill the unemployment rate would not this debate. This bill isn’t basically a ured as a percentage of per capita in- exceed 8 percent, we all know where it jobs bill, and it puts a Halloween mask come, has more than doubled since is. As I said, in part of my district it’s on it to say that’s what it is, basically. 2007. Even more troubling, according to in excess of 15 percent. That has been a The gentleman from California talks a new report by the World Bank, the failed policy. about manufacturing. The President U.S. has fallen to number 13 in terms of We have been putting into place poli- struggled to save the automobile sec- ease of starting a business. cies, again, working in a bipartisan tor, the domestic sector of this coun- To reverse these troublesome trends, way, unlike the way the stimulus bill try, over the opposition of many Re- it is critical that Congress focus its ef- was put into place at the beginning of publicans, including who is now appar- forts on eliminating barriers to capital last year. We have now, I believe, es- ently the leading nominee for the Re- formation. Instead of inhibiting inno- tablished policies that can play a big publican Presidential nomination. vation, we must put in place sound policies that harness America’s entre- role to ensuring that those workers b 1350 whose hands my friend shook in his preneurial spirit and spur economic district are able to have the kind of po- If we really want to talk about jobs, growth. tential job opportunity that is nec- what we should do is to turn down the I am pleased that we are able to join essary. previous question on this bill so we can with our friends from the other side of Mr. MCGOVERN. Will the gentleman bring up the currency bill. This will the aisle on today’s legislation, which yield? put Republicans to the test on a real will amend outdated provisions that Mr. DREIER. I’m happy, of course, to jobs bill. currently inhibit the ability of small further yield to my friend, even though The estimate is, by Fred Bergsten, businesses to connect with investors. he would never yield to me. that passage of legislation like this These bipartisan provisions will allow Mr. MCGOVERN. Two final thoughts: changing the Chinese undervaluation small businesses to raise essential job- One, this is not the President’s jobs of their currency would create a mil- creating capital and reclaim their bill. And there are millions of people lion jobs. rightful place as the most vibrant job who are unemployed in this country. I No one in authority has said this bill creators in America. repeat my claim that the Republicans will create any jobs. And Paul I want to recognize the gentleman have a lousy record on jobs. Krugman, his estimate is 1.5 million from California and the gentleman Mr. DREIER. If I could reclaim my jobs. from North Carolina for their hard time, Mr. Speaker, to say that this is And you talk about bipartisanship? work on these bills, and I encourage all not the President’s jobs bill—I will This currency bill is truly bipartisan. my colleagues to support this rule on admit, it was at our encouragement— So it will also put to the test whether the underlying legislation. but these are things that he said when you believe in bipartisanship when it Mr. POLIS. Mr. Speaker, again I ex- he addressed us right here in a joint comes to a real jobs bill. This bill, H.R. press appreciation to both majority session of Congress. So it is for that 639, now has 230 sponsors, a majority in and minority leaders for expedited ac- reason that we have been able to come the House of Representatives, and it tion in trying to get to the President’s together in a bipartisan way to address has 62 Republicans, and it passed the desk these two important measures. these very important issues. Senate, a similar, though not identical With that, I would like to yield 2 And so I’m happy, Mr. Speaker, to bill, with strong Republican support. minutes to the gentleman from Penn- recognize and support bipartisanship So this previous question, everyone sylvania (Mr. CRITZ). when it comes to getting America who votes, will put you to the test. Do Mr. CRITZ. I thank the gentleman working again. you believe in a real jobs bill? It won’t for yielding. The SPEAKER pro tempore. The destroy the bill on the floor. It will add I think the ranking member of Ways time of the gentleman has expired. to it. and Means really hit what the point of Mr. POLIS. Very briefly, I yield my- And also, do you really want to not this is; that this is not against the two self 1 minute to respond before I yield only have bipartisan action, but on a bills that are the underlying bills for to the gentleman from Michigan. currency bill that will really mean this rule, but this is about jobs. To be clear, these bills have the po- hundreds of thousands of jobs to the And you know, in this body, many tential to create jobs, but there will American people? Not 6 months from times we think about, what does a poll also be many investors that lose money now, as this bill before us might bring say? What does this poll say? as a result of these bills. Again, it’s about a few, but right in the immediate Well, regardless of what the polls their money to lose. These bills are future, tens of thousands. say, when I go home everyone in my consistent with that. And obviously So I strongly urge that we vote ‘‘no’’ congressional district is talking about these bills, in addition to causing job on the previous question and free the jobs, is talking about the economy. growth in companies, will also cause majority of the Members of this House I was thrilled to hear that these two misery to some people. But it is their to act on a bill that they now sponsor. bills flew through the process, intro- money to lose, and it’s probably better Free us. Take off the bonds. duced in September and now we’re de- that they bet it on some startup than Mr. SESSIONS. Mr. Speaker, I yield 4 bating them on the floor. What I can they invest it in gold or they take it to minutes to the gentlewoman from Illi- tell you, though, is that the Chinese Vegas. So at least there’s an oppor- nois (Mrs. BIGGERT), chairman of the currency bill, H.R. 639, the currency tunity to create jobs. Even if the com- Insurance, Housing and Community manipulation bill, was proposed in Feb- pany doesn’t go anywhere, that’s a job Opportunity Subcommittee. ruary of this year. for a year. And it limits the loss to 10 Mrs. BIGGERT. I thank the gen- I’ve heard comments like ‘‘bipar- percent of their income. So if some- tleman for yielding me the time. tisan,’’ and ‘‘let the House work its body makes $80,000, they can only lose Mr. Speaker, I rise in support of this will.’’ Well, this bill enjoyed tremen- $8,000 a year under this. Hopefully that rule. It is time to act. We cannot afford dous bipartisan support last year, 348– won’t put them out of house and home. to wait any longer on regulatory agen- 79, with 99 Republicans voting for it. And it gives them the same opportuni- cies to tweak the rules and regulations, Reintroduced this year. It’s inter- ties to invest in startup companies commission further studies, or form esting; in this body many times we do that millionaires have had for years. another committee. things and then complain about things It’s a very egalitarian measure. Since 2008, employment at regulatory that go to the Senate, and it doesn’t It is my honor to yield 3 minutes to agencies is up 13 percent while private- happen in the Senate. the ranking member of the Ways and sector jobs have decreased by more Well, here’s a bill, actually a strong- Means Committee, my good friend, the than 5 percent. And despite the in- er version of this bill, that passed the gentleman from Michigan (Mr. LEVIN). creased manpower, regulators have Senate 63–35. It’s the House, it’s the

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.049 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7285 House leadership, it’s the Republican could be put back to work if we held The SPEAKER pro tempore (Mr. leadership in this House that is deny- China accountable for manipulating its BASS of New Hampshire). The time of ing the Chinese manipulation bill com- currency. By rigging the system and the gentleman has expired. ing to the floor. Let the House work its giving the manufacturers, their manu- Mr. POLIS. I yield the gentleman an will. This is about jobs. facturers, an unfair advantage, China additional 30 seconds. As the gentleman from Michigan (Mr. has placed a roadblock in our road to Mr. PASCRELL. We are out of ex- LEVIN) mentioned, estimates are 1 mil- economic recovery. cuses, Mr. Speaker. We really are. lion to 1.5 million jobs, 1.5 percent of The Senate has already taken action. We’ve got support from both sides of GDP. It’s something that we should all They passed a bill to hold China ac- the aisle on this. There are over 14 mil- be passionate about. This is about countable and give our workers a level lion people unemployed in America. standing up for the American people. playing field on which to compete. If The bill costs nothing to the taxpayer. This is about standing up for the Amer- House Republican leaders are really se- This is amazing that we’re putting ican manufacturers. rious about significant actions to cre- something before the House that won’t The Speaker said this could be dan- ate jobs, they can bring this bill to the cost us any money. No taxes. The Sen- gerous. Well, let me tell you some- floor right now, right here today. We ate has already passed the bill—bipar- thing. Ask folks in the tire industry, can do something big to help people in tisan, huge numbers, margin. They’re ask folks in the steel tubing industry Ohio and across the country. 235 bipartisan cosponsors in our insti- who’ve watched Chinese unfair trade I urge defeat of the previous question tution here. This legislation passed practices put them in jeopardy and put so that we can bring the currency ma- with over 350 votes. No excuses, Mr. their people out of work. This is some- nipulation bill to the floor and bring Speaker. Mr. SESSIONS. I continue to reserve thing about, you have to stand up, you jobs back to the United States. have to take a stand. the balance of my time. Sixty-two Republicans are cospon- b 1400 Mr. POLIS. Mr. Speaker, I yield 1 sors of this bill. I urge defeat of the Mr. SESSIONS. Mr. Speaker, I yield minute to the gentleman from Ohio previous question. It does not defeat myself such time as I may consume. (Mr. RYAN). the underlying bill so that we can talk Regarding what is on the floor today, Mr. RYAN of Ohio. I thank the gen- about jobs and this bill, H.R. 639. it is important that we recognize it is tleman. Mr. SESSIONS. Mr. Speaker, I yield a continuing trend for job growth, job I’d just like to build on a point that myself such time as I may consume. creation on not just a net basis, but on the gentleman from New Jersey was We’re here talking about capital for- a positive basis without the loss of making. We need investments into our mation. We’re here talking about en- jobs. The Federal Government creates economy. This is an opportunity for us trepreneurial spirit, catching up with an average of 4,000 final rules and regu- to get private investments into our ideas to go to make job creation, and lations each year, and that is what in- economy. And the gentleman from then for the jobs to be here in America. hibits job growth. That’s what the California was talking about 96 percent That’s what this bill is about today. prior two Congresses have been about— of the globe is outside of the United It is about a bipartisan attempt, Re- massive rules and regulations, not the States. What’s happening now with the cur- publicans and Democrats working to- empowerment of the free enterprise rency manipulation is China is artifi- gether, through regular order, to the system. cially making their products cheaper Rules Committee, all seven amend- We need to remember that what we so that they can ship them here to the ments—Republicans and Democrats— are here for is to work in the best in- United States, and because of that, our that were submitted coming to the terest of making a future brighter and products trying to go into China are floor today, and us working these few better for those who are with us today hours, a chance for, I think, not only more expensive. and those who are behind us for their Now, we had dozens and dozens and Members of Congress to effectively future. And that’s why job creation, in- present their ideas and do the will of dozens of Republicans vote for this last vestment, and capital formation is im- year at the end of the session. The Sen- the people, but for us, perhaps more portant. importantly, to work together to find ate has passed this. This is a simple I reserve the balance of my time measure where we can send a signal to common ground on important issues Mr. POLIS. Mr. Speaker, I yield 1 that will aid and help Americans have the country and to the world that if we minute to the gentleman from New play fairly with China and China plays sounder financial footing. That’s what Jersey (Mr. PASCRELL). this bill’s about today. fairly with us, we all can benefit. And Mr. PASCRELL. I rise in strong sup- that will drive investment back into I know there are other bills that peo- port of the motion so that we can ple want to debate and want to bring to the United States and manufacturing. amend the rule and provide for the con- We had two cases at the Inter- the floor. I felt that way for 4 years sideration of a bill that will create over when the other side was, in fact, in national Trade Commission on tires 1 million jobs, the Currency Reform for and steel tubing in which China was control. But job creation through cap- Fair Trade Act. The floor schedule of ital investment, through the forma- cheating. The Americans, we put tar- the House has long been determined by iffs on these products, we saw job cre- tion, is what this bill’s about. the majority leader. Everybody knows I’m very proud of what we’re doing ation come, over $2 billion worth, in that. here on the floor today. the steel tubing industry of invest- I reserve the balance of my time. I’d hope that the majority leader ments that have been made since that Mr. POLIS. Mr. Speaker, it is my would therefore represent what is the decision. We’ve seen tire manufactur- honor to yield 1 minute to the gentle- majority of our Members, 230 Members ers expand in places in northwest Ohio. woman from Ohio (Ms. SUTTON). who cosponsored the bill—that’s not so The SPEAKER pro tempore. The Ms. SUTTON. I thank the gentleman bad—and schedule it for a vote. time of the gentleman has expired. for the time. We quite simply can’t afford to wait Mr. POLIS. I yield the gentleman an Mr. Speaker, I rise today to urge my any longer. China’s currency manipula- additional 30 seconds. colleagues to defeat the previous ques- tion has a devastating impact on man- Mr. RYAN of Ohio. So if we level off tion and get back to the work of really ufacturing and other industries across the playing field with these guys, we creating jobs in our country. this country. This results in Chinese can compete. With transportation costs Every week I go home to Ohio and I exports being up to 30 percent cheaper going up, we can compete. We have the meet with countless men and women in America. Now you know where the productivity. We have the workforce. who are ready to get back to work. problem is. Now you know what’s hurt- We just need a level playing field. They’re ready to prove something that ing American industries. Conversely, So I ask, Mr. Speaker, that this Con- we already know—that the American our exports are being more expensive gress, this House of Representatives, worker is the most productive and in- in China. Estimates vary, but econo- brings this bill up and let’s make some novative in the world. mists believe that this manipulation progress with China and set the tone Right now there are thousands, an es- reduces unemployment by no more and reclaim the mantle for manufac- timate of a million Americans, who than 1 million to 11⁄2 million. turing here in the United States.

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.051 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7286 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Mr. SESSIONS. Mr. Speaker, I would tion, jobs—also included ideas, ideas Previously, again, you not only had like to advise the gentleman from Col- from both sides of the aisle, which to be a millionaire, but you had to be orado that I have no additional speak- equally, if submitted, were given not a millionaire with the right connec- ers other than myself, and I reserve the only consideration but the green light tions to be networked to a company balance of my time to close. to come to the floor today to make that’s doing a private equity offering. Mr. POLIS. I thank the gentleman. I sure that what we did, we did together; Otherwise, you weren’t allowed to find believe we are on our last speaker. to make sure that we speak with a out about it. This will put all million- I would like to yield 11⁄2 minutes to voice that’s very powerful about the aires on an equal footing and will give the gentleman from Maine (Mr. need for us to ensure that America’s them the opportunity to examine MICHAUD). greatest days lie in our future through prospectuses on company sites, have Mr. MICHAUD. I thank my friend for the free enterprise system. them presented to them under the Ac- yielding. I’m proud of what we have done here cess to Capital for Job Creators Act, More than 3 weeks ago, the Senate today. allow them to squander their money on passed bipartisan legislation to address b 1410 startups, and to, of course, occasion- China currency manipulation. Since ally reap a reward as they hope to do. then, the Census Bureau reported that I reserve the balance of my time. Again, this money that’s invested Mr. POLIS. I will inform the gen- the U.S. trade deficit with China set a will then create jobs. It will help fund tleman from Texas that one additional new record at $28.96 billion in August. the companies and get them off the speaker has emerged. But House leadership still refuses to ground, giving millionaires many more I would be honored to yield 11⁄2 min- bring to the floor bipartisan legislation utes to the gentleman from Wash- ways to lose their money through in- that would withdraw on the yuan’s ille- vesting in risky startup companies. ington (Mr. MCDERMOTT). gal undervaluation. The consequences What does this do for the middle (Mr. MCDERMOTT asked and was of China’s unchecked currency manipu- given permission to revise and extend class? Again, it gives the middle class lation will only get worse. his remarks.) more ways to risk their money and lose China is literally robbing us of our Mr. MCDERMOTT. Mr. Speaker, I their money as well. factories, of our manufacturing jobs; agree with the gentleman from Texas Previously, with a middle class fam- and we aren’t doing a thing about it. that we ought to be doing everything ily, the average net worth in this coun- Addressing China’s currency manipula- we can for American workers. The time try was about $100,000. They were un- tion would create at least 1 million has come for this House to vote on the able to invest in a startup company. jobs without costing the American tax- Currency Reform for Fair Trade Act. They were not accredited investors. payers a penny. That is why Congress My friends across the aisle need to They couldn’t lose their money that has to bring the Currency Reform for stop standing in the way of American way. They could go to Las Vegas. They Fair Trade Act to the floor imme- jobs. It’s time to act. We’ve been dis- could bet it all on number six. They diately. And that’s what we’re trying cussing this issue with the Government could lose it all there. They could re- to do here today. of China for more than 8 years, and spond to a full-page ad in a paper and I urge my colleagues to vote ‘‘no’’ on this Republican majority has done not buy gold with all their money. That the previous question and ‘‘yes’’ on one blessed thing. American manufac- doesn’t create any jobs. But no. They getting tough on China. turers should not be forced to compete couldn’t invest it in their neighbor’s Mr. SESSIONS. Mr. Speaker, I yield against a 28 percent discount on im- startup company. This bill remedies myself such time as I may consume. ports from China due to China’s preda- that. Congress has an opportunity today to tory currency practices. This legisla- It limits their losses, and allows unleash investors in American business tion will give meaningful relief to U.S. them to invest 10 percent of their in- for the benefit of capital formation in companies and workers who are hurt come. If they make $80,000 a year, they America for American companies and by China’s currency manipulation. can invest $8,000 in a risky startup jobs. This is a bipartisan measure. Amaz- company. Again, nine out of 10 of these Additionally, we have an opportunity ing. The same bill passed the House are going to go out of business—they’ll because we have worked so well to- last year with an overwhelming vote, lose their money—and maybe one out gether. There is joint agreement to en- including with a strong majority of Re- of 10 will make a lot of money; but this sure the safety and soundness of finan- publicans. Now, of course, that was last allows middle class families the same cial institutions in the United States year. The majority of the House this opportunities that millionaires have with this legislation. Reforms to com- year, 230 Members, have cosponsored always had to lose their money. pany-investor relations are long over- this bill, including 62 Republicans. A What does it do for working families due, long overdue that would reform similar bill passed the Senate by a and the American poor? Access to cap- the industry to make them better, large bipartisan vote. American work- ital. stronger—to add jobs, may I add. ers expect every one of us on both sides What if you have an idea? What if Congress should be doing everything of the aisle to fight against China’s you don’t have any net worth, but you we can do to help economic growth and predatory trade practices and to fight have a great idea? You need to raise development, to jump-start the free en- for American workers. $100,000, $300,000—the proverbial ‘‘bet- terprise system and put Americans The question you have to ask your- ter mousetrap.’’ Do you know what? back to work. That happens through self, Mr. Speaker, is: How long are we You might not know any fancy venture capital formation. Growing our econ- going to have to wait for a jobs bill to capitalists, and you might not know a omy and slowing Federal spending will come from the Republican side? It lot of people with money. But do you be the best way to get this government seems like it may never happen until know what this bill allows you to do? back and the economy back on track after the election of 2012. It allows you to put that idea up on the and getting out of the rising debt and Mr. SESSIONS. I continue to reserve Internet and raise money from small deficit that is facing this great Nation. the balance of my time. investors across the country—legally. The underlying bills provide nec- Mr. POLIS. Mr. Speaker, I yield my- There is no legal way to do that until essary steps today for doing just that. self such time as I may consume. this bill passes. There is no legal way So I applaud my colleagues, Mr. The bills before us do something for for somebody without access to capital MCHENRY and Mr. MCCARTHY, for intro- people of all economic classes in the to raise capital in small tranches with- ducing the bills that we’re discussing country—they help working families out incurring SEC oversight and hav- here today. In particular, I’m proud of and the poor; they’re good for the mid- ing to hire lots of lawyers. my committee, the committee I’ve dle class; and they’re good for million- This effectively allows working served on for 14 years, the Rules Com- aires. Let me talk about each group American families to raise money for mittee, under the leadership of the gen- and how it helps. their ideas by crowdsourcing, or rais- tleman from California, DAVE DREIER, First, millionaires. It gives million- ing money over the Internet, from that for making sure that this bill—the aires more ways to lose their money. newly enfranchised middle class that power for investment, capital forma- Isn’t that exciting? now has the ability to lose their money

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.053 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7287 in new ways and from the millionaires, immediate passage in the Senate as mand for the previous question passes the who have always been able to lose their well. control of the resolution to the opposition’’ money but only if they knew the right I yield back the balance of my time. in order to offer an amendment. On March people. So these bills allow new ave- Mr. SESSIONS. Mr. Speaker, it’s a 15, 1909, a member of the majority party of- rare day when members of the Rules fered a rule resolution. The House defeated nues for growth capital for startup the previous question and a member of the companies. Committee from opposing parties have opposition rose to a parliamentary inquiry, Again, to be clear, most of these a chance to do so well with each other asking who was entitled to recognition. companies aren’t going to work out. on the floor. Speaker Joseph G. Cannon (R-Illinois) said: That’s the nature of capitalism. Most Once again, I’d like to congratulate ‘‘The previous question having been refused, of them are going to go out of business. the gentleman from Colorado on being the gentleman from New York, Mr. Fitz- They might employ three people for a a new father. We celebrated this with gerald, who had asked the gentleman to year, and 2 years down the road, they’ll the pictures at the Rules Committee yield to him for an amendment, is entitled to the first recognition.’’ be a footnote. But do you know what? just yesterday. Because the vote today may look bad for Some of them are going to work out. I encourage a ‘‘yes’’ vote on the rule. The material previously referred to the Republican majority they will say ‘‘the We could see the next Google, the next vote on the previous question is simply a Yahoo!, the next Microsoft. Many of by Mr. POLIS is as follows: vote on whether to proceed to an immediate these companies started as garage com- AN AMENDMENT TO H. RES. 453 vote on adopting the resolution . . . [and] panies, funded by proverbial friends At the end of the resolution, add the fol- has no substantive legislative or policy im- and family. The next great American lowing new sections: plications whatsoever.’’ But that is not what success story can be funded by SEC. 3. Immediately upon adoption of this they have always said. Listen to the Repub- resolution the Speaker shall, pursuant to crowdsourcing. It can have thousands lican Leadership Manual on the Legislative clause 2(b) of rule XVIII, declare the House Process in the United States House of Rep- of investors from middle class families resolved into the Committee of the Whole resentatives, (6th edition, page 135). Here’s across the country, earning millions of House on the state of the Union for consider- how the Republicans describe the previous dollars on their investments and lim- ation of the bill (H.R. 639) to amend title VII question vote in their own manual: ‘‘Al- iting their losses to 10 percent of their of the Tariff Act of 1930 to clarify that coun- though it is generally not possible to amend incomes. tervailing duties may be imposed to address the rule because the majority Member con- I am proud to support these two bills subsidies relating to a fundamentally under- trolling the time will not yield for the pur- and am appreciative of the majority valued currency of any foreign country. The pose of offering an amendment, the same re- and minority staffs for expediting their first reading of the bill shall be dispensed sult may be achieved by voting down the pre- with. All points of order against consider- vious question on the rule . . . When the mo- passage and improving them in com- ation of the bill are waived. General debate tion for the previous question is defeated, mittee and through the amendment shall be confined to the bill and shall not ex- control of the time passes to the Member process. It’s time we get back to work ceed one hour equally divided and controlled who led the opposition to ordering the pre- for the American people. by the chair and ranking minority member vious question. That Member, because he I again call on the Speaker and my of the Committee on Ways and Means. After then controls the time, may offer an amend- Republican colleagues to put aside par- general debate the bill shall be considered ment to the rule, or yield for the purpose of tisanship and give us more bills like for amendment under the five-minute rule. amendment.’’ these and more bills that can con- All points of order against provisions in the In Deschler’s Procedure in the U.S. House bill are waived. At the conclusion of consid- tribute to robust job growth and to do of Representatives, the subchapter titled eration of the bill for amendment the Com- ‘‘Amending Special Rules’’ states: ‘‘a refusal something for all American families re- mittee shall rise and report the bill to the to order the previous question on such a rule gardless of their economic worth. House with such amendments as may have [a special rule reported from the Committee Mr. Speaker, I oppose the previous been adopted. The previous question shall be on Rules] opens the resolution to amend- question; and I ask unanimous consent considered as ordered on the bill and amend- ment and further debate.’’ (Chapter 21, sec- to insert the text of the aforemen- ments thereto to final passage without inter- tion 21.2) Section 21.3 continues: ‘‘Upon re- tioned amendment to the rule in the vening motion except one motion to recom- jection of the motion for the previous ques- RECORD, along with extraneous mate- mit with or without instructions. If the tion on a resolution reported from the Com- rial, immediately prior to the vote on Committee of the Whole rises and reports mittee on Rules, control shifts to the Mem- that it has come to no resolution on the bill, ber leading the opposition to the previous the previous question. then on the next legislative day the House question, who may offer a proper amendment The SPEAKER pro tempore. Is there shall, immediately after the third daily or motion and who controls the time for de- objection to the request of the gen- order of business under clause 1 of rule XIV, bate thereon.’’ tleman from Colorado? resolve into the Committee of the Whole for Clearly, the vote on the previous question There was no objection. further consideration of the bill. on a rule does have substantive policy impli- Mr. POLIS. Again, I would like to SEC. 4. Clause 1(c) of rule XIX shall not cations. It is one of the only available tools point out that I will be opposing the apply to the consideration of the bill speci- for those who oppose the Republican major- previous question on the underlying fied in section 3 of this resolution. ity’s agenda and allows those with alter- issue. I don’t necessarily agree with native views the opportunity to offer an al- (The information contained herein was ternative plan. what some of my colleagues have said provided by the Republican Minority on mul- with regard to China, and I voted con- tiple occasions throughout the 110th and Mr. SESSIONS. I yield back the bal- sistently with that in the last Congress 111th Congresses.) ance of my time, and I move the pre- and have in this Congress; but I do be- THE VOTE ON THE PREVIOUS QUESTION: WHAT vious question on the resolution. lieve that the House should be able to IT REALLY MEANS The SPEAKER pro tempore. The work its will on this important matter This vote, the vote on whether to order the question is on ordering the previous to the American people and with re- previous question on a special rule, is not question. gard to international relations. merely a procedural vote. A vote against or- The question was taken; and the There are bigger fish to fry than giv- dering the previous question is a vote Speaker pro tempore announced that ing millionaires more ways to lose against the Republican majority agenda and the ayes appeared to have it. their money, than giving middle class a vote to allow the opposition, at least for Mr. POLIS. Mr. Speaker, on that I the moment, to offer an alternative plan. It demand the yeas and nays. families more ways to lose money and is a vote about what the House should be de- giving working families access to more bating. The yeas and nays were ordered. capital; but these are important steps Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- forward for capitalism, for capital House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, growth and capital formation, and to scribes the vote on the previous question on this 15-minute vote on ordering the create the next generation of great the rule as ‘‘a motion to direct or control the previous question will be followed by 5- American companies that will lift us consideration of the subject before the House minute votes on adoption of House Res- being made by the Member in charge.’’ To olution 453, if ordered, and the motion from this recession and carry forward defeat the previous question is to give the the torch of American progress across opposition a chance to decide the subject be- to instruct on H.R. 2112. the world. fore the House. Cannon cites the Speaker’s The vote was taken by electronic de- I am honored to support both under- ruling of January 13, 1920, to the effect that vice, and there were—yeas 241, nays lying bills and hope that they move to ‘‘the refusal of the House to sustain the de- 184, not voting 8, as follows:

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.055 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7288 CONGRESSIONAL RECORD — HOUSE November 3, 2011 [Roll No. 821] Costello Johnson (GA) Quigley This will be a 5-minute vote. Courtney Johnson, E. B. Rahall YEAS—241 Critz Kaptur Rangel The vote was taken by electronic de- Adams Gowdy Olson Crowley Keating Reyes vice, and there were—yeas 265, nays Aderholt Granger Palazzo Cuellar Kildee Richmond 160, not voting 8, as follows: Akin Graves (GA) Paul Cummings Kind Ross (AR) Alexander Graves (MO) Paulsen Davis (CA) Kissell Rothman (NJ) [Roll No. 822] Amash Griffin (AR) Pearce Davis (IL) Kucinich Roybal-Allard Amodei Griffith (VA) Pence DeFazio Langevin Rush YEAS—265 Bachus Grimm Petri DeGette Larsen (WA) Ryan (OH) Ackerman Garamendi Napolitano Barletta Guinta Pitts DeLauro Lee (CA) Sa´ nchez, Linda Aderholt Gerlach Neal Bartlett Guthrie Platts Deutch Levin T. Alexander Gibson Noem Barton (TX) Hall Poe (TX) Dicks Lewis (GA) Sanchez, Loretta Altmire Gingrey (GA) Olver Bass (NH) Hanna Pompeo Dingell Lipinski Sarbanes Andrews Gonzalez Owens Benishek Harper Posey Doggett Loebsack Schakowsky Baca Gosar Pallone Berg Harris Price (GA) Donnelly (IN) Lofgren, Zoe Schiff Baldwin Green, Al Pascrell Biggert Hartzler Quayle Doyle Lowey Schrader Barletta Green, Gene Pastor (AZ) Bilbray Hastings (WA) Reed Edwards Luja´ n Schwartz Barrow Griffin (AR) Paulsen Bishop (UT) Hayworth Rehberg Ellison Lynch Scott (VA) Bass (CA) Grijalva Payne Black Heck Reichert Engel Maloney Scott, David Bass (NH) Grimm Blackburn Eshoo Markey Pelosi Hensarling Renacci Becerra Guinta Bonner Farr Matsui Serrano Perlmutter Herger Ribble Benishek Gutierrez Bono Mack Fattah McCarthy (NY) Sewell Peters Herrera Beutler Richardson Berg Hahn Boustany Filner McCollum Sherman Peterson Huelskamp Rigell Berkley Hanabusa Brady (TX) Frank (MA) McDermott Sires Pingree (ME) Huizenga (MI) Rivera Berman Hastings (FL) Brooks Fudge McGovern Slaughter Platts Hultgren Roby Biggert Hayworth Broun (GA) Garamendi McIntyre Smith (WA) Polis Hunter Roe (TN) Bilbray Heck Buchanan Gonzalez McNerney Speier Price (NC) Hurt Rogers (AL) Bishop (GA) Heinrich Bucshon Green, Al Meeks Stark Quigley Issa Rogers (KY) Bishop (NY) Higgins Buerkle Green, Gene Michaud Sutton Rahall Jenkins Rogers (MI) Blumenauer Himes Burgess Grijalva Miller (NC) Thompson (CA) Rangel Johnson (IL) Rohrabacher Bonner Hinchey Burton (IN) Gutierrez Miller, George Rehberg Johnson (OH) Rokita Thompson (MS) Boren Hinojosa Calvert Hahn Moore Reichert Johnson, Sam Rooney Tierney Boswell Hochul Camp Hanabusa Moran Reyes Jones Ros-Lehtinen Tonko Brady (PA) Holden Campbell Hastings (FL) Nadler Richardson Jordan Roskam Towns Braley (IA) Holt Canseco Heinrich Napolitano Richmond Kelly Ross (FL) Tsongas Brown (FL) Honda Cantor Higgins Neal Rivera King (IA) Royce Van Hollen Buchanan Hoyer Capito Himes Olver Rogers (AL) King (NY) Runyan Vela´ zquez Bucshon Inslee Carter Hinchey Owens Rogers (KY) Kingston Ryan (WI) Visclosky Burgess Israel Cassidy Hinojosa Pallone Rogers (MI) Kinzinger (IL) Scalise Walz (MN) Burton (IN) Jackson (IL) Chabot Hochul Pascrell Ros-Lehtinen Kline Schilling Wasserman Calvert Jackson Lee Chaffetz Holden Pastor (AZ) Ross (AR) Labrador Schmidt Schultz Capito (TX) Coble Lamborn Schock Holt Payne Rothman (NJ) Waters Capps Johnson (GA) Coffman (CO) Lance Schweikert Honda Pelosi Roybal-Allard Watt Capuano Johnson (OH) Cole Landry Scott (SC) Hoyer Perlmutter Runyan Waxman Cardoza Johnson, E. B. Conaway Inslee Peters Rush Lankford Scott, Austin Carnahan Jones Cravaack Israel Peterson Welch Ryan (OH) Latham Sensenbrenner Carney Kaptur Crawford Jackson (IL) Pingree (ME) Wilson (FL) Sa´ nchez, Linda LaTourette Sessions Carson (IN) Keating Crenshaw Jackson Lee Polis Woolsey T. Latta Shimkus Castor (FL) Kelly Culberson (TX) Price (NC) Yarmuth Sanchez, Loretta Lewis (CA) Shuler Chandler Kildee Davis (KY) Sarbanes LoBiondo Shuster NOT VOTING—8 Chu Kind Denham Long Simpson Cicilline King (NY) Scalise Dent Austria Giffords Murphy (CT) Lucas Smith (NE) Clarke (MI) Kinzinger (IL) Schakowsky DesJarlais Bachmann Hirono Ruppersberger Luetkemeyer Smith (NJ) Clarke (NY) Kissell Schiff Diaz-Balart Bilirakis Larson (CT) Lummis Smith (TX) Clay Kucinich Schilling Dold Lungren, Daniel Southerland 1444 Cleaver Lance Schrader Dreier b E. Stearns Clyburn Langevin Schwartz Duffy Mack Stivers Ms. MCCOLLUM, Mr. HOYER, and Coffman (CO) Lankford Scott (VA) Duncan (SC) Manzullo Stutzman Ms. PINGREE of Maine changed their Cohen Larsen (WA) Scott, David Duncan (TN) Marchant Sullivan Cole Larson (CT) Serrano Ellmers vote from ‘‘yea’’ to ‘‘nay.’’ Marino Terry Connolly (VA) Latham Sewell Emerson Ms. RICHARDSON, Mr. GINGREY of Matheson Thompson (PA) Conyers LaTourette Sherman Farenthold McCarthy (CA) Thornberry Georgia, and Mrs. MCMORRIS ROD- Cooper Lee (CA) Shuler Fincher McCaul Tiberi GERS changed their vote from ‘‘nay’’ Costa Levin Shuster Fitzpatrick McClintock Tipton Costello Lewis (GA) Simpson Flake to ‘‘yea.’’ McCotter Turner (NY) Courtney Lipinski Sires Fleischmann So the previous question was ordered. McHenry Turner (OH) Cravaack LoBiondo Slaughter Fleming McKeon Upton The result of the vote was announced Crawford Loebsack Smith (NE) Flores McKinley Walberg as above recorded. Critz Lofgren, Zoe Smith (WA) Forbes McMorris Walden Crowley Lowey Speier Fortenberry The SPEAKER pro tempore. The Rodgers Walsh (IL) Cuellar Lucas Stark Foxx question is on the resolution. Meehan Webster Cummings Luja´ n Stivers Franks (AZ) Mica West The resolution was agreed to. Davis (CA) Lungren, Daniel Sutton Frelinghuysen Miller (FL) Westmoreland A motion to reconsider was laid on Davis (IL) E. Terry Gallegly Miller (MI) Whitfield DeFazio Lynch Thompson (CA) Gardner the table. Miller, Gary Wilson (SC) DeGette Maloney Thompson (MS) Garrett Mulvaney Wittman f DeLauro Manzullo Thompson (PA) Gerlach Murphy (PA) Wolf Denham Marino Tiberi Gibbs MOTION TO INSTRUCT CONFEREES Myrick Womack Dent Markey Tierney Gibson Neugebauer Woodall ON H.R. 2112, AGRICULTURE, Deutch Matheson Tonko Gingrey (GA) Noem Yoder RURAL DEVELOPMENT, FOOD Diaz-Balart Matsui Towns Gohmert Nugent Young (AK) Dicks McCarthy (NY) Tsongas Goodlatte AND DRUG ADMINISTRATION, Nunes Young (FL) Dingell McCaul Turner (NY) Gosar AND RELATED AGENCIES APPRO- Nunnelee Young (IN) Dold McCollum Turner (OH) PRIATIONS ACT, 2012 Donnelly (IN) McCotter Van Hollen NAYS—184 The SPEAKER pro tempore. The un- Doyle McDermott Vela´ zquez Ackerman Boren Chandler Edwards McGovern Visclosky Altmire Boswell Chu finished business is the vote on the mo- Ellison McIntyre Walz (MN) Andrews Brady (PA) Cicilline tion to instruct on H.R. 2112 offered by Engel McNerney Wasserman Baca Braley (IA) Clarke (MI) the gentleman from Washington (Mr. Eshoo Meehan Schultz Baldwin Brown (FL) Clarke (NY) Farr Meeks Waters ICKS Barrow Butterfield Clay D ) on which the yeas and nays Fattah Michaud Watt Bass (CA) Capps Cleaver were ordered. Filner Miller (MI) Waxman Becerra Capuano Clyburn The Clerk will redesignate the mo- Fitzpatrick Miller (NC) Welch Berkley Cardoza Cohen tion. Forbes Miller, George Wilson (FL) Berman Carnahan Connolly (VA) The Clerk redesignated the motion. Fortenberry Moore Wittman Bishop (GA) Carney Conyers Frank (MA) Moran Womack Bishop (NY) Carson (IN) Cooper The SPEAKER pro tempore. The Frelinghuysen Murphy (PA) Woolsey Blumenauer Castor (FL) Costa question is on the motion to instruct. Fudge Nadler Yarmuth

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.012 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7289 NAYS—160 ACCESS TO CAPITAL FOR JOB Throughout this week, the House is Adams Graves (MO) Pearce CREATORS ACT considering several jobs bills that are Akin Griffith (VA) Pence Mr. BACHUS. Mr. Speaker, I ask sponsored by members of the Financial Amash Guthrie Petri Services Committee and that have re- Amodei Hall Pitts unanimous consent that all Members Bachus Hanna Poe (TX) may have 5 legislative days within cently been approved by the com- Bartlett Harper Pompeo which to revise and extend their re- mittee. They have been sponsored by Barton (TX) Harris Posey marks on H.R. 2940 and to insert extra- both Republicans and Democrats. Yes- Bishop (UT) Hartzler Price (GA) terday, we passed two of those bills Black Hastings (WA) neous material therein. Quayle overwhelmingly, and today we will Blackburn Hensarling Reed The SPEAKER pro tempore. Is there Bono Mack Herger Renacci objection to the request of the gen- consider the other two. Boustany Herrera Beutler Presently, we’re considering H.R. Ribble tleman from Alabama? Brady (TX) Huelskamp Rigell 2940, which was introduced by Mr. Brooks Huizenga (MI) There was no objection. Roby MCCARTHY, a member of the committee Broun (GA) Hultgren Roe (TN) Mr. BACHUS. Mr. Speaker, pursuant Buerkle Hunter Rohrabacher to the rule just adopted, I call up the and of leadership. What this bill does is Camp Hurt Rokita create jobs. It gives entrepreneurs the Campbell Issa bill (H.R. 2940) to direct the Securities Rooney ability to raise capital, and that cap- Canseco Jenkins and Exchange Commission to eliminate Roskam Cantor Johnson (IL) ital translates into jobs. Ross (FL) the prohibition against general solici- Carter Johnson, Sam The President, in his State of the Royce tation as a requirement for a certain Cassidy Jordan Union, called on the Congress to create Ryan (WI) exemption under Regulation D, and ask Chabot King (IA) ways, additional ways, alternative Chaffetz Kingston Schmidt for its immediate consideration. Coble Kline Schock ways for entrepreneurs to raise capital. Schweikert The Clerk read the title of the bill. Conaway Labrador The SPEAKER pro tempore. Pursu- He also called on Congress to address Crenshaw Lamborn Scott (SC) burdensome regulations and restric- Scott, Austin ant to House Resolution 453, the Culberson Landry tions imposed on American businesses Davis (KY) Latta Sensenbrenner amendment in the nature of a sub- Sessions that create American jobs, and that’s DesJarlais Lewis (CA) stitute recommended by the Com- Doggett Long Shimkus what brings us on the floor today. mittee on Financial Services printed in Dreier Luetkemeyer Smith (NJ) I received a letter last week from Duffy Lummis Smith (TX) the bill is adopted and the bill, as Southerland EMANUEL CLEAVER, a member of our Duncan (SC) Mack amended, is considered read. committee who voted in favor of all Duncan (TN) Marchant Stearns The text of the bill, as amended, is as Stutzman four of these bills in committee. And Ellmers McCarthy (CA) follows: Emerson McClintock Sullivan this is what he said—and this is, I Farenthold McHenry Thornberry H.R. 2940 think, what we’re doing today: ‘‘As we Fincher McKeon Tipton Be it enacted by the Senate and House of Rep- Upton attempt to breach the divide in Con- Flake McKinley resentatives of the United States of America in Walberg gress, I want to share an insightful ci- Fleischmann McMorris Congress assembled, Fleming Rodgers Walden vility story. Flores Mica Walsh (IL) SECTION 1. SHORT TITLE. ‘‘Two young boys went to a neighbor- Foxx Miller (FL) Webster This Act may be cited as the ‘‘Access to Cap- Franks (AZ) Miller, Gary West ital for Job Creators Act’’. hood park to have some play time be- Gallegly Mulvaney Westmoreland SEC. 2. MODIFICATION OF EXEMPTION. fore their respective mothers called Whitfield Gardner Myrick (a) REMOVAL OF RESTRICTION.—Section 4(2) of them in for dinner. But upon arriving, Wilson (SC) Garrett Neugebauer the Securities Act of 1933 (15 U.S.C. 77d(2)) is a controversy ensued. One boy said, Gibbs Nugent Wolf Gohmert Nunes Woodall amended by adding before the period the fol- ‘let’s play on the seesaw.’ ‘No,’ the Goodlatte Nunnelee Yoder lowing: ‘‘, whether or not such transactions in- other replied, ‘I want to play catch.’ Gowdy Olson Young (AK) volve general solicitation or general adver- One boy got on the seesaw, but because Granger Palazzo Young (FL) tising’’. no one sat on the other end, he never Graves (GA) Paul Young (IN) (b) MODIFICATION OF RULES.—Not later than got off the ground. The other boy threw 90 days after the date of the enactment of this NOT VOTING—8 Act, the Securities and Exchange Commission the ball, but no one threw it back. Austria Butterfield Murphy (CT) shall revise its rules issued in section 230.506 of That sounds a lot like the two sides in Bachmann Giffords Ruppersberger title 17, Code of Federal Regulations, to provide Congress: Both sides have come to Con- Bilirakis Hirono that the prohibition against general solicitation gress for the same purpose but with dif- or general advertising contained in section ferent priorities. b 1452 230.502(c) of such title shall not apply to offers ‘‘As representatives of the people of and sales of securities made pursuant to section the greatest Nation on Earth, we must Messrs. NUNES and FLEMING 230.506, provided that all purchasers of the secu- be willing to alter one preference in changed their vote from ‘‘yea’’ to rities are accredited investors. Such rules shall order to acquire another, often result- ‘‘nay.’’ require the issuer to take reasonable steps to ing in accommodation of both.’’ It was verify that purchasers of the securities are ac- signed by my colleague, EMANUEL Messrs. FRANK of Massachusetts and credited investors, using such methods as deter- MCDERMOTT changed their vote from mined by the Commission. CLEAVER, a Member of Congress from Missouri. ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. After 1 So the motion to instruct was agreed hour of debate on the bill, as amended, b 1500 to. it shall be in order to consider the fur- That’s why we’re here today. We’re The result of the vote was announced ther amendment printed in part B of here today to set aside our differences as above recorded. House Report 112–265, if offered by the and do what the American people have gentleman from North Carolina (Mr. A motion to reconsider was laid on asked us to do, and that’s create jobs. MILLER) or his designee, which shall be the table. I can’t think of a better way to create considered read, and shall be sepa- jobs, particularly for small and middle- APPOINTMENT OF CONFEREES rately debatable for 10 minutes equally sized businesses, than the legislation of The SPEAKER pro tempore. Without divided and controlled by the pro- the gentleman from California (Mr. objection, the Chair appoints the fol- ponent and an opponent. MCCARTHY), and I’m happy to report lowing conferees on H.R. 2112: The gentleman from Alabama (Mr. that the Democratic members of Fi- BACHUS) and the gentlewoman from nancial Services overwhelmingly Messrs. ROGERS of Kentucky, YOUNG California (Ms. WATERS) each will con- agreed with us. of Florida, LEWIS of California, WOLF, trol 30 minutes. Yesterday the job numbers came out, KINGSTON, LATHAM, ADERHOLT, Mrs. The Chair recognizes the gentleman and it showed that while large corpora- EMERSON, Messrs. CULBERSON, CARTER, from Alabama. tions actually lost 1,000 jobs last BONNER, LATOURETTE, DICKS, Ms. Mr. BACHUS. Mr. Speaker, I yield month, small- and medium-sized busi- DELAURO, Messrs. OLVER, PASTOR of myself such time as I may consume. nesses created 107,000 or 108,000 jobs. Arizona, PRICE of North Carolina, I rise today in strong support of H.R. They did that despite what was de- FARR, FATTAH, and SCHIFF. 2940, the Access to Capital for Job Cre- scribed as ‘‘restrictions.’’ The greatest There was no objection. ators Act. restriction was the lack of capital.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.003 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7290 CONGRESSIONAL RECORD — HOUSE November 3, 2011 There are two ways to obtain funds would only apply when securities were day’s environments could I do the needed to hire new employees. One is sold to accredited investors, I am sym- same. Unfortunately, the answer is, no, to go to the bank and borrow it. Any- pathetic to the goals of the gentleman I could not. I cringe at the thought one on the Financial Services Com- from California’s bill. today of the regulations and the chal- mittee will tell you that when entre- The current ban on general adver- lenges a small business faced. preneurs go to the bank to get a loan tising has been interpreted to mean When I look at what small businesses for their business, they’re often told, that companies can only raise capital do to this economy, they represent 99.7 I’m sorry, it’s too risky. from investors with whom they have percent of all employers. When you There is an alternative to loans. And had a preexisting relationship. This re- analyze the growth of America, if you we all know loans can be hard to come quirement would hamper their ability just want to take from the beginning of by for new businesses and for small to obtain capital and it’s, therefore, ap- the last recession, 2001, the end of it to businesses who create almost all the propriate to modernize this provision. the beginning of this one in 2007, and innovation and new jobs in our coun- However, during the hearing on this you look at that time in America when try. The other way is to attract cap- bill in September, the North American we had job growth, when you think ital, people willing to invest and have Securities Administrators Association about who created that growth, well, the opportunity to share in the profits and others noted that one problem small businesses added 7 million jobs. and share in the growth of that com- with the original bill was that it would Large corporations cut 1 million jobs pany but, at the same time, willing to be difficult to limit the sale of these during that same time. take the risk. securities to only accredited investors Today, when we look at the market, That’s what the gentleman from when issuers advertise to everyone, we’re at our all-time low in the last 16 California’s bill does, in a nutshell. It particularly since accredited investors years for new small businesses enter- makes it easiest for people to invest in were able to self-certify their status. ing. And all statistics tells us we will companies. An amendment I offered in sub- not grow unless small businesses grow. We’ve often said that in America one committee, which was accepted, di- Unfortunately, the entrance to mar- of the dreams—and we’ve had a dif- rects the SEC to write rules requiring ket has become too great. The regula- ficult time with this recently—is issuers to verify that purchasers are tions have been too tough, and the ac- homeownership. Another is to either accredited investors. I think this will cess to capital has been too hard to own a business or invest in a business substantially improve the potential get. So just with that story I tell you of that does well. fraud issues identified by the State reg- How many of us have thought, I wish starting my own small business when ulators. we had invested in Apple. I wish we had it became successful, before I sold it I Given this improvement, I’d like to invested in Google. I wish we’d gotten actually looked to expand. I had offer my support for this legislation. in on the ground floor. dreams of putting five new delis This bill will make it just a bit easier The gentleman from California’s bill throughout my town. I even started ne- for some companies to raise funds in allows investors to get in on the gotiating on a new lease. the private market, enabling them to ground floor without having to spend But to raise that extra capital, when, grow their businesses. $200,000 or $300,000 to the Securities Ex- one, a bank had turned me down, be- But make no mistake. I believe that change Commission, and put their cause of the regulations by the Federal we still need to pass the American Jobs money that they have earned, not the Government, I could only talk to those Act in order to truly get people back to government, to work. people I already had a relationship And let me say this: when it comes to work in this Nation. In addition to this with. Well, I came from a side of town investing our money, I’ll trust indi- small change to enable capital forma- that didn’t have great wealth. I didn’t vidual investors every time over the tion, we need to keep teachers, police know people with money. officers and firefighters on the job, ex- government. b 1510 With that, Mr. Speaker, I reserve the tend unemployment insurance for laid- balance of my time. off workers, and revitalize neighbor- So for me to be able to talk to them, Ms. WATERS. Mr. Speaker, I yield hoods devastated by foreclosures. A I’d have to hire an attorney, file with myself such time as I may consume. truly comprehensive approach is need- the SEC all things that I did not have I rise today in support of H.R. 2940, ed to get Americans working again. the time to do as a small business, even the Access to Capital for Job Creators And I hope my colleagues are willing to to talk to somebody about the idea. So Act. work with me on passing the American I ended up selling. Before I begin my remarks, I would Jobs Act. Well, that law was based in 1933. This like to thank Chairman BACHUS, Chair- With that, Mr. Speaker, I reserve the country has moved forward, and this man GARRETT, Congressman MCCAR- balance of my time. Congress should move forward as well. THY, and Ranking Member FRANK for Mr. MCCARTHY of California. Mr. That’s why today that’s exactly what their assistance and support with this Speaker, I yield myself such time as I this bill will do. It will allow the small bill. We were able to work in a bipar- may consume. business to unshackle the capital tisan manner on this bill in our com- I first want to start by thanking the which it needs. It will allow the indi- mittee, passing it on a voice vote. gentlelady from California for her vidual to talk to those who are accred- H.R. 2940 amends the Securities Act work on this legislation and her ited, and it has the protections to do of 1933 to remove the prohibition on amendment making the bill better. that. But the idea could actually gain general solicitation or general adver- Mr. Speaker, as many know on this the capital. And you have to think, tising for offers of securities made floor, I started, before I was in Con- when you’re in a small business, some- under rule 506 of regulation D, if those gress, as a small business owner. At the times this capital is better than going securities are only sold to accredited age of 20, I took some savings I had, to a bank. It’s what you negotiate. investors. In other words, investors some luck within a lottery, and some The cash flow is very important in a will be able to advertise their private, investments in the market and I took a small business. A bank makes you pay unregistered securities offerings if risk. I went out and opened a deli. I monthly. The investment of an indi- those securities are only sold to ac- didn’t put a lot of thought into the vidual allows you to have growth. It credited investors. name, so I named it after myself. also allows Americans to invest in As you know, accredited investors But as I took that risk, as many peo- America. It is a win-win all the way are individuals, companies, or organi- ple across this country do, you find the around. It is involving in a place that zations that generally have the sophis- challenges of a small business. Fortu- allows small business to grow. tication needed to make complex fi- nately, I was successful, able to hire I will tell you that the strength from nancial decisions. These folks are people, able to work through; and at the amendment from MAXINE WATERS, thought to need less protection than the end of 2 years, I now had enough and the adoption in the committee, re- average retail investors. money to pay my way through college. quires insurers to verify that pur- Because this lifting of the ban on But when I think back to those days chasers are in fact SEC accredited. And general solicitation and advertising of the risk I took, I wonder if in to- I thank you for that amendment.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.065 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7291 This was approved in the Financial cessful. This bill accomplishes this prohibition on solicitation that is a Services Committee by a bipartisan task in a balanced way. barrier to capital formation and job vote. This is another example of an During the committee markup and creation. And regulations that are un- issue where we can find common work on this bill, we incorporated nu- necessary in this case are being elimi- ground, work on both sides of the aisle, merous ideas from both sides of the nated because investors under regula- work with this President, but more im- aisle, including a provision requiring tion D have to be sophisticated and ac- portantly, let America start working that issuers verify that an investor is credited. again. actually eligible to purchase the of- So there is the common sense. This is Mr. Speaker, I urge all of my col- fered securities. The Waters amend- a win all the way around. leagues to support this commonsense ment made sure that the investors I’m very proud to cosponsor this im- legislation, and I reserve the balance of were credible and accredited. portant piece of legislation, and I am my time. Today, as it stands, investors only so glad to join colleagues on both sides The SPEAKER pro tempore. Without self-certify that they have a million in of the aisle supporting this bill. objection, the gentleman from Cali- assets or make $200,000 a year to qual- I want to make mention of the fact fornia will control the remaining time ify to purchase the private security. that this bill now joins 15 other bills on the bill. Now, with this bill, we will have addi- that have been supported by both There was no objection. tional safeguards in place to make sure Democrats and Republicans. They are Ms. WATERS. Mr. Speaker, I yield 3 that investors are qualified and that listed on a card that we’re carrying minutes to the gentlelady from New these financial transactions are safer. with us and that you’ve probably seen York (Mrs. MALONEY). I support this bill today. I urge my quite a bit. I want the Senate to know Mrs. MALONEY. I thank my good colleagues to join in supporting it. And that this support from both sides indi- friend and the ranking member on the I feel that this is really an investment cates how strongly we are committed subcommittee, the gentlewoman from in the American Dream. to creating jobs; and our Nation cannot California, for her leadership on this I hope that we can likewise work to- wait for the Senate to hold yet this one bill and her amendment and her efforts gether to pass the American Jobs Act hostage as well, so I urge its swift pas- to make a good product an even better in a bipartisan way. We are not going sage. one. And I thank our ranking member, to cut our way to prosperity. We need Ms. WATERS. I yield myself such Mr. FRANK, for all of his leadership on to invest and grow our economy. This time as I may consume. Dodd-Frank and in the committee now, bill helps us to do that. The American I am very pleased that we have bipar- and also Chairman BACHUS, Chairman Jobs Act does, too. I hope our col- tisan support for this legislation. It has GARRETT, and Representative MCCAR- leagues will join us in supporting that been stated over and over again that THY. important job-creator initiative also. access to capital is extremely impor- This was a bipartisan effort. So in a So this is a vote for the American tant to our businesses, and small busi- Congress that everyone says we’re not Dream. I’m proud to support it. nesses in particular. working together, this is one example Mr. MCCARTHY of California. Mr. Mr. Speaker and Members, we talk a where we work together in the best Speaker, I yield 2 minutes to a doctor, lot about our support for small busi- sense of the word to bring this bill to mother, businesswoman, who brings a nesses; but I know there’s a long way the floor. fresh perspective to the freshman class to go in order to make sure that they I rise in strong support of the Access and knows firsthand the challenges have not only access to capital, but we to Capital for Job Creators Act because that job creators face, having started have one-stop shops and other kinds of I believe that it will help businesses in her own medical practice from scratch, efforts that will help them not only to our country raise money they need to the gentlelady from New York’s 19th grow their businesses and expand their create jobs and help our economy re- District, Congresswoman NAN businesses but to hire people. And real- cover. HAYWORTH. ly, that’s what this is all about. This was an important bill for busi- Ms. HAYWORTH. Thank you, mister This is about how do we stimulate nesses across our country, but it is par- whip. our economy, how do we get it work- ticularly important to New York City. Last week, I had the privilege of ing, how do we create jobs. This is one New York City is the home of many coming to the floor and sharing a let- way that we can do this. innovators, innovation. Entrepreneurs ter from one of our constituents in the 1520 come there from across the country, 19th Congressional District of New b and this bill will help them raise York, Mr. Paul Manahan from While we’re talking about small busi- money and grow the American Dream Mahopac, New York. This is what he nesses, let me remind you that, in the and help them go up that ladder of suc- wrote: American Jobs Act that is being de- cess in providing jobs and helping our ‘‘We don’t need or want more govern- bated by this Congress, we have similar economy. ment spending. Cut regulations; cut efforts for small businesses. We have Under our current system, companies taxes; repeal the 2010 health care law tax credits for small businesses; we seeking to raise capital by selling and let business do what it does best— have tax credits when they hire work- shares are barred from many types of create jobs based upon demand, not ers, when they hire veterans. So I am advertising and solicitations. In effect, government dictates, spending, and at- very pleased that both sides of the aisle our current system tells businesses: Go tempts at market manipulation.’’ are showing more and more support. out and create jobs, but don’t tell peo- Today, in this bill, the Access to Cap- These small businesses need this cap- ple who might want to invest in your ital for Job Creators Act, H.R. 2940, we ital to acquire inventory. Many of company or invest in your idea or in- are taking yet another step toward im- them need to get up to speed with their vest in America, don’t tell them any- plementing this kind of advice from a computer equipment to be able to mar- thing. commonsense American. ket their services, their goods, and So this message is contradictory at Small businesses, as many of us have their products. As we do this, let us best and patently unfair at worst, and already mentioned, they really are the keep in mind that this is one aspect of it is bad for businesses at a time when job creators and the key to a healthy how we stimulate the economy, of how we are asking businesses across this and strong economy. Our number one we grow our small businesses, of how country to lead our economic recovery priority in this Congress is to ensure we give support to them. and to create jobs. that the regulatory environment for Let’s look at the other ways we’re This bill before us today would end small businesses supports capital for- talking about stimulating the econ- this contradiction by removing the re- mation, investment, and job creation. omy. Don’t forget that many small strictions on general solicitation and This bill does exactly that, furthering businesses will benefit from the repair advertising for certain private securi- job creation by eliminating unneces- of our infrastructure. Just think about ties offerings. It will help companies sary regulations. it. When we’re repairing our roads and attract potential investors and raise The Access to Capital for Job Cre- our bridges and our water systems, the capital that they need to be suc- ators Act creates jobs by eliminating a small business persons will have many

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.067 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7292 CONGRESSIONAL RECORD — HOUSE November 3, 2011 opportunities to grow their small busi- and services, and generally to expand how to create jobs. What I know is that nesses, whether or not they are whole- their businesses. attempting to spend our way to an eco- salers and people in the middle who Debt financing is very difficult and nomic recovery won’t work, and we will be providing supplies and mate- sometimes impossible in today’s mar- have the economy today that proves rials to those contractors or whether ket, especially for smaller businesses just that. or not they are subcontracting for like my own. Equity financing is also From the experiences gained from an some aspect of this development and very difficult, with enormous trans- almost 40-year career in private busi- growth and repair of our infrastruc- action costs and very expensive and ness, to get the private sector creating ture. So we’re on the right track here time-consuming SEC regulation re- jobs again and our economy growing, when we talk about assistance to small quirements. Our capital markets, both government needs to get out of the way businesses and job creation, but let us debt and equity, are struggling and are and not be an impediment to job cre- open up our minds and really think expensive for small businesses, so we ation. about how the infrastructure repair need to find creative ways to reduce This is the philosophy that has gov- will certainly be a big boon for small the regulatory costs and burdens. erned bill after bill that the House has businesses. This legislation, this commonsense passed to get our economy moving I can point to other things in the legislation, I would add, would do just again. Unfortunately, these bills are American Jobs Act. Just think about that. It would give companies greater rotting at the doorstep of the Senate as the construction and repair of our access to capital to grow and to create HARRY REID refuses to allow them to be schools. We have schools that still need jobs while still protecting the less so- considered. The Access to Capital for a lot of repair. They don’t have science phisticated investors at no cost to the Job Creators Act is governed by the labs. The laboratories and much of American taxpayers. Specifically, this same philosophy. This will help fix an what is involved in the whole construc- bill removes the ban on small compa- outdated government regulation that tion of schools is very much needed. nies from soliciting equity financing is inhibiting capital formation for Again, our small businesses will benefit from accredited investors. It expands small businesses that are having a hard from this. Just think about it. When the pool of those that we can go out to time accessing loans from financial in- they go to their local boards of edu- to help raise dollars, to help raise re- stitutions. cation and when they get involved in sources so that we can invest in our To get the economy back on track, supplying goods and services as we re- businesses and so that we can grow job creation in the private sector is the pair these schools and build more them. key. We need to get government out of schools, that’s how you stimulate the There are 29 million small businesses the way and let private sector job cre- economy. You cannot separate small in our Nation. If we can create an envi- ators do what they do best—create businesses from jobs. Small businesses ronment here in Washington where half jobs. create jobs. Jobs allow people the abil- of those businesses can create a single Mr. MCCARTHY of California. Mr. ity to spend money and to stimulate job, think about where we’d be then. Speaker, it is my pleasure now to yield our economy. This is the kind of bipartisan legisla- 2 minutes to the chairman of the Cap- I am just so pleased that we see bi- tion we talk about with regard to jobs ital Markets and Government Spon- partisan support in the effort for small and the economy, and we are doing sored Enterprises Subcommittee, one businesses. Let’s not stop here. Let’s things in the United States Congress. who has been a leading advocate for keep going. Let’s keep creating these I certainly want to thank the gentle- pro-growth economic policies, the gen- opportunities so that we can say that lady from California for her leadership. tleman from New Jersey (Mr. GAR- we’re a country that not only respects I want to thank Chairman BACHUS for RETT). small businesses but that we’re going his leadership, certainly want to thank Mr. GARRETT. I thank the gen- to put our money where our mouths Chairman GARRETT, because this is the tleman for yielding. are, and we’re going to give them the kind of bipartisan legislation that can I thank the gentleman from Cali- opportunity again to create and grow get our economy moving again and our fornia as well for his leadership on this and expand. focus back on jobs. issue, as well as others, and also behind With that, Mr. Speaker, I have no Mr. MCCARTHY of California. Mr. us over here, the chairman of the full further requests for time, and I yield Speaker, I am pleased to yield 1 minute committee, SPENCER BACHUS, for his back the balance of my time. to a man who knows what it takes to leadership on this issue as well as on Mr. MCCARTHY of California. Mr. create jobs and meet a payroll in hav- the general issue of trying to do what Speaker, I yield 2 minutes to an inte- ing spent 20 years building a real estate we can do best in order to facilitate the gral member of the Financial Services development company that he started greater liquidity and openness of credit Committee, a member who ran one of with his brothers and sisters, the gen- in the marketplace. This bill is one the oldest pest management companies tleman from Texas (Mr. CANSECO). step in that direction, so I commend in the country and who has personally Mr. CANSECO. Mr. Speaker, I rise both gentlemen for their efforts in that faced many of the challenges con- today in support of the Access to Cap- regard. fronting small businesses today, the ital for Job Creators Act. I’ve been on the floor, I guess, for the gentleman from Illinois (Mr. DOLD). I want to thank the gentleman from last few days now, and I’ve heard Mem- Mr. DOLD. I certainly want to thank California (Mr. MCCARTHY) and the bers from the other side of the aisle re- the gentleman from California for gentlelady from California (Ms. peatedly coming to the floor, saying, yielding the time. WATERS) for this bipartisan effort as Where are the jobs bills? We haven’t One thing that I am very pleased well as thank our leadership on the had any jobs bills come through. about today is that we’re talking about committee. Here is certainly one of the pinnacles some bipartisan legislation that does As a nation, we have an unemploy- of the jobs bills that we’ve been talking focus in on the number one issue that ment rate that is hovering around 9 about that this House has passed al- we face in our country today, which is percent and 14 million Americans out ready and that today we will pass jobs and the economy. of work. We’ve had 32 consecutive going forward. As a small business owner, I can per- months with unemployment rates at or What this bill will do is provide, as sonally understand that access to cap- above 8 percent. Yet Senator HARRY has already been indicated, to both ital is critical in sometimes deter- REID, the Senate majority leader, in- small and big businesses the oppor- mining the factor between success and sists, ‘‘It’s very clear that private sec- tunity to get the wherewithal to start failure for small businesses. Small tor jobs have been doing fine.’’ their businesses, grow their businesses, businesses do represent two-thirds of The American people disagree. expand their businesses—and to do all net new jobs created in our Nation. I’m 62 years old and a freshman in what after that? Create jobs. That’s Businesses, especially small businesses, this, the people’s House. Before coming what this is all about. must raise capital to create and main- to Congress, I spent my entire career in We just had a litany of people come tain jobs, to invest in research and de- the private sector. I’ve signed the front to the floor, one right after the other, velopment, to sell and market goods of a paycheck. I know something about just as the sponsor of the bill has done.

VerDate Mar 15 2010 04:17 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.069 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7293 He is someone who started out with yielding me time and for his leadership country has asked. And we are doing probably not much in his pockets but on this issue. that today. The leadership that Mr. was able to get that all together and I want to voice my support for the MCCARTHY and Ms. WATERS have both probably get some capital outside of Access to Capital for Job Creators Act. demonstrated is an opportunity for that as well—and do what? Create a This is straightforward legislation that this country to get greater access to business. It wasn’t a one-man oper- provides a simple method for job cre- capital, to get innovators and job cre- ation, I’m sure. He then brought people ators to find funding for their busi- ators the ability to hire quicker, for into that business. He created jobs. The nesses. This legislation will allow en- those like our own Dean Kamen to con- other speakers who came to this floor, trepreneurs to advertise their invest- tinue to find the next revolutionary they created jobs as well. As the other ment opportunity to accredited inves- way to change our State and our Na- side of the aisle has already indicated, tors and to solicit investment without tion. this bill will create jobs. being subject to costly and burdensome This is a great opportunity for us to Now, one of the other things this bill regulations. This exemption would reform an old piece of legislation, does is to create certainty in the mar- only apply to general solicitations or going back to 1933, update it to make ketplace, which is something that has advertising if the buyers are accredited sure it meets the required standards of been a problem over the last couple of investors, those people that have $1 2011 for the new job creators of tomor- years with all of the legislation and million net worth or an income above row. And I am thrilled to support it, regulation that has been coming out of $200,000. This leaves protections in and I look forward to more job creation Washington. This will provide some de- place for those who may be less sophis- bills to come to this floor for us to vote gree of certainty in the marketplace so ticated investors. Simply put, this bill on and get our country moving back in that investors and business owners will helps finance job growth in America by the right direction. understand how they can get into the connecting small businesses and job Mr. MCCARTHY of California. Mr. credit marketplace and then do so. creators with sophisticated investors Speaker, this bill represents an impor- I know a little bit later from now we while keeping protections for less so- tant step towards unleashing the po- may see some attempts to amend this phisticated investors. tentials of entrepreneurs and small bill which would go in just the opposite Mr. MCCARTHY of California. Mr. businesses. We must all remember, an direction. What would it do? It would Speaker, I yield 1 minute to a new entrepreneur never takes a job from provide more uncertainty in the mar- Member who knows firsthand how to someone. They only create them. ketplace; it would provide more con- create jobs through his work—he has Today we’re going to unleash them. volution to the system; and it would employed over 100 people—the gen- I urge all my colleagues to join me in make it even more difficult to do what tleman from Butler, Pennsylvania (Mr. this bipartisan effort to help promote we’re trying to do today. KELLY). small businesses’ capital formation by Support this bill clean as it is right Mr. KELLY. I rise in strong support supporting the underlying bill. now in order to create more jobs for of this piece of legislation. This is so I yield back the balance of my time. the American public. commonsense. This is so basic. It is as Ms. JACKSON LEE of Texas. Mr. Speaker, b 1530 basic as blood is to the body, the access I rise today in support of H.R. 2940, ‘‘Access Mr. MCCARTHY of California. Mr. to capital for small businesses, the to Capital for Job Creators Act,’’ to remove the Speaker, I yield 1 minute to the former ability to raise capital in hard times. prohibition against general solicitation or ad- chairman of the Small Business Com- I will tell you right now the biggest vertising on sales of non-publicly traded secu- mittee, who has never stopped working inhibitor right now to us creating jobs rities, provided that all purchasers of the secu- to create good-paying jobs for northern is the uncertainty. And for anybody in rities are ‘‘accredited investors.’’ Requires the Illinois, Mr. MANZULLO. small business to go to a bank right Securities Exchange Commission to write Mr. MANZULLO. Mr. Speaker, I hear now and say, I need to borrow money, rules on how an issuer would verify that the complaints from our small business I want to buy equipment, I want to in- purchasers of securities are accredited inves- constituents back home about the dif- vest in inventory, you know what tors. ficulty in raising capital. Today we they’re met with: we are not sure we The legislation before us today is designed have an opportunity to fix one aspect can do that. With the new rules and to encourage companies to advertise in order of this problem so that our Nation’s regulations, we don’t know them yet, to attract additional capital which will allow small businesses can obtain the funds so we have to kind of hold back on them to invest and hire additional employees. that they need to hire workers. that. As part of a broader effort to tie the financial Current law bars companies from But you know what, we need access regulatory environment to U.S. job creation raising capital through unsolicited ad- to that capital if we are to succeed. If and economic competitiveness. The bill vertisements. Requiring potential in- we are to move forward as a country, amends section 4(2) of the Securities Act of vestors to have an existing relationship we need to unleash those bonds that 1933 to permit use of public solicitation in con- with a particular company limits the are keeping us moored by them, and we nection with private securities offerings. pool of potential investors and hampers can do it. At present, the Securities and Exchange the efforts of small companies who This legislation is commonsense. And Commission (SEC) rules (including Rule 506) have a great idea to raise much-needed as I said earlier, this is the same as create a ‘‘safe harbor’’ for companies that capital to expand and hire workers. blood is to the body. Access to capital want to issue private securities to raise an un- This bill would make an exemption in for small business is absolutely crit- limited amount of money from an unlimited the advertising ban for accredited in- ical. It has to be done now. There is number of accredited investors (and up to 35 vestors. H.R. 2940 will make it easier great bipartisan support for it. other investors). However, the safe harbor for companies to raise capital without Mr. MCCARTHY of California. Mr. does not permit the use of general solicitation putting less sophisticated investors at Speaker, it is my pleasure to yield 1 or advertising to market these securities. This risk. minute to the Member whose top pri- measure requires the SEC to revise Rule 506 As a former chairman of the Small ority in Washington is getting the within 90 days to provide that companies can Business Committee, I urge my col- Granite Staters back to work, the gen- use general solicitation or advertising to mar- leagues to support H.R. 2940. The bill tleman from Manchester, New Hamp- ket these private securities, providing that all will help small gazelle firms raise cap- shire (Mr. GUINTA). purchasers of the securities are accredited in- ital during these difficult economic Mr. GUINTA. I thank the gentleman vestors. times. for yielding the time. In addition, it mandates SEC to write rules Mr. MCCARTHY of California. Mr. Mr. Speaker, you know all too well requiring issuers using general solicitation to Speaker, I yield 1 minute to a Member that Granite Staters are still hurting verify that investors are accredited, rather than who is leading the way in encouraging in this economy, as are many other rely on investor self-certification, as is cur- job creation in Ohio’s 15th Congres- Americans. One thing we can do as a rently permitted. In addition to a number of dif- sional District, Mr. STIVERS. body in a bipartisan way is to continue ferent types of institutions, an ‘‘accredited in- Mr. STIVERS. I would like to thank to bring jobs bills to this floor and vote vestor’’ is an investor with more than $1 mil- the gentleman from California for them out in a bipartisan way, as the lion in assets excluding the primary residence,

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K03NO7.070 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7294 CONGRESSIONAL RECORD — HOUSE November 3, 2011 or an annual income greater than $200,000 for least, the advertisement or the solici- are encouraging them to invest in an individual and $300,000 for a couple. tations should reveal if they are to dis- those companies. Before us is a measure that will allow com- close if there is a compensation agree- b 1540 panies to more easily raise capital by remov- ment with the executives or a golden ing restrictions on general solicitation and ad- parachute severance package and what These are obviously very, very help- vertising for certain private securities. It fairly those are so that investors won’t find ful disclosures. This is important infor- balances the need to ease capital formation to that they are buying into a company mation for investors, and honest small spur job creation, with a provision to better that, if it does make a profit, there are businesses should not hesitate in the protect investors by putting greater responsi- already contracts in place that will least to provide it. bility on the issuer. make sure all those profits go to the STATE OF NORTH CAROLINA, DE- PARTMENT OF THE SECRETARY OF One of the more important provisions in the executives who are there and not to the STATE, bill is to ensure the identities of investors. The investors. November 3, 2011. onus is on the issuer to verify that an investor We’ve heard all manner of glowing Re H.R. 2930—‘‘Entrepreneur Access to Cap- actually is eligible to purchase the offered se- praise for the kinds of small businesses ital Act of 2011’’ curities. Currently, investors only self-certify that might benefit from this bill. I Hon. MELVIN WATT, that they have $1 million in assets or make think the gentleman from Illinois re- Rayburn HOB, $200,000 a year to qualify to purchase the pri- ferred to these as gazelle companies. Washington, DC. vate security. Mr. Speaker, there has been a bad DEAR REPRESENTATIVE WATT: I am writing This has created the balance we need to history of flim-flams that have taken to express my concern with H.R. 2930, the ease restrictions on capital formation with pro- investors’ money. The reason that we Entrepreneur Access to Capital Act, which tecting investors from fraud. NASAA continues have investor protections is not just could be voted on by the House this week. to oppose the private offering process gen- because of the self-aggrandizing ambi- This legislation, intended to promote an erally, which does not provide notice to the tions of regulators. It is because there internet-based fundraising technique known has been a history of abuse, and that as ‘‘crowd-funding’’ as a tool for investment, States, and therefore opposes this bill. This will preempt state investor protection laws bill will ease a regulation that implements stip- abuse discourages capital from coming. and weaken important investor protections. ulations on garnering investors and capital. No one is going to want to invest when Crowdfunding is an online money-raising Without access to investors and capital, there have been well publicized exam- strategy that began as a way for the public Houston native Michael Dell would not have ples of investors who put their money to donate small amounts of money, often been able to start one of the most successful into unregulated companies like these, through social networking websites, to help computer retail businesses in the world. His like what this bill would create and artists, musicians, filmmakers and other $1,000 primary investment in the 1980s al- lost their entire investment because it creative people finance their projects. The lowed Dell Computers to become a household all was grabbed by a handful of execu- concept has recently been suggested as a way of assisting small businesses and start-ups name. Without this capital, America would not tives. looking for investment capital to get their have had one of its premier innovators. And these disclosures are even more business ventures off the ground. The economic impact of this legislation is important because these companies Soliciting charitable donations from encouraging. Businesses require investors and will not be subject to the say-on-pay strangers online to advance a goal or cause capital in order to expand and flourish. When rules under the financial reform legis- is one thing. Selling shares in a business on- businesses are presented with this oppor- lation passed and signed into law just line to strangers who expect to realize a po- tunity, jobs are created that in turn, will stimu- last year. And we’ve already seen from tential return on their investment is some- late economic growth. Dell’s headquarters the experience on say-on-pay that thing very different. H.R. 2930 contains a preemption provision alone employs roughly 16,000 people. there remain real abuses of executive that would prohibit my agency from requir- I urge my colleagues to join me in sup- compensation. Even though many com- ing the filing or disclosure of information porting H.R. 2930, ‘‘Entrepreneur Access to panies have changed their practices about these investment opportunities before Capital Act’’; this will ease SEC restrictions in and have made them more transparent they are offered to the public in my state. I order to stimulate our economic recovery and because they are worried about putting believe enacting this preemption would be a job creation. their pay practices to a vote of the serious mistake because, based on our pre- The SPEAKER pro tempore. All time shareholders, they fear disapproval, vious experience, many of the crowdfunding for debate on the bill has expired. and they’ve changed their practices. opportunities will be targeted at Mom and Pop retail investors. The authority to re- AMENDMENT OFFERED BY MR. MILLER OF NORTH But even with that, about 2 percent— quire filings is critical to my office’s ability CAROLINA which is actually a pretty big num- to ‘‘get under the hood’’ of an offering to Mr. MILLER of North Carolina. I ber—get turned down. And they all get make sure that it really is what it says it is. have an amendment at the desk. turned down for pretty much the same I appreciate efforts by Congressman Ed The SPEAKER pro tempore. The reasons. There is no connection be- Perlmutter (D–CO) to work with the bill’s Clerk will designate the amendment. tween pay and performance. There are sponsor to produce a bipartisan amendment The text of the amendment is as fol- poor pay practices, like long-term ben- that would alleviate the states’ concern with lows: efits without any kind of a perform- the preemptive provisions of H.R. 2930. Un- Page 4, line 9, insert before the period the ance measure. There are bonuses that fortunately, the Perlmutter-McHenry Amendment made in order by the Rules following: ‘‘and the person offering or selling were way too easy to achieve, that the such securities utilizing the general adver- Committee on November 2 does not achieve bar was set very, very low. There are this goal. Indeed, by simply clarifying that tising or general solicitation permitted by performance measures that make no such rules discloses in any advertising mate- states ‘‘retain jurisdiction . . . to investigate rials connected with such offering or selling sense or simply that there was poor and bring enforcement actions with respect any bonus compensation structures and disclosure of what the compensation to fraud or deceit,’’ the amendment essen- ‘golden parachute’ severance packages that was, or the compensation was simply tially restates the preemptive provisions as the person has provided to executive officers, too much for the size of the company they existed in the original bill. directors, or other principals of the person’’. and what others in the industry are H.R. 2930 may he well intended. but I am concerned that it could create serious en- The SPEAKER pro tempore. Pursu- paying. forcement challenges and potentially open ant to House Resolution 453, the gen- These companies will not have say- the door to the possibility of significant in- tleman from North Carolina (Mr. MIL- on-pay. They will not get a chance to creases in investment fraud. Small busi- LER) and a Member opposed each will vote on executive compensation, and nesses are vital to job growth and to improv- control 5 minutes. they might find that they have bought ing the economy in our state, but by dis- The Chair recognizes the gentleman into a company that has pay practices placing significant safeguards currently pro- from North Carolina. already in place, executive compensa- vided by the crucial role of state securities Mr. MILLER of North Carolina. Mr. tion contracts, golden parachute con- regulators. Congress could enact policies in- Speaker, this amendment will require tracts that really ensures that even if tended to strengthen the economy that have precisely the opposite effect. a disclosure that if there are going to the company does prove to be profit- As North Carolina’s top investor protec- be unregulated solicitations, unregu- able, they won’t get the benefit of the tion official, I urge you not to support H.R. lated advertisements asking for invest- profits. It will all go to the executives 2930 in its current form. I understand the ments in these companies, at the very who are selling them investments, who North American Securities Administrators

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.015 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7295 Association (NASAA), of which I am a mem- is ordered on the bill, as amended, and that they have a very difficult time ber, is already hard at work on a state level on the amendment offered by the gen- raising capital in these very chal- model rule on crowdfunding that would pre- tleman from North Carolina (Mr. MIL- lenging times that we’re in. And over 2 serve a state’s ability to prevent scam art- ists from using crowdfunding offerings as the LER). years into an economic recovery that latest method for ripping off Main Street in- Mr. MCCARTHY of California. Mr. is struggling, America’s labor and cap- vestors. I urge you to remove the state pre- Speaker, I ask unanimous consent that ital markets continue to face unprece- emption section from the bill. the Speaker may postpone further pro- dented challenges. Nearly 14 million Thank you for your attention to this im- ceedings on the amendment offered by Americans remain officially unem- portant matter. Please don’t hesitate to con- Mr. MILLER of North Carolina to H.R. ployed, with an additional 11 million tact me if I may be of any assistance, or if you or your staff have questions regarding 2940 as though under clause 8(a)(1)(A) of underemployed. And small businesses the legislation in question. rule XX. continue to struggle to access capital Sincerely, The SPEAKER pro tempore. Is there despite an endless number of govern- ELAINE F. MARSHALL, objection to the request of the gen- ment initiatives. Secretary of State. tleman from California? The origin of these barriers to capital I yield back the balance of my time. There was no objection. formation rests in two Federal securi- Mr. MCCARTHY of California. Mr. The SPEAKER pro tempore. The ties laws—the Securities Act of 1933 Speaker, I rise to claim the time in op- question is on the amendment offered and the Securities Exchange Act of position. by the gentleman from North Carolina 1934—that have not been substantially The SPEAKER pro tempore. The gen- (Mr. MILLER). updated since a gallon of gasoline cost tleman is recognized for 5 minutes. The question was taken; and the 10 cents and only 31 percent of house- Mr. MCCARTHY of California. Mr. Speaker pro tempore announced that holds owned a telephone. Today, a gal- Speaker, I yield myself such time as I the noes appeared to have it. lon of gas, as we know, costs about 35 may consume. Mr. MILLER of North Carolina. Mr. times more per gallon than it did then, The gentleman from North Carolina’s Speaker, on that I demand the yeas and nearly every American owns a tele- amendment goes against the very pur- and nays. phone. In fact, most people have the pose of this bill. This amendment The yeas and nays were ordered. Internet in their pocket. would force private companies raising The SPEAKER pro tempore. Pursu- So while the comparison of then and capital to actually face stiffer regula- ant to clause 8 of rule XX and the pre- now is nostalgic, the ramifications of tions than public companies regarding vious order of the House, further pro- not modernizing our securities regula- compensation. The Securities and Ex- ceedings on this question will be post- tions have led to registration and re- change Commission doesn’t require poned. porting requirements so onerous and public companies selling to retail in- f costly that small companies have great vestors to put this in their advertising, difficulty raising capital. and even Dodd-Frank did not go this ENTREPRENEUR ACCESS TO For instance, if a startup company far. CAPITAL ACT offers an equity stake to investors With Ms. WATERS’ help, we made sure Mr. MCHENRY. Mr. Speaker, I ask through a medium like Facebook or that this bill specifically targets only unanimous consent that all Members Twitter, it is presumably in violation sophisticated Securities and Exchange have 5 legislative days within which to of SEC regulations for that commu- accredited investors. The SEC has no revise and extend their remarks on nication and offering. However, solic- authority to regulate the compensa- H.R. 2930 and to insert extraneous ma- iting money for one’s favorite charity tion of executives at private compa- terial thereon. or even a political candidate through nies. At a time when the costs and ben- The SPEAKER pro tempore (Mr. the same Internet medium is perfectly efits of regulations are so important, GARRETT). Is there objection to the re- legal. So, clearly, something is not the Miller amendment would fail any- quest of the gentleman from North right. one’s cost benefit analysis. I, therefore, Carolina? Furthermore, high net worth individ- urge my colleagues to reject this There was no objection. uals can invest in businesses before the amendment. The SPEAKER pro tempore. Pursu- average family can. And that small I yield 1 minute to the gentlelady ant to House Resolution 453 and rule business is limited on the amount of from New York, NAN HAYWORTH. Ms. HAYWORTH. Mr. Speaker, I XVIII, the Chair declares the House in equity stakes they can provide inves- would like to add to my colleague’s the Committee of the Whole House on tors and limited in the number of in- comments by noting that shareholders the state of the Union for the consider- vestors they can get. So, clearly, some- in major public corporations, major ation of the bill, H.R. 2930. thing has to be done to open these cap- issuers of public stock have said over b 1545 ital markets to the average investor, and over again that they do not find and that’s what the Entrepreneur Ac- IN THE COMMITTEE OF THE WHOLE that the amount of capital that would cess to Capital Act is all about. Accordingly, the House resolved have to be devoted, the amount of re- It removes the SEC restrictions on itself into the Committee of the Whole sources that would have to be devoted crowdfunding to allow entrepreneurs House on the state of the Union for the to unusual disclosures about executive and small businesses to raise capital compensation beyond what the SEC consideration of the bill (H.R. 2930) to from everyday investors. Already prev- rules already require prior to Dodd- amend the securities laws to provide alent in Europe and Asia, crowdfunding Frank actually make any difference to for registration exemptions for certain has proven that broadening the com- their decisions about investing at all. crowdfunded securities, and for other munication investment capabilities be- So you can certainly expect that ac- purposes, with Mr. BASS of New Hamp- tween investors and entrepreneurs can credited investors who are sophisti- shire in the chair. have a positive impact and a positive cated will not need this kind of addi- The Clerk read the title of the bill. effect on capital formation which is tional burden to be placed on compa- The CHAIR. Pursuant to the rule, the the lifeblood of a strong and growing nies that clearly they want to see bill is considered read the first time. economy. thrive and grow with the precious cap- The gentleman from North Carolina Specifically, my bill will allow com- ital that they have. (Mr. MCHENRY) and the gentleman panies to pool up to $1 million without Mr. MCCARTHY of California. Mr. from Colorado (Mr. PERLMUTTER) each the expense of registering with the SEC Speaker, the purpose of H.R. 2940 is to will control 30 minutes. or up to $2 million if the company pro- help facilitate capital for small busi- The Chair recognizes the gentleman vides investors with audited financial ness. This amendment flies directly in from North Carolina. statements. Individual contributors are the face of that effort. I urge my col- Mr. MCHENRY. Mr. Chairman, I yield limited to $10,000 or 10 percent of the leagues to oppose the amendment. myself such time as I may consume. investor’s annual income, whichever is I yield back the balance of my time. When I’m at home in western North less. The SPEAKER pro tempore. Pursu- Carolina, I hear frequently from my In addition, H.R. 2930 creates a regu- ant to the rule, the previous question constituents, from small businesses, latory structure of investor protection

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.026 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7296 CONGRESSIONAL RECORD — HOUSE November 3, 2011 around this new, innovative form of fi- tember 8th Address to a Joint Session of ment, or other kinds of misdeeds. nancing with substantial intermediary Congress on jobs and the economy, he called Democrats successfully added a provi- requirements or issue requirements if for cutting away the red tape that prevents sion to disqualify bad actors, individ- there is no intermediary. This key many rapidly growing startup companies uals that have been convicted of either mandate for investor protection is why from raising needed capital, including through a ‘‘crowdfunding’’ exemption from State or Federal securities law viola- the bill has received broad bipartisan the requirement to register public securities tions or other financial law violations. support both in the Financial Services offerings with the Securities and Exchange Democrats also requested, and the gen- Committee and from President Obama. Commission. This proposal, which would en- tleman from North Carolina and the This has been crafted both with Re- able greater flexibility in soliciting rel- Republicans agreed, to create a regu- publican and Democrat staffers, get- atively small equity investments, grew out latory framework for the crowdfunding ting input from my colleagues from of the President’s Startup America initiative Web sites that would provide addi- across the aisle at a subcommittee and has been endorsed by the President’s tional disclosures, safeguards, and pro- markup, multiple hearings we’ve had Council on Jobs and Competitiveness. H.R. 2930 is broadly consistent with the Presi- tections for investors who wanted to on the idea of crowdfunding, as well as buy into one of these investments. a full committee markup. And we dent’s proposal. This bill will make it easier for entrepreneurs to raise capital and create We recently had a financial crisis worked together and passed it with a jobs. The Administration looks forward to that we’re still continuing to dig our bipartisan vote coming out of com- continuing to work with the Congress to way out of. There were Ponzi schemes. mittee. This was a collaborative oper- craft legislation that facilitates capital for- Everybody is aware of the Madoff Ponzi ation, and I appreciate my colleagues mation and job growth, and provides appro- scheme and others. We need to have and I appreciate the staff of the Finan- priate investor protections. protections for investors as businesses cial Services Committee as well as the Mr. PERLMUTTER. Mr. Chairman, I seek to form and develop capital. We staff on the Oversight and Government yield myself such time as I may con- thank the gentleman from North Caro- Reform Committee and my sub- sume. lina in working with us to place some committee where we had a number of I thank my friend from North Caro- of those investor protections into this hearings on capital formation, and out lina for bringing this matter to the bill. of that came this idea. floor, for being the sponsor of this bill We know there will be a number of b 1550 and for working with us to make this amendments that are proposed that This is the culmination of months of bill better. will continue to strengthen those in- work. The process began for crafting Now, as Mr. MCHENRY said, this is a vestor protections. We thank the gen- this piece of legislation over the sum- bill that really allows money to be tleman from North Carolina for bring- mer. When the President stood in this raised, investments to be made by peo- ing this bill forward. Hall, in this room just a couple months ple without a lot of money. They are I reserve the balance of my time. ago for his jobs bill, and when he in- investors who are going to make small- Mr. MCHENRY. I thank my colleague cluded in the proposal this idea of er investments but in a large volume. from Colorado for working actively crowdfunding, it was a very positive As my friend said, this isn’t 1933, and with me and with my staff to make thing—not just to have a good idea this isn’t 1934 when those acts were this bill better, as well as my col- that we can pass here in the House, but passed. But still, what we’ve got to re- leagues, Mrs. MALONEY from New York, to have a good idea that has the possi- member is sales can be made on the Ms. WATERS of California, and Mr. AL bility of getting through the Senate, Internet now, or this bill will ask that GREEN. Thank you so much for your where it’s a very challenging time for sales be made of securities on the work in working in a bipartisan way to them to pass legislation at all. And Internet. Originally, it could be on the improve the bill. that way it can make it to the Presi- phone, it could have been by mail, and With that, I would like to yield such dent’s desk and really give entre- it could have been by word of mouth. time as he may consume to the chair- preneurs the opportunity to raise this But what we’ve got to do with this man of the Financial Services Com- capital, to actually create and grow ability to raise money across the Inter- mittee, the gentleman from Alabama jobs. That’s why they need the capital, net is ensure that the proper protec- (Mr. BACHUS). so we can grow jobs, create jobs and tions are put into place so that those Mr. BACHUS. Mr. Chairman, I feel provide more opportunity for our con- who might deceive or defraud or in like I’m having a dream, and in that stituents and folks across this country. some other way mislead investors who dream my colleague, PATRICK We can protect and inspire con- are making these investments can be MCHENRY, has legislation on the floor, fidence in the investor community as policed and the laws can be enforced if, and President Obama has endorsed that well as allow small businesses, those in fact, there is some type of fraudu- legislation. I feel like I ought to wake companies most critical to our econ- lent act. up and find out that that was a dream. omy, to gain the capital needed to ex- Now H.R. 2930 enables small compa- But in reality, it’s actually what’s hap- pand, compete, and thrive. nies and individuals to make use of pening here today. I told Mr. MCHENRY I urge my colleagues to support this Internet-based social networks to raise that I would like unanimous consent to bill that combines both the best of up to $1 million from friends, family, ask that we call this the McHenry- microfinance with the power of and other interested investors. While Obama friendship bill, but I won’t do crowdsourcing and give folks the op- the bill caps both the total level of se- that. portunity—the average, everyday in- curities and the amount investors can Let me say this: The President did vestor—the opportunity to have an eq- invest, Democrats expressed strong issue a statement yesterday, and in uity stake in their favorite company, concerns about the potential harm this that statement, it says that the admin- not just accredited investors and not new market could pose to investors. istration supports House passage of just so-called high net worth individ- Originally, the bill provided few inves- H.R. 2930. It goes on to say, in the uals. That’s the purpose of this legisla- tor protections and no SEC or State President’s September 8 address to the tion. I ask my colleagues to support regulatory oversight. Joint Session of Congress on jobs and this legislation, and I reserve the bal- During the committee markup of the economy, he called for cutting ance of my time. H.R. 2930, Democrats added provisions away redtape that prevents many rap- EXECUTIVE OFFICE OF THE PRESI- requiring crowdfunding. And idly growing startup companies from DENT, OFFICE OF MANAGEMENT ‘‘crowdfunding’’ is a term that really raising needed capital, including AND BUDGET, Washington, DC, November 2, 2011. isn’t seen in our law to date. And what through crowdfunding exemption from STATEMENT OF ADMINISTRATION POLICY it is is the sale of securities, the solici- the requirement to register public se- H.R. 2930—ENTREPRENEUR ACCESS TO CAPITAL tation of investments across the Inter- curities offerings with the Securities ACT net in small amounts. So Democrats and Exchange Commission. He goes on (Rep. McHenry, R–North Carolina, and 5 asked that there be notice given to to say that he believes that this bill cosponsors) State regulators so that they could po- will make it much easier for entre- The Administration supports House pas- lice the activities against wrongful preneurs to raise capital and create sage of H.R. 2930. In the President’s Sep- conduct, deception, fraud, embezzle- jobs. And it will.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.079 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7297 Last night, I was at a Faith & Poli- this bill. But I do appreciate the gen- Mr. MILLER of North Carolina. Yes, tics dinner where our friends, Congress- tleman offering the definition. that has to do with enforcement. But man STENY HOYER and Senator ROY Mr. PERLMUTTER. I thank my the bill prohibits the States from hav- BLUNT, were receiving the John Lewis- friend. ing up-front disclosure requirements so Amo Houghton Award. As we know, One other new term in the bill that that a Secretary of State—who is typi- both those colleagues are bridge build- we ought to have some discussion cally the securities law enforcer in ers. The gentleman at the table next to about is ‘‘intermediary.’’ Intermediary most States—can look at it, require me, and these were people that were in the bill is more or less a custodian of disclosure, look at what the disclosures supporting Faith & Politics, said to funds. Am I correct or not? are, look at what is being offered is me, I appreciate the fact you’re going I yield to my friend. really what is there. Yes, the bill does, to bring a crowdfunding bill to the Mr. MCHENRY. I appreciate the gen- thanks to the gentleman from Colo- floor of the House. And I was somewhat tleman. rado’s good work—— amazed, because a few months ago—I The intention would be that the Mr. MCHENRY. Reclaiming my time, have to admit, I’m not a high techie intermediary is, in essence, the conduit to correct the record, in the State of like the President or Congressman of funds. There’s the notion of the North Carolina, there is no pre-filing MCHENRY—I really didn’t know the dif- broker-dealer, which is well established requirement. In the State of New York, ference between clown funding and in law. What this does is, it’s similar to for instance, they actually have up- crowdfunding before we started talking a broker-dealer; but it is a very low- front filing requirements. about this bill. regulatory, low-cost basis of doing it. Additionally, in this legislation, how I said to him, how do you know about What this is, in essence, is an inter- it is crafted is the SEC would provide this bill? He said, well, I’m an execu- mediary defined as Websters would de- notice of this offering to the States tive with Facebook. And he said many fine an intermediary. And I think once that offering occurs. This is some- companies similar to Facebook, and that’s probably the better way to de- thing that my colleague from New you mentioned this in your earlier scribe it. York (Mrs. MALONEY) crafted in the speech, in other countries they raise Mr. PERLMUTTER. To the degree subcommittee. My staff, as well as the money through crowdfunding. And he that the intermediary exists in this, Financial Services Committee Repub- said they even do it here, but they they will be subject to the enforcement lican staff, worked diligently with the avoid the law. It is a modern thing to principles as we go through the amend- Democrat staff on the Financial Serv- do. It’s like Facebook, it’s like Google, ments. ices Committee as well as Mrs. MALO- and it’s like BlackBerry several years With that, I yield 3 minutes to my NEY’s staff and came up with a three- ago. It’s something that we didn’t other friend from North Carolina (Mr. page amendment, which was adopted know about. But we do now, and we do MILLER). on a bipartisan basis at the com- need to keep our laws current. Mr. MILLER of North Carolina. mittee—I appreciate my colleague I do also close by commending Con- Madam Chair, exempting this funding from New York offering that—and it gressman PERLMUTTER for making this source from SEC regulation is not all has improved the bill. bill a better bill and one that protects this bill does. It also prohibits the Mr. MILLER of North Carolina. If consumers. With this legislation, we’ll States from doing anything. This is not the gentleman will yield, did the gen- move this provision into the 21st cen- a case where the proponents of the bill tleman not get a letter dated Novem- tury and bring it up to date with mod- are saying, let’s not let the Federal ber 3, 2011, from Elaine Marshall saying ern ways to finance businesses. Government do this; let’s let the what you just said isn’t right? States do this. They say, no, the States Mr. MCHENRY. Reclaiming my time, 1600 b can’t touch it at all. I did not receive that letter. My two That will give us an advantage that The people of the various States, Democratic colleagues from North presently is a disadvantage when it using their right to vote, can’t decide Carolina that are on the Financial comes to competing with some of our that in their State they want someone Services Committee did in fact get foreign competition. We certainly want looking at what is being offered to that letter. My colleague MEL WATT—a to level that playing field and create mom-and-pop investors to make sure fantastic member—submitted it for the jobs, and this bill does that. that they’re not getting flim-flammed. record in the Financial Services Com- Mr. PERLMUTTER. Madam Chair, I That is a great deal of the investor pro- mittee. I had neither a letter nor a call yield myself such time as I may con- tections that we’ve had in this country. from my Secretary of State raising sume. It has been done at the State level, and concerns about that. For the record, H.R. 2930 creates a this takes those cops off the beat alto- With that, I would be happy to yield new exemption from registration under gether. such time as he may consume to my the Securities Act of 1933 for what we So if you think that the people of the colleague from New Jersey, the chair- call ‘‘crowdfunding’’ securities. I think States should be able to exercise their man of the Subcommittee on Capital the record should have a definition. own judgment about whether they Markets in Financial Services, Mr. Crowdfunding refers to a technique for want their States looking at what is GARRETT. raising money over the Internet in rel- being offered to mom-and-pop inves- Mr. GARRETT. I thank the gen- atively small amounts from a large tors, you should vote against this bill. tleman from North Carolina for all of number of people. And that’s the ex- Mr. MCHENRY. Madam Chair, I yield his work on this legislation, as well as emption that’s being sought pursuant myself such time as I may consume. the chairman of the full committee, to this bill, a different way to raise I need to correct the record with re- SPENCER BACHUS, for his leadership on money. Would the gentleman agree? gard to what my colleague from North this initiative as well. I yield to my friend from North Caro- Carolina said. What he said is simply To the extent, as with the previous lina. not, in fact, what this bill does. piece of legislation that we had, it goes Mr. MCHENRY. I thank my colleague Furthermore, as we know, securities to the overarching theme I think of for submitting that for the record, the fraud is prosecuted not just at the Fed- today—and also during the last 10 definition. eral level, but by the States as well. months of this time in the House— Now, the intention is that you have That will continue to exist. which is job creation for this country, an Internet portal of sorts, but this Furthermore, if my colleague from what can we do here in the House of could be done on any mass basis. But North Carolina would reach out to my Representatives to facilitate the cre- the disclosures have to be very clear— colleague from Colorado, I’m sup- ation of more jobs. which we specify in the legislation— porting his amendment which pre- And just like with the last piece of and we’ve given the SEC the ability to serves the States’ rights of action. legislation, what we can do is help specify additional pieces. I have a tech- Mr. MILLER of North Carolina. Will businesses, both small and large, to ob- nical amendment to clarify what the the gentleman yield? tain additional capital, capital being at Securities and Exchange Commission Mr. MCHENRY. I yield to the gen- the heart of the ability of a small busi- staff thinks is very important to add to tleman. ness to go out, to expand, to grow, to

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And I ap- tional provisions for safety and sound- erally applicable. It goes back to what preciate my colleague yielding. ness to it. I said before: If you’re going to get in- The intent is, if you’re going to raise It allows for equity financing, in volved in this, make sure that you un- $50,000 from 5,000 people, it has to be a which investors can purchase owner- derstand it. And that’s one of the ques- low-cost basis of doing that; and the ship stakes in the company in ex- tions. B, risk of liquidity. If you’re traditional broker-dealer model is not change for basically stock or shares in talking about a startup company as op- efficient at those lower cost basis fund- those companies to grow in a future di- posed to something that’s traded on raising opportunities or equity-raising rection, to grow larger and what have one of the exchanges, there’s not a lot opportunities. you. And it allows the companies to ob- of liquidity out there, generally speak- Mr. GARRETT. Part of the other tain those funds without having to ing. problem is that you may not find the interest actually by the broker-dealers repay specific amounts at any par- b 1610 if you’re talking about a $25,000 or ticular time. What does that mean? That means there’s not a lot of folks $50,000 or $100,000 enterprise. That means it enables the company Is that another reason why you went today to obtain that capital today to out there who are trading these shares on a daily or hourly basis. So you have this way? expand the company and hire new em- to understand that there is going to be Mr. MCHENRY. Yes. The idea is that, ployees. a restriction on liquidity in this mar- with the traditional broker-dealers, Now, through the efforts of the gen- they’re not in this market. So our in- tleman from North Carolina, what they ketplace. And, C, such areas as the SEC may tent with these low-dollar issuances, did, in a bipartisan manner, was to add determine appropriate, so broad au- that has not been a traditional part of additional—what do you want to call thority there. the action on Wall Street, not in the it, protections, I guess, it will—and Sixth out of seventh I’m going to modern era, and so we’re trying to which was part of the discussion I touch upon, and maybe this is the carve out this opportunity for small think we had in committee at the time. point that the gentleman was just ref- business folks. And that was a good discussion there. erencing in some respects, the out- Mr. GARRETT. Before you leave, We had the markup in the committee sourcing of cash-managing functions to tied to this is another one of the two to allow for some of these discussions; a qualified third-party custodian. And I last points I was going to raise, which and I know it went further, after the think the gentleman referenced tradi- perhaps you would like to illuminate hearing and eventually with markup, tional broker-dealers, but actually this on. The bill also requires that the inter- to achieve this. goes into a slightly different caveat mediaries state a target amount that I think it’s important—I’m just going from that which, I think, is actually you’re raising. You just said perhaps to spend a minute—I know you touched the appropriate manner; otherwise, $50,000; right? And one of the require- on some of these, but I want to take a what you may be doing with all these ments under it, as I understand it, is minute or two to run through what the restrictions being good, you don’t want that you would have to withhold the additional protections are that we are to get too restrictive in this and too capital formation proceeds, the money providing for investors, in no par- costly. If you did do that, then you that you collect, the capital, until you ticular order—well, maybe they are, may end up making this just as dif- hit a percentage of or that target actually. They are in the order of page ficult as if you were in some other eight and nine of the bill, but in front amount. Is that correct? framework. Mr. MCHENRY. Correct. of me here, first: Warning investors of Mr. MCHENRY. Will the gentleman the speculative nature generally appli- Mr. GARRETT. The point of that is, yield? again, what? Basically investor protec- cable to investment in startups—and Mr. GARRETT. I yield to the gen- that’s what we’re talking about here, tion here. What you don’t want to have tleman from North Carolina. happen, I guess, is: Say I’m going to go they’re startups. And if you’re going to Mr. MCHENRY. I thank my colleague out into the marketplace and start invest in a startup, it’s not a sure for yielding. thing, it is speculative. So those warn- This is a very important point of dis- raising money, and as soon as the cash ings are there. tinction here. These intermediaries are starts coming in I can start using it right away, even though I was intend- Secondly, warning investors that not broker-dealers. That is neither the ing to raise $200,000, but I’m going to they are subject to the restrictions on intent on either side of the aisle. That start using it right away. Those pro- sale requirements. What that basically is not the description of it. These inter- ceeds may not go to the point where means is that if you’re investing in mediaries are there to have a low-cost this today, don’t expect necessarily you intended. conduit for capital formation and a I see the gentleman from Colorado is that you can just take your money out means to do that. That is the inten- tomorrow, but that there may be re- nodding his head. Is that your under- tion. standing? Is that the reason why this strictions as to when you can take out And all the protections outlined in was included in here? your money. But that’s necessary, as I the bill on these intermediaries, on Mr. PERLMUTTER. The answer is said before, so that the business can how they are to operate, are there to yes, if my friend from New Jersey is have that capital to grow. So it’s rea- enable it to be both low-cost but also yielding to me for a second. sonable. preserve individuals’ capital and make Mr. GARRETT. Well, I will very Thirdly, taking reasonable measures sure their investment’s appropriately briefly. I understand that I’ve gone to reduce the risk of fraud with respect taken care of. over the time that I was supposed to be to such transactions—again, a reason- Mr. GARRETT. One of the reasons speaking. able measure. that you do that is because we are Mr. PERLMUTTER. I will reserve my Fourthly, providing the SEC, the Se- talking about small companies, compa- comments for my time. curities and Exchange Commission, nies that may be creative artists start- Mr. GARRETT. With that, I rise in with continuous investor-level access ing up a business, a nonprofit starting complete support of this legislation. to the issuer’s Web site. Why? Because up a business, a small entrepreneur, so Mr. PERLMUTTER. I would like to we want to make sure that that infor- you’re talking about small folks, small ask the Chair what time each side has mation that is being conveyed to businesses. You’re talking about busi- remaining. whom—the investors in this—is the nesses under $1 million. The Acting CHAIR (Mrs. MILLER of same information that the SEC has. A If you were talking about what we Michigan). The gentleman from Colo- good provision. read about in The Wall Street Journal, rado has 23 minutes remaining. The

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gentleman from North Carolina has 91⁄2 So today we will have greater trans- to engage in crowdfunding. The SEC minutes remaining. parency. We will have small businesses must then make that notice available Mr. PERLMUTTER. I yield myself in a position such that they can use to the State’s securities regulators. such time as I may consume. this thing called crowdfunding to fund And with that knowledge, the States The gentleman from New Jersey just their efforts. And also, we give persons can ensure and better protect inves- brought something up. My friend from who cannot invest in a large way an tors, and it’s strengthening, really, in- North Carolina is correct, and I mis- opportunity to invest in a small way vestor protection and, really, enforce- stated it. The intermediary is more or and hopefully enter into the capital ment. less the platform, the conduit. But one markets for equity purposes. The Acting CHAIR. The time of the of its responsibilities, and this is found Mr. MCHENRY. Madam Chair, I re- gentlewoman has expired. in 4A, section 10, is to outsource the serve the balance of my time. Mr. PERLMUTTER. I yield 1 addi- cash management responsibilities to Mr. PERLMUTTER. I yield 3 minutes tional minute to the gentlelady. qualified third-party custodians such to the Congresswoman from New York Mrs. MALONEY. The manager’s as broker-dealers or insured depository (Mrs. MALONEY). amendment agreed to in the committee institutions, which was a concern that Mrs. MALONEY. I thank the gen- will empower the SEC with additional we were all—we all had during the tleman for yielding and for his out- safeguards to make crowdfunding safer committee hearing is, ‘‘Okay. Who’s standing work on this bill and so many for investors. It was literally a joint holding the money? Can they be trust- others. Democratic and Republican amend- ed? Will they release the money at the I, first of all, want to thank Ranking ment, and I am very glad we were able right time?’’ which was what the gen- Member WATERS and Ranking Member to work together to make this a better tleman from New Jersey was just talk- FRANK for their hard work on this bill, bill. ing about. and to commend Ranking Member I’m really happy about this bill be- cause New York is a center for So I thank my friend from North FRANK for his outstanding leadership Carolina for reminding me of that sec- on the Dodd-Frank regulatory reform innovators, and many people come tion. Again, it’s another piece of inves- bill. from all around the world to build tor protection and a good idea that I also applaud the leadership of their ideas. And this bill will help them helps with capital formation. Again, Chairman BACHUS and Chairman GAR- do it. It was done in a joint effort. And I we’re trying to blend these two con- RETT and my colleague Mr. MCHENRY hope that my friends on the other side cepts. from the great State of North Carolina of the aisle will join us in passing the I would like to yield 3 minutes to the for his work on this really new idea in American Jobs Act, which will also put gentleman from Texas (Mr. AL GREEN). capital formation, and for working so Americans to work and help grow our Mr. AL GREEN of Texas. Thank you, well and being so open to Democratic economy. Mr. PERLMUTTER, and I thank Mr. ideas and working in a very profes- We are not going to cut our way to MCHENRY. sional way with the Democratic staff prosperity. We need to invest in I rise in support of H.R. 2930, the En- and Members’ staffs and Members and growth. The American Jobs Act invests trepreneur Access to Capital Act. literally, in some form or another, ac- in our infrastructure, in our workers, I’m standing where I’m standing be- cepting every Democratic amendment, in innovation. It helps build the Amer- cause I’m honored to celebrate the bi- which I think is a first. So we are ican Dream. So I hope my colleagues partisanship associated with this act. grateful for that. will join with us in passing that impor- For those who are at home who may Crowdfunding is a way for small not be able to see and understand, nor- tant bill, too. startups to raise capital through the I urge my colleagues to support this mally I would be standing to my right; Internet. Investors use these Web sites but I do unconventional things, and I bill. to come together, and on the Internet Mr. MCHENRY. I yield myself 20 sec- think it’s appropriate today to stand they are able to raise lower dollar onds. where I’m standing. amounts to help enterprises get off the I thank my colleague from New York Mr. MCHENRY, I’d like to thank you ground. for improving this legislation and her for the spirit that you have shown as Crowdfunding is a new way of raising staff for working so diligently with my we have tried to make this a better capital. It’s a new idea, and it helps staff and the staff on the committees bill. I’d also like to echo these same ex- small businesses. In this time of eco- as well. Very wonderful and construc- pressions of appreciation to Mr. BACH- nomic hardship, we have repeatedly tive process. US. I think that Mrs. MALONEY merits heard from our constituents about the I think this is a better bill, and I an expression of appreciation as well. need to help small businesses. We have hope the Senate can take it up and And I especially, notwithstanding all of heard from small businesses about the pass it and send it to the President. the other persons that I’ve had a need to have more liquidity and more I reserve the balance of my time. chance to thank, including the ranking loans. Mr. PERLMUTTER. Madam Chair, I member, but I do want to thank the yield myself such time as I may con- b 1620 staffs who worked with us because they sume. did outstanding work. We really need to make sure that I would like to thank my friend from Mr. GRIMM and I were able to craft a America’s innovators and entre- North Carolina for bringing this bill bipartisan amendment that would aid preneurs and researchers have the re- forward. and assist in the effort that Mr. PERL- sources necessary to drive economic re- It is a good idea. It allows for invest- MUTTER has called to our attention, covery and to turn their ideas into the ments to be made in smaller amounts making sure that the persons who han- reality of a company that will create by more people using mass kinds of so- dle the dollars, that these persons are jobs and grow our economy. licitations through the Internet, not persons who have been convicted of By passing this bill, we will make it through some other vehicle that we either State securities fraud or Federal easier to provide different avenues for may not know of at this point. And securities fraud. And this amendment startups and smaller businesses to ac- that is a good step. And as we’ve gone would require that the SEC construct cess the capital they need to move our through the process, we’ve built it into appropriate measures, regulation or economy forward, and it will not only a better bill by adding in investor pro- rule, to prevent these persons from help small businesses raise capital, but tections because this is something handling the money, if you will. thanks to the changes and amendments where people could be misled. There And I’m honored to say that, with we agreed upon in committee, it con- could be misrepresentations, and there this amendment, I find this bill much tains much stronger investor protec- has to be some penalty for that. As the better than it was initially. But I also tions as well. amendment process goes forward have to say that Mr. MCHENRY never During the committee markup, I of- today, we will build those amendments rejected the bill, the amendment, and fered an amendment that was accepted into this. I’m grateful that it has worked out to which will require the issuers to pro- Now, having said all of that, having the extent that it has. vide notice to the SEC that they intend listened to the description of the bill

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.084 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7300 CONGRESSIONAL RECORD — HOUSE November 3, 2011 that preceded us about making it easi- stakes in their business or their busi- securities, and for other purposes. This bill re- er to sell securities, sell investments, ness idea, to grow their business or cre- duces the regulatory burdens on capital forma- sell deals to accredited investors, ate a new business. That’s really what tion by small businesses and addresses regu- that’s a nice step, too. Again, we need this is about. lations on crowdfunding. to have investor protection restrictions The legislation we have here on the The concept of crowdfunding focuses on in there just to make sure people don’t floor today—I know to some of my col- collective cooperation where investors try to get defrauded. We just suffered through leagues, as some people talk about, the get funding publicly instead of from personal that in 2008 with the likes of Madoff Internet is just a series of tubes, or contacts. The network is large, and many in- and Stanford and a number of other they refer to the Internet as the vestors are often found through the Internet. It fraudsters, con artists. We want to ‘‘Internets’’ or something like that. is a valuable tool for startups and other fledg- minimize that if we can as we try to But we understand and my colleagues ling businesses. As I have said time and time make capital available to businesses to understand that the Internet can be again, startups are the lifeblood of our econ- grow. used in a positive way, in an absolutely omy and American innovation. They provide Now, let’s not make any mistake positive way. necessary jobs, especially in this sluggish here. These are nice steps, but they’re With a Web site like eBay, you have market. not going to put a lot of people back to individuals exchanging goods that This bill provides a crowdfunding exemption work. don’t know each other. But they can to the Securities and Exchange Commission (SEC) registration requirements for firms rais- My friend, Mr. MCHENRY, described tell their reputation. And they can ex- the President speaking in this very change these goods and get quality ing up to $5 million, with individual invest- ments limited to $10,000 or 10 percent of an Chamber about this bill, but what he goods for a quality price. And you have investor’s income. As per the exemption, limits was really talking about was the Amer- a lot of choices. We want to take that are removed on the number of investors until ican Jobs Act. And the American Jobs idea and give investors that same idea. the first $5 million of capital is raised. This ex- Act is what this body needs to pass as We have crowdfunding Web sites in emption provides smaller investors the chance well. We need to keep teachers on the the United States today. They help to support startups, which is currently not an job. We need to keep firefighters on the raise money for musicians or artists. option under SEC regulation. There is a cur- job. We need to put construction work- And what the artists do is say, ‘‘You rent 499-shareholder cap for private compa- ers back on the job. know, if you invest in my ability to go nies. The bill excludes crowdfunding investors There were complaints about the into the studio and record an album,’’ from the cap for private companies and re- United States Senate slowing things or whatever they call it, ‘‘I’ll give you moves the ban on general solicitation that ex- down, blocking things. Well, today, the the first download, or I’ll give you the ists in many current exemptions. United States Senate, the Republicans first CD.’’ I support this bill because its purpose is to in the United States Senate, blocked b 1630 ease the regulations that implement stipula- rebuilding the infrastructure of this tions on garnering investors and capital. It is So you have folks pony up $50 or $25 country—the roads, the bridges, the en- a measure fledgling small businesses benefit for their favorite banks. You have folks ergy system, the sewer systems, the from. Also it should limit fraud and promote basic things that this country needs who are raising money—folks who have the jobs America needs. which would put thousands and thou- a bakery—and they say, If you con- Without access to initial investors and cap- sands of construction workers back on tribute a few bucks, you’ll get six ital, Houston native Michael Dell would not the job. whoopie pies. have been able to start one of the most suc- So it would be jobs today, invest- People have innovative ways of doing cessful computer retail businesses in the ments for a long time for this country. this. We’re giving them the power, the world. His $1,000 dollar primary investment in We need to keep those teachers on opportunity; and we’re relieving this the 1980s allowed Dell Computers to become the job. We need to put our veterans, as Federal restriction that currently pre- a household name. Without this capital, Amer- they come home from Iraq and from vents them from having equity stakes ica would not have had one of its premier Afghanistan, we need to make sure in their favorite businesses, in their fa- innovators. they have a job. That’s part of the Jobs vorite ideas—their local coffee shops or The economic impact of this legislation is Act. That’s what needs to be done their bakeries, their favorite bands or encouraging. Businesses require investors and today. This is a good step in capital even the next Facebook. These are the capital in order to expand and flourish. When formation. But it isn’t putting people opportunities that we’re going to be businesses are presented with this oppor- to work right away. That’s what this able to give investors. tunity, jobs are created that in turn, will stimu- Nation needs. We have fraud protection in this leg- late economic growth. Dell’s headquarters This Jobs Act that the President pro- islation, language which has been alone employs roughly 16,000 people. posed when he talked about crafted in a bipartisan way. It’s a I urge my colleagues to join me in sup- crowdfunding, as we have been in this strong improvement to the bill, and I porting H.R. 2930, ‘‘Entrepreneur Access to bill, what he was here for was to get look forward to a bipartisan vote. I am Capital Act,’’ this will ease SEC restrictions in the Jobs Act, to get these tax credits very hopeful it will make its way in- order to stimulate innovation, and promote passed that would help our veterans tact through the Senate and make its regulations that open up the sphere for get to work, to get our infrastructure way to the President’s desk where he startups that would not have the opportunity to rebuilt, to rebuild our schools and to can sign it. That way, we can allow en- succeed without a wide network of investors. keep teachers on the job. That’s what trepreneurs and innovators that oppor- This, in turn, promotes economic recovery and this Nation needs. That’s what this Na- tunity. job creation. tion wants. That’s what our people ex- We take the best of micro-finance The Acting CHAIR. All time for gen- pect. and the best of crowdsourcing and com- eral debate has expired. Pursuant to the rule, the amendment So I thank my friend from North bine them in this legislation, and it’s a in the nature of a substitute printed in Carolina for bringing this bill forward. positive thing. We can work together the bill shall be considered as an origi- It’s a good idea. He’s been willing to on important matters of creating nal bill for the purpose of amendment work with us to make it a better idea, jobs—and we have—and this is a first under the 5-minute rule and shall be and we thank him. We also ask him step. I certainly appreciate my col- league’s willingness to work to im- considered read. and his colleagues on the Republican The text of the committee amend- prove the bill and to bring us to this side of the aisle to pass this Jobs Act ment in the nature of a substitute is as day. today. America needs it today. follows: With that, I yield back the balance of With that, I yield back the balance of H.R. 2930 my time. my time. Be it enacted by the Senate and House of Rep- Mr. MCHENRY. Madam Chair, I yield Ms. JACKSON LEE of Texas. Madam resentatives of the United States of America in myself the balance of my time. Chair, I rise today in support of H.R. 2930, Congress assembled, The Entrepreneur Access to Capital ‘‘Entrepreneur Access to Capital Act’’ to SECTION 1. SHORT TITLE. Act is about giving entrepreneurs the amend the securities laws to provide for reg- This Act may be cited as the ‘‘Entrepreneur power to raise money, to raise equity istration exemptions for certain crowdfunded Access to Capital Act’’.

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 6333 E:\CR\FM\K03NO7.086 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7301 SEC. 2. CROWDFUNDING EXEMPTION. ‘‘(12) makes available on the intermediary’s raising capital through methods not described (a) SECURITIES ACT OF 1933.—Section 4 of the website a method of communication that permits under section 4(6).’’. Securities Act of 1933 (15 U.S.C. 77d) is amended the issuer and investors to communicate with (c) RULEMAKING.—Not later than 90 days after by adding at the end the following: one another; and the date of the enactment of this Act, the Secu- ‘‘(6) transactions involving the issuance of se- ‘‘(13) does not offer investment advice. rities and Exchange Commission shall issue such curities for which— ‘‘(b) REQUIREMENTS ON ISSUERS IF NO INTER- rules as may be necessary to carry out section ‘‘(A) the aggregate annual amount raised MEDIARY.—For purposes of section 4(6), an 4A of the Securities Act of 1933. In issuing such through the issue of the securities is— issuer who offers securities without an inter- rules, the Commission shall carry out the cost- ‘‘(i) $1,000,000 or less; or mediary shall comply with the requirements of benefit analysis required under section 2(b) of ‘‘(ii) if the issuer provides potential investors this subsection if the issuer— such Act. with audited financial statements, $2,000,000 or ‘‘(1) warns investors, including on the issuer’s (d) DISQUALIFICATION.—Not later than 90 less; website, of the speculative nature generally ap- days after the date of the enactment of this Act, ‘‘(B) individual investments in the securities plicable to investments in startups, emerging the Securities and Exchange Commission shall are limited to an aggregate annual amount businesses, and small issuers, including risks in by rule or regulation establish disqualification equal to the lesser of— the secondary market related to illiquidity; provisions under which a person shall not be eli- ‘‘(i) $10,000; and ‘‘(2) warns investors that they are subject to gible to utilize the exemption under section 4(6) ‘‘(ii) 10 percent of the investor’s annual in- the restriction on sales requirement described of the Securities Act of 1933 or to participate in come; under subsection (e); the affairs of an intermediary facilitating the ‘‘(C) in the case of a transaction involving an ‘‘(3) takes reasonable measures to reduce the use of that exemption. Such provisions shall be intermediary between the issuer and the inves- risk of fraud with respect to such transaction; substantially similar to the disqualification pro- tor, such intermediary complies with the re- ‘‘(4) provides the Commission with the issuer’s visions contained in the regulations adopted in quirements under section 4A(a); and physical address, website address, and the accordance with section 926 of the Dodd-Frank ‘‘(D) in the case of a transaction not involving names of the principals and employees of the Wall Street Reform and Consumer Protection an intermediary between the issuer and the in- issuers, and keeps such information up-to-date; Act (15 U.S.C. 77d note). vestor, the issuer complies with the requirements ‘‘(5) provides the Commission with continuous under section 4A(b).’’. SEC. 3. EXCLUSION OF CROWDFUNDING INVES- investor-level access to the issuer’s website; TORS FROM SHAREHOLDER CAP. (b) REQUIREMENTS TO QUALIFY FOR ‘‘(6) requires each potential investor to answer CROWDFUNDING EXEMPTION.—The Securities Act Section 12(g)(5) of the Securities Exchange Act questions demonstrating competency in— of 1934 (15 U.S.C. 78l(g)(5)) is amended— of 1933 is amended by inserting after section 4 ‘‘(A) recognition of the level of risk generally the following: (1) by striking ‘‘(5) For the purposes’’ and in- applicable to investments in startups, emerging serting: ‘‘SEC. 4A. REQUIREMENTS WITH RESPECT TO businesses, and small issuers; EFINITIONS CERTAIN SMALL TRANSACTIONS. ‘‘(5) D .— ‘‘(B) risk of illiquidity; and ‘‘(A) IN GENERAL.—For the purposes’’; and ‘‘(a) REQUIREMENTS ON INTERMEDIARIES.—For ‘‘(C) such other areas as the Commission may (2) by adding at the end the following: purposes of section 4(6), a person acting as an determine appropriate; ‘‘(B) EXCLUSION FOR PERSONS HOLDING CER- intermediary in a transaction involving the ‘‘(7) states a target offering amount and with- TAIN SECURITIES.—For purposes of this sub- issuance of securities shall comply with the re- holds capital formation proceeds until the ag- section, the term ‘held of record’ shall not in- quirements of this subsection if the inter- gregate capital raised from investors other than clude holders of securities issued pursuant to mediary— the issuer is no less than 60 percent of the target transactions described under section 4(6) of the ‘‘(1) warns investors, including on the offering amount; Securities Act of 1933.’’. intermediary’s website, of the speculative nature ‘‘(8) provides the Commission with basic notice SEC. 4. PREEMPTION OF STATE LAW. generally applicable to investments in startups, of the offering, not later than the first day emerging businesses, and small issuers, includ- Section 18(b)(4) of the Securities Act of 1933 funds are solicited from potential investors, in- (15 U.S.C. 77r(b)(4)) is amended— ing risks in the secondary market related to cluding— illiquidity; (1) by redesignating subparagraphs (C) and ‘‘(A) the stated purpose and intended use of (D) as subparagraphs (D) and (E), respectively; ‘‘(2) warns investors that they are subject to the capital formation funds sought by the the restriction on sales requirement described and issuer; and (2) by inserting after subparagraph (B) the under subsection (e); ‘‘(B) the target offering amount; ‘‘(3) takes reasonable measures to reduce the following: ‘‘(9) outsources cash-management functions to ‘‘(C) section 4(6);’’. risk of fraud with respect to such transaction; a qualified third party custodian, such as a tra- ‘‘(4) provides the Commission with the ditional broker or dealer or insured depository The Acting CHAIR. No amendment intermediary’s physical address, website ad- institution; to the committee amendment is in dress, and the names of the intermediary and ‘‘(10) maintains such books and records as the order except those printed in part A of employees of the person, and keep such informa- Commission determines appropriate; House Report 112–265. Each such tion up-to-date; ‘‘(11) makes available on the issuer’s website a ‘‘(5) provides the Commission with continuous amendment may be offered only in the method of communication that permits the investor-level access to the intermediary’s order printed in the report, by a Mem- issuer and investors to communicate with one website; ber designated in the report, shall be ‘‘(6) requires each potential investor to answer another; ‘‘(12) does not offer investment advice; and considered read, shall be debatable for questions demonstrating competency in— ‘‘(13) discloses to potential investors, on the the time specified in the report equally ‘‘(A) recognition of the level of risk generally divided and controlled by the pro- applicable to investments in startups, emerging issuer’s website, that the issuer has an interest businesses, and small issuers; in the issuance. ponent and an opponent, shall not be ‘‘(B) risk of illiquidity; and ‘‘(c) VERIFICATION OF INCOME.—For purposes subject to amendment, and shall not be ‘‘(C) such other areas as the Commission may of section 4(6), an issuer or intermediary may subject to a demand for division of the determine appropriate; rely on certifications provided by an investor to question. verify the investor’s income. ‘‘(7) requires the issuer to state a target offer- AMENDMENT NO. 1 OFFERED BY MR. MCHENRY ing amount and withhold capital formation pro- ‘‘(d) INFORMATION AVAILABLE TO STATES.— ceeds until aggregate capital raised from inves- The Commission shall make the notices de- The Acting CHAIR. It is now in order tors other than the issuer is no less than 60 per- scribed under subsections (a)(9) and (b)(8) and to consider amendment No. 1 printed in cent of the target offering amount; the information described under subsections part A of House Report 112–265. ‘‘(8) carries out a background check on the (a)(4) and (b)(4) available to the States. Mr. MCHENRY. Madam Chair, I have issuer’s principals; ‘‘(e) RESTRICTION ON SALES.—With respect to an amendment at the desk. ‘‘(9) provides the Commission with basic notice a transaction involving the issuance of securi- The Acting CHAIR. The Clerk will of the offering, not later than the first day ties described under section 4(6), an investor designate the amendment. may not sell such securities during the 1-year funds are solicited from potential investors, in- The text of the amendment is as fol- cluding— period beginning on the date of purchase, unless ‘‘(A) the issuer’s name, legal status, physical such securities are sold to— lows: address, and website address; ‘‘(1) the issuer of such securities; or Page 5, line 5, strike ‘‘issuance’’ and insert ‘‘(B) the names of the issuer’s principals; ‘‘(2) an accredited investor. ‘‘offer or sale’’. ‘‘(C) the stated purpose and intended use of ‘‘(f) CONSTRUCTION.— Page 5, line 6, strike ‘‘for which’’ and in- the capital formation funds sought by the ‘‘(1) NO TREATMENT AS BROKER.—With respect sert ‘‘by an issuer, provided that’’. issuer; and to a transaction described under section 4(6) in- Page 5, beginning on line 7, strike ‘‘annual ‘‘(D) the target offering amount; volving an intermediary, such intermediary amount raised through the issue of the secu- ‘‘(10) outsources cash-management functions shall not be treated as a broker under the secu- rities’’ and insert ‘‘amount sold within the to a qualified third party custodian, such as a rities laws solely by reason of participation in previous 12-month period in reliance upon traditional broker or dealer or insured deposi- such transaction. this exemption’’. tory institution; ‘‘(2) NO PRECLUSION OF OTHER CAPITAL RAIS- Page 5, beginning on line 13, strike ‘‘indi- ‘‘(11) maintains such books and records as the ING.—Nothing in this section or section 4(6) vidual investments in the securities are lim- Commission determines appropriate; shall be construed as preventing an issuer from ited to an aggregate annual amount equal

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.017 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7302 CONGRESSIONAL RECORD — HOUSE November 3, 2011 to’’ and insert ‘‘the aggregate amount sold Page 10, line 22, strike ‘‘provided by an in- I appreciate the SEC staff lending to any investor in reliance on this exemption vestor’’ and insert ‘‘as to annual income pro- their technical expertise to this within the previous 12-month period does not vided by the person to whom the securities amendment, and I appreciate the bipar- exceed’’. are sold’’. tisan effort from both the majority and Page 5, line 17, strike ‘‘the’’ and insert Page 11, line 1, strike ‘‘(a)(9) and (b)(8)’’ ‘‘such’’. and insert ‘‘(a)(9), (a)(13), (b)(8), and (b)(13)’’. minority committee staffs to further Page 6, line 8, strike ‘‘issuance’’ and insert Page 11, line 5, strike ‘‘an investor may not improve the final bill. ‘‘offer or sale’’. sell’’ and insert ‘‘a purchaser may not trans- With that, I yield back the balance of Page 6, line 12, after ‘‘website’’ insert fer’’. my time. ‘‘used for the offer and sale of such securi- Page 11, strike lines 11 through 15 and in- The Acting CHAIR. The question is ties’’. sert the following: on the amendment offered by the gen- Page 6, line 24, strike ‘‘person’’ and insert ‘‘(1) NO REGISTRATION AS BROKER.—With re- tleman from North Carolina (Mr. ‘‘intermediary’’. spect to a transaction described under sec- tion 4(6) involving an intermediary, such MCHENRY). Page 7, line 4, strike ‘‘competency in’’. The amendment was agreed to. Page 7, line 5, strike ‘‘recognition’’ and in- intermediary shall not be required to reg- AMENDMENT NO. 2 OFFERED BY MR. FINCHER sert ‘‘an understanding’’. ister as a broker under section 15(a)(1) of the Page 7, line 8, before ‘‘risk’’ insert ‘‘an un- Securities Exchange Act of 1934 solely by The Acting CHAIR. It is now in order derstanding of the’’. reason of participation in such trans- to consider amendment No. 2 printed in Page 7, line 10, before the semicolon insert action.’’. part A of House Report 112–265. ‘‘by rule or regulation’’. Page 11, line 21, strike ‘‘90’’ and insert Mr. FINCHER. Madam Chairman, I Page 7, strike lines 11 through 15 and insert ‘‘180’’. have an amendment at the desk. Page 12, beginning on line 1, strike ‘‘carry the following: The Acting CHAIR. The Clerk will ‘‘(7) requires the issuer to state a target of- out the cost-benefit analysis required under section 2(b) of such Act’’ and insert ‘‘con- designate the amendment. fering amount and a deadline to reach the The text of the amendment is as fol- target offering amount and ensure the third sider the costs and benefits of the action’’. Page 12, line 3, strike ‘‘90’’ and insert lows: party custodian described under paragraph ‘‘180’’. (10) withholds offering proceeds until aggre- Page 5, line 9, insert after ‘‘$1,000,000’’ the Page 12, line 6, strike ‘‘a person’’ and insert following: ‘‘, as such amount is adjusted by gate capital raised from investors other than ‘‘an issuer’’. the issuer is no less than 60 percent of the the Commission to reflect the annual change Page 12, beginning on line 8, strike ‘‘or to in the Consumer Price Index for All Urban target offering amount;’’. participate in the affairs of an intermediary Page 7, line 18, strike ‘‘with basic’’ and in- Consumers published by the Bureau of Labor facilitating the use of that exemption.’’ and Statistics,’’. sert ‘‘and potential investors with’’. insert ‘‘based on the disciplinary history of Page 7, beginning on line 19, strike ‘‘funds Page 5, line 12, insert after ‘‘$2,000,000’’ the the issuer or its predecessors, affiliates, offi- following: ‘‘, as such amount is adjusted by are solicited from’’ and insert ‘‘securities are cers, directors, or persons fulfilling similar offered to’’. the Commission to reflect the annual change roles. The Commission shall also establish in the Consumer Price Index for All Urban Page 8, line 2, strike ‘‘capital formation disqualification provisions under which an funds’’ and insert ‘‘proceeds of the offering’’. Consumers published by the Bureau of Labor intermediary shall not be eligible to act as Statistics,’’. Page 8, line 4, before the semicolon insert an intermediary in connection with an offer- ‘‘and the deadline to reach the target offer- ing utilizing the exemption under section The Acting CHAIR. Pursuant to ing amount’’. 4(6) of the Securities Act of 1933 based on the House Resolution 453, the gentleman Page 8, beginning on line 6, strike ‘‘tradi- disciplinary history of the intermediary or from Tennessee (Mr. FINCHER) and a tional broker or dealer or’’ and insert its predecessors, affiliates, officers, direc- Member opposed each will control 5 ‘‘broker or dealer registered under section tors, or persons fulfilling similar roles.’’. minutes. 15(b)(1) of the Securities Exchange Act of Page 13, beginning on line 1, strike ‘‘the The Chair recognizes the gentleman 1934 or an’’. term ‘held of record’ shall not include hold- Page 8, line 13, strike ‘‘and’’ and insert from Tennessee. ers of securities issued pursuant to trans- Mr. FINCHER. I want to thank my after such line the following: actions described under section 4(6) of the ‘‘(13) provides the Commission with a no- Securities Act of 1933.’’ and insert ‘‘securi- colleague from North Carolina (Mr. tice upon completion of the offering, which ties held by persons who purchase such secu- MCHENRY) for his great work on this shall include the aggregate offering amount rities in transactions described under section bill and for trying to put the focus on and the number of purchasers; and’’. 4(6) of the Securities Act of 1933 shall not be creating jobs. It’s not often so many Page 8, line 14, strike ‘‘(13)’’ and insert deemed to be ‘held of record’.’’. times what we do but what we can ‘‘(14)’’. The Acting CHAIR. Pursuant to undo up here in Washington that will Page 8, line 17, before ‘‘securities’’ insert House Resolution 453, the gentleman ‘‘or sells’’. let the private sector get back in the Page 9, line 13, strike ‘‘competency in’’. from North Carolina (Mr. MCHENRY) business of creating jobs. Page 9, line 14, strike ‘‘recognition’’ and and a Member opposed each will con- Madam Chairman, the amendment I insert ‘‘an understanding’’. trol 5 minutes. am offering with my colleague from Page 9, line 17, before ‘‘risk’’ insert ‘‘an un- The Chair recognizes the gentleman California (Mr. SHERMAN) would simply derstanding of the’’. from North Carolina. adjust for inflation the $1 million and Page 9, line 19, before the semicolon insert Mr. MCHENRY. This is primarily a $2 million caps in the underlying bill. ‘‘by rule or regulation’’. technical amendment based on post- This will ensure investment opportuni- Page 9, beginning on line 20, strike ‘‘with- markup feedback from the staff of the ties today are just as strong tomorrow. holds capital formation’’ and insert ‘‘ensures Securities and Exchange Commission. that the third party custodian described As the real value of money decreases under paragraph (9) withholds offering’’. The final language has been negotiated over time, small-contribution investors Page 10, line 1, strike ‘‘basic’’. between my staff and the majority and may be discouraged from supporting Page 10, beginning on line 2, strike ‘‘funds minority staffs of the Financial Serv- start-up companies in the future due to are solicited from’’ and insert ‘‘securities are ices Committee. the diminishing buying power of their offered to’’. The more substantive changes made original investments. By indexing the Page 10, line 5, strike ‘‘capital formation to this amendment include: requiring caps in the bill to reflect the annual funds’’ and insert ‘‘proceeds of the offering’’. the issuer to state a target offering Page 10, line 7, before the semicolon insert change in the consumer price index, we amount and a deadline to reach the will continue to allow investment op- ‘‘and the deadline to reach the target offer- target offering amount; requiring the ing amount’’. portunities for Main Street Americans, Page 10, beginning on line 9, strike ‘‘tradi- commission to provide a notice upon like our teachers, police officers and tional broker or dealer or’’ and insert completion of the offering, which shall farmers, to pool their money and sup- ‘‘broker or dealer registered under section include the aggregate offering amount port entrepreneurs in their commu- 15(b)(1) of the Securities Exchange Act of and the number of purchasers; clari- nities. 1934 or an’’. fying the disqualification provision to I urge my colleagues to support this Page 10, line 16, strike ‘‘and’’ and insert ensure that both issuers and inter- amendment. after such line the following: mediaries, as well as their prede- Mr. MCHENRY. Will the gentleman ‘‘(13) provides the Commission with a no- cessors, affiliates, officers, directors or tice upon completion of the offering, which yield? shall include the aggregate offering amount persons fulfilling similar roles, are dis- Mr. FINCHER. I yield to my col- and the number of purchasers; and’’. qualified from the exemption estab- league from North Carolina. Page 10, line 17, strike ‘‘(13)’’ and insert lished in this bill should they have a Mr. MCHENRY. I thank the gen- ‘‘(14)’’. history of committing securities fraud. tleman from Tennessee for offering

VerDate Mar 15 2010 04:40 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.019 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7303 this bipartisan amendment. This is a start-up companies has decreased, and (Mr. QUAYLE) for offering this amend- good-government amendment. far fewer small companies are holding ment. It’s a very sharp amendment, a The old adage is ‘‘a million bucks initial public offerings. very thoughtful approach to securities isn’t what it used to be.’’ Well, when Madam Chair, too often when legisla- law, a very thoughtful approach to reg D–504 of the Securities and Ex- tion is not indexed to inflation, Con- crowdfunding and the idea of allowing change Act of 1934 had a $1 million ex- gress must go back and amend current average, everyday investors the same emption that was put in place in 1982, laws. For instance, $10,000 in 1980 would opportunities that high-net-worth indi- that $1 million would be $2.4 million actually be $27,535 today. The need for viduals enjoy in this country. I thank today. So, just in a short period of small businesses to have access to cap- the gentleman for working on job cre- time, it can show you the impact of 30 ital is constant. It makes sense that, as ation and job growth. years of inflation. the value of the dollar fluctuates over Mr. QUAYLE. I yield back the bal- I appreciate my colleague for offering time, we should adjust the investment ance of my time. this amendment, as it’s a very good cap accordingly. The Acting CHAIR. The question is amendment, and I certainly appreciate This amendment will promote eco- on the amendment offered by the gen- your representing the good folks of nomic growth at no cost to the tax- tleman from Arizona (Mr. QUAYLE). Tennessee. payer. I support H.R. 2930, and I urge The amendment was agreed to. Mr. FINCHER. I yield back the bal- my colleagues to support this pro- AMENDMENT NO. 4 OFFERED BY MS. VELA´ ZQUEZ ance of my time. growth amendment. The Acting CHAIR. It is now in order The Acting CHAIR. The question is I reserve the balance of my time. to consider amendment No. 4 printed in on the amendment offered by the gen- Mr. PERLMUTTER. I claim time in part A of House Report 112–265. tleman from Tennessee (Mr. FINCHER). opposition, although I am not opposed Ms. VELA´ ZQUEZ. Madam Chair, I The amendment was agreed to. to the amendment. have an amendment at the desk. The Acting CHAIR. Without objec- AMENDMENT NO. 3 OFFERED BY MR. QUAYLE The Acting CHAIR. The Clerk will tion, the gentleman from Colorado is The Acting CHAIR. It is now in order designate the amendment. to consider amendment No. 3 printed in recognized for 5 minutes. The text of the amendment is as fol- There was no objection. part A of House Report 112–265. lows: Mr. QUAYLE. Madam Chair, I have b 1640 Page 8, line 13, strike ‘‘and’’. an amendment at the desk. Mr. PERLMUTTER. I want my friend Page 8, line 14, strike the period and insert The Acting CHAIR. The Clerk will from New York to catch her breath. ‘‘; and’’. designate the amendment. That’s why I’m going to claim time in Page 8, after line 14, insert the following: ‘‘(14) discloses to potential investors the The text of the amendment is as fol- opposition. But I also do have a ques- lows: intermediary’s compensation structure for tion. participation in the security offering.’’. Page 5, line 16, insert before the semicolon In 2008 when the stock market The Acting CHAIR. Pursuant to the following: ‘‘, as such amount is adjusted crashed, when we saw home prices drop House Resolution 453, the gentlewoman by the Commission to reflect the annual like a rock, when people lost their jobs, from New York (Ms. VELA´ ZQUEZ) and a change in the Consumer Price Index for All we experienced over a several month Urban Consumers published by the Bureau of Member opposed each will control 5 period deflation—not inflation; defla- Labor Statistics’’. minutes. tion. Under the amendments, both the The Chair recognizes the gentle- The Acting CHAIR. Pursuant to preceding one as well as the amend- woman from New York. House Resolution 453, the gentleman ment by my friend from Arizona, when Ms. VELA´ ZQUEZ. Madam Chair, I from Arizona (Mr. QUAYLE) and a Mem- I look at it, I think, if the price goes yield myself such time as I may con- ber opposed each will control 5 min- down, this could also shrink. utes. I yield to my friend North Carolina. sume. In order for entrepreneurs to con- The Chair recognizes the gentleman Mr. MCHENRY. I thank my colleague from Arizona. for bringing this up, and it is a great tinue to fulfill their traditional role as Mr. QUAYLE. Madam Chair, I yield concern. I didn’t have the opportunity job creators, it is essential that they myself such time as I may consume. to say, I do, in fact, support the gentle- have access to the capital they rely I want to thank my friend and col- man’s amendment. I appreciate him of- upon as fuel for innovation and eco- league from North Carolina for bring- fering it. It’s a very thoughtful amend- nomic expansion. Crowdfunding rep- ing this bill to the floor, and I want to ment. resents a promising new tool for this thank our friends on the other side of I believe, looking at this, when you service. But in order to realize its full the aisle for working on this important have it on an annualized basis, that potential, investors who buy these se- bill as well. does actually allay some of those con- curities must be able to make fully in- Madam Chair, this is a commonsense cerns. But I think you and I agree that formed decisions. My amendment will amendment that will make it easier for when we don’t address some of these make this possible by requiring American companies to raise capital, securities laws as frequently as we crowdfunding intermediaries to dis- to expand, and to hire more workers. should to update with technology and close how they are compensated. I support the gentleman from North what happens in the market, we should Despite its relatively recent emer- Carolina’s legislation, which removes have in place these measures to ensure gence, crowdfunding shares many char- an unnecessary barrier to allow start- that Congress’ intent is followed even acteristics with ordinary stock invest- ups and small businesses to raise cap- 20 years from now and can keep pace ing. In this marketplace, however, Web ital through individual investments of with what is reasonable in the market- sites and social media will fill the role up to $10,000, or 10 percent of an inves- place. of brokers and dealers. They will act as tor’s income. My amendment would I think that your concern is actually a conduit between stock insurers and simply index this individual invest- a very interesting one. And I would be ordinary investors. Unlike stock- ment cap to inflation. happy to talk with the gentleman more brokers, these intermediaries may be Entrepreneurs and new businesses about ways that we can update securi- paid by commission, flat fees, or sub- play a vital role in advancing both job ties laws to deal with some of these scriptions. Depending on their com- creation and innovation in our coun- struggles. pensation structure, however, inter- try. Over the last three decades, new Mr. PERLMUTTER. Reclaiming my mediaries may have an incentive to ad- businesses have created nearly 40 mil- time, I thank my friend from North vertise the ideas that provide them lion jobs and have been responsible for Carolina. We have no opposition to this with the most money, rather than what nearly all net new job creation. Unfor- amendment. We urge its adoption. makes the most investment sense. This tunately, the environment for new I yield back the balance of my time. not only puts ordinary investors at businesses has grown increasingly un- Mr. QUAYLE. I yield to the gen- risk but also undermines the entire favorable. In the past 3 years, the num- tleman from North Carolina. premise of crowdfunding, which is sup- ber of new businesses launched has fall- Mr. MCHENRY. Madam Chair, I want posed to promote those ideas that have en 23 percent. Capital investment in to thank my colleague from Arizona the most merit.

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.092 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7304 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Compensation disclosure is not with- mediaries to disclose the compensation It amazes me that given the experi- out precedent. It is currently required structure to potential investors, we be- ence that brought us to this time, that by all securities brokers and dealers. lieve it will have a chilling effect on brought the economy to its knees with This transparency provides investors compensation in the market and the the Wall Street crisis, with the Madoff with the vital information necessary to participation of potential inter- Ponzi scheme, that you come here and have the confidence that their invest- mediaries in this mode. say this is not the appropriate time. It ment decisions are prudent. Further- So unfortunately, I have got to op- is the appropriate time to protect in- more, these disclosures take nothing pose this amendment. Had the gentle- vestors, and that is exactly what we do more than a few lines on an offer sheet lady brought this to me during the sub- here. or a quick conversation. This is a sim- committee or full committee markup, I Compensation disclosure, for the in- ple commonsense amendment that will would have been happy to work with vestors to have the information to help ordinary people make informed in- my colleague on trying to craft work- know who their intermediaries are and vestment decisions as this new indus- able language. But here on the floor how they are going to be compensated, try evolves. If intermediaries are going today, I’m opposed to the amendment. this is the appropriate time. This is the to fill the role of brokers and dealers in I ask my colleagues to vote against right time. It is important that we pro- crowdfunding operations, it only this flawed amendment. tect investors by them knowing how makes sense that just like others in I reserve the balance of my time. those intermediaries will be com- the investment industry, they should Ms. VELA´ ZQUEZ. May I inquire as pensated, how their money will be in- be subject to similar requirements to to how much time I have remaining? vested. What makes more sense for an protect the investors they will solicit. The Acting CHAIR. The gentlewoman intermediary to invest in this company I urge Members to vote ‘‘yes’’ on the from New York has 21⁄2 minutes re- versus this other company, because if amendment, and I reserve the balance maining. he invests in this other company he’s of my time. Ms. VELA´ ZQUEZ. I yield 30 seconds going to make more money? What is Mr. MCHENRY. Madam Chair, I to the gentleman from Colorado (Mr. wrong with transparency? What is claim time in opposition to the amend- PERLMUTTER). wrong with disclosure? Nothing is ment. Mr. PERLMUTTER. I thank the gen- wrong. The Acting CHAIR. The gentleman tlelady. You have three pages of protection, from North Carolina is recognized for 5 I would just say to my friend from but you left the most important pro- minutes. North Carolina, I appreciate the fact tection for investors. What is wrong Mr. MCHENRY. Unfortunately, I that this is new, but I think when we with the investor to know how those have to oppose this amendment. In the are dealing with these small invest- intermediaries will be compensated? course of a subcommittee legislative ments and lots of people, just as with a That is the core of my amendment. hearing, a subcommittee markup, and charity, you’d like to know that most And we should, just like brokers and a full committee markup, this amend- of it’s going to the charity and not to dealers, they will have their own busi- ment was never offered. My colleague the solicitation effort. That is why I ness interest and they will not nec- from New York serves on the Financial would say this is important, so you essarily be the same as investors’ in- Services Committee. As my other col- know that it’s getting to your invest- terest. Their interest and that of the leagues have mentioned, I worked dili- ment and not to the sale effort. So I investors are not mutually exclusive. gently across the aisle to incorporate would support her amendment. Just like brokers and dealers, inter- every idea my colleagues from across Mr. MCHENRY. Madam Chair, I yield mediaries will have discretion to the aisle had. They’ve incorporated myself such time as I may consume. choose which investment they propose. them into this bill. It’s a better piece I would ask my colleagues, do they I ask for a ‘‘yes’’ vote on my amend- of legislation because of it. disclose on their campaign Web sites ment. My colleague had the opportunity at how much it costs to process a credit The Acting CHAIR. The question is the full committee markup to offer card contribution? on the amendment offered by gentle- this amendment and didn’t. We heard Exactly. I don’t know if my col- woman from New York (Ms. at the capital formation and leagues are making those disclosures VELA´ ZQUEZ). crowdfunding hearing in the Capital when folks are contributing to their The question was taken; and the Act- Markets Subcommittee—I attended campaigns. So this restriction is actu- ing Chair announced that the noes ap- that, and all Members of the Financial ally a creation of Congress. peared to have it. Services Committee that were there I understand the issue. It’s a very Ms. VELA´ ZQUEZ. Madam Chair, I that day were allowed to participate. powerful issue on compensation. This demand a recorded vote. None of the witnesses raised a com- was never raised in the two sub- The Acting CHAIR. Pursuant to pensation disclosure as a precondition committee hearings I have had on cap- clause 6 of rule XVIII, further pro- to create successful crowdfunding secu- ital formation on the TARP in the Fi- ceedings on the amendment offered by rities offerings. My colleague did not nancial Services Subcommittee of the gentlewoman from New York will participate in the hearing. And when Oversight and Government Reform, nor be postponed. the subject matter of the amendment in the legislative markup at the Sub- AMENDMENT NO. 5 OFFERED BY MR. BARROW could have been raised with a panel of committee on Capital Markets, nor The Acting CHAIR. It is now in order capital formation experts, it was not during the subcommittee markup nor to consider amendment No. 5 printed in raised. the full committee markup in the Com- part A of House Report 112–265. This is an interesting amendment. mittee on Financial Services. Mr. BARROW. I have an amendment What we have in this legislation is an at the desk. b 1650 enormous amount of investor protec- The Acting CHAIR. The Clerk will tion. We want crowdfunding inter- Furthermore, I would point my col- designate the amendment. mediaries to be able to compete with league to page 6 of the legislative text. The text of the amendment is as fol- one another and to innovate and to We have investor protection require- lows: offer the best platform and technology ments for intermediaries that go on Page 11, after line 9, insert the following: for both issuers and investors. Our be- for, really, three pages. This specifies a ‘‘(f) WEBSITE FOR CROWDFUNDING INVEST- lief is that businesses will be able to lot of investor protection. It has re- MENT SAFETY TIPS.— work with different intermediaries. If ceived a bipartisan vote. The time for ‘‘(1) IN GENERAL.—The Commission shall they don’t see an intermediary that this amendment is past. It is not best establish a website that provides the public fits with their cost structure or the constructed here on the floor. I ask my with safety tips for investing in securities cost basis they see fit, they can be colleagues to vote ‘‘no.’’ described under section 4(6). ‘‘(2) LINKS TO WEBSITE.—The intermediary their own intermediary. That’s how With that, I yield back the balance of in a transaction involving the issuance of se- this bill is constructed. This amend- my time. curities described under section 4(6) or, in ment doesn’t work technically with the Ms. VELA´ ZQUEZ. I yield myself the the case of such transaction not involving an construct of that. By forcing inter- balance of my time. intermediary, the issuer, shall place a link

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.097 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7305 to the website described under paragraph (1) I ask for your support in passing this This part of the legislation, my staff in a prominent location on the main page of job-creating, investor-protecting as well as the staff of the Financial the website of such intermediary or issuer amendment. Services Committee, Democrats and that is used to facilitate such transaction.’’. I reserve the balance of my time. Page 11, line 10, strike ‘‘(f)’’ and insert Republicans, as well as the staff of Mrs. Mr. MCHENRY. Madam Chair, I rise ‘‘(g)’’. MALONEY and Ms. WATERS crafted this in opposition to the amendment. language in a very balanced way. We’ve The Acting CHAIR. Pursuant to The Acting CHAIR. The gentleman House Resolution 453, the gentleman included those concerns. from North Carolina is recognized for 5 Unfortunately, the language before from Georgia (Mr. BARROW) and a Mem- minutes. ber opposed each will control 5 min- us today is deeply flawed, and with the Mr. MCHENRY. Unfortunately, I nature of securities laws as they are in utes. have to oppose this amendment. I ask The Chair recognizes the gentleman this country—and in the world, for that my colleague from Georgia if he con- matter—we want to make sure that it from Georgia. sulted, in the construct of this lan- Mr. BARROW. Madam Chair, I yield has the appropriate balance, that it has guage, with the SEC staff. been thoroughly vetted through coun- myself such time as I may consume. I yield to the gentleman. Many of the small business owners Mr. BARROW. Well, I understand sel and actually has agreement. That is that I’ve talked to back home tell me that our staffs have consulted with why this amendment is deeply flawed that the biggest barrier that they face each other about the utility of this. I and I oppose it. in starting up a business is securing ac- don’t know how far they have gone I reserve the balance of my time. cess to capital. When traditional lend- with the SEC. But I can tell you the Mr. BARROW. Madam Chair, I yield ers aren’t lending, we need to find in- basic outline of this requirement is not myself such time as I may consume. novative ways to get startup and ex- to gum up the offering, not to require I understand the gentleman to be pansion money in the hands of small the issuer to put all kinds of stuff in concerned about the distinction be- business job creators. the offering that can actually obscure tween this type of offering and a public This bill uses the Internet to knock the information that the offerer wants offering, and I wish to remind him of down some of the financial barriers to put to the public and can allow the what perhaps wasn’t clearly under- that get between mom-and-pop SEC basically to intrude into that of- stood. The point we’re trying to make startups and willing investors so they fering, but to require one simple link here is an exempt offering. That does can get the money they need to grow where they can go and get all of the in- not have all of the rigamarole and the their businesses and put more people to formation that any wise investor hassle and the fine print and all of the work. However, as with almost every- needs. safeguards that go along with a public thing involving the Internet, new op- Mr. MCHENRY. Reclaiming my time, offering. portunities to do good bring new oppor- we did not see this legislative text b 1700 tunities for mischief. We all agree that until it was filed with the Rules Com- businesses and investors must under- It is because we’re trying to provide mittee. We worked to try to accommo- the ease and convenience of an exempt stand the potential risks that come date the Member with text that could with these innovations. The bill re- offering while still providing the nec- be acceptable. Unfortunately, the con- essary information that folks have to quires that the SEC adopt regulations struct of this is simply not acceptable specifying the warnings and informa- have that we all are concerned about and we couldn’t come to reasonable ac- the investment warnings that the gen- tion that the issuer has to offer, but it commodation on language that would leaves the content and the formatting tleman thinks we need to have in the be workable. bill. I agree with that. This is not a of this information to rulemaking pro- Look, the SEC is certainly overbur- public offering. What we’re trying to ceedings to be completed later, and it dened. We all know that. I mean, do, though, is to make sure that we leaves open the possibility of incon- they’re working very hard. They cur- don’t exempt folks from having the in- sistent warnings and information for rently have two Web sites right now. formation they might need to have be- different investment opportunities. What this amendment would do is force fore they make an investment in this My amendment takes the bill’s basic them to have a third Web site. entirely new and heretofore unregu- approach one step further by requiring Furthermore, in the discussion of lated marketplace. that the offering contain a link to a this amendment, my colleague de- The gentleman is also concerned site maintained by the SEC where the scribes this as a public offering. The about the fact that there is yet another SEC will post a comprehensive set of crowdfunding legislation described Web site. We’re just talking about a warnings and safety tips to anyone who here is an exempt offering, very dif- page here that can be readily linked so is about to use the Internet to raise ferent in nature than a public offering, the person looking at the information capital without all of the hassle and and is exempt from the SEC regs. the safeguards of a regulated SEC of- On page 6 of the legislation, sub- that the issuer wants to make avail- fering. This would provide a consistent section (a)(1), it mandates that individ- able to the public, they can just hit on set of warnings and avoid the incon- uals, intermediaries in this process, one link, and they can go someplace sistent, unclear, or misleading mes- would have to add a warning to inves- else immediately and get all the infor- sages that investors might get from tors, including the intermediary’s Web mation that they need or the informa- different Web sites. site, of the speculative nature gen- tion they don’t need. They can read it Madam Chair, a word to the wise is erally applicable to investments in or not read it. sufficient, but too many words can ob- startups, emerging businesses, and Mr. MCHENRY. Will the gentleman scure the information that folks really small issuers, including risks in the yield? need. My amendment offers something secondary market related to Mr. BARROW. I yield to the gen- better than a word—a link to the infor- illiquidity. tleman from North Carolina. mation that we all agree that investors (2) warns investors that they are sub- Mr. MCHENRY. The legislative text should have available to them before ject to the restrictions on sales re- on line 4 specifies, establish a Web site. they put their money down. Investors quirements described under subsection Mr. BARROW. Yes, a site on the don’t have to read it and they don’t (e). Internet, on the World Wide Web, can have to heed it, but it’s there. And Additionally, (6) requires each poten- be just one page that can have all the that’s the least that we should do. tial investor to answer questions dem- information that you need. Small businesses and the investment onstrating competency in: Reclaiming my time, the main con- community stand to gain from this (A) recognition of the level of risk cern that I’ve got is that the invest- system, but only if everyone involved generally applicable to investments in ment protections the gentleman refers is on the same page about the potential startups, emerging businesses, and to in the bill suffer from the problem of benefits and the drawbacks. My amend- small issuers; being both overinclusive and under- ment will help make sure that happens. (B) risk of illiquidity; and inclusive. On the one hand, it gives the I want to thank my colleagues for (C) such other areas as the Commis- SEC comprehensive authority to re- their work on this bipartisan bill, and sion may determine appropriate. quire that certain information be made

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.021 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7306 CONGRESSIONAL RECORD — HOUSE November 3, 2011 available and the person be tested and securities law that originated over 75 ‘‘(C) with respect to a transaction de- answer questions on the information years ago, or roughly 75 years ago. So scribed under section 4(6), unlawful conduct that the SEC requires that they dem- we want to make sure we get this by an intermediary, issuer, or custodian.’’. onstrate competence on. This could right. Unfortunately, this amendment The Acting CHAIR. Pursuant to suffer from underinclusion if the SEC is ill-crafted, and that’s why we have House Resolution 453, the gentleman doesn’t ask or insist that the person to oppose it. from Colorado (Mr. PERLMUTTER) and a have the most minimal information. It I yield back the balance of my time. Member opposed each will control 5 could be incredibly overinclusive if the Mr. BARROW. Madam Chair, I yield minutes. SEC wants to use the authority given myself the balance of my time. The Chair recognizes the gentleman by the bill, as written, to require that I thank the gentleman for his discus- from Colorado. the investor demonstrate competence sion and for his good-faith effort to try Mr. PERLMUTTER. Madam Chair, I on a million things. and reach an understanding as how we yield myself such time as I may con- Just think of the terms and condi- can make the investment information sume. tions in the typical software download more meaningful. I’m concerned, too, This is the amendment we’ve been program; and if someone’s got to an- about the stamp of approval, the so- visiting about over the course of this swer a question about every sentence called Good Housekeeping Seal of Ap- bill. And what it does, the structure of in there, you can actually give the SEC proval someone might get from finding the bill is such that it solicits, an the authority, and you’re kind of invit- something that is heretofore highly issuer can solicit small investments ing them to go into this offering and to regulated available now in a totally via the Internet or some other mass require competence on all kinds of brand-new marketplace. I’m concerned type of media, and that solicitation stuff the person doesn’t need. about the opposite impact, that not then, a notification is made to the Se- Oftentimes, as Emerson said, a having the right information in the curities and Exchange Commission. glimpse reveals what the gaze obscures. hands of the investor can serve as a Once that notification is made, then What I think folks need to have is a di- Good Housekeeping Seal of Approval, notice of the solicitation on the Inter- rect link that takes them to the infor- what’s in front of them now. net, this crowdfunding so to speak, is mation that anybody ought to have, As written, the bill allows the SEC to then given to each State so that the and they can read it or not read it. prescribe all kinds of information that State regulators, the State enforce- They can heed it or not heed it. But it the person has to demonstrate a com- ment authorities, are given notice of won’t gum up the offering. It won’t get petence in. My bill would do a lot bet- this solicitation, of this crowdfunding between what the issuer wants to make ter than that. It would get the SEC out request for sale of securities. available in order to make the sale and of the conversation, provide a link The amendment that Mr. MCHENRY the information a person needs to have where a person can go someplace else and I have prepared makes sure that in order to decide whether or not this and see what it is they need to see if when the States get this notice, they is the right place for them to make they want to see it without getting be- can use their police powers, their en- this kind of investment. tween the issuer and the customer. forcement authority, to make sure With that, I reserve the balance of With that, I yield back the balance of that the issuer, or anyone involved my time. my time. with the solicitation, anyone involved The Acting CHAIR. The question is Mr. MCHENRY. May I inquire of the with this crowdfunding which is being Chair the remaining time on both on the amendment offered by the gen- used across the Internet, can then, the sides. tleman from Georgia (Mr. BARROW). laws can be enforced to stop any kinds The Acting CHAIR. The gentleman The amendment was rejected. of fraud, defalcation of funds, embez- AMENDMENT NO. 6 OFFERED BY MR. from North Carolina has 13⁄4 minutes zlement, misrepresentation, any kinds PERLMUTTER remaining. The gentleman from Geor- of bad acts related to the solicitation The Acting CHAIR. It is now in order gia has 30 seconds remaining. under the crowdfunding. to consider amendment No. 6 printed in Mr. MCHENRY. Madam Chair, I yield This applies to both the issuer and part A of House Report 112–265. myself the balance of my time. the intermediaries. Anybody holding Mr. PERLMUTTER. I have an I certainly appreciate my colleague’s the funds will still be subject to the po- amendment at the desk. intent, but I’m simply uncomfortable The Acting CHAIR. The Clerk will lice powers of the State. So we main- with requiring facilitators or these designate the amendment. tain the States’ rights for police power. intermediaries that we create in this The text of the amendment is as fol- Mr. MCHENRY. Will the gentleman legislation of what is an exempt offer- lows: yield? Mr. PERLMUTTER. I yield to my ing under securities law to actually In section 4, strike ‘‘Section’’ and insert link to the SEC’s Web site. It gives the the following: friend from North Carolina. stamp of approval of sorts, it seems to (a) IN GENERAL.—Section Mr. MCHENRY. I thank my colleague me, of this exempt offering. It actually In section 4, add at the end the following: from Colorado for offering this amend- might create more confusion, not nec- (b) CLARIFICATION OF THE PRESERVATION OF ment, and I thank my colleague for essarily by the gentleman’s intent, but STATE ENFORCEMENT AUTHORITY.— working diligently across the aisle. (1) IN GENERAL.—The amendments made by This was an idea that he had in the full by the design of the legislation before subsection (a) relate solely to State registra- us, by the legislative text that we have tion, documentation, and offering require- committee markup. We worked dili- here in this amendment. ments, as described under section 18(a) of Se- gently to get that done at full com- Unfortunately, that is not helpful. curities Act of 1933 (15 U.S.C. 77r(a)), and mittee markup. It was not able to be Actually, it would be hurtful to this shall have no impact or limitation on other done, but the language we have here matter, and that’s why I have to op- State authority to take enforcement action today is a very good amendment. pose it. with regard to an issuer, intermediary, or The amendment ensures that the Now, I am hopeful that when this leg- any other person or entity using the exemp- States’ securities regulators have the tion from registration provided by section means to police fraud, deceit, misrepre- islation is signed into law by the Presi- 4(6) of such Act. dent that the Securities and Exchange (2) CLARIFICATION OF STATE JURISDICTION sentation, and other unlawful behavior Commission Office of Education and OVER UNLAWFUL CONDUCT OF INTERMEDIARIES, to protect investors. Since States’ se- Investor Advocacy would create an in- ISSUERS, AND CUSTODIANS.—Section 18(c)(1) of curities regulators already have the re- vestor alert, which is their standard the Securities Act of 1933 is amended by sources and expertise, much more so process, regarding crowdfunding in- striking ‘‘with respect to fraud or deceit, or than the SEC, to examine unlawful be- vestments like the SEC did with the unlawful conduct by a broker or dealer, in havior at a micro-level, it is essential microcap stock, a guide to investors, connection with securities or securities that this legislation recognize and au- transactions.’’ and inserting the following: ‘‘, thorize them to continue to fight un- which is available on the SEC’s exist- in connection with securities or securities ing Web site. transactions, with respect to— lawful conduct. The powers of State se- And that’s the concern here. We want ‘‘(A) fraud or deceit; curities regulators for crowdfunding to make sure that this is done appro- ‘‘(B) unlawful conduct by a broker or deal- are no different from what that which priately. We currently are operating in er; and they have for any covered security.

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.101 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7307 Mr. PERLMUTTER. I reserve the House, sometimes it doesn’t get to respect to fraud or deceit,’’ the amendment balance of my time. where people would like for it to be. essentially restates the preemptive provi- Mr. MCHENRY. Madam Chair, I With that, I reserve the balance of sions as they existed in the original bill. The claim time in opposition. my time. Perlmutter-McHenry amendment fails to ad- The Acting CHAIR. The gentleman dress the fundamental concern that states NORTH AMERICAN SECURITIES have had with H.R. 2930 since its introduc- from North Carolina is recognized for 5 ADMINISTRATORS ASSOCIATION, INC., tion: the preemption of state authority to re- minutes. Washington, DC, November 3, 2011. view securities prior to their offering. Mr. MCHENRY. I am not opposed to Hon. JOHN BOEHNER, this legislation. I thank my colleague Speaker, House of Representatives, Congress should refrain from preempting state law. Preempting state authority is a for offering it. Washington, DC. DEAR MR. SPEAKER: I am writing on behalf very serious step and not something that Mr. WATT. Will the gentleman yield? of the North American Securities Adminis- should ever be undertaken lightly or without Mr. MCHENRY. I’d be happy to yield trators Association (NASAA) to express my careful consideration, including a thorough to my colleague from North Carolina. opposition to H.R. 2930, the Entrepreneur Ac- examination of all available alternatives. In Mr. WATT. I was rising to claim time cess to Capital Act, which is scheduled to be the case of crowd-funding, state securities in opposition because I am opposed. voted on by the House of Representatives regulators are not only capable of acting, But if the gentleman is going to yield this week. but indeed, are acting, and Congress should me time. This legislation is well intended, but struc- allow them the opportunity to continue to Mr. MCHENRY. I’d be happy to let turally flawed. While intended to promote an protect retail investors from the risks asso- my colleague— internet-based fundraising technique known ciated with smaller, speculative invest- as ‘‘crowd-funding’’ as a tool for investment, ments. The Acting CHAIR. As a true oppo- this legislation will needlessly preempt state nent on his feet, the gentleman from securities laws and weaken important inves- INDIVIDUAL INVESTMENT CAP North Carolina (Mr. WATT) is recog- tor protections. One of the fundamental tenets of securities Crowd-funding is an online money-raising nized for 5 minutes in lieu of the other law is that an investor is protected when the strategy that began as a way for the public gentleman from North Carolina (Mr. seller of securities is required to disclose suf- to donate small amounts of money, often MCHENRY). ficient information so that an investor can through social networking websites, to help Mr. WATT. I thank the Chair. make an informed decision. Post-sale anti- artists, musicians, filmmakers and other fraud remedies provide little comfort to an b 1710 creative people finance their projects. The concept has recently been promoted as a way investor who has lost a significant sum of Let me say this: This is kind of an money that is unrecoverable. Any effort to awkward conversation because we did of assisting small businesses and start-ups looking for investment capital to help get remove or weaken the up-front registration have this discussion in committee. We their business ventures off the ground. and disclosure process should not happen were advised in committee that the State securities regulators are acutely without adequate alternative safeguards. preemption language would be cor- aware of today’s difficult economic environ- NASAA appreciates that the concept of rected between the committee and the ment and its effects on job growth. Small crowd-funding is appealing in many respects floor. It was revised. And the amend- businesses are important to job growth and because it provides small, innovative enter- ment does take a step in the right di- to improving the economy. However, by plac- prises, access to capital that might not oth- rection, so I won’t ask for a recorded ing unnecessary limits on the ability of state erwise be available. Indeed, this is precisely vote on the amendment, but it doesn’t securities regulators to protect retail inves- the reason that states are now considering tors from the risks associated with smaller, adopting a model rule that would establish a take a step far enough in the right di- speculative investments, Congress is poised rection because the amendment still more modest exemption for crowd-funding as to enact policies intended to strengthen the it is traditionally understood, with indi- preempts States from having the pre- economy that will very likely have precisely vidual investments capped at several hun- review of these offerings that they now the opposite effect. If this legislation is en- dred dollars per investor. have. Even though it reserves to them acted in its present form it will prohibit By contrast, H.R. 2930 goes far beyond any- the authority to do something about states from enforcing laws designed to mini- mize the risks to investors. As currently thing that is being contemplated by the fraud, it does not reserve to them the states or traditional advocates of crowd- authority to get involved in the review written, H.R. 2930 would only allow states to address investor losses after they occur. funding. By setting an individual investment process. And in that sense, it continues Under this scenario, the public will lose con- cap of 10 percent of annual income, or $10,000, to preempt State law. fidence in this business funding method, H.R. 2930 will create an exemption that will I want to applaud my friends, both thus, hurting the efforts to make crowd- expose many more American families to po- Mr. MCHENRY and Mr. PERLMUTTER, for funding a viable means for raising capital. tentially catastrophic financial harm. Given making a step in the right direction, PREEMPTION OF STATE LAW that most U.S. households have a relatively modest amount of savings, a loss of $10,000, but this still preempts State law, and Section 4 of H.R. 2930 would preempt state in even a single case, can be financially crip- States ought to have the prerogative to laws requiring disclosures or reviewing ex- pling. be involved in this. The State of North empted investment offerings before they are Carolina, from which Mr. MCHENRY sold to the public. The authority to require AGGREGATE INVESTMENT CAP hails, the Secretary of State is ada- such filings is critical to the ability of states to get ‘‘under the hood’’ of an offering to H.R. 2930 would permit businesses to solicit mantly of the opinion—and I agree investments of up to $2 million, in incre- with her—that this amendment does make sure that it is what it says it is. More- over, as a matter of principle and policy, ments of $10,000 per investment. Such a high not go far enough. NASAA ardently believes that review of of- cap on aggregate investment makes the bill When we get back into the full House ferings of this size should remain primarily inconsistent with the expressed rationale for and I can offer a letter into the the responsibility of the states. As the secu- the crowd-funding exception. A company RECORD, it will note that the North rities regulators closest to the investing pub- that is sufficiently large to warrant the rais- American Securities Administrators lic, and in light of our demonstrated record ing of $2 million in investment capital is also Association does not think the amend- of effectiveness, states are the most appro- a company that can afford to comply with ment goes far enough to protect priate regulator in this area. State regu- the applicable registration and filing re- States’ rights. lators are closer, more accessible, and more quirements. in touch with the local and regional eco- Registration and filing requirements at I’m not accusing anybody of bad nomic issues that affect both the issuer and both the state and federal level exist to pro- faith. I think they made a good faith the investor in a small business offering. tect investors, and any company raising up effort to try to find grounds. But this NASAA sincerely appreciates the effort of to $2 million can afford to comply with raises the exact issue that I raised in Congressman Ed Perlmutter (D–CO) to work them. the committee, which was the appro- with the bill’s sponsor to produce a bipar- priate place to have done this and tisan amendment that would alleviate states Thank you for your consideration of these made this amendment and debated it concerns with the preemptive provisions of important issues. If you have any questions, and thought it out—in the committee, H.R. 2930. Unfortunately, the Perlmutter- please feel free to contact me or Michael McHenry amendment that was made in order Canning, Co-Director of Policy, at the not on the floor of the House. And by the Rules Committee on November 2 falls NASAA Corporate Office at (202) 737–0900. when you leave it to just a couple of in- far short of this goal. By simply clarifying Sincerely, dividuals to work out something be- that states ‘‘retain jurisdiction . . . to inves- JACK E. HERSTEIN, tween committee and the floor of the tigate and bring enforcement actions with President.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.103 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7308 CONGRESSIONAL RECORD — HOUSE November 3, 2011 STATE OF NORTH CAROLINA, DE- tact me if I may be of any assistance, or if posed to individual notification State PARTMENT OF THE SECRETARY OF you or your staff have questions regarding by State. And I appreciate his con- STATE, the legislation in question. cern—it’s legitimate, but to make this Raleigh, NC, November 3, 2011. Sincerely, work, you have to have a structure Re H.R. 2930—‘‘Entrepreneur Access to Cap- ELAINE F. MARSHALL. ital Act of 2011’’ that allows for the national offering, Mr. PERLMUTTER. Madam Chair, notice to the States, and then the Hon. MELVIN WATT, how much time remains? Rayburn HOB, States’ police powers kick in. And the The Acting CHAIR. The gentleman SEC has its police powers as well if Washington, DC. from Colorado has 2 minutes remain- DEAR REPRESENTATIVE WATT: I am writing there is any fraud, manipulation, mis- to express my concern with H.R. 2930, the ing. The gentleman from North Caro- representation, or the like. Entrepreneur Access to Capital Act, which lina has 2 minutes remaining. With that, I would urge adoption of could be voted on by the House this week. Mr. MCHENRY. Will my colleague the amendment. This legislation, intended to promote an yield? I yield back the balance of my time. internet-based fundraising technique known Mr. PERLMUTTER. I yield to my The Acting CHAIR. The question is as ‘‘crowd-funding’’ as a tool for investment, other friend from North Carolina. on the amendment offered by the gen- will preempt state investor protection laws Mr. MCHENRY. I thank my colleague tleman from Colorado (Mr. PERL- and weaken important investor protections. Mr. PERLMUTTER for working diligently Crowdfunding is an online money-raising MUTTER). strategy that began as a way for the public with us on this language. He raised sig- The amendment was agreed to. to donate small amounts of money, often nificant concerns. The language that The Acting CHAIR. The Committee through social networking websites, to help we have that the gentleman was inte- will rise informally. artists, musicians, filmmakers and other gral in crafting actually is perhaps The Speaker pro tempore (Mr. creative people finance their projects. The part of the reason why the President MCHENRY) assumed the chair. concept has recently been suggested as a way supports the legislation. And I appre- f of assisting small businesses and start-ups ciate Mr. PERLMUTTER’s working dili- MESSAGE FROM THE SENATE looking for investment capital to get their gently on this. business ventures off the ground. I would remind my colleagues that in A message from the Senate by Ms. Soliciting charitable donations from Curtis, one of its clerks, announced strangers online to advance a goal or cause our legislative hearing on this bill, the Democrat witness before the com- that the Senate as passed with amend- is one thing. Selling shares in a business on- ments in which the concurrence of the line to strangers who expect to realize a po- mittee said that crowdfunding will not tential return on their investment is some- work but for this exemption from indi- House is requested, a bill of the House thing very different. vidual State registration. It is a very of the following title: H.R. 2930 contains a preemption provision key part of this process. When it costs H.R. 2112. An act making appropriations that would prohibit my agency from requir- $150 to register a security in Con- for Agriculture, Rural Development, Food ing the filing or disclosure of information and Drug Administration, and Related Agen- about these investment opportunities before necticut, and all you’re trying to do is cies programs for the fiscal year ending Sep- they are offered to the public in my state. I raise $150 from Connecticut, you net tember 30, 2012, and for other purposes. believe enacting this preemption would be a zero. And beyond that, asking a lawyer The message also announced that the serious mistake because, based on our pre- to file the paperwork. What we want to Senate insists upon its amendments to vious experience, many of the crowdfunding do is preserve that anti-fraud bit that the bill (H.R. 2112) ‘‘An Act making ap- opportunities will be targeted at Mom and the States do very well at, and we have propriations for Agriculture, Rural De- Pop retail investors. The authority to re- done that with this language. quire filings is critical to my office’s ability velopment, Food and Drug Administra- I thank my colleague for yielding. tion, and Related Agencies programs to ‘‘get under the hood’’ of an offering to Mr. PERLMUTTER. I reserve the make sure that it really is what it says it is. for the fiscal year ending September 30, I appreciate efforts by Congressman Ed balance of my time. 2012, and for other purposes,’’ agree to Perlmutter (D–CO) to work with the bill’s Mr. WATT. Madam Chair, I yield my- a conference with the House of Rep- sponsor to produce a bipartisan amendment self the balance of my time, although I resentatives on the disagreeing votes of that would alleviate the states’ concern with won’t take it. the two Houses thereon, and appoints the preemptive provisions of H.R. 2930. Un- I want to express my thanks also to Mr. KOHL, Mr. HARKIN, Mrs. FEINSTEIN, fortunately, the Perlmutter-McHenry Mr. PERLMUTTER, and to my colleague Mr. JOHNSON (SD), Mr. NELSON (NE), Amendment made in order by the Rules from North Carolina (Mr. MCHENRY). Mr. PRYOR, Mr. BROWN (OH), Mr. Committee on November 2 does not achieve As I indicated, they made an effort to this goal. Indeed, by simply clarifying that INOUYE, Mrs. MURRAY, Ms. MIKULSKI, move this in the right direction. They, states ‘‘retain jurisdiction . . . to investigate Mr. BLUNT, Mr. COCHRAN, Mr. MCCON- in fact, moved it. This amendment is and bring enforcement actions with respect NELL, Ms. COLLINS, Mr. MORAN, Mr. better than the underlying bill, which to fraud or deceit,’’ the amendment essen- HOEVEN, Mrs. HUTCHISON, and Mr. tially restates the preemptive provisions as totally preempted State law. So it SHELBY, to be the conferees on the part they existed in the original bill. moves in the right direction, it just of the Senate. H.R. 2930 may be well intended, but I am does not move far enough in the right concerned that it could create serious en- The SPEAKER pro tempore. The direction. Because of that—I mean, I’m Committee will resume its sitting. forcement challenges and potentially open not going to vote against the amend- the door to the possibility of significant in- f creases in investment fraud. Small busi- ment. I’m not even going to ask for a nesses are vital to job growth and to improv- recorded vote on the amendment itself. ENTREPRENEUR ACCESS TO ing the economy in our state, but by dis- But it will make it necessary for me to CAPITAL ACT placing significant safeguards currently pro- oppose the bill itself. And I thought it The Committee resumed its sitting. vided by the crucial role of state securities was important enough for me to come AMENDMENT NO. 4 OFFERED BY MS. VELA´ ZQUEZ regulators, Congress could enact policies in- down and express this because there The Acting CHAIR. Pursuant to tended to strengthen the economy that have are a significant number of people out clause 6 of rule XVIII, the unfinished precisely the opposite effect. there, including a number of State At- As North Carolina’s top investor protec- business is the demand for a recorded tion official, I urge you not to support H.R. torneys General and/or Secretaries of vote on the amendment offered by the 2930 in its current form. I understand the State who believe this does not go far gentlewoman from New York (Ms. North American Securities Administrators enough. VELA´ ZQUEZ) on which further pro- Association (NASAA), of which I am a mem- With that, I yield back the balance of ceedings were postponed and on which ber, is already hard at work on a state level my time. the noes prevailed by voice vote. model rule on crowdfunding that would pre- Mr. PERLMUTTER. In closing, The Clerk will redesignate the serve a state’s ability to prevent scam art- Madam Chair, I appreciate Mr. WATT’s amendment. ists from using crowdfunding offerings as the comments. They’re legitimate, except The Clerk redesignated the amend- latest method for ripping off Main Street in- vestors. I urge you to remove the state pre- that the purpose of this is to have in ment. emption section from the bill. effect a national solicitation notifica- RECORDED VOTE Thank you for your attention to this im- tion nationally to the SEC, and then The Acting CHAIR. A recorded vote portant matter. Please don’t hesitate to con- the powers of the States kick in, as op- has been demanded.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.044 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7309 A recorded vote was ordered. Gibbs Lungren, Daniel Rohrabacher crowdfunded securities, and for other Gibson E. Rokita purposes, and, pursuant to House Reso- The vote was taken by electronic de- Gingrey (GA) Mack Rooney vice, and there were—ayes 189, noes 234, Gohmert Manzullo Ros-Lehtinen lution 453, reported the bill back to the not voting 10, as follows: Goodlatte Marchant Roskam House with an amendment adopted in Gosar Marino [Roll No. 823] Ross (FL) the Committee of the Whole. Gowdy McCarthy (CA) Royce The SPEAKER pro tempore. Under AYES—189 Granger McCaul Runyan Graves (GA) McClintock the rule, the previous question is or- Ackerman Gonzalez Napolitano Ryan (WI) Graves (MO) McCotter Altmire Green, Al Neal Scalise dered. Griffin (AR) McHenry Andrews Green, Gene Olver Schilling Is a separate vote demanded on any Grimm McKeon Baca Griffith (VA) Owens Schmidt Guinta McKinley amendment to the amendment re- Baldwin Grijalva Pallone Schock Guthrie McMorris ported from the Committee of the Barrow Gutierrez Pascrell Schweikert Hall Rodgers Bass (CA) Hahn Pastor (AZ) Scott (SC) Whole? Harper Meehan Becerra Hanabusa Payne Scott, Austin If not, the question is on the com- Harris Mica Berkley Hanna Pelosi Sensenbrenner Hartzler Miller (FL) mittee amendment in the nature of a Berman Hastings (FL) Perlmutter Sessions Hastings (WA) Miller (MI) substitute, as amended. Bishop (GA) Heinrich Peters Shimkus Hayworth Miller, Gary Bishop (NY) Higgins Peterson Shuster The amendment was agreed to. Heck Mulvaney Blumenauer Himes Pingree (ME) Simpson The SPEAKER pro tempore. The Hensarling Murphy (PA) Boren Hinchey Polis Smith (NE) Herger Myrick question is on the engrossment and Boswell Hinojosa Price (NC) Herrera Beutler Neugebauer Smith (NJ) third reading of the bill. Brady (PA) Hirono Quigley Huelskamp Noem Smith (TX) The bill was ordered to be engrossed Brown (FL) Hochul Rahall Huizenga (MI) Nugent Southerland Butterfield Holden Rangel and read a third time, and was read the Hultgren Nunes Stearns Capps Holt Reyes Hunter Nunnelee Stivers third time. Capuano Honda Richardson Hurt Olson Stutzman MOTION TO RECOMMIT Cardoza Hoyer Richmond Jenkins Palazzo Sullivan Carnahan Inslee Ross (AR) Mr. HOLT. Mr. Speaker, I have a mo- Johnson (IL) Paul Terry Carney Israel Rothman (NJ) tion to recommit at the desk. Johnson (OH) Paulsen Thompson (PA) Carson (IN) Jackson (IL) Roybal-Allard Johnson, Sam Pearce Thornberry The SPEAKER pro tempore. Is the Castor (FL) Jackson Lee Rush Jordan Pence Tiberi gentleman opposed to the bill? Chandler (TX) Sa´ nchez, Linda Kelly Petri Tipton Chu Johnson (GA) T. Mr. HOLT. I am opposed. King (IA) Pitts Turner (NY) Cicilline Johnson, E. B. Sanchez, Loretta Mr. MCHENRY. Mr. Speaker, I re- King (NY) Platts Turner (OH) Clarke (MI) Jones Sarbanes Kingston Poe (TX) Upton serve a point of order. Clarke (NY) Kaptur Schakowsky Kinzinger (IL) Pompeo Walberg The SPEAKER pro tempore. A point Clay Keating Schiff Kline Posey Walden of order is reserved. Cleaver Kildee Schrader Labrador Price (GA) Walsh (IL) Clyburn Kind Schwartz The Clerk will report the motion to Lamborn Quayle Webster Cohen Kissell Scott (VA) recommit. Lance Reed West Connolly (VA) Kucinich Scott, David Landry Rehberg Westmoreland The Clerk read as follows: Conyers Langevin Serrano Lankford Reichert Whitfield Mr. Holt moves to recommit the bill H.R. Cooper Larsen (WA) Sewell Latham Renacci Wilson (SC) Costa Larson (CT) Sherman 2930 to the Committee on Financial Services LaTourette Ribble Wittman Costello Lee (CA) Shuler with instructions to report the same back to Latta Rigell Wolf Courtney Levin Sires the House forthwith with the following Lewis (CA) Rivera Womack Critz Lewis (GA) Slaughter amendment: LoBiondo Roby Woodall Crowley Lipinski Smith (WA) Long Roe (TN) Yoder Page 5, line 22, strike ‘‘section 4A(a)’’ and Cuellar Loebsack Speier Lucas Rogers (AL) Young (AK) insert ‘‘subsections (a) and (g) of section Cummings Lofgren, Zoe Stark Luetkemeyer Rogers (KY) Young (FL) 4A’’. Davis (CA) Lowey Sutton Lummis Rogers (MI) Young (IN) Page 11, line 20, strike the quotation mark ´ Davis (IL) Lujan Thompson (CA) and following period and insert after such DeFazio Lynch Thompson (MS) NOT VOTING—10 DeGette Maloney Tierney line the following: DeLauro Markey Tonko Austria Filner Ruppersberger ‘‘(g) PROHIBITION ON INTERMEDIARY DOING Deutch Matheson Towns Bachmann Giffords Ryan (OH) BUSINESS WITH IRAN.— Dicks Matsui Tsongas Bilirakis Issa ‘‘(1) IN GENERAL.—For purposes of section Dingell McCarthy (NY) Van Hollen Braley (IA) Murphy (CT) 4(6), a person acting as an intermediary in a Doggett McCollum Vela´ zquez b 1743 transaction involving the issuance of securi- Donnelly (IN) McDermott Visclosky ties may not, directly or indirectly— Doyle McGovern Walz (MN) Ms. HERRERA BEUTLER, Messrs. ‘‘(A) own any share or interest in a person Edwards McIntyre Wasserman CANSECO, BURTON of Indiana, Ellison McNerney Schultz doing business with the Government of Iran; Engel Meeks Waters LANDRY, Mrs. LUMMIS, and Mrs. or Eshoo Michaud Watt MCMORRIS RODGERS changed their ‘‘(B) be affiliated with any person who is, Farr Miller (NC) Waxman vote from ‘‘aye’’ to ‘‘no.’’ or who directly or indirectly owns any share Fattah Miller, George Welch So the amendment was rejected. or interest in a person who is, doing business Frank (MA) Moore Wilson (FL) with the Government of Iran. Fudge Moran Woolsey The result of the vote was announced ‘‘(2) CONSTRUCTION.—For purposes of this Garamendi Nadler Yarmuth as above recorded. subsection, the term ‘Government of Iran’ NOES—234 Stated for: shall include any agent or instrumentality Adams Bucshon DesJarlais Mr. FILNER. Mr. Speaker, On rollcall No. owned or controlled by the Government of Aderholt Buerkle Diaz-Balart 823, I was away from the Capitol due to prior Iran.’’. Akin Burgess Dold commitments to my constituents. Had I been The SPEAKER pro tempore. The gen- Alexander Burton (IN) Dreier present, I would have voted ‘‘aye.’’ Amash Calvert Duffy tleman from New Jersey is recognized Amodei Camp Duncan (SC) The Acting CHAIR. The question is for 5 minutes. Bachus Campbell Duncan (TN) on the committee amendment in the Mr. HOLT. Mr. Speaker, at the out- Barletta Canseco Ellmers nature of a substitute, as amended. set, I want to make one thing clear, Bartlett Cantor Emerson Barton (TX) Capito Farenthold The amendment was agreed to. which is that the passage of this Bass (NH) Carter Fincher The Acting CHAIR. Under the rule, amendment will not prevent the pas- Benishek Cassidy Fitzpatrick the Committee rises. sage of the underlying bill. If this Berg Chabot Flake Accordingly, the Committee rose; Biggert Chaffetz Fleischmann amendment were to be adopted, it Bilbray Coble Fleming and the Speaker pro tempore (Mr. would be incorporated into the bill, and Bishop (UT) Coffman (CO) Flores CHAFFETZ) having assumed the chair, the bill would be immediately voted Black Cole Forbes Mrs. MILLER of Michigan, Acting Chair upon. Blackburn Conaway Fortenberry Bonner Cravaack Foxx of the Committee of the Whole House As written, Mr. Speaker, the under- Bono Mack Crawford Franks (AZ) on the state of the Union, reported that lying bill would not prevent potential Boustany Crenshaw Frelinghuysen that Committee, having had under con- beneficiaries of this act from doing Brady (TX) Culberson Gallegly sideration the bill (H.R. 2930) to amend business with the Government of Iran, Brooks Davis (KY) Gardner Broun (GA) Denham Garrett the securities laws to provide for reg- whose rogue actions threaten our in- Buchanan Dent Gerlach istration exemptions for certain terests and, through their terrorist

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.107 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7310 CONGRESSIONAL RECORD — HOUSE November 3, 2011 intermediaries, the interests of our tion. This issue was not raised. We had Clarke (NY) Israel Polis ally Israel. It’s a gaping loophole that a subcommittee legislative hearing. Clay Jackson (IL) Price (NC) Cleaver Jackson Lee Quigley this final amendment would close. This issue was not raised. We had a Clyburn (TX) Rahall The U.S. has a comprehensive embar- subcommittee markup. This issue was Cohen Johnson (GA) Rangel go against the Government of Iran. Re- not raised. We had a full committee Connolly (VA) Johnson, E. B. Reyes cent events have reminded us exactly markup where we incorporated every Conyers Kaptur Richardson Cooper Keating Richmond how clever the agents of the Govern- Democrat idea into this legislation. It Costa Kildee Ross (AR) ment of Iran can be in circumventing is outrageous for the minority party to Costello Kind Rothman (NJ) U.S. and international law in an effort stoop to this level of taking our impor- Courtney Kissell Roybal-Allard Critz Kucinich Rush to keep funds flowing to the Iranian tant national security issues— Crowley Langevin Ryan (OH) clerical dictatorship. We saw that in Cuellar Larsen (WA) Through hours of debate and crafting Sa´ nchez, Linda Cummings Larson (CT) the debate last week over a mining bill, a bipartisan bill, I thought they were T. Davis (CA) Lee (CA) Sanchez, Loretta during which a link between an Amer- better than that. I did. I thought we Davis (IL) Levin ican company and an Iran foreign in- could get through this and pass this DeFazio Lewis (GA) Sarbanes vestment company was discussed at DeGette Lipinski Schakowsky bill. The President announced his sup- Schiff length. port. A statement of administrative DeLauro Loebsack Deutch Lofgren, Zoe Schrader Last week, our colleague from Flor- policy says, Pass this bill. He says, We Dicks Lowey Schwartz ida (Mr. DEUTCH) offered the Repub- can’t wait. And what does his party in Dingell Luja´ n Scott (VA) lican majority an opportunity to close Congress do? Offer an amendment that Doggett Lynch Scott, David the loopholes in the mining bill that Donnelly (IN) Maloney Serrano is already existing law. It is outrageous Doyle Markey Sewell could benefit Iranian entities. Regret- to play this political stunt with some- Edwards Matheson Sherman tably, that amendment was defeated on thing so important as our national se- Engel Matsui Shuler a party-line vote. curity. Eshoo McCarthy (NY) Sires I come to offer the majority another Farr McCollum Slaughter I ask my colleague to withdraw this Fattah McDermott Smith (WA) chance. motion to recommit so we can get to Frank (MA) McGovern Speier The bill on the floor today would final passage and get going. Fudge McIntyre Stark leave the door open to similar abuses. Will my colleague withdraw? Garamendi McNerney Sutton This final amendment would close any Gonzalez Meeks Thompson (CA) Mr. HOLT. Is the gentleman seeking Green, Al Michaud loopholes in the embargo by targeting Thompson (MS) to yield time to me? Green, Gene Miller (NC) Tierney Grijalva Miller, George intermediaries—those who run Web Mr. MCHENRY. Will the gentleman Tonko Gutierrez Moore sites or act as broker-dealers—who are Towns withdraw, yes or no? Hahn Moran Tsongas seeking to provide help to unaffiliated Mr. HOLT. If this is such a non- Hanabusa Nadler issuers to do business around the globe. Hastings (FL) Napolitano Van Hollen controversial amendment, I ask the ´ This final amendment mandates that Heinrich Neal Velazquez gentleman to accept it. Visclosky those who want to benefit from the Higgins Olver Mr. MCHENRY. Reclaiming my time, Walz (MN) provisions of this bill must not have Himes Owens I ask my colleagues, do you want to Hinchey Pallone Wasserman any interest in doing business with the Schultz allow small businesses that are starved Hinojosa Pascrell Government of Iran. Furthermore, Hirono Pastor (AZ) Waters for capital to raise capital? Do you Watt they cannot be affiliated with any per- Hochul Payne want to allow that to happen? Then Holden Pelosi Waxman son who is doing business directly or vote this down. Let’s get to final pas- Holt Perlmutter Welch indirectly with the Government of Honda Peters Wilson (FL) sage. Let’s get this economy moving. Iran. Hoyer Peterson Woolsey We can’t wait. Yes, Mr. Speaker, this is a serious Inslee Pingree (ME) Yarmuth I yield back the balance of my time. amendment. The SPEAKER pro tempore. Without NOES—237 b 1750 objection, the previous question is or- Adams Conaway Griffin (AR) dered on the motion to recommit. Aderholt Cravaack Griffith (VA) This final amendment is really a Akin Crawford Grimm commonsense safeguard measure. We There was no objection. Alexander Crenshaw Guinta all know that money is fungible, in- The SPEAKER pro tempore. The Amash Culberson Guthrie cluding securities. We all know that question is on the motion to recommit. Amodei Davis (KY) Hall Bachus Denham Hanna Iran’s dictatorial regime is feeling the The question was taken; and the Barletta Dent Harper pinch from the sanctions the United Speaker pro tempore announced that Bartlett DesJarlais Harris States has already imposed. The rad- the noes appeared to have it. Barton (TX) Diaz-Balart Hartzler Bass (NH) Dold Hastings (WA) ical clerics that control Iran’s govern- RECORDED VOTE Benishek Dreier Hayworth ment are constantly searching to get Mr. HOLT. Mr. Speaker, I demand a Berg Duffy Heck the money and goods they need to stay recorded vote. Biggert Duncan (SC) Hensarling in power and to threaten our interests Bilbray Duncan (TN) Herger A recorded vote was ordered. Bilirakis Ellmers Herrera Beutler and, through their terrorist inter- The SPEAKER pro tempore. Pursu- Bishop (UT) Emerson Huelskamp mediaries, threaten the interests of our ant to clause 8 and clause 9 of rule XX, Black Farenthold Huizenga (MI) allies in Israel. Without this final this 15-minute vote on the motion to Blackburn Fincher Hultgren Bonner Fitzpatrick Hunter amendment, this bill would provide recommit will be followed by 5-minute Bono Mack Flake Hurt them with a possible opening to do so. votes on passage of H.R. 2930, if or- Boustany Fleischmann Jenkins This final amendment to the bill will dered, and adoption of amendment No. Brady (TX) Fleming Johnson (IL) help slam shut the door for that op- Brooks Flores Johnson (OH) 1 to H.R. 2940 by Mr. MILLER of North Broun (GA) Forbes Johnson, Sam tion. Carolina. Buchanan Fortenberry Jones I urge all of us to support this final The vote was taken by electronic de- Bucshon Foxx Jordan amendment to the bill, and I yield back vice, and there were—ayes 187, noes 237, Buerkle Franks (AZ) Kelly the balance of my time. Burgess Frelinghuysen King (IA) not voting 9, as follows: Burton (IN) Gallegly King (NY) Mr. MCHENRY. Mr. Speaker, I with- [Roll No. 824] Calvert Gardner Kingston draw my point of order. Camp Garrett Kinzinger (IL) AYES—187 The SPEAKER pro tempore. The gen- Campbell Gerlach Kline tleman withdraws the point of order. Ackerman Bishop (GA) Capuano Canseco Gibbs Labrador Altmire Bishop (NY) Cardoza Cantor Gibson Lamborn Mr. MCHENRY. I rise in opposition to Andrews Blumenauer Carnahan Capito Gingrey (GA) Lance the motion. Baca Boren Carney Carter Gohmert Landry The SPEAKER pro tempore. The gen- Baldwin Boswell Carson (IN) Cassidy Goodlatte Lankford tleman from North Carolina is recog- Barrow Brady (PA) Castor (FL) Chabot Gosar Latham Bass (CA) Braley (IA) Chandler Chaffetz Gowdy LaTourette nized for 5 minutes. Becerra Brown (FL) Chu Coble Granger Latta Mr. MCHENRY. We have had two sub- Berkley Butterfield Cicilline Coffman (CO) Graves (GA) Lewis (CA) committee hearings on capital forma- Berman Capps Clarke (MI) Cole Graves (MO) LoBiondo

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.110 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7311 Long Pence Sensenbrenner Brooks Gonzalez Marino Sarbanes Smith (TX) Walden Lucas Petri Sessions Broun (GA) Goodlatte Matheson Scalise Smith (WA) Walsh (IL) Luetkemeyer Pitts Shimkus Brown (FL) Gosar Matsui Schiff Southerland Walz (MN) Lummis Platts Shuster Buchanan Gowdy McCarthy (CA) Schilling Speier Wasserman Lungren, Daniel Poe (TX) Smith (NE) Bucshon Granger McCarthy (NY) Schmidt Stark Schultz E. Pompeo Smith (NJ) Buerkle Graves (GA) McCaul Schock Stearns Waters Mack Posey Smith (TX) Burgess Graves (MO) McClintock Schrader Stivers Waxman Manzullo Price (GA) Southerland Burton (IN) Green, Al McCollum Schwartz Stutzman Webster Marchant Quayle Schweikert Sullivan Stearns Calvert Green, Gene McCotter Welch Marino Reed Scott (SC) Sutton Stivers Camp Griffin (AR) McDermott West McCarthy (CA) Rehberg Campbell Griffith (VA) McGovern Scott (VA) Terry Stutzman Westmoreland McCaul Reichert Canseco Grijalva McHenry Scott, Austin Thompson (CA) Sullivan Whitfield McClintock Renacci Cantor Grimm McIntyre Scott, David Thompson (MS) Terry Wilson (FL) McCotter Ribble Capito Guinta McKeon Sensenbrenner Thompson (PA) Thompson (PA) Wilson (SC) McHenry Rigell Thornberry Capps Guthrie McKinley Serrano Thornberry McKeon Rivera Sessions Tiberi Wittman Tiberi Cardoza Gutierrez McMorris McKinley Roby Sewell Tipton Wolf Tipton Carnahan Hahn Rodgers McMorris Roe (TN) Sherman Tonko Womack Turner (NY) Carney Hall McNerney Rodgers Rogers (AL) Shimkus Towns Woodall Turner (OH) Carson (IN) Hanabusa Meehan Meehan Rogers (KY) Shuler Tsongas Woolsey Upton Carter Hanna Meeks Mica Rogers (MI) Shuster Turner (NY) Yarmuth Walberg Cassidy Harper Mica Miller (FL) Rohrabacher Simpson Turner (OH) Yoder Walden Castor (FL) Harris Michaud Miller (MI) Rokita Sires Upton Young (AK) Walsh (IL) Chabot Hartzler Miller (FL) Miller, Gary Rooney Chaffetz Hastings (FL) Miller (MI) Slaughter Van Hollen Young (FL) Mulvaney Ros-Lehtinen Webster Smith (NE) Vela´ zquez West Chandler Hastings (WA) Miller, Gary Young (IN) Murphy (PA) Roskam Chu Hayworth Miller, George Smith (NJ) Walberg Myrick Ross (FL) Westmoreland Whitfield Cicilline Heck Moore NOES—17 Neugebauer Royce Clarke (MI) Heinrich Moran Noem Runyan Wilson (SC) Ackerman Kildee Olver Wittman Clarke (NY) Hensarling Mulvaney Nugent Ryan (WI) Murphy (PA) Butterfield Kucinich Price (NC) Wolf Clay Herger Nunes Scalise Cleaver Herrera Beutler Myrick Capuano Lewis (GA) Schakowsky Nunnelee Schilling Womack Clyburn Higgins Nadler Cummings Lynch Tierney Olson Schmidt Woodall Coble Himes Napolitano Dingell Markey Watt Palazzo Schock Yoder Coffman (CO) Hinchey Neal Edwards Miller (NC) Paul Schweikert Young (AK) Cohen Hinojosa Neugebauer Paulsen Scott (SC) Young (FL) NOT VOTING—9 Cole Hirono Noem Pearce Scott, Austin Young (IN) Conaway Hochul Nugent Austria Garamendi Murphy (CT) NOT VOTING—9 Connolly (VA) Holden Nunes Bachmann Giffords Ruppersberger Conyers Holt Nunnelee Filner Issa Visclosky Austria Filner Murphy (CT) Cooper Honda Olson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bachmann Giffords Ruppersberger Costa Hoyer Owens Ellison Issa Simpson Costello Huelskamp Palazzo The SPEAKER pro tempore (during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Courtney Huizenga (MI) Pallone the vote). There is 1 minute remaining. Cravaack Hultgren Pascrell The SPEAKER pro tempore (during Crawford Hunter Pastor (AZ) b 1818 the vote). There are 2 minutes remain- Crenshaw Hurt Paul ing. Critz Inslee Paulsen Ms. EDWARDS and Mr. Crowley Israel Payne BUTTERFIELD changed their vote Cuellar Jackson (IL) Pearce from ‘‘aye’’ to ‘‘no.’’ b 1811 Culberson Jackson Lee Pelosi Davis (CA) (TX) Pence So the bill was passed. Mr. ROHRABACHER changed his Davis (IL) Jenkins Perlmutter The result of the vote was announced vote from ‘‘aye’’ to ‘‘no.’’ Davis (KY) Johnson (GA) Peters as above recorded. So the motion to recommit was re- DeFazio Johnson (IL) Peterson A motion to reconsider was laid on jected. DeGette Johnson (OH) Petri DeLauro Johnson, E. B. Pingree (ME) the table. The result of the vote was announced Denham Johnson, Sam Pitts Stated for: as above recorded. Dent Jones Platts Mr. FILNER. Mr. Speaker, on rollcall No. Stated for: DesJarlais Jordan Poe (TX) Deutch Kaptur Polis 825, I was away from the Capitol due to prior Mr. FILNER. Mr. Speaker, on rollcall No. Diaz-Balart Keating Pompeo commitments to my constituents. Had I been 824, I was away from the Capitol due to prior Dicks Kelly Posey present I would have voted ’’aye.’’ commitments to my constituents. Had I been Doggett Kind Price (GA) present, I would have voted ‘‘aye.’’ Dold King (IA) Quayle f Donnelly (IN) King (NY) Quigley The SPEAKER pro tempore. The Doyle Kingston Rahall ACCESS TO CAPITAL FOR JOB question is on the passage of the bill. Dreier Kinzinger (IL) Rangel CREATORS ACT The question was taken; and the Duffy Kissell Reed Speaker pro tempore announced that Duncan (SC) Kline Rehberg The SPEAKER pro tempore. The un- Duncan (TN) Labrador Reichert finished business is the vote on adop- the ayes appeared to have it. Ellison Lamborn Renacci tion of amendment No. 1 printed in RECORDED VOTE Ellmers Lance Reyes Emerson Landry Ribble part B of House Report 112–265 by the Mr. MCHENRY. Mr. Speaker, I de- Engel Langevin Richardson gentleman from North Carolina (Mr. mand a recorded vote. Eshoo Lankford Richmond Farenthold Larsen (WA) Rigell MILLER) on which the yeas and nays A recorded vote was ordered. were ordered. The SPEAKER pro tempore. This Farr Larson (CT) Rivera Fattah Latham Roby The Clerk will redesignate the will be a 5-minute vote. Fincher LaTourette Roe (TN) amendment. Fitzpatrick Latta Rogers (AL) The vote was taken by electronic de- The Clerk redesignated the amend- vice, and there were—ayes 407, noes 17, Flake Lee (CA) Rogers (KY) Fleischmann Levin Rogers (MI) ment. not voting 9, as follows: Fleming Lewis (CA) Rohrabacher The SPEAKER pro tempore. The [Roll No. 825] Flores Lipinski Rokita Forbes LoBiondo Rooney question is on the amendment. AYES—407 Fortenberry Loebsack Ros-Lehtinen This is a 5-minute vote. Adams Bartlett Bishop (NY) Foxx Lofgren, Zoe Roskam The vote was taken by electronic de- Aderholt Barton (TX) Bishop (UT) Frank (MA) Long Ross (AR) vice, and there were—yeas 190, nays Akin Bass (CA) Black Franks (AZ) Lowey Ross (FL) Alexander Bass (NH) Blackburn Frelinghuysen Lucas Rothman (NJ) 234, not voting 9, as follows: Altmire Becerra Blumenauer Fudge Luetkemeyer Roybal-Allard [Roll No. 826] Amash Benishek Bonner Gallegly Luja´ n Royce Amodei Berg Bono Mack Gardner Lummis Runyan YEAS—190 Andrews Berkley Boren Garrett Lungren, Daniel Rush Ackerman Bass (CA) Blumenauer Baca Berman Boswell Gerlach E. Ryan (OH) Altmire Becerra Boswell Bachus Biggert Boustany Gibbs Mack Ryan (WI) Andrews Berkley Brady (PA) Baldwin Bilbray Brady (PA) Gibson Maloney Sa´ nchez, Linda Baca Berman Braley (IA) Barletta Bilirakis Brady (TX) Gingrey (GA) Manzullo T. Baldwin Bishop (GA) Brown (FL) Barrow Bishop (GA) Braley (IA) Gohmert Marchant Sanchez, Loretta Barrow Bishop (NY) Butterfield

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.034 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7312 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Capps Hinchey Pelosi Kinzinger (IL) Nugent Schock in connection with a financial transaction, Capuano Hinojosa Perlmutter Kline Nunes Schweikert including predatory lending to a veteran’’. Cardoza Hirono Peters Labrador Nunnelee Scott (SC) Carnahan Hochul Peterson Lamborn Olson Scott, Austin Mr. DEFAZIO (during the reading). Carney Holden Pingree (ME) Lance Palazzo Sensenbrenner Mr. Speaker, I ask unanimous consent Carson (IN) Holt Platts Landry Paul Sessions to dispense with the reading of the Castor (FL) Honda Polis Lankford Paulsen Shimkus Latham Pearce amendment. Chandler Hoyer Price (NC) Shuler The SPEAKER pro tempore. Is there Chu Inslee Quigley LaTourette Pence Shuster Cicilline Israel Rahall Latta Petri Simpson objection to the request of the gen- Clarke (MI) Jackson (IL) Rangel Lewis (CA) Pitts Smith (NE) tleman from Oregon? Long Poe (TX) Clarke (NY) Jackson Lee Reyes Smith (NJ) There was no objection. Clay (TX) Lucas Pompeo Richardson Smith (TX) C Cleaver Johnson (GA) Luetkemeyer Posey Mr. M CARTHY of California. Mr. Richmond Southerland Speaker, I reserve a point of order. Clyburn Johnson, E. B. Lummis Price (GA) Stivers Rothman (NJ) Lungren, Daniel Quayle Cohen Jones Sullivan The SPEAKER pro tempore. A point Roybal-Allard E. Reed Connolly (VA) Kaptur Terry of order is reserved. Conyers Keating Rush Mack Rehberg Thompson (PA) The gentleman from Oregon is recog- Costa Kildee Ryan (OH) Manzullo Reichert Thornberry Costello Kind Sa´ nchez, Linda Marchant Renacci nized for 5 minutes. Tiberi Courtney Kissell T. Marino Ribble Mr. DEFAZIO. Mr. Speaker, I asked Tipton Critz Kucinich Sanchez, Loretta Matheson Rigell Turner (NY) to have the reading suspended because Crowley Langevin Sarbanes McCarthy (CA) Rivera I want to expedite things. Cuellar Larsen (WA) Schakowsky McCaul Roby Turner (OH) Cummings Larson (CT) Schiff McClintock Roe (TN) Upton I listened to the debate over the pre- Davis (CA) Lee (CA) Schrader McCotter Rogers (AL) Walberg vious motion to reconsider. I’d just Davis (IL) Levin Schwartz McHenry Rogers (KY) Walden like to address a couple of points in ad- Walsh (IL) DeFazio Lewis (GA) Scott (VA) McKeon Rogers (MI) vance. McKinley Rohrabacher Webster DeGette Lipinski Scott, David This will not delay the bill. In fact, if DeLauro LoBiondo Serrano McMorris Rokita West Dent Loebsack Sewell Rodgers Rooney Westmoreland we adopt this motion by voice vote, we Deutch Lofgren, Zoe Sherman Meehan Ros-Lehtinen Whitfield can move directly on to passage of the Dicks Lowey Sires Mica Roskam Wilson (SC) legislation, which I believe enjoys Dingell Luja´ n Slaughter Miller (FL) Ross (AR) Wittman Wolf broad bipartisan support. Doggett Lynch Smith (WA) Miller (MI) Ross (FL) Womack Donnelly (IN) Maloney Speier Miller, Gary Royce Now, I know we all have tremendous Mulvaney Runyan Woodall Doyle Markey Stark pride of authorship in legislation we Duncan (TN) Matsui Murphy (PA) Ryan (WI) Yoder Stearns write or we move to the floor, and Edwards McCarthy (NY) Myrick Scalise Young (AK) Sutton Ellison McCollum Neugebauer Schilling Young (FL) that’s to be understood, but sometimes Thompson (CA) Engel McDermott Noem Schmidt Young (IN) Thompson (MS) bills are not quite perfect. And I would Eshoo McGovern look at this amendment, which nar- Farr McIntyre Tierney NOT VOTING—9 Tonko Fattah McNerney Austria Filner Murphy (CT) rows the scope of the bill, that is, it Towns Fitzpatrick Meeks Bachmann Giffords Ruppersberger says basically that we’re opening up a Fortenberry Michaud Tsongas Burton (IN) Issa Stutzman Van Hollen new way for small business and other Frank (MA) Miller (NC) undertakings to offer a share of stock Fudge Miller, George Vela´ zquez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Garamendi Moore Visclosky The SPEAKER pro tempore (during in their business to the public in order Walz (MN) Gonzalez Moran the vote). There is 1 minute remaining. to raise capital and grow and employ Green, Al Nadler Wasserman Schultz folks. That’s great, and I think every- Green, Gene Napolitano 1825 Grijalva Neal Waters b body here supports that. However, I Gutierrez Olver Watt So the amendment was rejected. think that we should adopt one minor Hahn Owens Waxman The result of the vote was announced restriction to that, one that would nar- Hanabusa Pallone Welch row the scope of the bill, and it’s quite Hastings (FL) Pascrell Wilson (FL) as above recorded. Heinrich Pastor (AZ) Woolsey A motion to reconsider was laid on simple. It just says that these new Higgins Payne Yarmuth the table. rules apply to everyone, except for per- sons who have been convicted of fraud NAYS—234 Stated for: Mr. FILNER. Mr. Speaker, On rollcall No. in connection with a financial trans- Adams Chabot Gohmert action, including predatory lending to Aderholt Chaffetz Goodlatte 826, I was away from the Capitol due to prior Akin Coble Gosar commitments to my constituents. Had I been a veteran. Alexander Coffman (CO) Gowdy present, I would have voted ‘‘yea.’’ Now, it seems to me that there Amash Cole Granger The SPEAKER pro tempore. The should be unanimous support for that. Amodei Conaway Graves (GA) We want to open up this new vehicle Bachus Cooper Graves (MO) question is on the engrossment and Barletta Cravaack Griffin (AR) third reading of the bill. for small businesses and others to gain Bartlett Crawford Griffith (VA) The bill was ordered to be engrossed investors, but we certainly don’t want Barton (TX) Crenshaw Grimm and read a third time, and was read the to open it up to people convicted of Bass (NH) Culberson Guinta fraud in connection with a financial Benishek Davis (KY) Guthrie third time. transaction or predatory lending to a Berg Denham Hall MOTION TO RECOMMIT Biggert DesJarlais Hanna veteran. Bilbray Diaz-Balart Harper Mr. DEFAZIO. Mr. Speaker, I have a In fact, I’d just sort of poll the House Bilirakis Dold Harris motion to recommit at the desk. here and ask: Does anybody think that Bishop (UT) Dreier Hartzler The SPEAKER pro tempore. Is the we should allow those who were con- Black Duffy Hastings (WA) gentleman opposed to the bill? Blackburn Duncan (SC) Hayworth victed of fraud or predatory lending be Bonner Ellmers Heck Mr. DEFAZIO. I am in its current allowed to engage in this? If so, raise Bono Mack Emerson Hensarling form. your hand. Boren Farenthold Herger The SPEAKER pro tempore. The Boustany Fincher Herrera Beutler Okay. I don’t see anyone raising Brady (TX) Flake Himes Clerk will report the motion to recom- their hand, so I would hope that we can Brooks Fleischmann Huelskamp mit. move along very quickly to this Broun (GA) Fleming Huizenga (MI) The Clerk read as follows: Buchanan Flores Hultgren amendment and adopt it by voice vote. Bucshon Forbes Hunter Mr. DeFazio moves to recommit the bill, It is narrowing the scope, it’s a com- Buerkle Foxx Hurt H.R. 2940, to the Committee on Financial monsense amendment, and it just ad- Burgess Franks (AZ) Jenkins Services with instructions to report the dresses the potential for abuse for Calvert Frelinghuysen Johnson (IL) same back to the House forthwith with the Camp Gallegly Johnson (OH) following amendment: those who have a proven record of Campbell Gardner Johnson, Sam Page 4, line 9, insert before the period the fraud due to conviction. Canseco Garrett Jordan With that, I yield back the balance of Cantor Gerlach Kelly following: ‘‘, and that the person offering or Capito Gibbs King (IA) selling such securities utilizing the general my time. Carter Gibson King (NY) advertising or general solicitation permitted Mr. MCCARTHY of California. Mr. Cassidy Gingrey (GA) Kingston by such rules has not been convicted of fraud Speaker, I withdraw my reservation.

VerDate Mar 15 2010 05:00 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.038 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7313 The SPEAKER pro tempore. The gen- There was no objection. Bilirakis Hall Petri tleman’s reservation is withdrawn. Bishop (UT) Hanna Pitts The SPEAKER pro tempore. The Black Harper Platts Mr. MCCARTHY of California. Mr. question is on the motion to recommit. Blackburn Harris Poe (TX) Speaker, I rise in opposition to the mo- The question was taken; and the Bonner Hartzler Pompeo tion. Speaker pro tempore announced that Bono Mack Hastings (WA) Posey The SPEAKER pro tempore. The gen- Boustany Hayworth Price (GA) the noes appeared to have it. Brady (TX) Heck Quayle tleman is recognized for 5 minutes. RECORDED VOTE Brooks Hensarling Reed Mr. MCCARTHY of California. It Broun (GA) Herger Rehberg Mr. DEFAZIO. Mr. Speaker, I demand never ceases to amaze me. Not once, Buchanan Herrera Beutler Reichert Bucshon Huelskamp but twice today you have just taken a recorded vote. Renacci A recorded vote was ordered. Buerkle Huizenga (MI) Ribble two bills on the floor that have been Burgess Hultgren Rigell through subcommittee and full com- The SPEAKER pro tempore. Pursu- Burton (IN) Hunter Rivera Calvert Hurt ant to clause 9 of rule XX, the Chair Roby mittee unanimously and came down. Camp Jenkins will reduce to 5 minutes the minimum Roe (TN) This bill accepted every single Campbell Johnson (IL) Rogers (AL) time for any electronic vote on the Canseco Johnson (OH) amendment that came to rules. This Rogers (KY) Cantor Johnson, Sam bill accepted MAXINE WATERS’ amend- question of passage. Rogers (MI) The vote was taken by electronic de- Capito Jordan ment in the committee. Had the gen- Carter Kelly Rohrabacher tleman listened to the debate on the vice, and there were—ayes 190, noes 236, Cassidy King (IA) Rokita not voting 7, as follows: Chabot King (NY) Rooney floor, you would have heard from your Ros-Lehtinen [Roll No. 827] Chaffetz Kingston side of the aisle support of this bill. Coble Kinzinger (IL) Roskam Had the gentleman talked and listened AYES—190 Coffman (CO) Kline Ross (FL) Cole Labrador Royce about this bill itself, this has nothing Ackerman Garamendi Olver Conaway Lamborn Runyan to do about lending. Let me tell you Altmire Gonzalez Owens Cravaack Lance Ryan (WI) Andrews Green, Al why. Pallone Crawford Landry Scalise Baca Green, Gene Pascrell Crenshaw Lankford Schilling 1830 Baldwin Grijalva b Pastor (AZ) Culberson Latham Schmidt Barrow Gutierrez Payne Davis (KY) LaTourette Schock When I was 20 years old I started my Bass (CA) Hahn Pelosi Denham Latta Schweikert first small business. You know what Becerra Hanabusa Perlmutter Dent Lewis (CA) Scott (SC) Berkley Hastings (FL) the government does for a small busi- Peters DesJarlais LoBiondo Scott, Austin Berman Heinrich Peterson Diaz-Balart Long Sensenbrenner ness? If you’re someone like me and Bishop (GA) Higgins Pingree (ME) Dold Lucas you come from the wrong side of the Bishop (NY) Himes Sessions Polis Dreier Luetkemeyer Blumenauer Hinchey Shimkus tracks, they punish you. They tell you Price (NC) Duffy Lummis Boren Hinojosa Shuster you can’t go find money from an indi- Quigley Duncan (SC) Lungren, Daniel Boswell Hirono Simpson Ellmers E. vidual source unless you have a pre- Brady (PA) Hochul Rahall Smith (NE) Emerson Mack existing relationship. It dates back to Braley (IA) Holden Rangel Smith (NJ) Farenthold Manzullo Brown (FL) Holt Reyes Smith (TX) 1933. Fincher Marchant Butterfield Honda Richardson Southerland Fitzpatrick Marino The only thing that this bill does is Capps Hoyer Richmond Stearns Flake McCarthy (CA) correct that problem. It opens it up for Capuano Inslee Ross (AR) Stivers Fleischmann McCaul Cardoza Israel Rothman (NJ) Stutzman an individual that has to be accredited. Fleming McClintock Carnahan Jackson (IL) Roybal-Allard Sullivan This has nothing to do with lending. Flores McCotter Carney Jackson Lee Rush Terry Forbes McHenry I would tell the gentleman from the Carson (IN) (TX) Ryan (OH) Thompson (PA) Fortenberry McKeon other side of the aisle, maybe you are Castor (FL) Johnson (GA) Sa´ nchez, Linda Thornberry Foxx McKinley Chandler Johnson, E. B. T. Tiberi not used to a regular order and an open Franks (AZ) McMorris Chu Jones Sanchez, Loretta Tipton order because your side of the aisle did Frelinghuysen Rodgers Cicilline Kaptur Sarbanes Turner (NY) Gallegly Meehan not play that way in the majority. I Clarke (MI) Keating Schakowsky Gardner Mica Turner (OH) Clarke (NY) Kildee will tell you, the committee acted as Schiff Garrett Miller (FL) Upton Clay Kind the American people wanted it to, Schrader Gerlach Miller (MI) Walberg Cleaver Kissell Schwartz Gibbs Miller, Gary Walden unanimously, working on small busi- Clyburn Kucinich Scott (VA) Gibson Mulvaney Walsh (IL) ness and job creation. America’s look- Cohen Langevin Scott, David Gingrey (GA) Murphy (PA) Webster Connolly (VA) Larsen (WA) ing for partnership, not partisanship. Serrano Gohmert Myrick West Conyers Larson (CT) Mr. DEFAZIO. Will the gentleman Sewell Goodlatte Neugebauer Westmoreland Cooper Lee (CA) Sherman Gosar Noem Whitfield yield? Costa Levin Shuler Gowdy Nugent Wilson (SC) Mr. MCCARTHY of California. I will Costello Lewis (GA) Sires Granger Nunes Wittman Courtney Lipinski not yield. You did not take the time to Slaughter Graves (GA) Nunnelee Wolf Critz Loebsack Smith (WA) Graves (MO) Olson Womack read the bill, understand the bill, and Crowley Lofgren, Zoe Speier Griffin (AR) Palazzo Woodall you brought a motion that does not Cuellar Lowey Stark Griffith (VA) Paul Yoder Cummings Luja´ n deal with the bill. Sutton Grimm Paulsen Young (AK) Davis (CA) Lynch Thompson (CA) Guinta Pearce Young (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (IL) Maloney Thompson (MS) Guthrie Pence Young (IN) The SPEAKER pro tempore. The gen- DeFazio Markey Tierney tleman will suspend. All Members will DeGette Matheson NOT VOTING—7 DeLauro Matsui Tonko suspend. Deutch McCarthy (NY) Towns Austria Giffords Ruppersberger The Chair will remind the Members Dicks McCollum Tsongas Bachmann Issa to address their comments to the Dingell McDermott Van Hollen Filner Murphy (CT) Vela´ zquez Chair. Doggett McGovern ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Donnelly (IN) McIntyre Visclosky The gentleman from California may Doyle McNerney Walz (MN) The SPEAKER pro tempore (during resume. Duncan (TN) Meeks Wasserman the vote). There are 2 minutes remain- Mr. MCCARTHY of California. The Edwards Michaud Schultz ing. bill does one thing, the number one Ellison Miller (NC) Waters Engel Miller, George Watt b 1849 thing the American people are looking Eshoo Moore Waxman for: create more jobs, less partisanship, Farr Moran Welch So the motion to recommit was re- and more small businesses. Fattah Nadler Wilson (FL) jected. Frank (MA) Napolitano Woolsey The result of the vote was announced I urge my colleagues to reject this Fudge Neal Yarmuth motion to recommit and support the as above recorded. bill. NOES—236 Stated for: I yield back the balance of my time. Adams Amodei Bass (NH) Mr. FILNER. Mr. Speaker, on rollcall 827, I The SPEAKER pro tempore. Without Aderholt Bachus Benishek was away from the Capitol due to prior com- Akin Barletta Berg objection, the previous question is or- Alexander Bartlett Biggert mitments to my constituents. Had I been dered on the motion to recommit. Amash Barton (TX) Bilbray present, I would have voted ‘‘aye.’’

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\K03NO7.119 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7314 CONGRESSIONAL RECORD — HOUSE November 3, 2011 The SPEAKER pro tempore. The Lucas Pence Sensenbrenner AUTHORIZING THE CLERK TO question is on the passage of the bill. Luetkemeyer Perlmutter Serrano MAKE CORRECTIONS IN EN- Luja´ n Peters Sessions The question was taken; and the Lummis Peterson Sewell GROSSMENT OF H.R. 2930 AND Speaker pro tempore announced that Lungren, Daniel Petri Sherman H.R. 2940 the ayes appeared to have it. E. Pingree (ME) Shimkus Mack Pitts Shuler Mr. MCCARTHY of California. Mr. RECORDED VOTE Maloney Platts Shuster Speaker, I ask unanimous consent that Mr. MCCARTHY of California. Mr. Manzullo Poe (TX) Simpson in the engrossment of H.R. 2930 and Speaker, I demand a recorded vote. Marchant Polis Sires H.R. 2940, the Clerk be authorized to Marino Pompeo Slaughter A recorded vote was ordered. Matheson Posey Smith (NE) correct section numbers, punctuation, The SPEAKER pro tempore. This Matsui Price (GA) Smith (NJ) and cross-references and to make such will be a 5-minute vote. McCarthy (CA) Quayle Smith (TX) other technical and conforming McCarthy (NY) Quigley Smith (WA) The vote was taken by electronic de- McCaul Rahall Southerland changes as may be necessary to accu- vice, and there were—ayes 413, noes 11, McClintock Rangel Speier rately reflect the actions of the House. not voting 9, as follows: McCollum Reed Stark The SPEAKER pro tempore. Is there Stearns [Roll No. 828] McCotter Rehberg objection to the request of the gen- McDermott Reichert Stivers AYES—413 McGovern Renacci Stutzman tleman from California? Ackerman Connolly (VA) Guinta McHenry Reyes Sullivan There was no objection. McIntyre Ribble Sutton Adams Conyers Guthrie f Aderholt Cooper Gutierrez McKeon Richardson Terry Akin Costa Hahn McKinley Richmond Thompson (CA) APPOINTMENT OF MEMBERS TO McMorris Rigell Thompson (MS) Alexander Costello Hall CONGRESSIONAL-EXECUTIVE Altmire Courtney Hanabusa Rodgers Rivera Thompson (PA) Amash Cravaack Hanna McNerney Roby Thornberry COMMISSION ON THE PEOPLE’S Amodei Crawford Harper Meehan Roe (TN) Tiberi REPUBLIC OF CHINA Andrews Crenshaw Harris Meeks Rogers (AL) Tipton Baca Critz Hartzler Mica Rogers (KY) Tonko The SPEAKER pro tempore. The Bachus Crowley Hastings (FL) Michaud Rogers (MI) Towns Chair announces the Speaker’s ap- Baldwin Cuellar Hastings (WA) Miller (FL) Rohrabacher Tsongas pointment, pursuant to 22 U.S.C. 6913 Miller (MI) Rokita Turner (NY) Barletta Culberson Hayworth and the order of the House of January Barrow Cummings Heck Miller, Gary Rooney Turner (OH) Bartlett Davis (CA) Heinrich Miller, George Ros-Lehtinen Upton 5, 2011, of the following Members of the Barton (TX) Davis (IL) Hensarling Moore Roskam Van Hollen House to the Congressional-Executive Bass (CA) Davis (KY) Herger Moran Ross (AR) Vela´ zquez Commission on the People’s Republic Bass (NH) DeFazio Herrera Beutler Mulvaney Ross (FL) Walberg Becerra DeGette Higgins Murphy (PA) Rothman (NJ) Walden of China: Benishek DeLauro Himes Myrick Roybal-Allard Walsh (IL) Ms. KAPTUR, Ohio Berg Denham Hinchey Nadler Royce Walz (MN) Mr. HONDA, California Berkley Dent Hinojosa Napolitano Runyan Waters Berman DesJarlais Hirono Neal Ryan (OH) Watt f Biggert Deutch Hochul Neugebauer Ryan (WI) Waxman Bilbray Diaz-Balart Holden Noem Sa´ nchez, Linda Webster REPORT ON RESOLUTION PRO- Bilirakis Dicks Holt Nugent T. Welch VIDING FOR CONSIDERATION OF Bishop (GA) Doggett Honda Nunes Sanchez, Loretta West H.R. 2838, COAST GUARD AND Bishop (NY) Dold Hoyer Nunnelee Sarbanes Westmoreland Bishop (UT) Donnelly (IN) Huelskamp Olson Scalise Whitfield MARITIME TRANSPORTATION Black Doyle Huizenga (MI) Olver Schiff Wilson (SC) ACT OF 2011 Blackburn Dreier Hultgren Owens Schilling Wittman Blumenauer Duffy Hunter Palazzo Schmidt Wolf Mr. WEBSTER, from the Committee Bonner Duncan (SC) Hurt Pallone Schock Womack on Rules, submitted a privileged report Bono Mack Duncan (TN) Inslee Pascrell Schrader Woodall (Rept. No. 112–267) on the resolution (H. Boren Edwards Israel Pastor (AZ) Schwartz Woolsey Res. 455) providing for consideration of Boswell Ellison Jackson (IL) Paul Schweikert Yarmuth Boustany Ellmers Jackson Lee Paulsen Scott (SC) Yoder the bill (H.R. 2838) to authorize appro- Brady (PA) Emerson (TX) Payne Scott (VA) Young (AK) priations for the Coast Guard for fiscal Brady (TX) Engel Jenkins Pearce Scott, Austin Young (FL) years 2012 through 2015, and for other Braley (IA) Eshoo Johnson (GA) Pelosi Scott, David Young (IN) Brooks Farenthold Johnson (IL) purposes, which was referred to the Broun (GA) Farr Johnson (OH) NOES—11 House Calendar and ordered to be Brown (FL) Fattah Johnson, E. B. printed. Buchanan Fincher Johnson, Sam Capuano Markey Schakowsky Bucshon Fitzpatrick Jones Dingell Miller (NC) Tierney f Buerkle Flake Jordan Kucinich Price (NC) Visclosky Burgess Fleischmann Kaptur Lynch Rush THE U.S. ARMY’S 2011 SOLDIER OF Burton (IN) Fleming Keating THE YEAR Butterfield Flores Kelly NOT VOTING—9 Calvert Forbes Kildee (Mr. CHABOT asked and was given Austria Issa Wasserman Camp Fortenberry Kind permission to address the House for 1 Bachmann Murphy (CT) Schultz Campbell Foxx King (IA) Filner minute.) Canseco Frank (MA) King (NY) Ruppersberger Wilson (FL) Giffords Cantor Franks (AZ) Kingston Mr. CHABOT. Mr. Speaker, I am Capito Frelinghuysen Kinzinger (IL) proud to offer my enthusiastic con- Capps Fudge Kissell ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gratulations to Army Specialist Thom- Cardoza Gallegly Kline as Hauser for being named the Army’s Carnahan Garamendi Labrador The SPEAKER pro tempore (during Carney Gardner Lamborn the vote). There is 1 minute remaining. 2011 Soldier of the Year. Carson (IN) Garrett Lance Specialist Hauser is a native of my Carter Gerlach Landry district, Ohio’s First Congressional Cassidy Gibbs Langevin b 1855 Castor (FL) Gibson Lankford District. He is a 2008 graduate of Chabot Gingrey (GA) Larsen (WA) So the bill was passed. Colerain High School and is the son of Chaffetz Gohmert Larson (CT) Colerain Township residents Kim The result of the vote was announced Chandler Gonzalez Latham Ranson Hauser and Michael Hauser. Chu Goodlatte LaTourette as above recorded. Cicilline Gosar Latta Without question, Specialist Hauser Clarke (MI) Gowdy Lee (CA) A motion to reconsider was laid on has distinguished himself as the best of Clarke (NY) Granger Levin the table. the best. This Army-wide competition Clay Graves (GA) Lewis (CA) culminated in a final round of 12 sol- Cleaver Graves (MO) Lewis (GA) Stated for: Clyburn Green, Al Lipinski diers being tested on a wide array of Coble Green, Gene LoBiondo Mr. FILNER. Mr. Speaker, on rollcall 828, I skill sets, to include physical fitness, Coffman (CO) Griffin (AR) Loebsack was away from the Capitol due to prior com- urban warfare tactics, a day and night Cohen Griffith (VA) Lofgren, Zoe Cole Grijalva Long mitments to my constituents. Had I been land navigation course, battlefield sce- Conaway Grimm Lowey present, I would have voted ‘‘aye.’’ nario tests, and a variety of drills.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.123 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7315 Specialist Hauser serves his country he and his company were sent to re- cerned, I am only going to go a couple as a proud member of the 563rd Mili- cover a missing reconnaissance team. of minutes to talk about why I have tary Police Company, of the 91st Mili- Coming under heavy Vietnamese at- been coming to the floor once each tary Police Battalion, and of the 10th tack, McNerney was wounded by a gre- week for a whole debate on high-level Mountain Division at Fort Drum, New nade, and his commander was killed. nuclear waste and a national reposi- York. Nonetheless, McNerney continued the tory that is defined in law, a law Congratulations to Specialist Thom- fight, calling in close artillery fire. He passed in 1982 that that national repos- as Hauser on this great accomplish- destroyed an enemy machine gun, he itory would be at Yucca Mountain. So ment. You’ve made all the folks back pulled wounded to safety, he secured a I have been going through a geography home in Cincinnati proud. landing zone for medical helicopters, lesson about where we have nuclear and he refused to be evacuated himself. f waste in this country, comparing it to His actions stopped the enemy advance the site at Yucca Mountain, and then IN HONOR OF PENN STATE’S and saved his own men’s lives. His addressing the positions of our col- FOOTBALL COACH, JOE PATERNO valor earned First Sergeant McNerney leagues on the Senate side from those (Mr. THOMPSON of Pennsylvania the Congressional Medal of Honor, and affected States. asked and was given permission to ad- it was presented to him by President The House has spoken on Yucca dress the House for 1 minute and to re- Lyndon Baines Johnson. Then McNer- Mountain again this year in a vote in vise and extend his remarks.) ney volunteered yet again for a fourth which 297 of my colleagues joined me in Mr. THOMPSON of Pennsylvania. I tour of duty in Vietnam. ensuring that we had enough money to After serving in the Army and the rise today to honor one of the legends finish the scientific study to finally Navy, McNerney returned to Crosby, of college football, Penn State’s foot- bring closure to Yucca Mountain and, Texas. And last year, my friend First ball coach, Joe Paterno, who this past if the science is sound, then start mov- Sergeant McNerney died in Texas, still weekend scored his 409th victory as a patriot. Mr. Speaker, where does ing high-level nuclear waste from all head coach. The win took place on a America get such men as these, these over this country to a single reposi- snowy State College afternoon where warriors, this rare breed, these Ameri- tory. So today I come to the floor to the Nittany Lions defeated the Univer- cans? highlight another location. sity of Illinois. And that’s just the way it is. This is Yucca Mountain. And I want With this past weekend’s win, f to remind folks that Yucca Mountain Paterno becomes the winningest coach has no nuclear waste onsite right now. in Division I football. As if this accom- GUILLERMO FARINAS The waste, once it gets to Yucca Moun- plishment weren’t extraordinary by (Mr. RIVERA asked and was given tain, will be stored 1,000 feet under- itself, it is important to note that all permission to address the House for 1 ground. The nuclear waste will be 1,000 409 wins have come under the head minute and to revise and extend his re- feet above the groundwater. And Yucca coach of one school—Penn State. marks.) Mountain is 100 miles from the Colo- Starting his football coaching career Mr. RIVERA. Mr. Speaker, I rise to rado River. So it’s pretty far. It’s in a at Penn State in 1950 as an assistant inform my colleagues of yet more beat- mountain. It’s in a desert. It is pretty coach, Paterno’s tenure has spanned ings and arrests of opposition leaders far from ever being close to major bod- over 62 years. His 409-win and 136-loss by the Castro dictatorship in Cuba. ies of water. And what’s been inter- record is truly unrivaled, passing over Early this week, Guillermo Farinas, esting is, as we go around geographi- legendary coaches Bear Bryant of Ala- winner of the Sakharov Human Rights cally, we find that we have high-level bama, Bobby Bowden of Florida State, Award in 2010, was beaten and arrested nuclear waste right next to major riv- and Eddie Robinson of Grambling. by Castro’s thugs while visiting an- ers and major lakes throughout the From 1950 to today, Coach Paterno other dissident on a hunger strike at a country. has led his team with humility, class, hospital in the Santa Clara province. This is one of the most compelling and integrity. He’s truly one of a kind, According to his mother, Farinas was sites in our tour so far. This is a nu- but words can’t describe his tremen- not allowed into the hospital and was clear power plant in California called dous contributions to the Penn State arrested. A State security agent then San Onofre. And if you look at this— community. held him in place and beat him. yes, this is the ocean. Here is the nu- Farinas is a dissident journalist who Today, I stand to honor and recognize clear power plant. And yes, these are has advocated for a free press and Coach Paterno, the winningest coach waves that are coming up to the rocky against Internet censorship while also in Division I football history. shoreline and a concrete barrier that participating in various hunger strikes, Congratulations, Joe Paterno. leads to the nuclear power plant. f asking for the release of political pris- oners. On Monday, Cuban State secu- Now compare San Onofre with Yucca b 1900 rity officials also arrested prominent Mountain. There are 2,300 waste rods— dissidents Jorge Luiez Perez Garcia that’s nuclear waste rod material—on- PATRIOT AND MEDAL OF HONOR site here right next to the Pacific RECIPIENT FIRST SERGEANT ‘‘Antunez’’ and his wife Yris at the same hospital and proceeded to drag Ocean. There’s none at Yucca Moun- DAVID MCNERNEY, UNITED tain in the desert. The waste is stored STATES ARMY them through the street. While some across the world continue above the ground and in pools here. (Mr. POE of Texas asked and was to ignore the brutal reality of repres- The waste will be stored 1,000 feet un- given permission to address the House sion and human rights abuses in Cuba, derground at Yucca Mountain. The for 1 minute.) even pushing for appeasement of the waste here is adjacent to the Pacific Mr. POE of Texas. Mr. Speaker, as we Castro tyrants, these heroes continue Ocean. You can see the waves. Yucca near Veterans Day, I want to pay a spe- fighting for freedom and democracy. Mountain is in a desert, and it’s 100 cial tribute to my friend First Ser- Let us not forget their brave struggle. miles from the Colorado River. San geant David McNerney. Here is a pho- Onofre is 45 miles from San Diego. f tograph of him, here to my left. After Yucca Mountain is over 100 miles from high school in Houston, David volun- HIGH-LEVEL NUCLEAR WASTE Las Vegas, Nevada. So if you want to teered and enlisted in the United DISPOSAL compare and contrast where we should States Navy. He spent two tours of The SPEAKER pro tempore (Mr. have nuclear waste, would it be next to duty in Korea. And after leaving the FLEISCHMANN). Under the Speaker’s an- the Pacific Ocean? Or should it be in a Navy in 1953, he joined the United nounced policy of January 5, 2011, the desert underneath a mountain? I would States Army. In 1962, McNerney was gentleman from Illinois (Mr. SHIM- think most Americans and my col- one of the first 500 soldiers sent to KUS) is recognized for 60 minutes as leagues on the House floor agree, based Vietnam. During his third tour of duty the designee of the majority leader. upon our 297-vote total, that it should in Vietnam, he was stationed near the Mr. SHIMKUS. Mr. Speaker, before be in a geological repository under- Cambodian border. And in March of ’67, my freshman colleagues get too con- neath a mountain in a desert.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.125 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7316 CONGRESSIONAL RECORD — HOUSE November 3, 2011 So let’s look at the surrounding Sen- seems like common sense that we want cans who are unemployed. The number ators and what are their current posi- this waste not around fresh water, not of net jobs the economy has shed from tions as far as we can determine. Sen- around some of the urban areas, but in February 2009 when the stimulus was ator BOXER says that if the Yucca a place specifically designed, as Yucca signed into law, 2.2 million people los- project is constructed, there will be Mountain is. ing their work. The unemployment thousands of shipments of high-level Mr. SHIMKUS. Reclaiming my time, rate among job-seekers between the nuclear waste transported through as my colleagues know, Senator KIRK age of 16 and 19 is 24.6 percent. California. She voted ‘‘no’’ on Yucca is strongly in support of moving high- This country faces a crisis. It’s a cri- Mountain in 2002. Senator FEINSTEIN, level nuclear waste to Yucca Mountain. sis of jobs, and that’s what we have after Fukushima Daiichi, said, ‘‘I had Senator DURBIN said the right things. risen to the task to accomplish, to find always thought we didn’t need one. We just want him now to lead on that jobs and to make sure that we are cre- Yesterday’’—and that was the day after issue for the importance of the State of ating policies to get this country back the damage done because of the tsu- Illinois. to work. The House of Representatives nami in Japan—‘‘yesterday candidly Another week I talked about the Sa- for the past 11 months has worked hard changed my mind.’’ She voted ‘‘no’’ to vannah River site, nuclear waste right to pass legislation to find ways to get Yucca in 2002. I think she might be re- on the Savannah River, and high- the private sector moving again. considering. lighted the Senators there. And now I I would start with a number of bills Senator MCCAIN voted ‘‘yes’’ in 2002. end up this week talking about Cali- that we’ve called the forgotten 15. The ‘‘I was absolutely opposed to its clo- fornia. This is not the only nuclear forgotten 15 are a number of bills that sure,’’ he said, referring to Yucca power plant that’s on the Pacific this House has passed, many with Mountain. ‘‘It’s absolutely ridiculous Ocean. There’s one in San Luis Obispo. strong bipartisan support, to get job to not have Yucca Mountain after de- I appreciate my colleagues allowing creators going again and to get the pri- veloping it over a 20-year process.’’ I me this time to do my weekly process vate sector invigorated and hiring once would agree with Senator MCCAIN. of talking about high-level nuclear again. One bill is Reducing Regulatory We’ve already spent $12.5 billion for waste. It’s the law of the land, and Burdens Act. My bill, H.R. 2021, No. 7 Yucca Mountain. I think it’s time that we’re going to continue to work hard on the list, this bill, if signed into law we finish the project. Senator KYL is until we get this done and we move and by the President, would create 54,000 quoted—these are the two Senators have a central repository for high-level jobs around the country, creating op- from Arizona, next to California—and nuclear waste in Las Vegas, in Nevada portunities to develop American en- he used this example of just everyday at Yucca Mountain. ergy and American energy security. residential waste. He says, ‘‘It is a lit- With that, Mr. Speaker, I yield back There are actually more bills. This is tle like saying since every Wednesday the balance of my time. just the beginning, and we’ve gotten 15. morning, everybody in my area of f The question I hear in town meeting after town meeting is: Where are those Phoenix is going to put their garbage GOP FRESHMEN HOUR out, and because we keep producing jobs? Well, I want to show you another garbage, we should not have a dump to The SPEAKER pro tempore. Under chart that shows where those jobs are. where all that garbage is taken. If we the Speaker’s announced policy of Jan- You see the forgotten 15. We did a little produce more garbage and store it on- uary 5, 2011, the gentleman from Colo- Google search and the Google search site, it is, in effect, storing it on the rado (Mr. GARDNER) is recognized for showed us those jobs are right here in curb. That doesn’t argue for the propo- the balance of the hour as the designee the United States Senate. They are sition that there should not be a cen- of the majority leader. waiting to be passed by the United tral repository where that material is Mr. GARDNER. Mr. Speaker, tonight States Senate. Where are the jobs? The taken and disposed of in a proper way.’’ I am joined by several of my colleagues forgotten 15 are piling up in the Sen- from the freshman class to talk about ate. The bills that we have passed, bills b 1910 some of the greatest issues facing our like the Jobs and Energy Permitting So I come back down to the floor to country and what we are going to do in Act that would create jobs—54,000 jobs highlight another location where you this country to get our job creators waiting in the United States Senate; have high-level nuclear waste near a back on their feet so we can do some- waiting to be acted on; waiting to be major body of water, the Pacific Ocean, thing to address the unacceptably high moved; waiting to be signed by the not in the desert as defined by law we levels of unemployment. President of the United States. should. For the past 11 months in this Con- We have got a great conversation to- Other States and locations that I’ve gress, we have been focused on what it night, and I hope participation from talked about, I first went to Hanford would take to get government out of colleagues around the country will which is high-level nuclear waste, 23 the way and let job creators do what shed light on our efforts. million gallons in tanks that are leak- they do best, and that’s put people Mr. DOLD. Will the gentleman yield? ing a mile from the Columbia River. back to work. How can we restore the Mr. GARDNER. I yield to the gen- Then I went to Zion. economic growth of this country? Obvi- tleman from Illinois. Mr. DOLD. Will the gentleman yield? ously as part of that, you look at so Mr. DOLD. You’ve talked about the Mr. SHIMKUS. I yield to the gen- many of the policies that this country forgotten 15. I’m just wondering if the tleman from Illinois. has—whether it’s regulations, whether jobs bills that we passed on the floor Mr. DOLD. The gentleman raises a it’s overspending, whether it’s our tax just moments ago would add 16 and 17 great point. In Zion, just a sheer couple policy—but it all starts right here in onto that list. of miles from my district, right along the House of Representatives of what Mrs. ROBY. Will the gentleman the coast of Lake Michigan, next to 95 we are going to do, the policies we are yield? percent of the fresh drinking water, going to pass to get this country hiring Mr. GARDNER. Reclaiming my time, surface fresh water in the United again. I yield to the gentlelady from Ala- States, and we’re storing just literally Over the past several months, this is bama. yards off the shore of Lake Michigan the 32nd month in a row, actually, Mrs. ROBY. It’s actually 22. Our spent fuel rods. That is obviously not where unemployment has exceeded 8 work today on the floor put the forgot- the place to be doing that; and it’s my percent. For 32 consecutive months, ten 15 to a number of 22. I don’t know understanding, correct me if I’m the unemployment rate has been at or if you’re ready for us to start this dis- wrong, at Yucca Mountain we’re talk- above 8 percent. Remember back when cussion, but I would just like to read a ing about 1,000 feet underground, 1,000 the stimulus was passed, they said if it couple of words. feet above the water table, and at least was passed, the unemployment rate We have all been carrying around 100 miles away from most of the indi- would never exceed 8 percent. But ‘‘Where are the jobs?’’ Everybody has viduals and inhabitants that are we’re in the 32nd month in a row of un- theirs, I’m sure, in their pocket to re- around. A perfect place. And we’ve employment over 8 percent. Fourteen mind the people of the United States of spent $14 billion constructing it. It million people, the number of Ameri- America of exactly these bills and what

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.126 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7317 we have done to reduce regulatory bur- tunity to take care of their children for ing. Consumer confidence has plunged. dens to allow for offshore drilling. The generations to come by having a good, A measure of Americans’ optimism list goes on and on. And even today, solid job. about the economy and their personal the Access to Capital and Entrepreneur I’m looking at the vote tally from to- financial situations recently dropped Access to Capital was right here on the night’s two votes that we took just mo- to its lowest level in 21⁄2 years in Octo- floor just minutes ago. ments ago that added to the forgotten ber. CBS News had a poll this past But I found myself looking at the 15, the last two of the tardy 22. And month. Americans say they feel worse thesaurus, looking for a good word for look at the numbers on passage of each about the economy than they have ‘‘forgotten’’ because now we’re at 22. bill. It was 407–17, and it was 413–11. since the depths of the Great Depres- Instead of picking a great ‘‘T’’ word, That is almost an unbelievable per- sion. The Great Recession that we are although there is one and I’ll get back centage of bipartisan support in the in now, the fact that Americans feel to that in a minute, we can look at House of Representatives for two bills worse about this time than they did words like ‘‘abandoned,’’ ‘‘blanked that are going to create a stronger pri- about the Great Depression is simply out,’’ ‘‘blotted out,’’ ‘‘omitted,’’ ‘‘left vate sector America so that we can put unacceptable. And we have addressed behind,’’ ‘‘drew a blank,’’ but the best people back to work. legislation. We have passed legislation one is ‘‘slipped one’s mind.’’ And yet we continue to engage in to deal with the uncertainty and to put I think as Americans we have to ask partisan politics in the Senate, and we people back to work. ourselves what’s on the minds of those don’t even allow these bills to have a I now yield to the gentlelady from in the Democrat majority in the Sen- vote on the floor of the Senate, at least Washington, one of the ladies who has ate, because if they were to get out and to be debated in an open and honest de- worked very hard in this House to get travel around their district and look bate, an argument about their merits people back to work. Ms. HERRERA BEUTLER. Thank into the eyes of the people who are to be heard by all Americans just like we do here in the House of Representa- you so much. without jobs, who can’t put food on the We’re all here tonight because we table, who are struggling to make ends tives on the floor of the House. It’s interesting. I listen to the Presi- really believe that America is the meet, I think it might slip them right dent as he goes around and he’s pro- greatest country on the face of the back into reality. moting his Jobs Act bill, and I would Earth, and it is so because of her peo- The President is saying over and over say that I clearly have an impression ple. and over again, We can’t wait. Yet now that the President is concerned about Folks at home in my neck of the we’ve got the tardy 22. These bills need his job. But is he really concerned woods in southwest Washington are out to be voted on by the Senate. It has about your job? Because he’s spending of work. I can go through the statis- been over 900 days since they have even an inordinate amount of time going tics. It’s alarming. It’s very alarming. I passed a budget. This is unconscion- around this country rather than com- have family and close friends who have able. This is the United States of ing here to Washington and working been out of work now going on several America, the greatest Nation in the with us in the House and working with years. Double-digit unemployment, and world; and yet we have a Senate that is the Members in his own party in the we’ve been at this rate for 3, going on unwilling to do the job that the people Senate to say, Take up with these bills 4 years now. of America sent them here to do. and have an honest debate. Send them I had a jobs fair a couple of weeks So as we continue through this dis- over. If they strengthen the private ago. We invited employers who are hir- cussion here tonight, we need to focus sector of America—like essentially all ing real jobs, good jobs to come. We got on the tardy 22, the bills that have yet of our colleagues here in the House them in a room with job seekers and to be voted on by the Senate. agreed tonight would do by passing and put out kind of an all-hands-on-deck I thank my friend from Colorado for supporting these bills with the num- call: Anybody who’s looking for a job, having this hour tonight. bers that we see—have that debate in we have real job openings available. Mr. GARDNER. I thank both the lady the Senate and move forward. Come to this jobs fair. We had over from Alabama and the gentleman from We’re going to stand, and we’re going 1,700 people show up. And as I walked Illinois who rightfully pointed out that to continue to work for the hard- through the line that snaked through with the addition of the bills that working taxpayers here in the House of the parking lot to say hello and to passed the House just today, we have Representatives. I know my colleagues greet these folks, I was talking to men added to the forgotten 15 bills that are share in that sentiment because that’s and women, young and old, very experi- creating jobs, that have passed the what we came to Washington to do. We enced or fresh out of high school or col- House, many with strong bipartisan came to Washington as freshmen Mem- lege who were looking to find work, ex- support, that number now reaching 22, bers of Congress not to engage in poli- perienced individuals who had that the bills that would create thousands tics, not to engage in partisan debates, look on their face, some of them, of and thousands of jobs around the coun- but to talk about fundamental policy desperation. And they’re asking, What try, recognized by people on both sides issues that are going to move us for- is Congress going to do? What is Con- of the aisle as bills that would do what ward as a Nation, so that we can have gress going to do to help me find work it takes to create jobs in this country. the great experience that we’ve all en- to keep my mortgage, to pay for my I yield to the gentleman from New joyed and the opportunities that we’ve kids’ education, and to put food on the York. all enjoyed, so that all of our fellow table? What are you going to do? Mr. REED. I thank the gentleman for Americans can give that opportunity Well, we’re here tonight to talk yielding and for taking the leadership not only to themselves but to their about some of the things we’ve already role and putting this hour together, kids, to their brothers, their sisters, so done. And right now what we’re doing and joining my fellow freshman Mem- everybody in this Nation can enjoy is we want to put pressure on the other bers on the floor of the House to talk that opportunity. side of the rotunda to pass these bills about the number one issue of the day, Mr. GARDNER. I thank the gen- and get some jobs flowing for the folks and that is our economy. That is jobs. tleman from New York. who stood in that parking lot. You bring up some great points in That event was a success. We’ve had b 1920 terms of what the American people are over 30 people find work, and we’ve had I come down here tonight to join my facing when they look at Congress and hundreds more who are in interviews. colleagues and to tell the American see the number of bills that we have Great. I did that because I didn’t feel people that we here in the House of passed with bipartisan support to cre- you could wait on an act of Congress. Representatives are going to be open ate jobs. They see them passing the And watching those individuals who and honest and will push forward an House with bipartisan support and are on the other side of the rotunda agenda that relies on the private sector going over to the Senate and are ask- who haven’t passed any of these jobs being that primary engine that creates ing, Where are the jobs? Right over in bills, it would seem like a good idea. the economic environment so that peo- the U.S. Senate. But here tonight we are applying ap- ple—hardworking Americans, hard- I will share with you some of the un- propriate pressure to that group, say- working taxpayers—have the oppor- certainty that our constituents are fac- ing, Pass these bills.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.128 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7318 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Let me talk to you about one of just pulp and paper. So we’re talking Mr. GARDNER. I thank the lady these bills that will make a huge dif- about major impacts to our national from Washington and yield to the gen- ference for people across this Nation. economy, and all we have to do—all we tleman from Illinois. It’s called the EPA Regulatory Relief have to do to protect those jobs is we Mr. KINZINGER of Illinois. I thank Act. It’s a simple bill. It’s a very bipar- need to pass this bill off the Senate the gentleman from Colorado. tisan bill. And let me tell you about floor, get it to the President and get You know what’s amazing about this bill. And people throw around that him to sign it into law. We really don’t those forgotten 15? You know how word ‘‘bipartisan.’’ What does that have time to wait. much they cost? Nothing. I mean, isn’t mean? It means strong support from I have talked to the men and women, that great? When you think about it, Republicans and Democrats. the moms and dads, the young people we’re talking about something out of I’m going to read for you, right here who are hoping to find work. And when Washington, D.C. that doesn’t cost is H.R. 2250. That’s the bill that we we let some of our industry just go out, anything and is actually going to do passed off this House floor. These are basically die, death by 1,000 cuts, death something. I mean, how often does that all of the folks, my friends from the by 1,000 regulations, shame on this in- happen? Well, if you look, a couple of other side of the aisle. Here are the stitution. Congress does need to act, years prior—or actually I guess a year Democrats in the House who have and I implore my colleagues on the ago 4 years prior—everything that sponsored this bill. We have folks in other side of the rotunda to join with came out of here cost a lot of money. leadership and we have newer Mem- us in this bipartisan fashion. Send this The President’s own stimulus bill, as bers. They have joined with the Repub- bill to the President, and have the was mentioned earlier, when they said lican House here and passed a bill, the President sign it. unemployment will never go above 8 EPA Regulatory Relief Act, that the b 1930 percent if we pass this, in fact it has never gone below 8 percent since it was Senate must take up if we are going to Mrs. ROBY. Will the gentlelady passed; and that cost almost $1 trillion protect these jobs. These regulations, yield? in fact, hit all sorts of industries. Ms. HERRERA BEUTLER. I yield to added onto our debt. And I actually re- There’s a rule that the Obama admin- my colleague from Alabama. member once I was doing an interview istration’s EPA has put forward that Mrs. ROBY. I just want to say to all and there was a fellow Congresswoman says business, industry, and hospitals, of our colleagues on the floor tonight, from the other side, there was a Demo- anyone that has a type of boiler, you it’s so important to the gentlelady crat that said, well, you know, the have to put millions, in some cases from Washington not to wait, that problem with the first stimulus is it millions of dollars into this boiler to she’s spending her birthday night on wasn’t large enough. That’s why it bring it up to some standard. That the floor of the U.S. House of Rep- didn’t work, it wasn’t large enough. standard hasn’t been clearly defined. resentatives fighting for the American Okay. I disagreed, but for a moment of And, actually, the EPA itself has asked people. So happy birthday to our friend time let’s say that’s accurate; let’s say and said, Can we take a little bit more and colleague. it wasn’t large enough. So why would time to figure out what we are requir- Ms. HERRERA BEUTLER. Thank you do a stimulus that’s half as large ing of folks before we require major you. as the original one? capital investments, capital invest- With that, I thank the gentleman for Truthfully, to be honest with you ments that could otherwise be used to yielding. guys, I think that the President has no hire someone or to increase produc- Mr. GARDNER. And thank you for intention of his jobs plan, his Stimulus tivity in a business to create more the points that you raised. II passing the House of Representa- jobs? Talking about the EPA and the regu- tives. In fact, I think if we actually But what’s happening is these busi- lations they’ve issued, I had the oppor- voted on it and passed it tomorrow, nesses are now going to be required to tunity at a committee hearing several there would be some panic in the ad- put this money into an expenditure to months ago, the Energy and Commerce ministration because they know that bring this boiler up to some code that Committee, to discuss with the assist- it’s not going to be a job-creation plan; we can’t prove has any environmental ant administrator of the EPA—one of they know it’s just a political thing to benefit, which is why you see so many the assistant administrators, Mathy talk about. folks who are advocates for the envi- Stanislaus—where we were asking a This is a real job-creation plan right ronment who have cosponsored this bill very simple question: Does the Envi- here, the bills that we have over in the in the House. We need the Senate to ronmental Protection Agency actually Senate. And it’s time that today we pass this bill; otherwise, we could lose take into account jobs, the impact on just—I mean, look, Senator REID, take potentially over 20,000 jobs nationwide. jobs when they do an economic anal- up the bills, vote them down if you That’s in the primary pulp and paper ysis? And the answer we got was, no, he want to vote them down, but give the industry alone. I’m not talking about didn’t take into account jobs when American people a voice. They can’t hospitals. I’m not talking about other they did the economic analysis. And I have a voice when they sit on your industries. In southwest Washington, find it hard to believe that anybody desk. You don’t have a voice when they we value the primary pulp and paper could actually have an adequate anal- sit on your desk. We don’t need an- industry, which is 18 percent of that ysis of a rule or regulation’s impact on other $450 billion added onto our debt. workforce. the economy if they’re not even taking What we need is to pass these bills and At a time when we need to be cre- a look at jobs and what it means for this plan. ating jobs, we certainly should be get- our economy. I thank the gentleman for yielding. ting rid of those regulations that cost Ms. HERRERA BEUTLER. Will the Mr. GARDNER. I thank the gen- us jobs. The way we do that is we get gentleman yield? tleman from Illinois. the Senate to join with us and pass this Mr. GARDNER. I yield to the gentle- I know in Colorado that my neighbor bill, get it to the President’s desk, get lady from Washington. the gentleman from Kansas has done that man to sign that bill and move Ms. HERRERA BEUTLER. With that tremendous work on getting this coun- forward for the people in our commu- point, we’re not saying let’s erase or try back economically and what he’s nities. eviscerate environment protections, doing to create jobs. The EPA, the Obama administra- absolutely not. We want to protect our I yield to the gentleman from Kan- tion’s EPA alone has estimated that quality of life and pass it on to the sas. that regulation, if untouched, will cost next generation. We’re simply asking, Mr. YODER. I appreciate the gen- employers over 5, almost 6 billion, and as with our Democratic colleagues, for tleman from Colorado for yielding your that’s the low-end number. The indus- some common sense to be used. Take time. tries have said it would be as high as 14 into account, when you’re going I was listening to the comments from billion. Any way you look at it, that’s through the matrix of these environ- the gentleman from Illinois discussing a high price tag that’s going to cost mental regulations, what the impact is the unemployment rate being over 8 jobs. Over 230,000 total jobs are at risk on the economy. It’s a very reasonable, percent now for some time. In fact, it’s if you count the related industries, not very commonsense way to approach it. been over 8 percent for 32 months,

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.130 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7319 which is the longest period of unem- The commonsense things that Con- in the world, that was a beacon of hope ployment this high since the Great De- gress doesn’t do, that they’ve been around the world that we all still be- pression. I mean, the things we’re doing the wrong way for years—look, lieve in, it’s trying to strangle that and doing in Washington, D.C. frankly tax increases. Tax increases don’t cre- we’ve got to stop it. haven’t been working, and so it’s time ate jobs. Borrowing and spending Mr. GARDNER. I thank the gen- to start pushing the types of bills that doesn’t create wealth, doesn’t create tleman from Kansas. the House has been pushing this year jobs. Regulations don’t create jobs. One of the most common things I to try to get this economy back on And so every day in Washington we’re hear at town meetings is the issue of track. putting more barriers in the way of uncertainty in our economy, and the I’m happy to join my colleagues to- these small business owners that we issue that regulations are forcing busi- night. I’m also happy to be a strong want to have create jobs, and it’s mak- nesses to make decisions not to hire supporter of the forgotten 15 and the ing things worse. new people, but to actually either pre- new seven bills and dozens of bills that In fact, just looking at the regula- vent them from growing or to actually are passing the House throughout this tions that are coming out every week reduce in size. session that will help the economy re- out of Washington, it’s unbelievable. With that, I would yield to the gen- cover and help small businesses create This is just a stack of the regulations tleman from Illinois. jobs. that have come out just this week in Mr. DOLD. I thank the gentleman for Now, Americans are frustrated with Washington, D.C. Monday, a new set of yielding. what they see going on in Congress, regulations. Tuesday, a new set of reg- I still am just thinking about the with what they see going on in Wash- ulations. Wednesday, a new set of regu- regulations from this week, and the ington, D.C., and there’s a reason, be- lations. That one was pretty thick week is not over. We’ve still got an- cause they see the policies that have there. Thursday, another set of regula- other day of regulations that are going failed in this town over the past few tions. Just this week, these regula- to be coming out. years and they don’t believe that tions, they just don’t stop. It just And we hear time and again from our Washington can function and they can keeps coming and coming and hitting colleagues on the other side of the aisle do things to help the economy recover. that it’s been 10 months and still no That’s because we’ve been doing all our small business owners and stopping the wrong things. Whether it was the the economy from recovering. jobs bill. We hear it time and again Let me just give you an example of bailout, stimulus bills, Cash for with the 1-minute speeches when we what these regulations have. On Clunkers, the health care takeover, open up session; the other side says Wednesday alone, 188 pages of new reg- cap-and-trade, Card Check, you ‘‘still no jobs bill.’’ ulations dealing with the health care couldn’t think of a more anti-business b 1940 takeover. Is that what the economy set of legislation that this Congress Well, I beg to differ. We’ve got jobs passed over the last few years than needs? Is that what you hear from your small business owners at home? Is that bills. We talk about the forgotten 15. those bills. And what they did is We’ve got several more. We passed they’ve held down the recovery and what Americans are crying out for, 188 new pages of regulations dealing with some tonight. they’ve stopped small business owners, Part of our plan is to empower the they’ve stopped entrepreneurs from health care? It’s got to stop. And yes to the President: we can wait private sector. Part of our plan is to growing and creating jobs. make sure that we’re eliminating some Frankly, we know that jobs are not on having new regulations, we can wait of the uncertainty that’s out there. going to be created in Washington, D.C. on the President’s big tax increases, we And let me just tell you, the week of They’re going to be created back home can wait on this stuff. We don’t need regulations, just 1 week of regulations in places like Illinois and in Colorado 188 new pages of ObamaCare regula- that are out here that literally shakes and in Kansas and in Alabama and, yes, tions. We don’t need this new stack of the desk when you drop it is certainly even Wisconsin—all across the coun- regulations this week. It’s not helping not creating more certainty. try—by innovators and job creators the economy recover. It’s making it Now, the one thing that I am pleased and entrepreneurs, the people that more difficult. to say is that I believe that we were built this country and that create the That’s why I’m proud to stand with sent here to be able to work with those jobs. my colleagues today on the House floor They’re not going to come from big and fight for the American people and on the other side of the aisle to move Washington programs, and that’s what fight for the prosperity of this country our country forward. I am pleased to has caused the problems in this coun- that we all believe in. We know we can say that we passed bills today talking try. These big Washington bailouts run restore it, but we’ve got to stop doing about access to capital for job creators, up national debt. All of it has not the stuff in Washington that’s making like many of us here coming from the worked. And so it’s time we changed it hard to recover. private sector—broad bipartisan sup- course. It’s time we start pushing legis- Mr. GARDNER. I have a question for port. lation that will promote small busi- the gentleman, if he would entertain it. The President of the United States ness, that will promote the free enter- You’re talking about, what you’re came and spoke before the Chamber prise system. And frankly, these things holding in your hand, that is this week, here in a joint session talking about a are common sense. The American peo- that’s just 1 week, 1 day of regulations? jobs plan. As opposed to saying no, I ple want Congress to pass common- Mr. YODER. These are the regula- don’t want it, what I tried to talk to sense legislation. tions that have come out since Mon- others about, and I know many agree, The point about these commonsense day. You have Monday, Tuesday, is what are the areas that we agree on? bills that the House is pushing, these Wednesday, Thursday, the regulations. Let’s talk about free trade or the pro-business, pro-job-creating bills that These didn’t create jobs. These made it trade agreements. We agree. We passed the House has been pushing and send- harder on the economy. Every day—in those. That’s about 250,000 American ing over to the Senate, is that they fact, I think there’s been over 65,000 jobs, increasing our bottom line in focus on the very things that built this new pages of regulations coming out of terms of our GDP by $10 billion this country in the first place. This Nation Washington, D.C. Frankly, to the gen- year alone with South Korea as the was not built because we had the high- tleman from Colorado, the people at only one. We add Colombia and Pan- est tax rates in the world, because we home, they hear us talking about the ama and that number obviously rises. had more regulations than any country regulations, but they may not always The President talks about the bur- in the world, because we had national see and understand what Washington is densome regulations. We agree. We debt in the trillions. That’s not what actually doing. This is what we’re need to make sure we have regulations. built this country. It was the hard doing to the job creators; this is what As the gentlelady from Washington work and determination, the sweat eq- we’re doing to the entrepreneurs of this noted, we want them to be smart regu- uity of the American people—who had country. We are strangling them. lations, not just more of them. I mean, no guarantees—who built this country These regulations are making what my goodness. How much does it cost us brick by brick. was once the most prosperous Nation to even print these?

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.132 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7320 CONGRESSIONAL RECORD — HOUSE November 3, 2011 The long and the short of it is that frustrated because the President is provided will restore the greatness of we need to create an environment, we calling this the Republican Congress. this country and get this country need to create an environment for the This is a bicameral Congress, and working again. private sector out there with broad bi- whereas we hold the majority in this I have worked with my colleague partisan support. And I believe that if House, we don’t in the Senate. from Colorado for many years in the we ask those on the other side of the But you saw the actions that took State legislature. He is a small busi- aisle what’s the biggest issue facing place on the floor tonight. The first nessman, somebody who knows how to our country today, it’s jobs and the one passed 407–17. The second bill sign a check to employees, to work economy. We just have a different view passed 413–11. There is a way to find under regulations that he has had to of who should be creating those jobs. common ground without compromising deal with, and in the State legislature I believe it should be the private sec- principle, and that is what we are he stood up for jobs, and I know he’s tor. I believe the private sector, entre- doing because the American people are doing the same thing here. preneurship. The United States of hurting, and we’ve got to create that I would yield to my colleague from America has been and continues to be environment, and we have by passing western Colorado, and thank the gen- the greatest force for hope the world these bills. tleman for being here tonight. has ever known. We have 29 million We are calling on those in the Senate Mr. TIPTON. I thank the gentleman small businesses in our Nation. If we to see our bipartisanship in this House for yielding. can create an environment where half to get Americans back to work. We talk about unemployment in this of them can create a single job, think Mr. DOLD. I thank the gentlewoman country—over 8 percent, 9.1 percent na- about where we’d be then. for commenting on that. There’s no tionally. Let’s just take a look at this because doubt. Look, bipartisanship can be Let me tell you the story in my dis- these are some bold points, and I think done. The American public is frus- trict in Colorado, the two largest com- if I asked the gentleman from Illinois trated because they don’t think that munities: 10.7 percent unemployment to talk to me about empowering small we’re working, and, in some instances, in Pueblo, Colorado; 10.5 percent in businesses and reducing government we know that Washington can be bro- Grand Junction, Colorado. I have 29 barriers to job creation, I guarantee ken. counties in Colorado. We have one you he can give me a couple of things We want to work together because we county that has higher than 17 percent that we’re doing right now here in this know we’ve got to move the ball down unemployment. Congress. the field. We know we’ve got to get There’s a lot of discussion on this If I talked to the gentleman from people back to work. We’ve got a 9.1 floor in Washington, DC, about jobs Colorado about fixing the Tax Code to percent unemployment. What is it in and the economy, and it’s well placed. help job creators, I know that he’d Wisconsin? We talked about businesses. But what come up with some things because Mr. DUFFY. About 9 percent. we often forget to remember is that we’ve already done it. We passed a Mr. DOLD. About 9 percent? In Illi- these businesses are made up of moms budget. nois it’s at 10 percent. In certain areas and dads, grandparents, people with We’re at 918 days in the United of the 10th District in Illinois we’ve got hopes, with dreams for a better future. States Senate. 918 days, and still no areas of 20 to 22 percent. I can tell you These are the employers, the people budget. Yet, the law requires the Con- that jobs right now, absolutely number who make America work, working to- gress to come up with a budget every one priority, and that’s why I’m will- gether in business. April 15. And yet that responsibility— ing to work with anybody here in Let me tell you a story about a man by the way, it’s against the law—has Washington that’s willing to listen, named Jim Bartmus in Pueblo, Colo- been shirked by the United States Sen- that’s willing to reach across the aisle rado. Just about a month ago, Mr. ate. to come up with solutions. And I want Bartmus, who was a contractor, was We’re going to hear more about this to let you know, people are saying that faced with a real dilemma. Just a few ‘‘Do-Nothing Congress.’’ And I want to we don’t have a plan—we’ve got a plan: years ago he qualified under the Presi- make sure that the American public Jobs.gop.gov. I welcome everybody to dent’s definition as wealthy. A small knows that we are here passing what go get it. contractor. That wealth he reinvested we believe is commonsense legislation, Mr. GARDNER. I want to thank the back into his business to try and grow in a bipartisan fashion, to move the gentleman from Illinois for his com- it, to try and create more jobs in this country forward. ments because when he started talking country. We realize that unless things pass the tonight he talked about his great hope Mr. Bartmus made that investment. United States Senate and go to the and optimism for this country, the fact He paid down his line of credit to zero. President’s desk for signature, we’re that we really do live in the greatest When he went to the bank to re-up that not going to be able to move the nee- Nation on the face of this earth. line of credit to be able to keep that dle. But we face tremendous challenges. business going, to keep his 24 core em- The American public is frustrated. The unemployment that you spoke ployees at work, he discovered that, be- We’re frustrated too, because I believe about for your State, the unemploy- cause of regulations, because of Dodd- that the American Dream is at stake. ment in Wisconsin, the unemployment Frank, that he couldn’t get that line of The American Compact that we all levels in Colorado and across this coun- credit re-upped once again. As a result, came to Congress to deal with, that we try are significant. Fourteen million Mr. Bartmus lined up his equipment leave the country better for the next people who are out of work, and if you and auctioned it off. generation than we received from our start looking at the people who are un- When you talk to a grizzled con- parents and grandparents, I believe, is deremployed or who’ve simply given up tractor, and you hear his voice crack in jeopardy today. That, to me, is com- looking for work, that number in- as he has to describe how he laid off 24 pletely unacceptable. creases even more. people that we call employees—and he Mrs. ROBY. Will the gentleman I want to share with you something called family, you know this hits yield? that I think is very difficult for all of America at home. Mr. DOLD. I yield to the gentle- us to realize is happening, and that’s As I travel throughout my district, woman from Alabama. the fact that there’s more fear about as I know my colleagues travel Mrs. ROBY. I’d just like to say, I had our future than at many other times in throughout the rest of the country, we asked for the totals; I didn’t have them our history. According to a recent hear the same lament from small busi- written down. But you take the kind of newspaper account, a resounding 69 ness, from the number 1 job creators in bipartisan support that you’re talking percent of respondents said the country this country. They’re overregulated. about that we received on the two bills is in decline. They’re worried about that pile of reg- that we passed just today, the access to But yet we know this country is bet- ulations that we see dropped upon the capital and the access for entre- ter. We know this country is great. We desk on a weekly basis. Being able to preneurs, you take that kind of bipar- know that the bills that we have have access to capital. What is that tax tisan support—the American people are passed, the leadership that we have rate going to actually be?

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.133 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7321 b 1950 away, you can create jobs with that going to move our economy forward, What is the President’s health care kind of spending. If you tell us that we we have to tap in to the principles and plan actually going to cost? Those are can pass a health care bill and that’s the ideals that made this country the questions that they raise and why going to create jobs, we can pass more great. That is what this freshman class they are afraid to invest. If we will un- regulation and that’s going to create is talking about tonight. That’s what leash American entrepreneuralism jobs, okay, Mr. President. We’ll go we’ve been talking about for the last 10 once again, if we will create that cer- along with you because the pain is too months. tainty for Americans to do what we do great. I look forward to the work with my better than any people on the face of When one of my family members is colleagues on both sides of the aisle. As the Earth—that’s to create, to inno- out of work and I see the pain and suf- you might notice, I’m on the left side fering in their family, it’s worth it, Mr. vate, to build—we can get this Amer- here. I’m on the Democrat side of the President. I will go with you. aisle. I’m willing to work with my ican economy moving. Now, this is a path that we haven’t My colleague from Colorado and I friends on both sides. But let’s get it traditionally gone down because we’re have discussed oftentimes there’s done. Let’s not do it for parties. Let’s an economy, we’re a society of free something very unique about being an do it for the American people, putting markets and free enterprise where we American. The very blood that courses them back to work. look to the individual who invests, With that, I thank my colleague from through our veins is infused with some- works hard, innovates, and creates Colorado for yielding. thing that people from around the wealth, creates opportunity, creates Mr. GARDNER. I thank you. world simply can’t understand. We jobs in their community. I’d be curious to hear from my col- don’t look for government to be the an- But we’re willing to go for a while leagues tonight. Over the 55 town swer; we don’t look for a government and say, Let’s try it out, Mr. President. meetings that I’ve held, I’ve never program. We want the freedom and the A couple years down the road, we heard somebody come up to me and ability to be able to build our own fu- now look back and say where are we. say, hey, when is the government going ture. Are we better off today than we were to start creating all of these jobs to re- Government should not be a stum- 21⁄2, 3 years ago? And I think if you ask place 15 million unemployed, to give bling block to that success, but a step- the American people, they will give them jobs, 15 million unemployed. I ping stone. And in this case, it means you a resounding, No, we’re not. don’t know if you’re hearing the same the government should get out of So what we’re doing here today is thing. American businesses’ way, the Amer- saying let’s go back to our great his- Mrs. ROBY. I get asked the question, ican employees’ way, and let us do tory. Let’s go back to our roots of free or I did early on, What has been a what we do best: get America back to markets. Let’s try to streamline the shocking thing in your experience in work. regulatory process that this govern- Washington? And I unequivocally can Mr. GARDNER. I thank the gen- ment has given the private sector. say the most shocking part of this ex- tleman from Colorado. Let’s make sure we free the American perience of representing Alabama’s I was speaking to a pharmacist the people, we free the entrepreneurial Second District is really beginning to other day. You mentioned the issue of spirit. And if we do that and we engage understand how huge this government regulations, what it’s doing to busi- in this new competitive environment is, how the Federal Government right ness, and they actually wanted to cre- against China, India, Mexico, I don’t now today trickles down into every ate a little different business model for care who it is, if you set America free, crevice of our lives. their pharmacy by placing a phar- we will compete, we will win, we will And to go with the gentleman from macist instead of behind the counter thrive, we will grow, and we will pros- Wisconsin’s remarks, we are trying to within the pharmacy, they wanted to per. get government out of the way and move them up in front of the counter That’s why we in this House have allow the private sector to thrive. And so as customers came in, they could go passed bills with bipartisan support we don’t have people coming up to us and talk to the pharmacist about what that advocate for free markets. And at our town halls saying, when are you they needed help with. They actually listen, some people come at us and say, going to pass more regulations? had to change a regulation to allow You don’t want regulation. That’s not Mr. KINZINGER of Illinois. What’s that pharmacist to sit in front of the true. We want smart regulation. amazing to me is we’ve conditioned—I counter instead of behind the counter. They’ll say, listen, the Tax Code needs mean Republicans and Democrats, not I now yield to the gentleman from to be reformed. And we’ll say, yes, ab- ‘‘we.’’ We’ve only been here less than a Wisconsin who has been working hard solutely it needs to be reformed. We year. But the American people have to create jobs as well. want to make sure that there aren’t been so conditioned to believe that if Mr. DUFFY. I appreciate the gen- loopholes that don’t make big corpora- there is any difficulty, the answer is a tleman from Colorado yielding, and I tions and big industry and the wealthy giant government expenditure pack- commend my colleagues for your hard not pay their fair share. age, a giant bill with a lot of money work and the focus that you have all We were the first ones in Washington spent. We’ve been conditioned to be- had on jobs and job creation and legis- to say let’s root out the loopholes. lieve that. lation that’s actually going to help That was in our budget that we said So if the economy is bad, it obviously move our economy forward. let’s root it out. And it was only after is because the government is not I think we’re in a unique time in we did it did we see the President come spending enough. Well, that’s not true. American history. If you look at where out and say he wanted to follow. And I The reality is we built this country— we’re at and the level of competition will tell him that I’m a willing partner and this is what I hear from people—we that we are under from countries like to join him in tax reform. built this country based on people just China, India, Mexico, Vietnam, Brazil, I think as we look at what’s hap- having an idea and going out and get- this is a whole new environment that pened here, as one of the Members here ting it done. That’s what we’re talking we haven’t seen before. It’s not 1950, said, we sent over 22 bills to the Sen- about, that idea. it’s not 1980, it’s not even the 1990s. ate. And with that, the Senate hasn’t Mr. GARDNER. The statistics speak This is a different form of competition. taken up any of them. And as the gen- for themselves. Two million people, the If we’re going to be successful in this tleman from Illinois noted, at least the number of net jobs the economy shed new environment, we have to do it Senate should take them up and give from February of 2009 when the stim- right because if we get it wrong, you them a vote. And if they want to vote ulus was passed. see massive unemployment. them down, that’s okay. But at least Are you hearing the same thing in And as we came into this recession, I take them up and give them a vote. the great State of Washington? think the American people said to the They took the President’s bill up, Ms. HERRERA BEUTLER. Abso- President, We are willing to go along gave it a vote and on a bipartisan ef- lutely. with you, Mr. President, if you tell us fort it failed. And here’s an important point. We as that we could spend a trillion dollars So my point to my colleagues and to Republicans understand that the Fed- and from that you can take the pain the American people is that if we are eral Government has responsibilities

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.135 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7322 CONGRESSIONAL RECORD — HOUSE November 3, 2011 and duties: security, our Nation’s in- uncertainty, no one is spending these As to what you talked about, the reg- frastructure. There are certain things dollars to reinvest in their private ulations that are hurting businesses, we’re responsible for. We’re not against businesses. the taxes that are giving an uncom- those things. We just think they need Mr. KINZINGER of Illinois. Yes. petitive advantage to people right here, to be done in a smart and efficient How many times is Washington going that’s hurting her ability to get her job fashion. to be dishonest with us and just say, I going, and there she is, working a sec- When you look at the last time the know it didn’t work in the past, but ond job, and there are people out there stimulus, giant amounts of money were it’s going to work this time? The Presi- with third jobs and trying to make spent before this most recent round of dent himself said the shovel-ready ends meet. stimulus spending under the Obama jobs—chuckle, chuckle—weren’t so I want to thank everybody for par- economy, the last time we got things shovel-ready after all. ticipating tonight, and I encourage out of it like the Hoover Dam. We got That’s fine—because it doesn’t work. people who may be interested in the something for it. This plan right here, this will work. Republican jobs plan to visit Out of the stimulus spending, which The American people are our jobs re- jobs.gop.gov. was sold primarily as a jobs bill be- covery plan. The American people Mr. Speaker, I yield back the balance cause it was going to create transpor- doing what they can do best, that’s the of my time. recovery plan. It’s not another $500 bil- tation infrastructure, less than 7 per- f cent of that $800 billion stimulus bill lion. actually went to transportation and in- Mrs. ROBY. And getting the govern- FURTHER MESSAGE FROM THE frastructure. ment out of the way so that they can SENATE So it’s not that Republicans don’t thrive. A further message from the Senate support making sure those things take Ms. HERRERA BEUTLER. Abso- by Ms. Curtis, one of its clerks, an- place. We’re here to require some ac- lutely. nounced that the Senate has passed countability. We’re not going to throw I think, for those controlling this without amendment a bill of the House money at it and hope that that works. time, it’s important to recognize, if of the following title: you want more details about these We recognize there’s something broken H.R. 818. An act to direct the Secretary of here in Washington. We have now jobs, the forgotten 15, jobs.gop.gov is a the Interior to allow for prepayment of re- passed well over 15 bills to get jobs good place to go. If you want pick up payment contracts between the United growing to fix that thing that’s broken. the phone and call your Senators, States and the Uintah Water Conservancy And we just need some help from folks there’s the Reducing Regulatory Bur- District. on the other side of the rotunda. dens Act, there’s the EPA regulation The message also announced that the Mrs. ROBY. I would just say this, bill, and there are several more bills Senate has passed a bill of the fol- too: I think the American people ought that the other side needs to hear from lowing title in which the concurrence to be begging the question to the Sen- the folks from home on. of the House is requested: ate as it relates to the tardy 22 bills Mr. GARDNER. I want to thank ev- S. 1487. An act to authorize the Secretary that they have sitting over there on erybody for participating in tonight’s of Homeland Security, in coordination with their side that we know will create discussion about our plan for jobs, the Secretary of State, to establish a pro- jobs. They need to ask them specifi- about what we’re going to do to get gram to issue Asia-Pacific Economic Co- cally, their Senators, why are you op- this country back to work. For 32 operation Business Travel Cards, and for posed to this? What is your sound ob- months, this country has faced unem- other purposes. jective? What is your reasoning? We ployment of over 8 percent. f want to create jobs. We’re out of work. I want to share a story that happened just a couple of weeks ago when I had THE PROGRESSIVE MESSAGE b 2000 the opportunity to sit down with some The SPEAKER pro tempore. Under Earlier, I said another word for ‘‘for- employers around the State of Colo- the Speaker’s announced policy of Jan- gotten’’ because the forgotten 15 has rado. We were in a restaurant, and had uary 5, 2011, the gentleman from Min- slipped our minds. It has just slipped the opportunity to discuss what regula- nesota (Mr. ELLISON) is recognized for our minds. We need to remind these tions are doing to our economy—over- 60 minutes as the designee of the mi- Senators over there. All Americans do. regulations, as mentioned here tonight. nority leader. They need to pick up the phone and We all believe in smart regulations, in Mr. ELLISON. Thank you, Mr. ask, What’s your opposition to these 22 those regulations that make sense but Speaker, for recognizing me for this bills that will create jobs and put that aren’t overly burdensome to job hour. America back to work so that we can creators. As we had this conversation, I am going to speak for a time, and be a thriving economy once more? we talked about what burden we were then I am going to yield my time to Mr. GARDNER. America’s job cre- placing on future generations, the high the gentleman from Illinois (Mr. JACK- ators, the plan that we have come up unemployment rate, with nearly 14 SON), who has an important message, with to get this economy moving for- million people who are out of work, but I would like to start by just talk- ward again, it’s embodied in the forgot- and what we were going to do to help ing to the American people about the ten 15, and the other bills that we have America’s working families make ends Progressive message. passed to join the forgotten 15 are pil- meet once again. You can sit at your television sets ing up in the United States Senate, all We had a waitress who was coming in and you can watch this broadcast. For these bills with the simple goal of em- and helping everybody, taking orders the last hour, what you would have powering small businesses and reducing and working very hard that morning. heard is people claiming that you can government barriers to job creation. After we were done, we walked away, get jobs by just taking away our health Fix the Tax Code to help job cre- walked out. The conversations were and safety rules, by just getting rid of ators. Nobody opposes these ideas. No- going, and I was the last one to leave regulation—and magically, we’re going body opposes these ideas. If you go to this meeting. Just then, the waitress to get jobs. Well, we’ve had the Clean Americans around this country and ask who was working in that room came up Air Act in place since the early seven- them, should we be encouraging entre- to me and grabbed me by the shoulder. ties; we saw record job growth in the preneurship and growth, they’re going She said, Hey, I liked what you guys 1990s; and we have seen the Bush era, to say ‘‘yes,’’ and that’s exactly what were talking about, because this is my which was when the Republicans had these bills do. second job. This isn’t my only job. I’m the House, the Senate and the White I’m sure that you’re hearing the trying to start a business, and I’m try- House—the lowest job era in modern same thing in your meetings. ing to work here while that business memory. They have tried their way, Mrs. ROBY. The private sector is sit- gets off the ground. We’re trying to and they got us into this mess. ting on trillions of dollars. We know make ends meet so that I can get that I will never forget that it was Janu- that. The money is there to jump-start business going, and I’m trying to work ary 2009 when this country lost 741,000 our economy, but because of all this here. jobs in that month alone, and the

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.136 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7323 Democrats and President Obama have focuses on creating the millions of jobs willing to raise revenue, that the bet- been building it back ever since. that we can generate out of that par- ter way for America is to take that 8.5 The Progressive message is about the ticular legislation. We can eliminate percent deficit opposed to the GDP, antidote to that line of argument—that the discrimination of the chronically boost the GDP, build, rebuild, create the rich don’t have enough money, that unemployed, and we can give a $4,000 jobs, create jobs for small businesses? the poor have too much, that asking tax credit to employers for hiring, as I Let’s steer ourselves away from nega- our American corporations to look indicated, the long-term unemployed. tive Confederate flags and ‘‘N’’-head after health and safety laws is too and get all of the States to work to- b 2010 much of a burden, that we have to sac- gether, Democrats and Republicans, to rifice our lungs so that some multi- Are we remembering that on Decem- follow the Progressive message, which national can make even more money. ber 31, 2011, we will be bringing home— is liberty and justice for all and oppor- No, no, no. or by that time, our President has said tunity for all. The Progressive message is where we that soldiers from Iraq will come I thank the gentleman for yielding to stand up for small business people, home? That is an immediate infusion me on this occasion. where we talk about the right to orga- of dollars back into our bank account; Mr. ELLISON. I thank the gentle- nize on the job, where we get into the although, we must be able to protect lady. conversation about civil rights and our soldiers who are coming home and In a moment, I will yield to my good human rights, where we talk about provide for them. friend from Illinois, JESSE JACKSON. peace at home and abroad, and where We have on the horizon, Mr. Speak- But I do want to say that as you talk we talk about the importance of pro- er—and I know that all who are listen- about the least of these, we are talking tecting our environment. ing are excited about the fact that an about poor folks who need some home I want to welcome a great Member omnibus jobs bill is about to come for- heating oil, children who need Head Start; right? We are talking about peo- from Texas, Congresswoman SHEILA ward from the Progressive Caucus. But ple who need the SNAP program, the JACKSON LEE, who has just joined me the only reason I just say that without for the moment. I thank the gentlelady giving the details of it is we have found food stamp program. We are talking for joining me with the Progressive a way to pay for creating jobs and an- about students who need some help to message. swering the clarion call of the Amer- be able to afford a college education. And my question is: Will the rich and Ms. JACKSON LEE of Texas. I am de- ican people. So I believe the Progres- the wealthy and the well-to-do of lighted to join my friend and colleague sive message is the secular Good Sa- America pay a little bit more to help from the great State of Minnesota—the maritan, that we cannot leave the vul- this happen? Bank of America didn’t distinguished cochair of the Progres- nerable along the streets and highways pay a single penny in Federal income sive Caucus, of which I have the privi- of despair. We must be able to ensure tax in 2009. Boeing, despite receiving lege of serving as a vice chair. that we are looking out for those who billions of dollars in Federal Govern- I truly want to say to our colleagues cannot look out for themselves. ment contracts every single year in that the Progressive Caucus has been I will finish on these two points: The taxpayer money, Boeing didn’t pay a on the mark, and in fact it stays on a supercommittee is doing the very best dime in U.S. Federal corporate income pattern, frankly, that should draw that it can do. I am grateful that we taxes between 2008 and 2010. Citigroup. good-thinking, well-intentioned Ameri- will be opening opportunities for our Citigroup’s deferred income taxes for cans from both sides of the aisle. Let own hearing in the coming week. But there is a dilemma; and that dilemma the third quarter of 2010 amounted to a me recount for my cochair the number grand total of zero. At the same time, is that there is a certain amount of the of job fairs and summits that we’ve Citigroup continued to pay its staff vulnerable, needy of America that are had. We have not yet finished, and lavishly. John Havens, the head of protected, but there are some that are we’ll probably go into 2012. Citigroup’s investment bank, is ex- exposed. And what that means is that I want to focus on just a couple of pected to be the bank’s highest paid ex- we will be looking in the face of Amer- points that I believe have been the Pro- ecutive for the second year in a row, ica in 2012, looking back in our rear- gressive message. It is the good Samar- with compensation of $9.5 million. itan message, the secular good Samari- view mirror, and we will see along the ExxonMobil, Big Oil, dodgers, use off- tan message: that we’re all in this to- highway of life the despair in those shore subsidies in the Caribbean to gether. It is to recognize that the Na- that have been left out by the draco- avoid paying their fair share. Although tion is not so broke—or it is not nian cuts that had to come because we ExxonMobil paid $15 billion in taxes in broke—that it cannot help the most have raised no revenue. That is a crisis. 2009, none of it went to the American vulnerable. And if I might do a personal moment Treasury. This is the same year that In a supercommittee hearing, it was on my final closure. If we have States the company overtook Walmart in the delineated by the head of the OMB like the State of Texas that are, in es- Fortune 500. Meanwhile, the total com- that, actually, Mr. ELLISON, our debt- sence, left with elected officials who pensation for ExxonMobil’s CEO was deficit is 81⁄2 percent of the gross do- have ‘‘N’’-head Rock—and I am coming about $29 million. mestic product. That means that 92 to my closure, so you can understand Of course General Electric, 2009, the percent is rolling along, not the way how I prioritize what we should be world’s largest corporation, filed more we would like it, but it is rolling along. doing. The ‘‘N’’-word Rock. We have than 7,000 tax returns and still paid It’s as if we took a family’s budget, and got States—I come from that State. I nothing to America’s Government. GE they said, ‘‘You know what? We have am ashamed of that description but am has managed to do this with the aid of less than 10 percent debt—we’ve got 100 proud to make it known on the floor of a rigged Tax Code that essentially sub- percent, but 10 percent debt. Let’s the House. Or we have State agencies sidizes companies for losing profits and work to diminish that debt, but let me that we fund. The Texas Motor Vehicle allows them to set up tax havens over- not stop feeding the three children, and Board—the State of Texas gets Federal seas. let me not stop paying the mortgage,’’ funds—was about to issue a Confed- So let me just say, on behalf of the if that were the ratio of our debt. erate license plate issued by the State people who need food stamps, on behalf I think it is important for the Pro- of Texas on November 10. I will be in of the people who need college tuition, gressive message in that we are saying Austin to oppose it. on behalf of the folks who need home there are ways of pulling us up by our But the reason why I say that is, if heating oil because of cold winters, on bootstraps: we have time to deal with these nega- behalf of the people who are struggling One, we can close our eyes, and in a tives, do we not have the time to galva- to make it in America today, will our moment, the Bush tax cuts can expire, nize States and Representatives and most privileged Americans do any- and we will generate billions of dollars Governors to focus on the most vulner- thing? The Progressive Caucus thinks that will help promote jobs. We can able? Don’t we have time to call for the they ought to do something. pass the Jobs Act, which really focuses voices to be raised, to be able to give Ms. JACKSON LEE of Texas. Before on infrastructure, providing for our encouragement to the supercommittee, you close, I want to just comment on veterans, small businesses, and in fact, encouragement to those who are not the gentleman from Illinois.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.138 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7324 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Thank you, Mr. JACKSON, for what I no. Denver has a new airport, but it a United States Senator in 2004. When know you are about to begin, which is was a replacement airport. Once the he wrote an op-ed in the Chicago Sun an eloquent presentation on the impor- new Denver International Airport was Times in support of this proposed new tance of construction. It looks as if the completed, the old Stapleton Airport airport, in his article he said: ‘‘There is airport that you have been fighting on was shut down. So while Denver has an a strong case for a regional third air- for many years, and if we would listen updated facility, that airport really port in the south suburbs, a region that to you on the particular project that didn’t add to the number of U.S. air- has struggled economically while other you are speaking of, but also as we ports. suburban areas have prospered. Em- look to infrastructure around America, Since 1969, when Dallas/Fort Worth ployment and income in the south sub- we would be able to create what I’m opened, the U.S. air traffic, the number urbs lags the rest of the Chicago area. getting ready to see. We would be able of passenger and cargo flights, has The construction and operation of a to compete with some of these other more than tripled. Yet, despite a tri- new airport near Peotone would bring nations that he will cite that will have pling of activity and 40-plus years of 1,000 construction jobs in the next 2 probably more airports than the United aviation growth, no new major airport years and 15,000 permanent jobs by the States. has come online to accommodate that first full year of operations, as well as I just want to thank you, Mr. JACK- expansion. That’s absolutely incred- billions of dollars in new economic ac- SON, for your astuteness, and we look ible, Mr. Speaker. tivity to residents and communities forward to hearing you. And thank you Compare our record to China’s. The that sorely need it. for the Progressive message. Chinese Government recently an- ‘‘Rep. Jesse Jackson, Jr., a key lead- Mr. ELLISON. Thank you, Congress- nounced plans to build 97 new airports er in the Peotone effort, has assembled woman. between 2008 and 2020. So the U.S. a group of private investors who are Let me yield to the gentleman from builds zero airports in 42 years; China willing to risk their capital on the new Illinois who is going to talk to us is embarking on a plan to build 97 new airport’s prospects. State government’s about infrastructure, very important, airports in just 12 years. role in the project would be limited to putting Americans back to work. If the United States wants or hopes providing infrastructure improvement f to stay competitive in the global econ- such as roads, transit, and sewers, omy, we need to start thinking a little which it routinely provides to other de- FURTHER MESSAGE FROM THE bit bigger. We need to start thinking velopment projects around the State.’’ SENATE about ports, and specifically airports. Mr. Obama said: ‘‘The benefits of a A further message from the Senate We need to start thinking a little bit south suburban airport would not be by Ms. Curtis, one of its clerks, an- more like the Chinese, 100 new airports limited to the Chicago region. Many nounced that the Senate has passed a by 2020. The General Administration of downstate communities are hampered bill of the following title in which the Civil Aviation of China said that it by their lack of air access to Chicago. concurrence of the House is requested: plans to spend over 450 billion yuan, Since gates for such flights are ex- S. 1759. An act to facilitate the hosting in building no fewer than 97 airports by tremely limited at O’Hare and Midway, the United States of the 34th America’s Cup the year 2020. an airport near Peotone would provide by authorizing certain eligible vessels to downstate communities with enhanced 2020 participate in activities related to the com- b air access to Chicago, as well as accom- petition. If the plans are carried through, this modating general aviation traffic that f massive expansion of capacity will see formerly utilized Meigs Field. In addi- the number of Chinese airports in- tion, as the world’s first and only air- CONSTRUCTING NEW AIRPORTS IN crease to 244. The plans will mean that port custom designed, built, and priced AMERICA eight of every 10 Chinese people will to attract low-cost carriers, it will at- The SPEAKER pro tempore. Under live within 100 kilometers of an air- tract air service to the Chicago area by the Speaker’s announced policy of Jan- port. startup and discount airlines currently uary 5, 2011, the gentleman from Illi- If the United States wants to com- not operating out of Chicago’s existing nois (Mr. JACKSON) will control the re- pete, we simply have to be prepared to airports.’’ mainder of the hour. build more of these facilities. And I’m As many of you know, the plan that Mr. JACKSON of Illinois. Mr. Speak- happy to report that some of us in I’ve put together for Chicago’s third er, may I inquire as how much time I Washington and in Illinois are doing airport is precisely that. I’ve advocated have remaining? precisely that. In the past 2 months, for building this airport through a pub- The SPEAKER pro tempore. The gen- I’ve heard President Obama talk about lic-private partnership for the past 8 tleman has 48 minutes remaining. the need to build new airports. Not years. To quote President Obama Mr. JACKSON of Illinois. I thank the once, not twice, but several times I’ve again, he said: ‘‘There are private con- gentlelady from Houston for her kind heard the President say this. The first struction companies all across America remarks. time when he unveiled his national just waiting to get to work. We’ll set Mr. Speaker, as many of you know, I jobs plan, the President said: ‘‘We can up an independent fund to attract pri- have been talking about building a put people to work rebuilding America. vate dollars and issue loans based on third airport for Chicago’s metropoli- Our highways are clogged with traffic. two criteria—how badly a construction tan area since my first campaign, Our skies are the most congested in the project is needed, number one; and how which was in 1995. The congressional world. It’s an outrage. much good it will do for the economy.’’ district that I represent has nearly ‘‘Building a world-class transpor- The President knows that Chicago’s three people for every one job in many tation system is part of what made us two airports, O’Hare and Midway, have communities; and compare that to the an economic superpower, and now been operating at or above capacity for northwest suburban parts of the city of we’re going to sit back and watch years, so the need is clearly there. In Chicago, there are nearly three jobs for China build newer airports and faster fact, the Federal Aviation Administra- every one person. It is an enormous railroads at a time when millions of tion has been asking Chicago to build a disparity. unemployed construction workers new airport since 1985—for more than Since that time in 1995, the United could build them right here in Amer- 25 years. As for the President’s require- States has not built a single new air- ica,’’ the President said. ment that new infrastructure be good port. In fact, the United States has not Mr. Obama even noted that perhaps for the economy, there is no greater built a new greenfield airport in more the best way and maybe the only way job generator in the world than an air- than 40 years. The last totally new air- to build new airports, new highways, port. For proof, we need look no fur- port built in this country was Dallas/ new infrastructure is through a public- ther than Washington, DC, and the Fort Worth which opened for business private partnership, also known as Dulles Airport corridor. Once out in in 1969. PPP. In fact, Mr. Speaker, I explained the middle of nowhere, the Dulles Air- Now, some of you may say that Den- this concept to State Senator Barack port corridor today is home to 35,000 ver built a new airport. Well, yes and Obama while he was running to become new companies. Some 575,000 people go

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.139 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7325 to work there every day, and roughly ports is absolutely obsolete. It doesn’t vate developers who had the expertise, 57 percent of the world’s Internet traf- work anymore. In short, the paradigm the experience, the wherewithal and fic now flows through the Dulles cor- has shifted since 1969 when America the willingness to design, finance, con- ridor. Most of that is possible due to built its last major airport. The old struct, and manage a new airport. Sev- the airport. model used to work like this: enteen companies from around the As for the airport that I’m proposing Runways and taxiways were built and world ultimately responded to the com- for Chicago, it would create 1,000 con- financed by cities. A city would then mission’s requests for proposals. At the struction jobs immediately over the recoup its investments by collecting conclusion of that global search, next 2 years. Once phase 1 construction landing fees from airlines and eventu- ALNAC, the public commission, se- is done—which could be done as early ally get paid back over the next 30 lected two companies with aviation ex- as June of next year—and the airport years. Under that same old model, ter- pertise, SNC Lavalin and L-COR, as its opens for business, it would create an minals were built and financed by the private development partners. These additional 15,000 new permanent jobs airlines. That’s why O’Hare has a two companies have built new airports for the local economy, again by the United terminal and an American ter- or expanded existing airports in coun- first day of operation. Those 15,000 jobs minal, et cetera. tries from Europe, Africa, North Amer- at the airport include some jobs at the But guess what. The old model, Mr. ica and from Central America to South airport like pilots and baggage han- Speaker, does not work anymore. Most America. They’ve done so with great dlers and air traffic controllers and cities cannot afford to pay for runways success, and, more importantly, service agents and TSA agents. But, and then wait 30 years to get reim- they’ve done it with their own money moreover, Mr. Speaker, it includes jobs bursed, and they’re reluctant to hit up at no cost to the taxpayers. located outside of the airport’s foot- taxpayers for more money. Likewise, Now, for anyone who is thinking this print. I’m talking about jobs at the most airlines, many of whom are tee- is just a pie-in-the-sky concept or some new Hilton, the new Hyatt, the new tering on bankruptcy, can no longer af- airport fantasy, I must say that the Fairmont hotels locating near airports; ford to invest in and build massive ter- Governor of Illinois has carefully vet- jobs at UPS and Federal Express, two minal buildings. The new model is the ted the ALNAC proposal. Governor businesses that can’t survive without public-private partnership. Quinn, his lawyers, outside counsel, airports; Hertz, Dollar, Alamo, Avis, Under the public-private partnership, and the Illinois Department of Trans- and Enterprise; jobs at local res- cities create airport commissions. portation spent close to a year vetting taurants: McDonald’s and Burger King They form participating governments all of ALNAC’s work. In the end, the and Chili’s and KFC, Olive Garden, who then enter into an intergovern- Governor’s office found that ALNAC’s White Castle, Outback Steakhouse, mental agreement. And by entering public-private partnership is legal, is Steak ’n Shake, Red Lobster, Wendy’s, into that intergovernmental agree- viable and capable. Applebee’s, Panera Bread; convention ment, they form an airport authority And I’m proud of what this local centers, malls with entertainment with the State; the State which owns commission has done. I’m proud of our complexes, sport complexes, ware- lands, leases land or yields land to the private partners who want to invest houses, rail yards, all in the service in- airport authority who then, in turn, $700 million in Chicago’s new airport. dustry, and corporate headquarters, all provides that land to the developers. And I’m proud and happy that Presi- of which historically like to locate The developers make an investment in dent Obama and Illinois Governor near airports. the airfield. They build the airport. Quinn have a clear understanding that Hotels all across America must be at public-private partnerships are capa- 80 percent occupancy in order to be The income from the airfield comes to ble, indeed, perhaps necessary in build- profitable every single day. People who the developers who then pay the public ing, financing and operating world- stay in hotels tend to get to those ho- entity rent. class airports that will expand the Na- tels by flying there. Catching a taxi b 2030 tion’s aviation capacity and create jobs from an airport, or even renting a car, And that’s how the engine of our without using taxpayer dollars faster airports are the center of the service- economy for a local airport begins to than any single thing that this Con- based economy. Expanding the service- spin. And it continues to spin as the gress can do. based economy is the fastest way to airport begins to grow and begins to All of us in public life, as well as employ the American people and put manifest itself in the form of produc- many leaders in the private sector, are them, Mr. Speaker, back to work. tivity for those who take advantage of feeling the pressure to create jobs and And just like Dulles, which was the facility. If the private sector does Washington’s third airport, Chicago’s to rebuild America, or as the President it right, they reap profits that can then new third airport would create, over said, it’s time for us to take off our be shared with the communities that time, hundreds of thousands of new slippers, put on our marching shoes, formed the airport commission. This jobs. stop complaining, stop whining; we’ve So how do we build and finance an model is exactly what has been used at got work to do. airport in these tough economic times? new airport projects around the world Now I want to take a few minutes, I know someone out there in television for the last 40 years. Mr. Speaker, to show you just how this land is actually asking that question. The main reason this model hasn’t plan would work and introduce you to As the President said, the way to been used in the U.S. is simple. During a key concept that makes this finan- build new airports is through a public- the last 40 years, we haven’t built any cial model better than the one that ex- private partnership, by getting private new airports. In Chicago, we are fol- ists at virtually every U.S. airport in companies to invest their own capital lowing the new international model of the United States. The concept is without risk to taxpayers. In fact, Mr. the public-private partnership. First, called common-use gates. It simply Speaker, I learned a lot about public- we formed the local airport commis- means that airlines no longer build ter- private partnerships a dozen years ago sion to create and oversee the public- minals; so, therefore, they can no when I began researching ways to build private partnership. That commission, longer control the gates. Instead, the and finance a third airport for Chicago. formed in 2003, is comprised of 21 mu- gates are built and controlled by a pri- And the President is absolutely cor- nicipalities from three counties, Cook, vate company that has expertise in rect. I learned right here in the Con- Will and Kankakee, located near the running airports. For airlines, it means gress of the United States from my late airport site. These communities, who all gates can be used by any airline. colleague, Congressman Henry Hyde, call themselves the Abraham Lincoln And they pay for just the hour or so who introduced me to a number of con- National Airport Commission, or that they use to unload passengers, re- sultants who impressed upon us the ALNAC, work essentially as one city, load, and then take off. The common- need to move to public-private partner- and they make up the public side of the use gate concept, which is used at mod- ships in order to handle the Nation’s partnership. ern airports everywhere outside the future infrastructure demands. These 21 communities, again, acting United States, means terminals need Our research taught me that the old as one airport commission, then con- less space, which in turn means they method for financing and building air- ducted a global competition to find pri- cost less money. Ultimately, common-

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.142 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7326 CONGRESSIONAL RECORD — HOUSE November 3, 2011 use gates should save travelers time 2007 at the low emplanement hours, or tional airport models, is the idea of a and money. deplanement hours, 174 passengers common-use terminal. It’s really a pri- In closing, Mr. Speaker, I’m proud to would use the airport. The median vate sector model because we’re not report that the Abraham Lincoln Na- number of passengers per hour would building more airport than we need. It tional Airport Commission, or ALNAC, be 347, or the high number of pas- doesn’t compete with O’Hare Airport; along with its 21 municipal members sengers 695 passengers per hour. it doesn’t compete with Midway Air- and our private developers, have devel- What’s fascinating, Mr. Speaker, is port. In fact, Mr. Speaker, how could a oped a fully vetted, cost-effective plan the near perfect correlation between five-gate airport compete with O’Hare to update and expand our Nation’s in- the median numbers in 2007 and the low Airport or compete with Midway Air- frastructure, which costs taxpayers numbers in 2008, the median numbers port? It simply can’t. However, a five- nothing but will create tens of thou- in 2008 and the low numbers in 2009—or gate airport represents 15,000 right-now sands of jobs. let’s fast forward to where we are jobs for the local communities that This airport, Mr. Speaker, is bigger today, the median numbers in 2010, the need them the most. than just an airport in my congres- low numbers in 2011. The median num- That’s why Congressman JACKSON is sional district and for Chicago’s South- bers in 2011 compared to the out num- hanging around airports. Congressman, land. This airport would change the bers in 2012, what you can see is that all you do is talk about airports. Yeah, way we build things in the United because of the number of passengers because with airports come Hyatt Ho- States and will have national and glob- who use the airport every hour in suc- tels and Hilton Hotels and Fairmont al significance. This Republican-led ceeding years, it is possible to design Hotels, and Avis and Hertz and Dollar and all kinds of businesses that tend to Congress hasn’t been very helpful to an airport in 25,000 acres but actually locate near airports. Look at Arling- President Obama. In fact, this Congress scale it back to the size of an airport ton, Virginia. It is developed because it is determined not to pass a single piece that we need to build today, in other is close to Reagan Airport. Look at the of legislation that will help him put words, a cost-effective airport, annual Dulles corridor, home to 575,000 people the American people back to work. emplanements by 2012, 2,200,000; 2013, who work every day because of the air- Since the President is issuing execu- 2,700,000; 2023, 7,600,000. tive orders and looking for other ways port. Look at the Baltimore-Wash- b 2040 to go around this Republican-led and ington corridor; it’s tied to the airport. Look at all of the jobs and growth dysfunctional Congress, the beauty of Once, Mr. Speaker, we have deter- and economic activity out by O’Hare the Jackson plan to build a third air- mined how many passengers would use Airport. Look at the economic activity port in the Chicago area is that we such an airport, we then have to right- by LAX. The FAA said 20 years ago don’t need Congress or the Illinois Leg- size the airport. We have to determine the number of aircraft operations per that we need to build 10 new airports in islature to vote on or approve any- America the size of O’Hare Airport to thing. We just need the signature of hour that would have to exist at such a facility or be used at such a facility in handle the aviation problem then. How the Governor of Illinois on a land lease. many have we built in America while So what I need you to do is call the order to determine the size of the air- port that we need to build. China’s going to build 100 new airports? Governor of Illinois, 312–814–2121, that’s In 10 years, how many have we built in 312–814–2121, and tell him to lease the And once again, the median numbers equal the low numbers in each of the America? Not one. land to the Abraham Lincoln National So, what’s the key, Congressman succeeding years. Assuming an airport Airport Commission so we can give JACKSON, to this airport? Well, the rea- is built today, 31 total aircraft oper- President Obama a victory and begin son this airport’s going to be successful ations by 2012, 34 by 2013, 38 by 2018, and to put the American people back to is because United, American, and so forth, a near perfect correlation, work. Qantas do not own gates at this air- suggesting that every single year from Mr. Speaker, may I inquire as to how port. This airport is not contingent the moment this airport is built it will much time I have remaining? upon them assuming any debt or liabil- continue to expand. The SPEAKER pro tempore (Mr. ity for building the airport. Virgin Air- Well, Mr. Speaker, unlike using the RUNYAN). The gentleman has 29 min- lines does not own a gate at this air- old government model, because we are utes remaining. port. The airport is paid for, Mr. Mr. JACKSON of Illinois. Fantastic, using a for-profit model in a public-pri- Speaker, by the private sector. Amer- Mr. Speaker. I want to thank the gen- vate partnership, we should never build ican is welcomed to land and use the tleman for clarifying that for me. more airport than we need. We should gate. For the 1 hour that it takes them I want to spend the next 29 minutes never build more bridge than we need. to let their passengers on, let their pas- explaining to the American people how We should never build more road than sengers off, and get back on the run- modern airports will be constructed in we need because the private sector way, that’s all the amount of time that the United States. doesn’t have money to waste quite like we charge American, United, Qantas This is a mockup of the facility that government has money apparently to Air or Virgin Airways. we seek to build in the Second Congres- waste. So we have to right-size the air- So when you walk into this airport, sional District. It’s a small airport port. And as a result of the passenger it looks like a modern facility. There’s with five simple gates whose basic emplanement and the number of air- a big flat-screen television set behind footprint fits the local vernacular of craft that take off from the airport the ticket agent, and it has the logo of the communities that it will be built every hour, we are able to determine United Airlines or some airline on it. in. Between the Village of Monee, Uni- the size of an airport that we need to After the plane boards and then takes versity Park, Creek, Beecher and build by 2008, 2011, 2013, and 2018. off, guess what, Mr. Speaker. The flat- Peotone exist 25,000 acres of land, 25,000 The most cost-effective airport, screen television set, suddenly it has acres of land that have been designated Greenfield Airport, starts out with five the American logo on it, the same gate by the Federal Aviation Administra- gates, about 1,300 parking spaces, a ter- as the American flight pulls up to that tion for the building of a major air- minal size of about 142,000 square feet, terminal and takes off. A much more field. The light area on this map rep- and an apron of about 933,000 square efficient method of using gates at air- resents land that has been acquired by feet. Remember, Mr. Speaker, not one ports. This is the key concept behind the State of Illinois for the purposes of dollar spent by taxpayers to arrive at making the airport successful. building a major airport. this jobs plan. But because we are able to project So the private companies, the private Well, here’s the key to what we’re well into the future, in a $25,000-acre developers have done, Mr. Speaker, an trying to build in Illinois with the Gov- footprint, the size of a future facility, analysis to determine what is the ap- ernor’s signature—provided enough of we start out with hand drawing with a propriate size of the airport that they our constituents today call the Gov- five-gate airport, but we’re already should build as soon as humanly pos- ernor at 312–814–2121 and tell him to contemplating what it would mean sible for the purposes of relieving air sign the lease to the local commission. using the profits to build roads, to traffic in the region. And their analysis The real key to the concept and the build the infrastructure to make the showed that if the airport were built in success of this airport, unlike tradi- airport work.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.143 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7327 As you can see in the 10-to-25-year posed, one runway and five gates their lives go up. And with the buffer plan, we’re contemplating a ring road quickly becomes an 80-gate airport now between the last runway and the near- like a modern airport, where you enter needing two runways. This 80-gate air- est communities being more than a and you exit the airport, and if nec- port represents more than 130,000 jobs mile, there’s a significant noise reduc- essary you return to baggage claim or to a local economy, and we need to be tion factor already built into the ap- to departing passengers under a much building 10 airports just like this to al- propriate and proper planning of this broader facility. leviate today’s aviation and capacity airport. In the plus-25-year plan, we’re al- demands. The net present value of the public- ready widening the processor, that is, private joint venture, cash flow to par- b 2050 the processor where ticket agents and ticipating governments estimated at the Transportation Security Adminis- And you can also see under our air- nearly $230 million annually. tration help process passengers to glob- port in our field, we’re already looking Now, what do you do with $230 mil- al locations not only within the United at an expanded cargo area for UPS, lion? Well, as I shared with you at the States, but around the world. Federal Express, and other cargo-re- beginning, the State of Illinois has So because of accurate forecasting, lated international trade that would be only purchased this land, Mr. Speaker, Mr. Speaker, we build a small terminal the by-product of building this airport. just the light yellow land. But the en- in land owned by the State with a As I shared with you at the very out- tire footprint is the entire green land. small apron of about 933,000 square feet set of my presentation, Mr. Speaker, Well, with $230 million of net present and one 112,000-foot runway, which is while we’re building five gates and one value and profit from the facility, large enough to handle contemporary runway, the airport is being built in a which goes to the private developer and serious aircraft, including new aircraft 25,000-acre footprint. O’Hare Airport is comes back to the commission in the that are presently coming online. As in a 7,000-acre footprint. The footprint form of rent, that money begins to pur- you can see, we’ve already con- in my congressional district is four chase the remaining elements of the templated a small cargo space. times the size of the present footprint footprint in anticipation and with the Remember, I said I only wanted to of O’Hare International Airport, which expectation that the facility will ex- build with $700 million, not paid for by is somewhere between the busiest air- pand. So when the private developer the taxpayers. I just wanted to build port in the world, the second busiest, says it’s time to expand the airport, five gates—one, two, three, four, five. or the third busiest airport in the the land has already been acquired by But very quickly, for very little world. the government entity, again, not at a money, the airport expands to a 13-gate Well, when you start talking about cost to the taxpayer. But every time this airport expands airport. But for five gates, I’ve already an airport of this magnitude in a 25,000- by another 10 gates, it creates another employed 15,000 Americans. A 13-gate acre footprint, you’re obviously talk- 15,000 jobs to a local economy. No road airport employs 30,000 Americans. ing about a global facility. In the Mid- We’re already focusing on phase two. west, it means an absolutely func- can do that. No bridge can do that. Mr. Speaker, may I inquire as to how We tear down the wall between phase tioning O’Hare airport. It means a strong and strengthened Midway Air- much time I have left. one and phase two, and now the air- The SPEAKER pro tempore. The gen- port. But five gates and one runway port, Mr. Speaker, looks like this. tleman has 10 minutes remaining. Then we tear down the wall, a modest will eventually become this facility, Mr. JACKSON of Illinois. I’m really expansion of the airport for phase four runways, 200-plus gates and mas- excited about that, Mr. Speaker. Ten three. We build phase four. We’re con- sive cargo areas, both north and south, more minutes, I think I can talk till templating phase five. And then while within the airport footprint. tomorrow. That’s what I kind of like It’s actually kind of humbling, Mr. this part of the airport is functioning, about these Special Order speeches. we then go back to the other side of Speaker. It’s humbling to know that What’s the role of the public sector? the airport and modernize its processor for 17 years I’ve by been fighting to Well, it’s very limited, Mr. Speaker. without any disruption in customer build, without asking Congress for a It’s not that complicated. We’re a land- service. What started out as a one, two, single dollar, one runway and five lord. three, four, five-gate airport, it’s now gates, in land already owned by the I’ve been fighting for the last 7 years already a 40-gate airport, not paid for State of Illinois, to build this one run- back home. A lot of people say we want by the taxpayers, not paid for by the way and five gates to create 15,000 jobs. to be in control. Jackson, we like your airlines, with common-use gates and It’s humbling to know that I prob- ideas, we like your money, we like expanding infrastructure. ably won’t live to see this facility, the your developers. We want to be in con- Very quickly, the airport, Mr. Speak- 25-year-plus plan. And there’s almost trol. er, has now moved to a modern-looking no one in this Congress who’s likely to Mr. Speaker, that’s the old model, facility, paid for by the private sector be living to ever see this facility. But and they think like they’re still par- in a public-private partnership, includ- because of the size and scope and the ticipating in the old model. That’s not ing its roads. The roads that approach planning of the private sector, we can the new model, Mr. Speaker. The only the top of the airport are for departing already anticipate what the future of role that the public sector provides or planes. We’ve already got a ring road the airport will be, provided passenger plays in a public-private partnership is now coming around the airport for ar- forecasts and demand continue to they’re the landlord. That’s all. riving passengers. This 80-gate airport grow. Imagine this. The city of Wash- represents nearly 130,000 jobs to a local But I can scan and scale this very ington, D.C. wants to attract Target, a economy. large facility, Mr. Speaker, all the way shopping center, to its city. So it has There is absolutely nothing that Con- back to this little bitty facility that land somewhere in Washington. The gress can do to compete with an air- got started because President Barack city owns the land. It might be a va- port. If there’s going to be public works Obama said we need to use public pri- cant lot. It might be a dilapidated area. projects, a public works bill, we heard vate partnerships to build airports. The city owns the land. the President of the United States Why? Because airlines can’t afford So it says to Target, Target, we want stand right there and say he refuses to them anymore, and municipalities to enter into a public-private partner- accept that in America we can’t build don’t build runways anymore. They ship with you. We have land; you know one new airport while China is building simply can’t afford it, and so we have a how to run Target. If we give you the 100 new airports. I’m taking this time, model to make it happen. land, will you build Target? Mr. Speaker, to carefully explain to my What are the public sector benefits? Target says, yes. And for some lease colleagues how airports can be built Job creation, 15,000. Sales and income fee, some arrangement between the without you appropriating a single dol- taxes from businesses and individuals local government and Target, Target lar. who live and dwell around the facility. builds its own store, maybe a 25-year This is all I’m building, Mr. Speaker, Off-airport real estate taxes. People lease, maybe a 99-year lease. The only one runway and five gates. But over who live close to these things, their role that the government plays is in time, following the model that I pro- property values go up. The quality of leasing the land. That’s it.

VerDate Mar 15 2010 05:03 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.145 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7328 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Unfortunately, that’s not the Illinois ican people back to work. It can start chance to get one started so we can way. That’s not the Chicago way. The in Illinois, but it can spread very show you that it works. Chicago way is we need to be telling quickly by bringing the $2.5 trillion in I thank the Speaker, and I yield back people who are running their business private sector money that is sitting on the balance of my time. how to run their business. the sidelines and presently not engag- f You can’t do that. If we lease the ing the economy. land and Target builds the store, Tar- So, Mr. Speaker, I stripped the idea SENATE BILLS REFERRED get runs their own store. The business of an airport out of this model of a pub- Bills of the Senate of the following on the public land runs their own busi- lic-private partnership. This can be any titles were taken from the Speaker’s ness. government entity. table and, under the rule, referred as What do we get from it? We get It then enters into an intergovern- follows: taxes. We get employed Americans. We mental agreement with other govern- S. 271. An act to require the Secretary of get economic activity and less crime ments with an understanding that it Agriculture to enter into a property convey- and less violence. There’s a benefit to will have a relationship to the Federal ance with the city of Wallowa, Oregon, and the society when we make the trade-off Government, the State government, or for other purposes; to the Committee on Nat- in the public-private partnership where local governments in the form of land ural Resources. there is governance over the land. or utilities or whatever is required in S. 535. An act to authorize the Secretary of There are lease terms, but we’re not in order to get the business started. the Interior to lease certain lands within the management and the day-to-day We then lease the land to a devel- Fort Pulaski National Monument, and for operation of that business. other purposes; to the Committee on Natural oper, who then invests in the land to Resources. The same is true of this new airport. create jobs and economic opportunities S. 684. An act to provide for the convey- Most public airports, the local mayor, for the American people. The profits ance of certain parcels of land to the town of the local city council, the local politi- from the activity are paid to the devel- Alta, Utah; to the Committee on Natural Re- cians are all involved in the business, oper to help them satisfy and settle the sources. trying to get their cousins hired and obligations associated with the initial S. 897. An act to amend the Surface Mining get their friends hired. investment. And then the developer Control and Reclamation Act of 1977 to clar- Not in the new model. In the new rents the land or pays rent to the gov- ify that uncertified States and Indian tribes have the authority to use certain payments model we have the land, and we turn it ernment entity established by the local over to the developers to make judg- for certain noncoal reclamation projects and government and the profits can also be acid mine remediation programs; to the ments about what is the most cost-ef- shared by local governments. Committee on Natural Resources. fective way to run an airport. Mr. Speaker, it doesn’t have to be S. 997. An act to authorize the Secretary of Jackson, if you would just turn the airports. Public-private partnerships the Interior to extend a water contract be- developers over to us and let us—no, can also build roads. They may end up tween the United States and the East Bench no, no. I’ve been working on this too being toll roads because if the private Irrigation District; to the Committee on long. The way to do this right is for the sector makes an investment in a toll Natural Resources. politicians to stay out of it and turn it road, in a road that the public is going f over to the private sector so that they to use, certainly they need to get their SENATE ENROLLED BILLS SIGNED can do their job. money back. So how do they get their I’ve got to be honest with you. I ain’t money back? The Speaker announced his signature never ran a business before in my life. Well, after they’ve made the invest- to enrolled bills of the Senate of the I came right from the seminary and ment, it has to be a toll road. Public- following titles: right from law school to Congress. private partnerships can work. Public- S. 894. An act to amend title 38, United What kind of advice can I give an air- private partnerships can work for States Code, to provide for an increase, effec- port developer? bridges. It may be a toll bridge. Public- tive December 1, 2011, in the rates of com- What kind of advice can anyone pensation for veterans with service-con- private partnerships can work. nected disabilities and the rates of depend- who’s never run an airport before give Mr. Speaker, if we offer as a Congress some professional who’s in the airport ency and indemnity compensation for the the kinds of incentives that encourage survivors of certain disabled veterans, and business? Absolutely none. public-private partnerships, we can put And so you need to have a hands-off for other purposes. the American people to work in quick S. 1280. An act to amend the Peace Corps approach to allowing a public-private order. Act to require sexual assault risk-reduction partnership to operate at a profit with- Mr. Speaker, I am particularly hon- and response training, the development of a out political interference. ored and privileged that you’ve allowed sexual assault policy, the establishment of Land, that’s your public sector role. me the opportunity to share with my an Office of Victim Advocacy, the establish- You’re a landlord. You’re responsible ment of a Sexual Assault Advisory Council, colleagues and with the American peo- for getting utilities to the fence. That’s and for other purposes. ple the importance of a project in my what you’re responsible for. You’re re- congressional district. I am particu- f sponsible for regulatory permits and larly honored that my constituents approvals. That’s what the public is re- ADJOURNMENT have been leading this charge for build- sponsible for. You’re responsible for Mr. JACKSON of Illinois. Mr. Speak- ing new airports in the United States. highways and transit improvements, er, I move that the House do now ad- We need to build 10 of them just like which the public-private partnership journ. this. can, in fact, help pay for because it’s a The motion was agreed to; accord- I’m hoping, Mr. Speaker, that those for-profit venture making a profit. ingly (at 9 o’clock and 3 minutes p.m.), So, Mr. Speaker, I’ve talked about of us who want to see and help Presi- the House adjourned until tomorrow, the need to build a new airport. I dent Barack Obama be successful that Friday, November 4, 2011, at 9 a.m. we will call 312–814–2121 and encourage showed you tonight that we don’t need f the Congress of the United States that the Governor of the State of Illinois to does not want to help Barack Obama. give Barack Obama the victory that he EXECUTIVE COMMUNICATIONS, We don’t need Congress for nothing to needs and the victory that he deserves ETC. that can show us a way to put the get this model moving. Under clause 2 of rule XIV, executive American people to work without rais- We just need the Governor of the communications were taken from the ing taxes, without borrowing more State of Illinois, Governor Pat Quinn, Speaker’s table and referred as follows: money, without passing another gov- area code (312)814–2121, to lease the 3730. A letter from the Chief, Planning and land to the governments that have es- ernment program. Public-private partnerships, Mr. Regulatory Affairs Branch, Department of tablished this commission. Agriculture, transmitting the Department’s Speaker, can work. I’m asking my col- b 2100 final rule — Special Supplemental Nutrition leagues and those who can hear my Program for Women, Infants and Children From that we will have a national voice to give the people of the Second (WIC): Implementation of Nondiscretionary, model emerge on how to put the Amer- Congressional District of Illinois a Non-Electronic Benefits Transfer-Related

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K03NO7.147 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7329 Provisions (RIN: 0584-AE13) received October tion, transmitting the Administration’s final for fiscal years 2012 through 2015, and for 12, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to rule — Fisheries of the Caribbean, Gulf of other purposes (Rept. 112–267). Referred to the Committee on Agriculture. Mexico, and South Atlantic; Coastal Migra- the House Calendar. 3731. A letter from the Congressional Re- tory Pelagic Resources of the Gulf of Mexico f view Coordinator, Department of Agri- and South Atlantic; Closure [Docket No.: culture, transmitting the Department’s final 001005281-0369-02] (RIN: 0648-XA690) received PUBLIC BILLS AND RESOLUTIONS rule — Importation of Tomatoes With Stems October 12, 2011, pursuant to 5 U.S.C. From the Republic of Korea Into the United 801(a)(1)(A); to the Committee on Natural Under clause 2 of rule XII, public States [Docket No.: APHIS-2010-0020] (RIN: Resources. bills and resolutions of the following 0579-AD33) received October 31, 2011, pursuant 3741. A letter from the Acting Director, Of- titles were introduced and severally re- to 5 U.S.C. 801(a)(1)(A); to the Committee on fice of Sustainable Fisheries, NMFS, Na- ferred, as follows: Agriculture. tional Oceanic and Atmospheric Administra- By Mr. DOLD (for himself and Mr. 3732. A letter from the Chief Counsel, De- tion, transmitting the Administration’s final QUIGLEY): partment of Homeland Security, transmit- rule — Pacific Cod by Non-American Fish- H.R. 3332. A bill to require each agency to ting the Department’s final rule — Suspen- eries Act Crab Vessels Harvesting Pacific prepare and make public quarterly and an- sion of Community Eligibility [Docket IN: Cod for Processing by the Inshore Compo- nual consolidated financial statements using FEMA-2011-0002] [Internal Agency Docket nent in the Central Regulatory Area of the the fair-value accrual accounting method, to No.: FEMA-8201] received October 19, 2011, Gulf of Alaska [Docket No.: 101126522-0640-02] require the Congressional Budget Office to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 0648-XA715) received October 21, 2011, use current-year spending as the baseline for mittee on Financial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- estimating future mandatory and discre- 3733. A letter from the Deputy to the mittee on Natural Resources. tionary changes, and for other purposes; to Chairman, Federal Deposit Insurance Cor- 3742. A letter from the Deputy Assistant the Committee on the Budget, and in addi- poration, transmitting the Corporation’s Administrator for Regulatory Programs, tion to the Committee on Oversight and Gov- final rule — Disclosure of Information; Pri- NMFS, National Oceanic and Atmospheric ernment Reform, for a period to be subse- vacy Act Regulations; Notice and Amend- Administration, transmitting the Adminis- quently determined by the Speaker, in each ments (RIN: 3064-AD83) received October 11, tration’s final rule — Fisheries of the Carib- case for consideration of such provisions as 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the bean, Gulf of Mexico, and South Atlantic; fall within the jurisdiction of the committee Committee on Financial Services. Stone Crab Fishery of the Gulf of Mexico; concerned. 3734. A letter from the General Counsel, Removal of Regulations [Docket No.: By Mr. STARK (for himself, Mr. RAN- National Credit Union Administration, 110707375-1578-02] (RIN: 0648-BB07) received GEL, Ms. BASS of California, Mr. GRI- transmitting the Administration’s final rule October 21, 2011, pursuant to 5 U.S.C. JALVA, Ms. SLAUGHTER, Mr. BECERRA, — Sample Income Data To Meet the Low-In- 801(a)(1)(A); to the Committee on Natural Mr. POLIS, Ms. MOORE, and Mr. NAD- come Definition (RIN: 3133-AD76) received Resources. LER): October 11, 2011, pursuant to 5 U.S.C. 3743. A letter from the Deputy Assistant H.R. 3333. A bill to amend part E of title IV 801(a)(1)(A); to the Committee on Financial Administrator for Regulatory Programs, of the Social Security Act to require States Services. NMFS, National Oceanic and Atmospheric 3735. A letter from the Director, Regula- to help alien children in the child welfare Administration, transmitting the Adminis- system apply for all available forms of immi- tions Policy and Management Staff, Depart- tration’s final rule — Fisheries of the North- ment of Health and Human Services, trans- gration relief, and for other purposes; to the eastern United States; Northeast (NE) Multi- Committee on Ways and Means, and in addi- mitting the Department’s final rule — Envi- species Fishery; Framework Adjustment ronmental Impact Considerations, Food Ad- tion to the Committee on Agriculture, for a (FW) 45; Adjustments for Fishing Year (FY) period to be subsequently determined by the ditives, and Generally Recognized As Safe 2011 [Docket No.: 100923469-1543-05] (RIN: 0648- Substances; Technical Amendments [Docket Speaker, in each case for consideration of BA27) received October 21, 2011, pursuant to 5 such provisions as fall within the jurisdic- No.: FDA-2011-N-0011] received October 11, U.S.C. 801(a)(1)(A); to the Committee on Nat- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion of the committee concerned. ural Resources. By Mrs. MALONEY (for herself, Mr. Committee on Energy and Commerce. 3744. A letter from the Acting Director, Of- 3736. A letter from the Deputy General GRIJALVA, Mr. MARKEY, Ms. ROYBAL- fice of Sustainable Fisheries, NMFS, Na- Counsel, Federal Energy Regulatory Com- ALLARD, Mr. CLEAVER, Ms. HIRONO, tional Oceanic and Atmospheric Administra- mission, transmitting the Commission’s Mr. CONYERS, Mr. ACKERMAN, Mr. tion, transmitting the Administration’s final final rule — Interpretation of Transmission MORAN, Mr. SABLAN, Mr. ELLISON, rule — Fisheries of the Exclusive Economic Planning Reliability Standard [Docket No.: Ms. BORDALLO, Mrs. CAPPS, Ms. Zone Off Alaska; Shallow-Water Species by RM10-6-000; Order No. 754] received October SCHWARTZ, Mr. HONDA, Mr. HINCHEY, Vessels Using Trawl Gear in the Gulf of Alas- 11, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. WAXMAN, Mr. STARK, Mr. ka [Docket No.: 101126522-0640-02] (RIN: 0648- the Committee on Energy and Commerce. SERRANO, Mr. KUCINICH, Mr. NADLER, XA722) received October 12, 2011, pursuant to 3737. A letter from the Director, Office of Mrs. NAPOLITANO, Ms. LEE of Cali- 5 U.S.C. 801(a)(1)(A); to the Committee on Congressional Affairs, Nuclear Regulatory fornia, Mr. FARR, Mr. BERMAN, Mr. Natural Resources. Commission, transmitting the Commission’s KILDEE, Mr. MCNERNEY, and Mr. 3745. A letter from the Acting Director, Of- final rule — Design-Basis Hurricane and Hur- GEORGE MILLER of California): fice of Sustainable Fisheries, NMFS, Na- ricane Missiles for Nuclear Power Plants H.R. 3334. A bill to designate certain Na- tional Oceanic and Atmospheric Administra- Regulatory Guide 1.221 received October 11, tional Forest System lands and public lands tion, transmitting the Administration’s final 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the under the jurisdiction of the Secretary of the rule — Fisheries of the Caribbean, Gulf of Committee on Energy and Commerce. Interior in the States of Idaho, Montana, Or- 3738. A letter from the Acting District of Mexico, and South Atlantic; Snapper-Group- egon, Washington, and Wyoming as wilder- Columbia Auditor, Office of the District of er Fishery of the South Atlantic; Closure ness and wild and scenic rivers, to provide Columbia Auditor, transmitting a letter re- [Docket No.: 040205043-4043-01] (RIN: 0648- for the establishment of a Northern Rockies port entitled, ‘‘Comparative Analysis of Ac- XA677) received October 12, 2011, pursuant to Wildlife Habitat and Corridors Information tual Cash Collections to the Revised Revenue 5 U.S.C. 801(a)(1)(A); to the Committee on System and Program, and for other purposes; Estimate Through the 3rd Quarter of Fiscal Natural Resources. to the Committee on Natural Resources. Year 2011’’, pursuant to D.C. Code section 47- f By Mr. BILIRAKIS: 117(d); to the Committee on Oversight and H.R. 3335. A bill to make the National Government Reform. REPORTS OF COMMITTEES ON Parks and Federal Recreational Lands Pass 3739. A letter from the Acting District of PUBLIC BILLS AND RESOLUTIONS available at a discount to members of the Columbia Auditor, Office of the District of Under clause 2 of rule XIII, reports of Armed Forces and veterans; to the Com- Columbia Auditor, transmitting three letter committees were delivered to the Clerk mittee on Natural Resources. reports entitled, (1) ‘‘Audit of Advisory By Mrs. HARTZLER: Neighborhood Commission 2F for Fiscal for printing and reference to the proper H.R. 3336. A bill to ensure the exclusion of Years 2008 Through 2011, as of March 31, calendar, as follows: small lenders from certain regulations of the 2011’’, (2) ’’Audit of Advisory Neighborhood Mr. MICA: Committee on Transportation Dodd-Frank Act; to the Committee on Agri- Commission 4D for Fiscal Years 2008 and Infrastructure. H.R. 2840. A bill to amend culture. Through 2011, as of March 31, 2011‘‘, and (3) the Federal Water Pollution Control Act to By Mr. AKIN (for himself, Mr. KISSELL, ’’Audit of Advisory Neighborhood Commis- regulate discharges from commercial vessels, Mr. HEINRICH, Mr. SCHIFF, Mr. CAR- sion 5A for Fiscal Years 2008 Through 2011, as and for other purposes; with an amendment SON of Indiana, Mr. BARTLETT, Mr. of March 31, 2011‘‘, pursuant to 15 U.S.C. (Rept. 112–266). Referred to the Committee of CONYERS, Ms. CASTOR of Florida, Mr. 2076(j); to the Committee on Oversight and the Whole House on the state of the Union. LUJA´ N, Mr. GRIJALVA, Ms. BORDALLO, Government Reform. Mr. WEBSTER: Committee on Rules. Mr. OWENS, Mr. HANNA, Mr. PEARCE, 3740. A letter from the Acting Director, Of- House Resolution 455. Resolution providing Mr. ROE of Tennessee, Mr. LONG, Mr. fice of Sustainable Fisheries, NMFS, Na- for consideration of the bill (H.R. 2838) to au- LOBIONDO, Mr. LATHAM, and Mr. tional Oceanic and Atmospheric Administra- thorize appropriations for the Coast Guard FRANKS of Arizona):

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\L03NO7.000 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7330 CONGRESSIONAL RECORD — HOUSE November 3, 2011 H.R. 3337. A bill to direct the Secretary of for other purposes; to the Committee on the educational assistance provided by the De- Veterans Affairs to establish an open burn Judiciary. partment of Veterans Affairs for franchise pit registry to ensure that members of the By Mr. BUTTERFIELD (for himself training; to the Committee on Veterans’ Af- Armed Forces who may have been exposed to and Mr. MCHENRY): fairs, and in addition to the Committee on toxic chemicals and fumes caused by open H.R. 3345. A bill to direct Federal agencies Armed Services, for a period to be subse- burn pits while deployed to Afghanistan or to transfer excess Federal electronic equip- quently determined by the Speaker, in each Iraq receive information regarding such ex- ment, including computers, computer com- case for consideration of such provisions as posure, and for other purposes; to the Com- ponents, printers, and fax machines, to edu- fall within the jurisdiction of the committee mittee on Veterans’ Affairs. cational recipients; to the Committee on concerned. By Mr. MCNERNEY (for himself, Mr. Oversight and Government Reform. By Mr. ISRAEL (for himself, Mr. MUR- BISHOP of New York, and Mr. By Mr. DOGGETT (for himself, Mr. PHY of Pennsylvania, Mr. FILNER, Mr. PETERS): LEVIN, Mr. STARK, Mr. MCDERMOTT, BISHOP of New York, Mr. GRIMM, Mr. H.R. 3338. A bill to amend the Internal Rev- Mr. LEWIS of Georgia, Mr. NEAL, Mr. TOWNS, and Mr. BOSWELL): enue Code of 1986 to provide for the identi- BECERRA, Mr. BLUMENAUER, Mr. PAS- H.R. 3352. A bill to amend the Internal Rev- fication of corporate tax haven countries and CRELL, Ms. BERKLEY, Mr. CROWLEY, enue Code of 1986 to allow taxpayers to des- increased penalties for tax evasion practices Mr. RANGEL, Mr. DINGELL, Mr. GENE ignate overpayments of tax as contributions in haven countries that ship United States GREEN of Texas, Mr. REYES, Mr. to the homeless veterans assistance fund; to jobs overseas, and for other purposes; to the PETERS, Mr. JOHNSON of Georgia, Mr. the Committee on Ways and Means, and in Committee on Ways and Means, and in addi- PAYNE, Ms. DELAURO, Ms. LEE of addition to the Committee on Veterans’ Af- tion to the Committee on Oversight and Gov- California, Mr. TOWNS, Ms. NORTON, fairs, for a period to be subsequently deter- ernment Reform, for a period to be subse- Ms. WOOLSEY, Mr. KILDEE, Mr. mined by the Speaker, in each case for con- quently determined by the Speaker, in each MEEKS, Mr. GEORGE MILLER of Cali- sideration of such provisions as fall within case for consideration of such provisions as fornia, Mr. SERRANO, Ms. MOORE, Mr. the jurisdiction of the committee concerned. fall within the jurisdiction of the committee NADLER, Mr. JACKSON of Illinois, Ms. By Mr. KIND: concerned. BROWN of Florida, Mr. FRANK of Mas- H.R. 3353. A bill to authorize the Secretary By Mr. DAVIS of Kentucky (for him- sachusetts, Mr. DEUTCH, Ms. SCHA- of the Interior to carry out programs and ac- self, Mr. DOGGETT, Mr. ISSA, Mr. KOWSKY, Mrs. MALONEY, Mr. COHEN, tivities that connect Americans, especially LEWIS of Georgia, Mr. HERGER, Mr. Ms. EDWARDS, Mr. HINOJOSA, Mr. children, youth, and families, with the out- NUNES, Mr. TIBERI, Mr. REICHERT, Mr. HASTINGS of Florida, Ms. EDDIE BER- doors; to the Committee on Natural Re- BOUSTANY, Mr. PRICE of Georgia, Ms. NICE JOHNSON of Texas, Mr. ANDREWS, sources, and in addition to the Committee on JENKINS, Mr. PAULSEN, Mr. MARCH- Mr. CUMMINGS, Mr. AL GREEN of Energy and Commerce, for a period to be ANT, Mr. BERG, Mrs. BLACK, Mr. Texas, Mr. WATT, Mr. BERMAN, Ms. subsequently determined by the Speaker, in REED, and Mr. LANKFORD): JACKSON LEE of Texas, Mr. GONZALEZ, each case for consideration of such provi- H.R. 3339. A bill to establish consistent re- Ms. VELA´ ZQUEZ, Ms. SLAUGHTER, Mr. sions as fall within the jurisdiction of the quirements for the electronic content and TIERNEY, Mr. DICKS, Mr. CARNAHAN, committee concerned. format of data used in the administration of and Mr. CICILLINE): By Mr. LUJA´ N: certain human services programs under the H.R. 3346. A bill to amend title IV of the H.R. 3354. A bill to adjust the boundary of Social Security Act; to the Committee on Supplemental Appropriations Act, 2008 to the Carson National Forest, New Mexico; to Ways and Means, and in addition to the Com- provide for the continuation of certain un- the Committee on Natural Resources. ´ mittee on Energy and Commerce, for a pe- employment benefits, and for other purposes; By Mr. LUJAN (for himself and Mr. riod to be subsequently determined by the to the Committee on Ways and Means, and in HEINRICH): Speaker, in each case for consideration of addition to the Committee on Transpor- H.R. 3355. A bill to direct the Secretary of such provisions as fall within the jurisdic- tation and Infrastructure, for a period to be Veterans Affairs to establish a grant pro- tion of the committee concerned. subsequently determined by the Speaker, in gram to assist veterans find employment, to By Mr. BILBRAY (for himself and Mr. each case for consideration of such provi- make permanent and modify the work oppor- BARROW): sions as fall within the jurisdiction of the tunity tax credit with respect to unemployed H.R. 3340. A bill to direct the Secretary of committee concerned. veterans, and for other purposes; to the Com- Commerce to establish a grant program to By Mr. FORTENBERRY: mittee on Ways and Means, and in addition provide veterans with apprenticeships and H.R. 3347. A bill to exempt any road, high- to the Committee on Veterans’ Affairs, for a career advice; to the Committee on Vet- way, or bridge damaged by a natural dis- period to be subsequently determined by the erans’ Affairs. aster, including a flood, from duplicative en- Speaker, in each case for consideration of By Ms. HIRONO (for herself and Mr. vironmental document reviews if the road, such provisions as fall within the jurisdic- highway, or bridge is reconstructed in the DREIER): tion of the committee concerned. H.R. 3341. A bill to amend the Immigration same location; to the Committee on Natural By Mr. DANIEL E. LUNGREN of Cali- and Nationality Act to stimulate inter- Resources, and in addition to the Committee fornia (for himself, Mr. HUNTER, Mr. on Transportation and Infrastructure, for a national tourism to the United States; to the CALVERT, and Ms. JENKINS): period to be subsequently determined by the Committee on the Judiciary, and in addition H.R. 3356. A bill to amend the Americans Speaker, in each case for consideration of to the Committee on Homeland Security, for with Disabilities Act of 1990 to impose notice such provisions as fall within the jurisdic- a period to be subsequently determined by and a compliance opportunity to be provided tion of the committee concerned. the Speaker, in each case for consideration before commencement of a private civil ac- By Mr. GENE GREEN of Texas: tion; to the Committee on the Judiciary. of such provisions as fall within the jurisdic- H.R. 3348. A bill to amend title II of the So- By Ms. MCCOLLUM (for herself, Mr. tion of the committee concerned. cial Security Act to remove the limitation SCHOCK, Mr. SENSENBRENNER, Ms. By Mr. BASS of New Hampshire (for upon the amount of outside income which an ESHOO, Mr. LATOURETTE, Ms. himself, Mrs. EMERSON, and Mr. individual may earn while receiving benefits DEGETTE, Mrs. EMERSON, Mr. SIMP- WELCH): under such title, and for other purposes; to SON, Mr. CHANDLER, Mr. TIBERI, Ms. H.R. 3342. A bill to amend title XIX of the the Committee on Ways and Means. MOORE, Mr. DENT, Mr. JACKSON of Il- Social Security Act to encourage States to By Mr. GRIFFIN of Arkansas: increase generic drug utilization under Med- H.R. 3349. A bill to amend title 10, United linois, Mrs. NAPOLITANO, Mr. MORAN, icaid; to the Committee on Energy and Com- States Code, to recognize the distance edu- Mr. MCDERMOTT, Ms. BROWN of Flor- merce. cation program developed by the Department ida, Mr. RANGEL, Mr. GRIJALVA, Mrs. By Mrs. BLACKBURN (for herself, Mr. of Defense to provide advanced joint profes- MALONEY, Ms. BALDWIN, Mr. HONDA, COOPER, Mrs. BLACK, Mr. ROE of Ten- sional military education through a com- Mr. MCGOVERN, Mr. MCNERNEY, Ms. nessee, Mr. FLEISCHMANN, Mr. bination of non-resident and resident in- EDDIE BERNICE JOHNSON of Texas, Mr. FINCHER, Mr. GRIFFIN of Arkansas, struction as equivalent to the joint profes- CONYERS, Mr. PAYNE, Ms. HIRONO, Mr. Mr. GOHMERT, Mr. GUTHRIE, Mr. sional military education phase II program ISRAEL, Mr. ANDREWS, Mr. KIND, Ms. COHEN, and Mr. SHULER): consisting of exclusively of resident instruc- LEE of California, Mr. BRADY of H.R. 3343. A bill to amend the Internal Rev- tion; to the Committee on Armed Services. Pennsylvania, Mr. PAULSEN, Mr. enue Code of 1986 to make permanent the By Mr. GRIFFIN of Arkansas: COHEN, Mr. MURPHY of Connecticut, rule providing 5-year amortization of ex- H.R. 3350. A bill to amend title 38, United Ms. SCHAKOWSKY, Mr. TOWNS, Mr. penses incurred in creating or acquiring States Code, to clarify the waiver period KILDEE, Mr. MARKEY, Mr. RYAN of music or music copyrights; to the Com- with respect to a deductible made by a vet- Ohio, Mr. BLUMENAUER, Ms. SLAUGH- mittee on Ways and Means. eran for certain travel costs necessary to re- TER, Ms. SCHWARTZ, Mr. HASTINGS of By Mr. BLUMENAUER (for himself and ceive treatment at facilities of the Depart- Florida, Ms. RICHARDSON, Ms. NOR- Ms. HAHN): ment of Veterans Affairs; to the Committee TON, Mr. CARNAHAN, Mr. JOHNSON of H.R. 3344. A bill to amend the Act of Sep- on Veterans’ Affairs. Georgia, Mrs. CAPPS, and Ms. tember 30, 1961, to limit the antitrust exemp- By Mr. GRIFFIN of Arkansas: DELAURO): tion applicable to broadcasting agreements H.R. 3351. A bill to amend title 38, United H.R. 3357. A bill to protect girls in devel- made by leagues of professional sports, and States Code, to allow certain veterans to use oping countries through the prevention of

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A bill to amend title 40, United By Ms. MATSUI (for herself, Mr. BLU- lation pursuant to the following: States Code, to extend the authorization of MENAUER, Mrs. CHRISTENSEN, Mr. Article I, section 8 of the Constitution of the Northern Border Regional Commission, CONYERS, Mr. FILNER, Mr. GRIJALVA, the United States. and for other purposes; to the Committee on Ms. KAPTUR, Ms. LEE of California, By Mr. MCNERNEY: Transportation and Infrastructure, and in Mr. MCGOVERN, Mr. MORAN, Ms. NOR- H.R. 3338. addition to the Committee on Financial TON, Mr. SABLAN, and Mr. SERRANO): Congress has the power to enact this legis- Services, for a period to be subsequently de- H. Res. 454. A resolution supporting the lation pursuant to the following: termined by the Speaker, in each case for goals and ideals of National Community Gar- Article I, Section 8 of the U.S. Constitu- consideration of such provisions as fall with- dening Awareness Month; to the Committee tion. in the jurisdiction of the committee con- on Oversight and Government Reform. By Mr. DAVIS of Kentucky: cerned. By Mr. FILNER: H.R. 3339. By Mr. MORAN (for himself, Mr. ROTH- H. Res. 456. A resolution encouraging civil- Congress has the power to enact this legis- MAN of New Jersey, Mr. FILNER, Mr. ians to observe Veterans Day by listening, lation pursuant to the following: Article I, Section 8, Clause 1 of the United YOUNG of Florida, Mr. RAHALL, Mr. with respect and without judgment, to the States Constitution, to ‘‘provide for the com- STARK, Mr. KUCINICH, Mr. NADLER, stories of combat veterans; to the Com- mon Defence and general Welfare of the Mr. VAN HOLLEN, and Mr. POLIS): mittee on Veterans’ Affairs. H.R. 3359. A bill to amend the Animal Wel- By Mr. ROE of Tennessee: United States.’’ fare Act to restrict the use of exotic and H. Res. 457. A resolution encouraging indi- By Mr. BILBRAY: H.R. 3340. non-domesticated animals in traveling cir- viduals to seek training in the use of Congress has the power to enact this legis- cuses and exhibitions; to the Committee on cardiopulmonary resuscitation (CPR) and Agriculture. lation pursuant to the following: automated external defibrillators (AEDs), To make all Laws which shall be necessary By Mr. RENACCI (for himself, Mr. CAR- and for other purposes; to the Committee on and proper for carrying into Execution the NEY, Mr. MEEHAN, Mr. WEBSTER, Mr. Energy and Commerce. foregoing Powers, and all other Powers vest- QUIGLEY, and Mr. WELCH): f H.R. 3360. A bill to amend the Internal Rev- ed by this Constitution in the Government of enue Code of 1986 to allow a deduction for CONSTITUTIONAL AUTHORITY the United States, or in any Department or contributions to tax-exempt Housing Equity STATEMENT Officer thereof. Savings Accounts; to the Committee on By Ms. HIRONO: Ways and Means. Pursuant to clause 7 of rule XII of H.R. 3341. By Mr. SCHIFF: the rules of the House of Representa- Congress has the power to enact this legis- H.R. 3361. A bill to direct the Attorney tives, the following statements are sub- lation pursuant to the following: General to design and implement a proce- Clause 4, Section 8, of Article I, of the Con- mitted regarding the specific powers stitution dure to permit enhanced searches of the Na- granted to Congress in the Constitu- tional DNA Index System; to the Committee By Mr. BASS of New Hampshire: tion to enact the accompanying bill or H.R. 3342. on the Judiciary. joint resolution. Congress has the power to enact this legis- By Mrs. SCHMIDT (for herself, Mr. lation pursuant to the following: COBLE, and Mr. BUCSHON): By Mr. DOLD: Article I, Section 8, Clause 3 H.R. 3362. A bill to limit the manner in H.R. 3332. By Mrs. BLACKBURN: which Amtrak is authorized to provide food Congress has the power to enact this legis- H.R. 3343. and beverage service; to the Committee on lation pursuant to the following: Congress has the power to enact this legis- Transportation and Infrastructure. Article 1, Section 9, clause 7, which states, ‘‘No money shall be drawn from the Treas- lation pursuant to the following: By Mr. WELCH (for himself, Mr. Article I, Section 8, Clause 1 MICHAUD, Mr. OWENS, and Ms. PIN- ury, but in Consequence of Appropriations made by Law, and a regular statement and By Mr. BLUMENAUER: GREE of Maine): H.R. 3344. Account of the Receipts and Expenditures of H.R. 3363. A bill to amend title 18, United Congress has the power to enact this legis- all public Money shall be published from States Code, to prohibit fraudulently rep- lation pursuant to the following: resenting a product to be maple syrup; to the time to time.’’ The bill I am introducing today, the Give Committee on the Judiciary. By Mr. STARK: Fans a Chance Act, modifies the Act of Sep- By Ms. BERKLEY (for herself, Mr. H.R. 3333. tember 30, 1961 (Public Law 87–331; 15 U.S.C. Congress has the power to enact this legis- ENGEL, Mr. BILIRAKIS, Mr. GRIMM, 1291 et seq.), which Congress enacted pursu- lation pursuant to the following: Mrs. MALONEY, Mr. PALLONE, and Mr. ant to its powers under the commerce clause Clause 1, Section 8 of article I of the Con- ROYCE): of the U.S. Constitution, as well as its pow- stitution, to ‘‘provide for the common H.J. Res. 83. A joint resolution dis- ers to tax and spend for the general welfare. Defence and general Welfare of the United approving the issuance of a letter of offer Congress has the power under those provi- States.’’ with respect to a certain proposed sale of de- sions to enact this legislation as well. By Mrs. MALONEY: fense articles and defense services to Tur- By Mr. BUTTERFIELD: key; to the Committee on Foreign Affairs. H.R. 3334. H.R. 3345. By Ms. LEE of California (for herself, Congress has the power to enact this legis- Congress has the power to enact this legis- Mr. CARNAHAN, Mr. HONDA, Mr. lation pursuant to the following: lation pursuant to the following: ISRAEL, Mr. GRIJALVA, Mr. PAYNE, Article IV, Section 3, Clause 2, relating to Article I, Section 8 of the United States Mrs. MALONEY, Ms. WOOLSEY, Ms. the power of Congress to dispose of and make Constitution. SPEIER, and Mrs. CAPPS): all needful rules and regulations respecting By Mr. DOGGETT: H. Con. Res. 84. Concurrent resolution rec- the territory or other property belonging to H.R. 3346. ognizing the disparate impact of climate the United States. Congress has the power to enact this legis- change on women and the efforts of women By Mr. BILIRAKIS: lation pursuant to the following: globally to address climate change; to the H.R. 3335. Article I, Section 8 of the Constitution Committee on Energy and Commerce. Congress has the power to enact this legis- that grants Congress the authority, ‘‘To By Ms. BALDWIN (for herself, Mr. HIG- lation pursuant to the following: make all Laws which shall be necessary and GINS, Mr. TOWNS, Mr. TIERNEY, Mr. Article I, section 8 of the United States proper for carrying into Execution the for- HINCHEY, Ms. LEE of California, Ms. Constitution (clauses 1, 12, 13, 14, and 16), going Powers, and all other Powers vested by SCHAKOWSKY, Mr. CICILLINE, Ms. KAP- which grants Congress the power to lay and this Constitution in the Government of the TUR, Mr. GRIJALVA, Mr. JACKSON of Il- collect Taxes, Duties, Imposts and Excises, United States, or in any Department or Offi- linois, Ms. WOOLSEY, Mr. to pay the Debts and provide for the common cer thereof.’’ MCDERMOTT, Mr. STARK, Mr. THOMP- Defense and general Welfare of the United By Mr. FORTENBERRY: SON of California, Ms. MATSUI, Mr. States; raise and support Armies; to provide H.R. 3347. HASTINGS of Florida, Mr. HOLT, Ms. and maintain a Navy; to make rules for the Congress has the power to enact this legis- MOORE, Mr. MCGOVERN, Ms. TSONGAS, government and regulation of the land and lation pursuant to the following: Mr. ELLISON, Mr. COHEN, Mr. LARSON naval forces; and to provide for organizing, Article I, Section 8, Clause 1 of the United of Connecticut, Mr. CUMMINGS, Mr. arming, and disciplining the militia. States Constitution. KUCINICH, Mr. GUTIERREZ, and Mr. By Mrs. HARTZLER: By Mr. GENE GREEN of Texas: CONYERS): H.R. 3336. H.R. 3348. H. Con. Res. 85. Concurrent resolution ex- Congress has the power to enact this legis- Congress has the power to enact this legis- pressing the sense of the House of Represent- lation pursuant to the following: lation pursuant to the following:

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Article I, Section 8, Clause 3 of the U.S. Taxes, Duties, Imposts and Excises, to pay H.R. 328: Mr. CAPUANO. Constitution (the Commerce Clause). the Debts and provide for the common H.R. 329: Mr. CARNAHAN and Mr. PLATTS. By Mr. GRIFFIN of Arkansas: Defence and general Welfare of the United H.R. 402: Mr. PRICE of North Carolina. H.R. 3349. States; but all Duties, Imposts and Excises H.R. 452: Mr. JOHNSON of Illinois. Congress has the power to enact this legis- shall be uniform throughout the United H.R. 504: Mr. GRIFFIN of Arkansas. lation pursuant to the following: States.’’ H.R. 507: Mr. JOHNSON of Illinois. Article I, Section 8, Clause 14: To make Article I, Section 8, Clause 18: ‘‘The Con- H.R. 576: Ms. LEE of California. Rules for the Government and Regulation of gress shall have Power To make all Laws H.R. 598: Mr. CUELLAR and Mr. MEEKS. the land and naval Forces. which shall be necessary and proper for car- H.R. 615: Mr. WALSH of Illinois. By Mr. GRIFFIN of Arkansas: rying into Execution the foregoing Powers, H.R. 640: Mr. BISHOP of New York, Mr. H.R. 3350. and all other Powers vested by the Constitu- ELLISON, Ms. DEGETTE, and Mr. TOWNS. Congress has the power to enact this legis- tion in the Government of the United States, H.R. 648: Mr. FITZPATRICK. lation pursuant to the following: or in any Department or Officer thereof.’’ H.R. 676: Mr. PASTOR of Arizona. Article I, Section 8, Clause 18 The Congress Amendment XVI: ‘‘The Congress shall have H.R. 719: Mr. KING of Iowa, Mr. PEARCE, Mr. shall have Power to make all Laws which power to lay and collect taxes on incomes, AUSTIN SCOTT of Georgia, Mr. PRICE of North shall be necessary and proper for carrying from whatever source derived, without ap- Carolina, Mr. KISSELL, and Mr. HANNA. into Execution the foregoing Powers, and all portionment among the several States, and H.R. 721: Mr. BRADY of Pennsylvania, Mr. other Powers vested by the Constitution in without regard to any census or enumera- GIBBS, and Mr. KINGSTON. the Government of the United States, or in tion.’’ H.R. 735: Mr. FLEISCHMANN. H.R. 743: Ms. HOCHUL. any Department or Officer thereof. By Mr. SCHIFF: H.R. 809: Mr. BOSWELL. By Mr. GRIFFIN of Arkansas: H.R. 3361. H.R. 812: Mr. RANGEL, Mr. BOSWELL, Mr. H.R. 3351. Congress has the power to enact this legis- MCCOTTER, and Mr. PAULSEN. Congress has the power to enact this legis- lation pursuant to the following: H.R. 835: Mr. CROWLEY. lation pursuant to the following: The Utilizing DNA Technology to Solve H.R. 860: Mr. PAYNE, Mr. BERG, Mr. HONDA, Article I, Section 8, Clause 14: To make Cold Cases Act is constitutionally authorized Mr. GUINTA, and Mr. CLEAVER. Rules for the Government and Regulation of under Article I, Section 8, Clause 18, the Nec- H.R. 865: Ms. SCHWARTZ and Mr. CUELLAR. the land and naval Forces. essary and Proper Clause. The Necessary and H.R. 886: Mr. FITZPATRICK, Mr. SHUSTER, By Mr. ISRAEL: Proper Clause supports the expansion of con- Mr. BRADY of Texas, Mrs. CAPITO, Ms. ROS- H.R. 3352. gressional authority beyond the explicit au- LEHTINEN, Ms. BALDWIN, Mr. BERMAN, Mr. Congress has the power to enact this legis- thorities that are directly discernible from BISHOP of New York, Mr. BRALEY of Iowa, lation pursuant to the following: the text. Additionally, the Preamble to the Mrs. CAPPS, Mr. CARNEY, Mr. CAPUANO, Ms. Article I, Section 8, Clause 1 Constitution provides support of the author- CASTOR of Florida, Ms. CHU, Mr. CLYBURN, The Congress shall have power to lay and ity to enact legislation to promote the Gen- Mrs. DAVIS of California, Mr. ENGEL, Ms. collect Taxes, Duties, Imposts and Excises, eral Welfare. ESHOO, Mr. FRANK of Massachusetts, Mr. and to pay the Debts and provide for the By Mrs. SCHMIDT: HASTINGS of Florida, Mr. HEINRICH, Mr. common Defence and general Welfare of the H.R. 3362. HOLT, Mr. INSLEE, Mr. KILDEE, Mr. KIND, United States; but all Duties, Imposts and Congress has the power to enact this legis- Mrs. LOWEY, Mr. MARKEY, Ms. MATSUI, Mr. Excises shall be uniform throughout the lation pursuant to the following: MILLER of North Carolina, Mr. PAYNE, Mr. United States. Article 1, Section 8, Clause 3: ‘‘The Con- PRICE of North Carolina, Mr. RICHMOND, Mr. By Mr. KIND: gress shall have Power To regulate Com- RUSH, Ms. LINDA T. SA´ NCHEZ of California, H.R. 3353. merce with foreign Nations, and among sev- Congress has the power to enact this legis- eral States, and with the Indian Tribes’’ Ms. SCHAKOWSKY, Mr. SHERMAN, Mr. SMITH of lation pursuant to the following: By Mr. WELCH: Washington, Mr. STARK, Ms. SUTTON, Mr. ´ Article J Section 8 of the constitution. H.R. 3363. THOMPSON of California, Ms. VELAZQUEZ, Ms. By Mr. LUJA´ N: Congress has the power to enact this legis- WASSERMAN SCHULTZ, Ms. WOOLSEY, Mr. H.R. 3354. lation pursuant to the following: DAVIS of Kentucky, Mr. BASS of New Hamp- Congress has the power to enact this legis- Article 1, Section 8: The Congress shall shire, Mr. LATOURETTE, Mr. STUTZMAN, Mr. lation pursuant to the following: have Power To . . . make all Laws which SCHWEIKERT, Mr. BUCHANAN, Mr. MCCARTHY Article 1, Section 8 shall be necessary and proper for carrying of California, Mr. UPTON, Mr. BURGESS, and By Mr. LUJA´ N: into Execution the foregoing Powers, and all Mr. WALDEN. H.R. 3355. other Powers vested by this Constitution in H.R. 890: Mr. FORTENBERRY. Congress has the power to enact this legis- the Government of the United States, or in H.R. 891: Mr. FRANK of Massachusetts. lation pursuant to the following: any Department or Officer thereof. H.R. 912: Mrs. DAVIS of California. Article 1, Section 8 By Ms. BERKLEY: H.R. 1048: Mr. HINCHEY. By Mr. DANIEL E. LUNGREN of Cali- H.J. Res. 83. H.R. 1167: Mr. BROUN of Georgia. H.R. 1179: Mr. COFFMAN of Colorado, Mr. fornia: Congress has the power to enact this legis- BROUN of Georgia, Mrs. BACHMANN, and Mr. H.R. 3356. lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8 of the Constitution. RIGELL. H.R. 1193: Mr. ALTMIRE. lation pursuant to the following: f H.R. 1195: Mr. SCOTT of South Carolina. This bill is justified under the Commerce H.R. 1206: Mr. PERLMUTTER and Mr. SHU- Clause of the United States Constitution. ADDITIONAL SPONSORS STER. By Ms. MCCOLLUM: Under clause 7 of rule XII, sponsors were H.R. 1244: Ms. SCHAKOWSKY and Mr. PITTS. H.R. 3357. added to public bills and resolutions as fol- H.R. 1267: Mr. INSLEE. Congress has the power to enact this legis- lows: H.R. 1288: Mr. DEFAZIO, Mr. RYAN of Ohio, lation pursuant to the following: H.R. 23: Mr. WAXMAN, Mr. LARSON of Con- and Mr. JACKSON of Illinois. Article I, Section 8, Clause 18, which gives necticut, and Mr. CLAY. H.R. 1297: Mr. ELLISON. Congress the power ‘‘To make all Laws H.R. 49: Mr. YOUNG of Florida. H.R. 1340: Mr. WOMACK and Mr. BRALEY of which shall be necessary and proper for car- H.R. 83: Mr. DOGGETT, Mr. CONYERS, Ms. Iowa. rying into Execution the foregoing powers.’’ HANABUSA, Mrs. NAPOLITANO, Mr. RICHMOND, H.R. 1385: Mr. MANZULLO. By Mr. MICHAUD: Mr. TOWNS, Mr. DAVIS of Illinois, Mr. RAN- H.R. 1417: Ms. DELAURO. H.R. 3358. GEL, Mr. KILDEE, Ms. KAPTUR, Mr. H.R. 1457: Mr. MEEKS. Congress has the power to enact this legis- GARAMENDI, Mr. MCGOVERN, Ms. SPEIER, Ms. H.R. 1465: Ms. EDWARDS. lation pursuant to the following: DEGETTE, Mr. ELLISON, Mr. GENE GREEN of H.R. 1489: Ms. JACKSON LEE of Texas. Article I, Section 8, Clause 1 of the United Texas, Mr. BACA, Ms. ROYBAL-ALLARD, Mr. H.R. 1513: Mr. MARINO, Mr. DICKS, Mr. States Constitution. HINOJOSA, Mr. GONZALEZ, Mr. TONKO, Ms. CROWLEY, Ms. TSONGAS, Ms. VELA´ ZQUEZ, Mr. By Mr. MORAN: DELAURO, Mr. LARSON of Connecticut, Mr. CICILLINE, Mr. OLVER, Mr. LYNCH, Mr. H.R. 3359. COURTNEY, Mr. OWENS, Mr. ANDREWS, and Mr. SERRANO, and Mr. WEST. Congress has the power to enact this legis- VAN HOLLEN. H.R. 1524: Ms. LEE of California and Mr. lation pursuant to the following: H.R. 85: Mr. RYAN of Ohio. CARNAHAN. This bill is enacted pursuant to the power H.R. 132: Mr. FILNER. H.R. 1529: Mr. SCHILLING. granted to Congress under Article I, Section H.R. 178: Mr. BERG. H.R. 1574: Mr. SHERMAN. 8, Clause 3 of the United States Constitution. H.R. 219: Mr. JOHNSON of Illinois. H.R. 1578: Mr. FRANK of Massachusetts, Mr. By Mr. RENACCI: H.R. 265: Mr. TOWNS, Mr. CONYERS, and Mr. SABLAN, Ms. BORDALLO, Ms. CLARKE of New H.R. 3360. LEWIS of Georgia. York, Ms. SPEIER, and Ms. BASS of Cali- Congress has the power to enact this legis- H.R. 266: Mr. TOWNS, Mr. CONYERS, and Mr. fornia. lation pursuant to the following: LEWIS of Georgia. H.R. 1585: Mr. COFFMAN of Colorado. Article 1, Section 8, Clause 1: ‘‘The Con- H.R. 267: Mr. TOWNS, Mr. CONYERS, and Mr. H.R. 1639: Mr. HANNA, Mrs. BLACK, and Mr. gress shall have Power to lay and collect LEWIS of Georgia. CHABOT.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.054 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 3, 2011 CONGRESSIONAL RECORD — HOUSE H7333 H.R. 1653: Mr. POLIS and Mr. TOWNS. H.R. 3010: Mr. CARTER and Mr. MATHESON. CONGRESSIONAL EARMARKS, LIM- H.R. 1697: Mr. NUNNELEE, Mr. CRENSHAW, H.R. 3035: Mr. GINGREY of Georgia. ITED TAX BENEFITS, OR LIM- and Mr. HEINRICH. H.R. 3039: Mr. SESSIONS and Mr. TERRY. ITED TARIFF BENEFITS H.R. 1739: Mr. MANZULLO. H.R. 3046: Mr. JACKSON of Illinois, Mr. H.R. 1742: Mr. WELCH. FATTAH, and Ms. LEE of California. Under clause 9 of rule XXI, lists or H.R. 1815: Mr. ROONEY, Mr. BLUMENAUER, H.R. 3059: Mr. BENISHEK. statements on congressional earmarks, Mr. ALTMIRE, Mr. COURTNEY, Mr. HOLT, Mr. H.R. 3066: Mr. WESTMORELAND. limited tax benefits, or limited tariff H.R. 3077: Ms. PINGREE of Maine and Ms. KIND, Mr. GENE GREEN of Texas, Mr. COSTA, benefits were submitted as follows: Mr. RAHALL, and Mrs. CAPPS. ZOE LOFGREN of California. The amendment to be offered by Rep- H.R. 1831: Mr. JOHNSON of Illinois. H.R. 3083: Mr. HASTINGS of Florida and Mr. resentative LOBIONDO, or a designee, to H.R. H.R. 1834: Mr. SHULER and Mr. TERRY. BERMAN. H.R. 1842: Mr. PETERS. H.R. 3113: Mr. LANDRY. 2838, the Coast Guard and Maritime Trans- ARCHANT H.R. 1848: Mr. YODER. H.R. 3127: Mr. M . portation Act of 2011, does not contain any H.R. 3130: Mr. GARY G. MILLER of Cali- H.R. 1881: Mr. QUIGLEY. congressional earmarks, limited tax bene- fornia. H.R. 1901: Mr. GUTIERREZ. fits, or limited tariff benefits as defined in H.R. 3156: Mr. GENE GREEN of Texas. H.R. 1905: Mr. MARKEY. clause 9 of rule XXI. H.R. 3162: Mr. ROKITA and Mr. SCOTT of H.R. 1909: Mr. RENACCI and Mr. JACKSON of f South Carolina. Illinois. H.R. 3167: Mr. DOLD. AMENDMENTS H.R. 1956: Mr. FRANKS of Arizona. H.R. 3184: Ms. LEE of California. H.R. 1957: Mr. BISHOP of New York. H.R. 3187: Mr. PETERS, Ms. HIRONO, and Mr. Under clause 8 of rule XVIII, pro- ICHAUD ARINO H.R. 1971: Mr. M , Mr. M , and TOWNS. posed amendments were submitted as Mr. KILDEE. H.R. 3206: Mr. WALDEN. follows: H.R. 2020: Mr. YARMUTH, Mr. LANCE, and H.R. 3210: Mr. ROE of Tennessee and Mr. H.R. 2838 Mr. TOWNS. GRIMM. H.R. 2033: Mr. PAYNE. H.R. 3221: Ms. ZOE LOFGREN of California. OFFERED BY: MR. LOBIONDO ULTGREN ENACCI H.R. 2051: Mr. H , Mr. R , and H.R. 3225: Ms. MATSUI. AMENDMENT NO. 1: Page 18, line 13, strike Mr. CHABOT. H.R. 3257: Mr. LATTA. ‘‘section 569a’’ and insert ‘‘section 569a(a) for H.R. 2069: Mr. ROSS of Florida. H.R. 3261: Mr. WATT, Mr. CARTER, Ms. BASS the sixth national security cutter and sec- H.R. 2077: Mrs. ELLMERS and Mr. BURTON of of California, Ms. WASSERMAN SCHULTZ, Mr. tion 569a for the seventh national security Indiana. KING of New York, Mr. AMODEI, Mr. MARINO, cutter’’. H.R. 2082: Mr. NEAL and Mr. PENCE. and Mr. NUNNELEE. Page 40, before line 7, insert the following: H.R. 2088: Mr. SARBANES, Mr. JACKSON of Il- H.R. 3262: Mr. LANKFORD, Mr. MEEHAN, Mr. SEC. 409. AUTHORITY TO EXTEND THE DURATION linois, and Mr. HOLT. MANZULLO, Mr. DUNCAN of South Carolina, OF MEDICAL CERTIFICATES. H.R. 2104: Mr. BRADY of Pennsylvania and Mr. YODER, Mr. JORDAN, Mr. FARENTHOLD, (a) IN GENERAL.—Chapter 75 of title 46, Mr. DAVID SCOTT of Georgia. Mr. DESJARLAIS, Mr. SCHILLING, Mr. GOSAR, United States Code, is amended by adding at H.R. 2180: Ms. RICHARDSON and Ms. ZOE Mr. BURTON of Indiana, Mr. BASS of New the end the following: LOFGREN of California. Hampshire, Mr. MARINO, Ms. BUERKLE, Mr. H.R. 2187: Mr. REYES. MACK, and Mr. SCOTT of South Carolina. ‘‘§ 7508. Authority to extend the duration of H.R. 2214: Mr. PENCE, Mr. GRIFFITH of Vir- H.R. 3277: Mr. AL GREEN of Texas. medical certificates ginia, Mr. BROOKS, Mr. GUINTA, Mr. GOSAR, H.R. 3278: Mr. CONYERS. ‘‘(a) GRANTING OF EXTENSIONS.—Notwith- Mr. BILBRAY, Mr. ROE of Tennessee, Mr. H.R. 3283: Ms. MOORE. standing any other provision of law, the Sec- BERG, Mr. WESTMORELAND, Mr. SCOTT of H.R. 3300: Mr. ACKERMAN, Mr. ANDREWS, retary may extend for not more than one South Carolina, and Mr. COFFMAN of Colo- Ms. BASS of California, Mr. BISHOP of Geor- year a medical certificate issued to an indi- rado. gia, Mrs. CAPPS, Mr. CICILLINE, Mrs. vidual holding a license, merchant mariner’s H.R. 2334: Mr. CRENSHAW. CHRISTENSEN, Mr. CLARKE of Michigan, Ms. document, or certificate of registry if the H.R. 2353: Mr. MURPHY of Connecticut, Mr. CLARKE of New York, Mr. CLEAVER, Mr. CLY- Secretary determines that the extension is BISHOP of New York, Mr. GOSAR, and Mr. BURN, Mr. DAVIS of Illinois, Ms. EDWARDS, required to enable the Coast Guard to elimi- MILLER of North Carolina. Mr. ELLISON, Ms. FUDGE, Ms. HAHN, Mr. nate a backlog in processing applications for H.R. 2412: Ms. LEE of California, Ms. NOR- HONDA, Mr. HOYER, Ms. EDDIE BERNICE JOHN- medical certificates or in response to a na- TON, Ms. ESHOO, and Ms. DELAURO. SON of Texas, Mr. JOHNSON of Georgia, Ms. tional emergency or natural disaster. H.R. 2453: Mr. MEEKS, Mr. TOWNS, and Ms. NORTON, Ms. JACKSON LEE of Texas, Mr. ‘‘(b) MANNER OF EXTENSION.—An extension SPEIER. MEEKS, Ms. MOORE, Mr. NADLER, Mr. PAYNE, under this section may be granted to indi- H.R. 2461: Mr. CRAWFORD. Ms. RICHARDSON, Mr. RICHMOND, Ms. ROYBAL- vidual seamen or a specifically identified H.R. 2466: Mr. BISHOP of New York and Mr. ALLARD, Mr. SCOTT of Virginia, Mr. DAVID group of seamen.’’. CARDOZA. SCOTT of Georgia, Mr. THOMPSON of Mis- (b) CLERICAL AMENDMENT.—The analysis at H.R. 2514: Mr. NUGENT and Mr. AMASH. sissippi, Mr. TONKO, Mr. VAN HOLLEN, Ms. the beginning of such chapter is amended by H.R. 2536: Mr. JOHNSON of Illinois. WATERS, Ms. WILSON of Florida, Ms. WOOL- adding at the end the following: H.R. 2541: Mr. GIBSON. SEY, Mr. YARMUTH, Mr. MORAN, and Mr. FIL- ‘‘7508. Authority to extend the duration of H.R. 2621: Mr. COFFMAN of Colorado and Mr. NER. medical certificates.’’. LAMBORN. H.R. 3305: Mr. ELLISON. Page 56, after line 3, insert the following: H.R. 2634: Mrs. MALONEY, Mr. BOSWELL, Ms. H.R. 3307: Mr. GERLACH. BORDALLO, and Mr. LOEBSACK. H.R. 3324: Mr. KUCINICH. SEC. 612. REPORT ON SURVIVAL CRAFT. H.R. 2655: Mr. MCGOVERN and Mr. MARKEY. H.J. Res. 52: Mr. ROSS of Florida. (a) REPORT.—Not later than 180 days after H.R. 2657: Mr. PETERS. H.J. Res. 78: Mr. TIERNEY. the date of enactment of this Act, the Com- H.J. Res. 80: Mr. PAYNE and Mr. HOLT. H.R. 2674: Mr. WELCH. mandant of the Coast Guard shall submit to H.J. Res. 81: Mr. YARMUTH. H.R. 2735: Mr. NEAL. the Committee on Transportation and Infra- H. Con. Res. 72: Mr. CLAY. H.R. 2809: Mr. PETERS and Mr. AL GREEN of structure of the House of Representatives H. Res. 20: Mr. KEATING. Texas. and the Committee on Commerce, Science, H. Res. 21: Mr. FALEOMAVAEGA. and Transportation of the Senate a report on H.R. 2849: Ms. JACKSON LEE of Texas. H. Res. 71: Mr. BROUN of Georgia. H.R. 2874: Mr. SOUTHERLAND, Mr. SAM H. Res. 134: Mr. FRANKS of Arizona and Mr. the carriage of survival craft that ensures no JOHNSON of Texas, Mr. MCCAUL, Mr. KING of GRAVES of Missouri. part of an individual is immersed in water. Iowa, Mr. JOHNSON of Illinois, Mr. GINGREY of H. Res. 253: Mr. MURPHY of Pennsylvania (b) CONTENT.—The report shall include in- Georgia, Mr. WESTMORELAND, and Mr. and Mr. YOUNG of Florida. formation on— MCKINLEY. H. Res. 271: Mrs. SCHMIDT, Mr. GRAVES of (1) the number of casualties as the result of H.R. 2885: Mr. JOHNSON of Illinois and Mr. Georgia, Mr. KINGSTON, Mr. POSEY, Mr. WIL- immersion in water by vessel type and area CRAVAACK. SON of South Carolina, Mr. COLE, Mr. of operation reported to the Coast Guard for H.R. 2900: Mr. JOHNSON of Ohio. BUCSHON, Mr. CONAWAY, Mr. ROE of Ten- each of fiscal years 1991 through 2011; H.R. 2945: Mr. SIMPSON and Mr. JOHNSON of nessee, Mr. STUTZMAN, Mr. FLEISCHMANN, Mr. (2) the effect the carriage of such survival Illinois. CANSECO, Mr. GUINTA, Mr. HUIZENGA of craft has on vessel safety, including stability H.R. 2948: Mr. REYES, Mr. LEWIS of Georgia, Michigan, and Mr. BRADY of Texas. and safe navigation; Ms. ZOE LOFGREN of California, and Mrs. H. Res. 376: Mr. HULTGREN, Ms. CHU, Mr. (3) the efficacy of alternative safety sys- NAPOLITANO. CICILLINE, and Mr. FRANKS of Arizona. tems, devices, or measures; and H.R. 2966: Mr. MCNERNEY, Mr. MARINO, Ms. H. Res. 378: Mr. WOLF. (4) the cost and cost-effectiveness of re- BALDWIN, and Mr. WEST. H. Res. 450: Ms. LEE of California and Ms. quiring the carriage of such survival craft on H.R. 2969: Mr. MARINO, Mr. COSTA, Mr. CHU. vessels. WOLF, and Mr. HOLT. H. Res. 452: Ms. CHU, Ms. TSONGAS, Mr. Page 58, line 15, after ‘‘technology’’ insert H.R. 3001: Mr. JONES, Ms. SCHWARTZ, Mr. WELCH, Mr. BLUMENAUER, Ms. BORDALLO, and ‘‘to reduce or eliminate aquatic invasive spe- PETERS, Mr. LUETKEMEYER, and Mr. HOYER. Mr. LARSEN of Washington. cies’’.

VerDate Mar 15 2010 06:23 Nov 04, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A03NO7.059 H03NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7334 CONGRESSIONAL RECORD — HOUSE November 3, 2011 Page 62, line 2, strike ‘‘or’’ at the end. Secretary of Defense to protect foreign- tion, the Secretary of Transportation shall Page 62, line 7, strike the period at the end flagged vessels from acts of piracy on the direct each department or agency (except and insert ‘‘; or’’. high seas. The report shall include— the Department of Defense) responsible for Page 62, after line 7, insert the following: (1) the total number of incidents for each the carriage of such equipment, materials, or ‘‘(iii) a discharge into navigable waters of the fiscal years 2008 through 2011 in which commodities to provide armed personnel from a commercial vessel when the commer- a member of the armed services or an asset aboard vessels of the United States carrying cial vessel is operating in a capacity other under the control of the Secretary of Defense such equipment, materials, or commodities than as a means of transportation on water. was used to interdict or defend against an while transiting high-risk waters. Page 64, line 3, strike ‘‘December 19, 2008,’’ act of piracy directed against any vessel not ‘‘(2) The Secretary of Transportation shall and all that follows through the period at documented under the laws of the United direct each such department or agency to re- the end of line 5 and insert ‘‘February 6, States; and imburse, subject to the availability or appro- 2009.’’. (2) the total cost for each of the fiscal priations, the owners or operators of such Page 65, line 12, strike ‘‘point’’ and insert years 2008 through 2011 for such incidents. vessels for the cost of providing armed per- ‘‘port or place’’. SEC. 803. TRAINING PROGRAM FOR USE OF sonnel. Page 65, line 22, insert ‘‘, if such system FORCE AGAINST PIRACY. ‘‘(3) For the purposes of this subsection, does not introduce aquatic nuisance species (a) IN GENERAL.—Chapter 517 of title 46, the term ‘high-risk waters’ means waters so into navigable waters, as determined by the United States Code, is amended by adding at designated by the Commandant of the Coast Secretary in consultation with the Adminis- the end the following new section: Guard in the Port Security Advisory in ef- trator’’ before the semicolon at the end. ‘‘§ 51705. Training program for use of force fect on the date on which the voyage be- Page 71, line 11, strike ‘‘this subparagraph’’ against piracy gins.’’. and insert ‘‘clause (ii)(II)’’. Page 86, line 8, strike ‘‘guidelines speci- ‘‘The Secretary of Transportation shall es- SEC. 805. GAO STUDY. tablish a training program for United States fying’’ and insert ‘‘requirements for’’. Not later than 1 year after the date of en- Page 87, beginning on line 6, strike ‘‘this mariners on the use of force against pirates. actment of this Act, the Comptroller General section for’’ and all that follows through the The program shall include— period at the end of line 8 and insert the fol- ‘‘(1) information on waters designated as of the United States shall report to the Com- lowing: ‘‘this section for— high-risk waters by the Commandant of the mittee on Transportation and Infrastructure ‘‘(A) a commercial vessel having a max- Coast Guard; of the House of Representatives and the imum ballast water capacity of less than 8 ‘‘(2) information on current threats and Committee on Commerce, Science, and cubic meters; and patterns of attack by pirates; Transportation of the Senate on efforts to ‘‘(B) a commercial vessel that is 3 years or ‘‘(3) tactics for defense of a vessel, includ- track ransom payments paid to pirates oper- fewer from the end of its useful life, as deter- ing instruction on the types, use, and limita- ating in the waters off Somalia and improve mined by the Secretary pursuant to sub- tions of security equipment; the prosecution of such pirates. The report section (b)(2)(B)(v). ‘‘(4) standard rules for the use of force for shall include— Page 87, line 24, strike ‘‘Subsections (c), self defense as developed by the Secretary of (1) the status of Working Group 5 of the (e), and (i)’’ and insert ‘‘Subsection (c)’’. the department in which the Coast Guard is Contact Group on Piracy Off the Somali Page 88, beginning on line 2, strike ‘‘, as operating under section 912(c) of the Coast Coast, any efforts undertaken by the Work- determined by the Secretary, in consultation Guard Authorization Act of 2010 (Public Law ing Group, and recommendations for improv- with the Administrator’’. 111–281; 46 U.S.C. 8107 note), including in- ing the Working Group’s effectiveness; Page 88, line 7, insert ‘‘, or an equivalent struction on firearm safety for crewmembers (2) efforts undertaken by the United States restriction, as determined by the Secretary, of vessels carrying cargo under section 55305 Government to implement and enforce Exec- issued by the country of registration of the of this title; and utive Order 13536, including recommenda- commercial vessel’’ before the period. ‘‘(5) procedures to follow to improve crew- tions on how to better implement that order Page 107, line 10, insert ‘‘, in consultation member survivability if captured and taken to suppress piracy; with the Administrator,’’ before ‘‘shall pro- hostage by pirates.’’. (3) efforts undertaken by the United States mulgate’’. (b) DEADLINE.—The Secretary of Transpor- Government to track ransom payments Page 110, after line 18, add the following: tation shall establish the program required made to pirates operating off the coast of So- TITLE VIII—PIRACY under the amendment made by subsection (a) malia, the effectiveness of those efforts, any by no later than 180 days after the date of en- SEC. 801. SHORT TITLE. operational actions taken based off those ef- actment of this Act. This title may be cited as the ‘‘Piracy Sup- forts, and recommendations on how to im- (c) CLERICAL AMENDMENT.—The analysis at pression Act of 2011’’. prove such tracking; the beginning of such chapter is amended by (4) actions taken by the United States Gov- SEC. 802. REPORT ON ACTIONS TAKEN TO PRO- adding at the end the following new item: TECT FOREIGN-FLAGGED VESSELS ernment to improve the international pros- FROM PIRACY. ‘‘51705. Training program for use of force ecution of pirates captured off the coast of Not later than 180 days after the date of against piracy.’’. Somalia; and enactment of this Act, the Secretary of De- SEC. 804. SECURITY OF GOVERNMENT IMPELLED (5) an update on the United States Govern- fense, in consultation with the Secretary of CARGO. ment’s efforts to implement the rec- the department in which the Coast Guard is Section 55305 of title 46, United States ommendation contained in General Account- operating, shall provide to the Committee on Code, is amended by adding at the end the ability Office report GAO–10–856, entitled Armed Services and the Committee on following new subsection: ‘‘Maritime Security: Actions Needed to As- Transportation and Infrastructure of the ‘‘(e) SECURITY OF GOVERNMENT IMPELLED sess and Update Plan and Enhance Collabo- House of Representatives and the Committee CARGO.— ration among Partners Involved in Coun- on Armed Service and the Committee on ‘‘(1) In order to assure the safety of vessels tering Piracy off the Horn of Africa’’, that Commerce, Science, and Transportation of and crewmembers transporting equipment, metrics should be established for measuring the Senate a report on actions taken by the materials, or commodities under this sec- the effectiveness of counter piracy efforts.

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