Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, WEDNESDAY, JUNE 16, 2010 No. 90 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces Rabbi Davidson is joined here today by called to order by the Speaker pro tem- to the House his approval thereof. his wife, Mia; their daughter, Mikaela; pore (Mr. PASTOR of Arizona). Pursuant to clause 1, rule I, the Jour- his aunt, Greer Goldman; and his in- f nal stands approved. laws, Carol and David Fram. f Rabbi Davidson is president of the DESIGNATION OF THE SPEAKER Westchester Board of Rabbis. He has PRO TEMPORE PLEDGE OF ALLEGIANCE served Temple Beth El since 2002, and The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the before that served at the Central Syna- fore the House the following commu- gentleman from New York (Mr. HALL) gogue in New York City. He has a long, nication from the Speaker: come forward and lead the House in the distinguished career, serving on the WASHINGTON, DC, Pledge of Allegiance. boards of many charitable organiza- June 16, 2010. Mr. HALL of New York led the tions, interfaith coalitions, and pres- I hereby appoint the Honorable ED PASTOR Pledge of Allegiance as follows: tigious Jewish organizations. to act as Speaker pro tempore on this day. He served as the chair of the Central I pledge allegiance to the Flag of the NANCY PELOSI, Conference of the American Rabbis’ Speaker of the House of Representatives. United States of America, and to the Repub- lic for which it stands, one nation under God, Committee on Justice, Peace, and Reli- f indivisible, with liberty and justice for all. gious Liberties, vice chair of the Com- mission on Social Action of Reform Ju- PRAYER f Rabbi Joshua Davidson, Temple Beth daism. He currently chairs the commis- El of Northern Westchester, Chappa- MESSAGE FROM THE SENATE sion’s task force on Israel and World qua, New York, offered the following A message from the Senate by Ms. Affairs. Rabbi Davidson is a member of prayer: Curtis, one of its clerks, announced the Hebrew Union College President’s O God, source of the spirit of living that the Senate has passed without Rabbinic Council, and serves on the things, You created humanity with all amendment a bill of the House of the Clergy Advisory Board of Interfaith its diversity in Your image and placed following title: Impact of New York State. House chaplains are a long, proud us upon this Earth to tend it, guiding H.R. 3951. An act to designate the facility us along whichever spiritual path we of the United States Postal Service located tradition in the House of Representa- call our own toward goodness and at 2000 Louisiana Avenue in New Orleans, tives, dating back to the time of our peace. Louisiana, as the ‘‘Roy Rondeno, Sr. Post Of- Founding Fathers, and Rabbi Davidson In this great Hall where dreams come fice Building’’. is a worthy entry into the long roll of true, we ask Your blessing upon these The message also announced that distinguished guests. men and women, these representatives pursuant to Public Law 111–5, the f of the people. They have devoted their Chair, on behalf of the Republican ANNOUNCEMENT BY THE SPEAKER lives to our welfare. Strengthen them Leader, appoints the following indi- PRO TEMPORE with Your courage. Inspire them as vidual to the Health Information Tech- The SPEAKER pro tempore. The they answer Isaiah’s call to feed the nology Policy Committee: Chair will entertain up to 15 further re- hungry and clothe the naked, to lift up Richard Chapman of Kentucky. those in this land and in all lands who quests for 1-minute speeches on each cannot stand on their own. f side of the aisle. In this Chamber of debate, may every WELCOMING RABBI JOSHUA f debate be for the sake of justice, and DAVIDSON THE WARMEST JANUARY TO may justice always be tempered with APRIL EVER compassion. May this House be home The SPEAKER pro tempore. Without to the hopes and aspirations of every objection, the gentleman from New (Mr. COHEN asked and was given per- American, and may America shine as York, Congressman HALL, is recognized mission to address the House for 1 an example to all the world. for 1 minute. minute and to revise and extend his re- Amen. There was no objection. marks.) Mr. HALL of New York. I am pleased f Mr. COHEN. Mr. Speaker, back in to welcome Rabbi Joshua Davidson, February, when Washington was THE JOURNAL Senior Rabbi of Temple Beth El in slammed with record-breaking snow- The SPEAKER pro tempore. The Northern Westchester, New York, as storms, many of my Republican col- Chair has examined the Journal of the our guest chaplain in the House today. leagues stood on this very floor and

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.

H4509

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.000 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4510 CONGRESSIONAL RECORD — HOUSE June 16, 2010 made scientific conclusions that there FIREFIGHTERS Mr. PERLMUTTER. Mr. Speaker, lis- was not climate change. Many Repub- (Mrs. KIRKPATRICK of Arizona tening to my friend from Pennsylvania, licans seemed to suggest Vice Presi- asked and was given permission to ad- I remind him as well as others that the dent Gore come back and build an igloo dress the House for 1 minute and to re- last month of George Bush this country on the White House. vise and extend her remarks.) lost 780,000 jobs in 1 month. Okay? Well, the National Oceanic and At- Mrs. KIRKPATRICK of Arizona. Mr. Fourteen months later, 15 months later mospheric Administration has released Speaker, we are entering the heart of we gained some 400,000 jobs in this information that says we had the wildfire season in Arizona. Over the country, a swing of 1,100,000 jobs per warmest January to April ever, the coming months, folks in my district month. warmest January to April ever since will be faced with serious threats to But in the process, down here in the they started collecting data in 1880. their lives and property time and recession after the Bush administra- And what do we get from our Repub- again; and time and again, these tion, we lost 8 million jobs. We have a lican colleagues? More drilling, more threats will be contained thanks to our long way to go to put those people drilling. Not safeguards, but more drill- firefighters. back to work. But for Democrats, ing. As much as anyone, we in District that’s job number one, to continue to They go out and hold a press con- One know the risk firefighters take to add jobs and put people back to work. When President Bush left it was a ference and ask for more offshore drill- protect our communities. We remem- $1.3 trillion deficit. We know that we ing. Rather than that, they should call ber how hard they worked to keep us have to rein in spending, and we can for more solar investment, rebates for safe when the Rodeo-Chediski fire begin with Iraq, by drawing down those Americans to have solar technology, forced thousands of Arizonans to evac- troops and saving this country some and get us away from fossil fuels that uate their homes. We saw them head- are ruining the gulf and causing the real money. ing into the forest to battle the Boggy Our first job is to put people back to greatest disaster we have known in the fire, which they successfully contained Gulf of Mexico and ecological disaster work, and that’s what Democrats are 18 miles from Alpine just yesterday. going to do. we have known on this Earth. These brave men and women face in- While it’s unclear what caused this credible danger as a basic part of their f tragic spill, what we can do to prevent jobs. So far this year, 34 firefighters MARINE CORPS LEGEND future catastrophes is clear: We need to have lost their lives in the line of duty. SERGEANT CHUCK TALIANO get away from fossil fuels. But Repub- We must honor their service and sac- licans are only interested in lining the (Mr. WILSON of South Carolina rifice and renew our commitment to pockets of oil companies and making asked and was given permission to ad- providing them with the support they sure that they have the opportunity to dress the House for 1 minute and to re- need to fulfill their duties. It is the drill, drill, drill; spill, spill, spill. We vise and extend his remarks.) least we can do. Mr. WILSON of South Carolina. Mr. need to stop it, and we need to get a Speaker, a Marine Corps legend and policy that works. f Beaufort, South Carolina, resident, f MORE DEBT passed away on Friday, leaving behind CONGRATULATING ISAAC BEHAR (Mr. PITTS asked and was given per- many touched lives, an iconic image, ON HIS LIFETIME ACHIEVEMENT mission to address the House for 1 and a legacy of service to our great AWARD FROM MIAMI JEWISH minute and to revise and extend his re- country. HEALTH NETWORKS marks.) This is a copy of the iconic Marine (Ms. ROS-LEHTINEN asked and was Mr. PITTS. Mr. Speaker, last week Corps recruit photo of Sergeant Chuck given permission to address the House the President’s chief budget adviser, Taliano. The story of how Sergeant for 1 minute and to revise and extend Peter Orszag, said that the administra- Chuck Taliano ended up on this famous her remarks.) tion was unwilling to send a package of poster is best reported by Patrick Ms. ROS-LEHTINEN. Mr. Speaker, I deficit-reducing budget cuts to Capitol Donahue in the Beaufort Gazette. The would like to recognize an outstanding Hill. Even though the President’s party article explains that: constituent from my district in south is in control of both Houses, Orszag ‘‘Sergeant Chuck Taliano was await- Florida, Isaac Behar, a longtime hu- didn’t think administration budget rec- ing an honorable discharge at Marine manitarian, philanthropist, and busi- ommendations would be considered. Corps Recruit Depot Parris Island in nessman. Ike will be presented with the Just a few days later, however, the 1968 when a reservist writing a book Lifetime Achievement Award by the President announced that he wants about boot camp snapped a photo of Miami Jewish Health Networks. Congress to pass a $50 billion bill to him giving a recruit an ‘attitude read- Ike’s American journey embodies the bail out States, regardless of whether justment.’ ‘‘That cemented Taliano’s place in American Dream. At the age of 20, that spending increases the deficit. So the administration is perfectly willing Corps legend. Isaac left Havana for the United States ‘‘The photo captured his snarling with only $50 and the dream of building to dictate to Congress that we should increase our already burdensome na- mug inches from a fresh-faced recruit a new life and helping others. He with the caption, ‘We don’t promise proudly served our country, the United tional debt, but wholly unwilling to recommend sensible cuts to existing you a rose garden.’ It was on thousands States, in the Army in the Korean War. of Marine Corps recruiting posters Upon completion of his service, he government programs. We just can’t go on like this. printed during the 1970s and 1980s.’’ started his own clothing business, the I want to thank Sergeant Taliano This week, Greece just had another Ike Behar Company, with over 400 em- and his family for his commitment to debt rating agency slash their bond ployees. After seeing the great care America and the Marine Corps. My rating to junk. Now Europe is putting that his mother-in-law received from thoughts and prayers are with his fam- together a bailout package for Spain. the Miami Health Networks, Isaac de- ily and friends. cided to make sure that others would Italy, Ireland, and Portugal may not be In conclusion, God bless our troops, be able to take advantage of their far behind. The warnings are numer- and we will never forget September great services. Due to his generosity ous, but I fear that they are being ig- 11th in the global war on terrorism. and commitment, the Miami Health nored. We have to get control of our God bless the U.S. Marine Corps. Networks have been able to continue to Federal budget or there is not going to f serve all south Floridians. be anyone big enough to bail us out. Ike, I would like to commend you for f IN SUPPORT OF H.R. 5297 your service, for your support for our (Mr. QUIGLEY asked and was given community and our Nation. Thank you PUTTING PEOPLE BACK TO WORK permission to address the House for 1 for your dedication and commitment to (Mr. PERLMUTTER asked and was minute.) improving the lives of all south Florid- given permission to address the House Mr. QUIGLEY. Mr. Speaker, I rise in ians. Thank you. for 1 minute.) strong support of H.R. 5297, the Small

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.003 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4511 Business Lending Fund Act. This legis- dividuals who are forced to live in the pened during a peaceful civil rights lation will help the small businesses in shadows of our society. Our broken im- march in the Bogside community in my district, such as Al & Joe’s Deli, a migration system is tearing families January of 1972. And they heard the family-owned business in Franklin apart, thousands of families, every British Prime Minister David Cameron Park with sub sandwiches to die for, year. say that their loved ones were innocent that is looking to expand. It will also The Department of Homeland Secu- and that the actions of the parachute save businesses such as National rity reports that over the last 10 years, regimen on that day were unjustified Plumbing & Heating Supply Company more than 100,000 immigrant parents of and wrong. in Illinois, which had to shut down U.S. citizen children have been de- If Bloody Sunday was a defining day after 60 years because banks ended its ported. Misguided laws like Arizona’s in the history of the troubles, let us line of credit. SB1070 don’t help keep families to- hope the publication of the Saville Re- To respond to these problems, I will gether. port will be transformative and cathar- vote to create a new $30 billion loan Immigration is a Federal problem tic moment for the people in the north program to boost lending to small busi- that can only be solved with a com- of Ireland. nesses so they can expand and create prehensive approach that is both sen- Today we remember those who lost jobs. sitive to families and ensures border their lives marching near Free Derry I also cosponsored an amendment security. and Rossville Flats. We remember that will include commercial real es- I urge my colleagues, both Demo- Bloody Sunday and those who were tate lending as small business lending. crats and Republicans, to cosponsor wounded. The innocent people have This will complement regular lending H.R. 4321. now been exonerated. efforts and help businesses like Al & Last, but not least, I would like to For those of us who stood up with Joe’s capitalize on existing property to wish the women good luck tonight in those families over the course of al- expand and create new jobs. their softball game. most four decades—and I was a staunch I urge my colleagues to pass this f supporter of those families—this is a moment of satisfaction. And at the critical legislation. CONGRESS MUST BUDGET f Guildhall yesterday in Derry, people (Mr. FORTENBERRY asked and was cheered the vindication of their loved b 1015 given permission to address the House ones who died on that tragic, tragic HONORING ELAINE KANG for 1 minute and to revise and extend day. his remarks.) f (Mr. THOMPSON of Pennsylvania Mr. FORTENBERRY. Mr. Speaker, asked and was given permission to ad- the national debt just surpassed $13 GIRLS ROCK THE HOUSE WINNER dress the House for 1 minute and to re- trillion. Since 2000, the national debt (Mrs. MCMORRIS RODGERS asked vise and extend his remarks.) and government spending have dou- and was given permission to address Mr. THOMPSON of Pennsylvania. bled, and in simple terms, every Amer- the House for 1 minute and to revise Mr. Speaker, I rise today to recognize ican citizen now owes $42,000 toward and extend her remarks.) and honor the young talent of Elaine this debt. Mrs. MCMORRIS RODGERS. Mr. Kang, a 16-year-old violinist from Port To govern is to choose, Mr. Speaker, Speaker, I rise today to congratulate Matilda, PA. and choices must be made within our Elli Rassbach, an eighth grade student This coming September, she will budget to resolve this dire situation. from Walla Walla, Washington, the make her radio debut on NPR’s ‘‘From Yes, the choices before us are hard, and winner of the first ‘‘Girls Rock the the Top,’’ a critically acclaimed radio restoring economic strength will be House’’ contest in my home State of show that reaches 700,000 listeners each very difficult. But tightening the belt, Washington State week. ‘‘From the Top’’ serves to honor making hard choices and relieving the At a time when only 17 percent of the passion and tenacity of classical massive debt burden that will other- Congress is made up of women, we need musicians under the mission of allow- wise be left to our children and grand- to be doing a better job of making ing young people to make a difference children, this is the charge of Congress. young ladies aware of the opportunities by showing who they are and what they This is our duty. This is what the and encouraging more young women to can accomplish. American people deserve become involved in public service. Elaine should be highly commended Government spending and overreach That’s why I’m a strong supporter of for developing this wonderful talent. are eroding economic confidence, yet ‘‘Girls Rock the House,’’ and I’m very With only 16 years behind her and there is neither a political will or a proud of this year’s winner. The bill many more ahead, she is well on her mechanism in Washington right now Elli wrote and submitted to ‘‘Girls way to a fruitful career. She is a role for addressing this spiraling debt and Rock the House’’ is well-researched and model for many other young musi- deficit/right now there isn’t even a well-written. It’s an idea to promote cians, as well as her peers. The lessons budget, and this is unconscionable and healthy living, and I’m proud to stand of hard work and discipline are uni- unsustainable. Our constituents de- before my colleagues and ask them to versal, and Elaine certainly promotes serve a Nation with its fiscal house in join me in recognizing her achieve- them. She has exhibited wonderful order, and this starts with a respon- ment. skill and her example shows the benefit sible budget plan. On behalf of the United States Con- of pursuing one’s passions. f gress, congratulations, Elli. Well done. I wish Elaine the best of luck on her f upcoming taping at the Majestic The- REMEMBERING BLOODY SUNDAY atre in Gettysburg, and I look forward (Mr. NEAL asked and was given per- NO MORE FREE RIDES COURTESY to hearing her play. mission to address the House for 1 OF THE AMERICAN TAXPAYER f minute and to revise and extend his re- (Mr. COURTNEY asked and was marks.) given permission to address the House COMPREHENSIVE IMMIGRATION Mr. NEAL. Mr. Speaker, we had an for 1 minute and to revise and extend REFORM opportunity yesterday to witness an- his remarks.) (Mr. BACA asked and was given per- other it-will-never-happen moment. Mr. COURTNEY. Mr. Speaker, author mission to address the House for 1 Thirty-eight years after 13 unarmed Michael Kinsley once observed that ‘‘a minute.) men and women were shot dead on the gaffe is when a politician tells the Mr. BACA. I agree with my col- streets of Derry in the north of Ireland, truth.’’ leagues on the other side of the aisle on a day now known as Bloody Sunday, The Republican leader, Mr. BOEHNER, that America’s borders must be se- the families and relatives of the vic- proved this point the other day when cured. Border security is an important tims have found the justice they’ve he was asked point blank whether he part of comprehensive reform, but we been seeking for decades. They learned agrees with the Chamber of Commerce simply cannot ignore the 12 million in- the truth yesterday about what hap- that the government should pitch in to

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.005 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4512 CONGRESSIONAL RECORD — HOUSE June 16, 2010 pay for BP’s oil spill. He replied, ‘‘I SLOAN HILLS WITHDRAWAL ACT pass rate of 94 percent, and 54 percent think BP and the Federal Government (Ms. TITUS asked and was given per- achieved five out of five. Students in should take full responsibility for mission to address the House for 1 Scott’s advanced placement govern- what’s happening here.’’ His words minute and to revise and extend her re- ment class come away with not only clearly misstated the law. BP is solely marks.) superior knowledge of our political sys- responsible, and his staff went into Ms. TITUS. Mr. Speaker, today the tem but a deep love for our democracy. damage control overdrive afterwards to Senate will hold a subcommittee hear- For 27 years, he has challenged and clean up his mess. ing on the Sloan Hills Withdrawal Act inspired, and I hope it’s another 27. But this gaffe really confirms what introduced by Majority Leader REID. I Congratulations, Scott. every American knows in their heart of am a cosponsor and strong supporter of f hearts, that Washington Republicans the House companion to this legisla- for the last 40 years have been lockstep tion. WE MUST BREAK OUR ADDICTION allies of the oil companies’ push to This bill would withdraw a 640-acre TO FOSSIL FUEL shift the risk of oil production onto the site near the Sun City Anthem commu- taxpayer and keep the benefit to them- (Ms. BERKLEY asked and was given nity in Henderson from being made permission to address the House for 1 selves. Americans listening today available for mining purposes. The pro- should know that no matter what the minute and to revise and extend her re- posed mining operation would cause air marks.) Republican leader says, the Democratic quality deterioration, a serious con- majority understands that BP is solely Ms. BERKLEY. The horrific crisis cern, especially for seniors and chil- and tragedy in the gulf must be a responsible for the cleanup; that the dren, who are vulnerable to respiratory taxpayer will be repaid for its costs; wake-up call to America that we must diseases. The proposal is also water-in- break our addiction to fossil fuel and and that BP will compensate small tensive and will increase traffic in the businesses and working families for the move with all deliberate haste to a re- area. newable energy future or America sim- damage done to their lives. Residents of nearby communities, No more free rides courtesy of the ply will have no future. which are in District Three, would be Energy independence is an economic American taxpayer. most directly impacted by this project. f necessity. We can create an entire That is why I attended a public meet- economy based on green jobs. It’s not ANNOUNCEMENT BY THE SPEAKER ing in April of last year with more only an environmental necessity. Look PRO TEMPORE than 400 concerned residents of the at the crisis that we have in the gulf area. I heard loud and clear that the The SPEAKER pro tempore. Mem- with the loss of life and the destruction proposed mine was unacceptable. bers are reminded to direct their re- of an ecosystem that will take a life- The Sloan Hills Withdrawal Act marks to the Chair. time to fix. would ensure that an aggregate mine is f It’s a national security imperative. not developed on this site and will pro- We have to break from our reliance on BENEFITS OF THE HEALTH CARE tect the health and well-being of my the Saudis and the Venezuelans, the ACT constituents in Henderson. So I urge BPs of the world, and harness the sun, (Mr. YARMUTH asked and was given its passage. wind, geothermal, biomass. The State permission to address the House for 1 f of Nevada can become the epicenter of minute.) SCOTT URBAN, 2010 OUTSTANDING renewable energy. We just need the will Mr. YARMUTH. Mr. Speaker, after a to do it. year and a little bit more of debating EDUCATOR AWARD FOR TEACH- ER ACHIEVEMENT I ask my colleagues to please join me health care in this country, with all in a renewable energy future for this the numbers and the rhetoric, some- (Mr. WALZ asked and was given per- great country. times we lose sight of the actual mission to address the House for 1 human face of what we accomplish for minute and to revise and extend his re- f the American people. marks.) I have the great honor today of being Mr. WALZ. Mr. Speaker, I rise today WALL STREET REFORM joined by two bright and beautiful to honor Scott Urban, a teacher from (Ms. FUDGE asked and was given young women: Camille Davis and Mad- Mankato West High School in Man- permission to address the House for 1 eline Davis of Louisville, Kentucky, 7 kato, Minnesota. Scott was this year’s minute and to revise and extend her re- and 9 years old. They both had tethered recipient of the Minnesota WEM Foun- marks.) cord syndrome that was diagnosed and dation’s Outstanding Educator Award. Ms. FUDGE. Madam Speaker, Wall treated successfully at Children’s Hos- This award recognizes exemplary Street reform is critical to creating pital in my hometown. They are doing teachers who support, inspire, and as- jobs and growing our economy. As we great, and they will grow up to be sist students to achieve their full po- rebuild America, we must ensure that whatever they want to be. As a matter tential. They are nominated by stu- Wall Street won’t gamble again with of fact, I’m glad that they’re not 25 be- dents, parents, colleagues, and commu- our futures. cause probably one of them would take nity leaders, the people that matter I support the Restoring American Fi- my seat very shortly. most nancial Stability Act because it in- But the important thing is now, be- As a teacher on leave myself from cludes commonsense reforms to hold cause of the health care bill that we Mankato West High School, I had the Wall Street and the big banks account- passed, they can be anything they want honor of teaching in the classroom able. This bill will end bailouts by en- to be. They can go to grad school. They next to Scott. I have seen his passion suring taxpayers are never again on can do an internship. They can stay on and outstanding leadership inspire stu- the hook for Wall Street’s risky deci- their parent’s policy until they’re 26. dents to achieve far more than they sions and will rein in big banks and They have total freedom without re- ever dream. He encourages his students their big bonuses. It protects families’ gard to being denied coverage because to learn the material, not simply for a retirement funds, college savings, of their medical history. This is one of test but to test their knowledge and homes and businesses’ financial futures the great benefits of the health care their limits. from unnecessary risk by lenders. act that we achieved for the American Scott’s success with students is un- It also safeguards the American peo- people, and there are millions more paralleled. Over the past 11 years at ple from predatory lending abuses, like Madeline and Camille who will Mankato West, the students in his rig- which resulted in millions of fore- benefit for the rest of their lives. orous advanced placement government closures over the past few years. I am so proud of what we accom- and politics class have maintained an The American people deserve and plished for Madeline and Camille Davis 80 percent pass rate on the national want these reforms. Let’s give Ameri- and for millions of American young exam, well above all averages. Last cans what they deserve: fairness in the people. year, 85 students took the exam with a financial system.

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.007 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4513 HONORING FIRST LIEUTENANT INCREASING LENDING OPPORTUNI- amendment. However, Republicans also WAYNE T. HOGANCAMP TIES FOR WOMEN- AND MINOR- note that only one of our amendments (Ms. LORETTA SANCHEZ of Cali- ITY-OWNED BUSINESSES was made in order today. So at the fornia asked and was given permission (Mr. CARSON of Indiana asked and same time we are agreeing to help you to address the House for 1 minute and was given permission to address the fix your amendment—an amendment, to revise and extend her remarks.) House for 1 minute.) by the way, that is considered adopted Ms. LORETTA SANCHEZ of Cali- Mr. CARSON of Indiana. Madam without a vote—your side has blocked fornia. Madam Speaker, I rise today to Speaker, I rise today as a champion of all but one of our amendments from recognize a very special individual by the small business community to ask coming up. the name of First Lieutenant Wayne T. Members to support the floor man- I just wanted to make sure that we Hogancamp. First Lieutenant ager’s amendment. The floor manager’s are all clear on how things are handled Hogancamp, who lives in Orange Coun- amendment includes my provision these days in the House before we move ty, California, was awarded the third which amends H.R. 5297 to ensure that on to this bill. With that, I withdraw my reserva- highest honor in the military for gal- women and minority-owned businesses tion. lantry in action, the Silver Star, on are provided with lending opportunities The SPEAKER pro tempore. Is there January 1, 1945. to allow them access to capital. objection to the request of the gentle- While in command of an M–8 cannon Specifically, my amendment requires woman from Illinois? platoon and advancing over an enemy- States applying to receive Federal con- There was no objection. controlled road in the Philippines, tributions for their capital access pro- First Lieutenant Hogancamp maneu- grams to submit a report. This report f vered his M–8 through a barrage of will explain how they plan to provide GENERAL LEAVE enemy artillery fire and successfully lending opportunities for small busi- Ms. BEAN. Madam Speaker, I ask destroyed two 77 millimeter guns, thus nesses in underserved and low- and unanimous consent that all Members allowing his column to advance. While moderate-income communities. may have 5 legislative days within continuously exposed to enemy fire and According to SBA estimates, about 60 which to revise and extend their re- using a burning M–5 tank for cover, he percent of the jobs lost in 2008 through marks on H.R. 5297 and to insert extra- eliminated the enemy threat, allowing the second quarter of 2009 were lost in neous material thereon. the safe passage of his men. small firms. As our Nation continues The SPEAKER pro tempore. Is there First Lieutenant Hogancamp’s brav- its recovery from the worst economic objection to the request of the gentle- ery is a testament to the dedication downturn since the Great Depression, woman from Illinois? and valor of himself, his unit, and the we must recognize that our comeback There was no objection. United States Army. will only go as far as our small busi- f It was an honor for me and my office nesses allow. This includes tapping to have helped Lieutenant Hogancamp into the potential of women and minor- SMALL BUSINESS JOBS AND obtain his much-deserved Silver Star ity-owned small businesses. Several CREDIT ACT OF 2010 medal and to have presented it to him studies have found that these small The SPEAKER pro tempore. Pursu- this past weekend, 65 years after his business owners are more likely to ex- ant to House Resolution 1436 and rule heroic act. perience loan denials, pay higher inter- XVIII, the Chair declares the House in Madam Speaker, please join me in est rates, and are less likely to apply the Committee of the Whole House on honoring First Lieutenant Wayne T. for loans because of fear of rejection. the state of the Union for the consider- Hogancamp of the United States Army. I understand that because of the eco- ation of the bill, H.R. 5297. nomic challenges that we face, banks f b 1035 cannot loan to all existing or aspiring IN THE COMMITTEE OF THE WHOLE business owners, but I believe we must b 1030 Accordingly, the House resolved continue to work with States and itself into the Committee of the Whole WHAT’S IT GOING TO TAKE? banks to increase lending opportunities House on the State of the Union for the for women and minority-owned busi- (Ms. SPEIER asked and was given consideration of the bill (H.R. 5297) to nesses. That is why I introduced this permission to address the House for 1 create the Small Business Lending amendment. minute and to revise and extend her re- Fund Program to direct the Secretary I ask that Members join me in taking marks.) of the Treasury to make capital invest- a step to make sure that all small busi- Ms. SPEIER. Madam Speaker, I have ments in eligible institutions in order ness owners have access to capital and one question: What’s it going to take? to increase the availability of credit an opportunity to contribute to this How many more oil spills do we have to for small businesses, and for other pur- Nation’s free market. endure before we’re going to do some- poses, with Mr. PASTOR of Arizona in thing decisive about ending our reli- f the chair. ance on oil? PERMISSION RELATING TO CON- The Clerk read the title of the bill. The amount of oil that has been The CHAIR. Pursuant to the rule, the SIDERATION OF AMENDMENT TO spilled in the gulf since its inception is bill is considered read the first time. ORIGINAL-TEXT SUBSTITUTE TO about 60,000 barrels per day we’re now General debate shall not exceed 1 H.R. 5297 finding out, up from 1,000 barrels per hour, with 30 minutes equally divided day. Do you realize that if we had ret- Ms. BEAN. Madam Speaker, I ask and controlled by the chair and rank- rofitted 75,000 homes in this country, it unanimous consent that the instruc- ing minority member of the Committee would equal the amount of oil that has tion in the amendment printed in part on Financial Services and 30 minutes been spilled into the gulf during this B of House Report 111–506 relating to equally divided and controlled by the time. page 11, line 8, be considered to refer to chair and ranking minority member of I say to all of us, it is time to take section 4(d)(2)(a) of the original-text the Committee on Small Business. decisive action. It is time to rid our- substitute. The gentlewoman from Illinois (Ms. selves of our dependence on oil. We can The SPEAKER pro tempore (Ms. BEAN) and the gentleman from Texas do so by embracing the Home Star pro- TITUS). Is there objection to the re- (Mr. NEUGEBAUER) and the gentle- gram that the House has already quest of the gentlewoman from Illi- woman from New York (Ms. passed. And maybe what we should do nois? VELA´ ZQUEZ) and the gentleman from is ask BP to put into an escrow ac- Mr. NEUGEBAUER. Madam Speaker, Missouri (Mr. GRAVES) each will con- count $6 billion. And with $6 billion, do reserving the right to object, while I do trol 15 minutes. you know what we can do? We can ret- not plan to object, I just wanted to The Chair recognizes the gentle- rofit over 3 million homes in America. point out that by accepting the chairwoman from Illinois. And by the way, we can put to work man’s request, we are agreeing to help Ms. BEAN. Mr. Chairman, I yield my- 160,000 Americans. you fix a drafting issue with your self 5 minutes.

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.009 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4514 CONGRESSIONAL RECORD — HOUSE June 16, 2010 Mr. Chairman, our Nation’s economic balance sheets—stemming especially Ms. BEAN. I yield myself 1 additional rebirth relies upon the ability of our from the instability of the commercial minute. community businesses to innovate, de- real estate sector. That brings us to This program provides funding for velop, and market solutions that de- this important bill on the floor today. States to expand or create lending pro- liver measurable value to their cus- The Financial Services Committee has grams that use small amounts of public tomers. Their success drives the major- held several hearings on the restriction resources to generate private bank fi- ity of new jobs in our Nation. They are of credit for small business. The bill nancing and are designed to address the engine of innovation, and their re- before us today builds on those hear- critical reasons why banks are having siliency to reinvent their business ings and was considered in the open trouble making increased investments models and adapt to emerging growth process the committee is known for. now—lack of adequate capital reserves markets is critical. It’s their creativity During markup of the bill, the com- on the part of lenders and collateral that drives 13 times more patents per mittee adopted 15 amendments, includ- shortfalls on the part of borrowers. employee than larger firms. They are ing seven Republican amendments, and The State Small Business Credit Ini- the cornerstones of our economy and today we will consider 17 additional tiative is required to leverage $10 of our communities. Beyond the goods amendments, the vast majority of private funding for every $1 of govern- and services and the jobs they provide, which are to the Financial Services ment funding. Many of the existing they invest in the bricks and mortar/ portion of the bill. capital access programs leverage 30 pri- real estate in our communities. They The Small Business Lending Fund vate dollars for every 1 government have supply chains that depend on Act is a significant step to boost small dollar. By supporting existing pro- their business. They do charitable giv- business lending through our commu- grams and using an easy-to-replicate ing, and they mentor young people in nity banks. This legislation builds on model, this program will be quickly their communities. the effective financial stabilization ramped up to increase small business Congress has done much to address measures Congress has previously lending which will retain and create the challenges small businesses face. taken by establishing a new $30 billion jobs. Among the $288 billion in tax breaks in small business loan fund to provide ad- Small businesses are the job creators the Recovery Act were crucial small ditional capital to community banks of our Nation. Supporting their ability business tax provisions, such as accel- that increase lending to small busi- to grow and innovate is key to a robust erated bonus depreciation and an ex- nesses. This $30 billion investment on and stable economic recovery. I com- pansion of the net operating loss which the government will be col- mend the leadership of Chairman carryback that has already rebated $2.8 lecting dividends and earning a profit FRANK and Chairwoman VELA´ ZQUEZ in billion to businesses across our Nation. U.S. manufacturing is growing, we’re per the CBO estimates can be leveraged bringing this package to the floor, adding new jobs every month in 2010, by banks into over $300 billion in new which will provide critical support to and GPD is now trending positively, small business loans. This is an impor- the half of all American workers who moving from a negative 6 to positive 6 tant investment by the Federal Gov- either own or work for a small busi- in the year following the Recovery Act ernment in our small business that ness. and it’s now holding at 3 percent. But brings tremendous returns. Mr. Chairman, I reserve the balance as I talk with small businesses in my The terms of the capital provided to of my time. district and across the Nation, the banks are performance based; the more Mr. NEUGEBAUER. Mr. Chairman, I issue that has continued to be an ob- a bank increases its small business yield myself such time as I may con- stacle to business expansion and diver- lending, the lower the dividend rate is sume. sification is access to credit. for the SBLF capital. If a bank de- I rise today in opposition to H.R. The financial crisis of 2008 severely creases its small business lending, it 5297. My opposition is not a question of tightened small business access to will be penalized with higher dividend whether or not I support small busi- credit and affordable terms. When busi- rates. nesses, it’s a question of whether or not nesses can’t access financing, they’re This legislation includes strong safe- this bill will actually help small busi- prevented from entering into new con- guards to ensure that banks adequately nesses. Unfortunately, my conclusion tracts, buying new equipment, hiring utilize available funds to increase lend- is that this bill will not help them, but new employees, and other expansions. ing to small businesses, not for other will cost the taxpayers another $33 bil- In the worst cases, business owners lending or to improve their balance lion—by the way, $33 billion that we must cut payrolls, go into bankruptcy, sheet. There will be oversight consist- don’t have. ently throughout the program, plus it or close their doors for good. Congress b 1045 has taken steps to alleviate that prob- requires that the capital be invested lem. The Recovery Act included valu- only in strong financial institutions at As a former small business owner, as able changes to the SBA loan pro- little risk of default and the best posi- well as a former lender, I understand grams, reducing fees for lenders and tioned to increase small business lend- firsthand the need for small business to borrowers on the 7(a) and 504 loan pro- ing. have access to credit. Access to credit grams and increasing government It’s important for Americans to un- has tightened, but demand for credit guarantees to attract more capital. As derstand that although this fund has a from worthy borrowers has also de- a result, weekly SBA loan approval maximum value of $30 billion, it is esti- clined. volumes have increased by over 90 per- mated to make a profit for taxpayers What small businesses really need cent. in the long run. And the money will ul- more than anything in the current eco- The improvements to SBA loan pro- timately go not to banks, but to the nomic environment is more certainty grams and other measures we’ve taken small businesses and their commu- so they can invest and can plan for the have helped, but much more needs to nities that they lend to. As our finan- future. What they have gotten from be done. Earlier this year, commercial cial system stabilizes and our commu- Congress is more and more uncer- and industrial loans declined for the nity banks recapitalize, these funds tainty. seventh straight quarter, down more will be repaid to Treasury with full re- Small businesses will face a costly than 17 percent from 2009, and banks payment required over the next 10 tax penalty if they can’t comply with are receiving mixed messages. On the years. the added cost of the new health care one hand, Congress and the administra- Also included in the Financial Serv- law. One business owner in my district tion are urging them to lend more; on ices portion of this bill is the State told me he had plans to expand and to the other, bank regulators are telling Small Business Credit Initiative cham- create jobs, but he has put those on them to hold back on lending. In fact, pioned by our colleague, Mr. PETERS. hold now because his business would our colleague, Mr. PRICE, has an The underlying bill provides $2 billion not grow over 51 employees and then be amendment expressing a sense of Con- in funding for new or existing State subject to the new law. gress on that point. lending programs. Small businesses are worried about In addition, banks have greater risk The CHAIR. The time of the gentle- how much their energy costs will go up aversion due to their exposure on their woman has expired. under the proposals of cap-and-tax

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.011 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4515 bills. Finally, they have no idea how spector General for TARP. SIGTARP lion asset cap play in this economy, much their taxes will be next year. Not has developed significant experience in particularly in lending to small busi- only are they worried about new taxes looking out for the taxpayers when it nesses. to pay for more government spending, comes to the TARP program. The State of Connecticut has three but they know that taxes will also go SIGTARP’s expertise should be used such banks within the $10 to $25 billion up automatically if Congress does not for this fund to protect the taxpayers. range in terms of asset caps. These do anything to address the expiring tax H.R. 5297 will lead to more losses for banks are on the ground, lending to provisions. taxpayers and to no more improvement small businesses in my district. They No wonder small businesses are in a in credit for small businesses. A lack of are the biggest SBA lenders and are the holding pattern and are not creating credit is not even the largest problem biggest lenders to minority businesses. new jobs, and this bill does nothing to facing these small businesses. Accord- They also fulfill a niche opportunity provide any certainty for small busi- ing to the National Federation of Inde- for so many manufacturers in my State nesses. Rather than doing something pendent Business, the top problem fac- as well. that creates more certainty for small ing small businesses is the lack of sales While I understand that the asset cap businesses to grow and to add jobs in and demand. If businesses are not con- could not be raised to include these this economy, the majority is repeat- fident they will have customers, they banks in this bill, I would ask that ing the same failed initiatives that are not going to borrow; they are not Congresswoman BEAN and Chairman have helped our national debt grow to going to expand, and they are not FRANK work with me, with the Treas- $13 trillion in the past 2 years. This bill going to add jobs. ury, and with the other body to ensure follows the model of the TARP pro- This $33 billion bill is not going to that these banks can be included in gram, minus the stronger oversight, help increase demand from small busi- this program as this legislation goes and it puts another $30 billion into ness customers. Instead, we need the forward. banks in the hopes that lending to government to step back and to stop Ms. BEAN. I thank the congressman small businesses will increase. prolonging the uncertainty that is for his concerns, and I have similar In the words of Neil Barofsky, the crowding out economic growth in our concerns. Special Inspector General who oversees country. The sad thing is that there In my home State of Illinois, we also the TARP, ‘‘In terms of its basic de- are things that Congress could actually have institutions that would like to sign,’’ he says, ‘‘its participants, its ap- be doing to help small businesses. In- participate but would be unable to be- plication process, from an oversight stead, the majority has chosen to bring cause of the asset cap. I know Chair- perspective, the Small Business Lend- up bills that will cost the taxpayers man FRANK agrees on this point. ing Fund would essentially be an ex- billions and that will do nothing to I reserve the balance of my time. tension of the TARP’s Capital Pur- help the small businesses. They have Mr. NEUGEBAUER. Mr. Chairman, chase Program.’’ denied our side the ability to offer sub- one of the things that is interesting is From the Congressional Oversight stantial amendments. that this program is designed to put Panel for TARP, chaired by Elizabeth I think it was appalling, quite hon- more capital into the banking system. Warren, she says, ‘‘The SBLF’s pros- estly, Mr. Chairman, that the majority According to the Federal Reserve’s pects are far from certain. The SBLF awarded themselves 66 amendments to April survey of senior loan officers, also raises questions about whether, in this bill and that they awarded the Re- three factors that exerted the greatest light of the Capital Purchase Pro- publicans one. Now, if that is the bipar- influence on banks’ business lending gram’s poor performance in improving tisanship that this leadership is talk- practices over the past 3 months were credit access, any capital infusion pro- ing about, I don’t think the American competitive pressures, the economic gram can successfully jump-start small people are buying that that is bipar- outlook, and the tolerance for risk in business lending.’’ tisan, because many of the amend- the business loan market. Lack of cap- This bill allows for another $33 mil- ments that we offered, Mr. Chairman, ital was not mentioned as one of the lion in spending that will be added to were to add additional protections for driving forces for lending decisions the government’s credit card. The CBO the taxpayers. Obviously, the majority that are being made. tells us that the bank lending portion is not interested in protecting the tax- So, basically, Mr. Chairman, what will ultimately cost taxpayers $3.4 bil- payers’ investments with this $33 bil- this bill tries to do is to solve a prob- lion when market risk is taken into ac- lion. By the way, this is $33 billion that lem that, according to the Federal Re- count. we don’t have. serve, doesn’t exist. There is plenty of We have had record bank failures, in- I am hoping that the majority is capital, but there is this competitive cluding the failures of four banks that going to tell us this morning where the pressure, this economic outlook, and were TARP recipients. When those proposal of the $33 billion is going to this tolerance for risk. TARP recipient banks failed, the tax- come from. Well, I can tell you where Going back to my earlier point, when payers’ investments of $2.6 billion were it is going to come from. We are going I traveled around the 19th Congres- essentially wiped out. More than 100 to charge it to our children and to our sional District, I talked to a number of banks that have received TARP funds grandchildren. You know what? I think lenders. At the same time, I visited so far have missed their dividend pay- we’ve just about reached the limit on businesses in their communities. What ments. These missed dividend pay- the amount of money we should charge I learned during that process is that ments have cost the taxpayers almost to our children and to our grand- many of the small businesses just said, $200 million. It turns out that many of children. Congressman, things are just too un- these banks that received TARP funds So, Mr. Chairman, I am going to urge certain right now. We don’t know what were far from healthy. my colleagues to insist that we do bet- Congress is going to do with taxes. We Do we really think there will be no ter for small businesses. We must do don’t know what they’re going to do more bank failures or missed dividend something for small businesses, but with this energy bill. We don’t know payments among banks that receive this is not the answer, and I am going exactly. We are trying to figure out funds out of this new TARP program? to encourage my colleagues to vote how this new health care bill is going We know there will be, and the CBO ‘‘no.’’ to impact our businesses, how it is says there will be, which will lead to I reserve the balance of my time. going to impact our bottom lines. more losses for the taxpayers. Ms. BEAN. I yield 1 minute to the Then I went over and talked to the This fund is just like the TARP’s gentleman from Connecticut (Mr. lenders. Many of the lenders are sitting Capital Purchase Program, except for LARSON). on record amounts of cash and capital the stronger oversight. I am extremely Mr. LARSON of Connecticut. I rise in in their banks. They are looking as disappointed that the Rules Committee support of the bill for the purpose of hard as they can for good lending op- blocked a sensible amendment that engaging in a colloquy with Congress- portunities. What they said is, Unfor- would have improved the oversight of woman BEAN. tunately, some of our customers are this new lending fund by bringing it I want to bring attention to the im- not creditworthy. The economy has under the oversight of the Special In- portant role that banks at the $25 bil- hurt their sales, and so it wouldn’t be

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.012 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4516 CONGRESSIONAL RECORD — HOUSE June 16, 2010 prudent to loan those businesses more larly problematic as small firms gen- assist small businesses. Nevertheless, money. Others said, Our good cus- erate two-thirds of net new jobs. the overall bill is badly flawed, and I tomers, customers who are credit- In order to address this, title III cre- can’t support it, nor can I support the worthy, are not coming to us and bor- ates a $2 billion investment fund at the excessive small business assistance rowing any money because, again, of SBA. Under this program, the agency spending in Title 3. this uncertainty. will provide matching funds to quali- Now more than ever, our Nation is So, again, our opposition to this bill fied privately managed investment relying on small businesses to create is that it is not really addressing the companies, which will, in turn, invest jobs and to lead us in our economic re- real issue in our economy, which is in small companies. To ensure that the covery. But without sufficient access needing to bring some certainty and to public and private sectors’ interests to credit or capital, small businesses leave the capital in the companies, to are aligned, the SBA’s funding would can’t expand operations or hire new leave the capital in the economy, in- be provided at a 1-to-1 ratio of private employees. There’s little doubt that ef- stead of the Federal Government’s con- investment capital. forts to bail out banks and other major tinuing to create uncertainty and tak- Funds from the program will only be financial institutions has not led to ing money out of the economy. given to investment companies that improved access to capital by small I reserve the balance of my time. have a proven record of returning a businesses. Ms. VELA´ ZQUEZ. Mr. Chairman, I profit to its investors. These managers Last session, I strongly supported yield myself such time as I may con- must have experience in investing in H.R. 3854. It was a comprehensive, bi- sume. small, early-stage companies. They partisan revision to the capital access Small businesses, which represent must have the ability to provide lead- programs overseen by the Small Busi- 99.7 percent of firms, are key to the re- ership as these entrepreneurial endeav- ness Administration. That bill, unlike covery of the U.S. economy. Through ors grow. In selecting investment firms the one before us today, would have innovation and hard work, they are to participate in the program, the SBA improved access to needed capital by able to not only create jobs but to also will give a special preference to Small small businesses. build the foundation for future growth. Business Investment Companies, which Incorporated into that bill was H.R. We saw this after the recession of the already have substantial experience in 3738, which provided a streamlined early 1990s. As we emerge from the lat- financing small firms. In exchange for process to enable qualified venture cap- est downturn, small firms will again receiving funds, participating invest- italists to bootstrap their investment lead the way. ment funds must convey an equity in- with additional Federal moneys to pro- This downturn has affected every terest to the SBA, similar to that of vide needed early-stage equity capital facet of the global economy. Most of which individual investors will receive. to small businesses. Successful opera- the focus has been on repairing the res- tors would pay back the Federal Gov- 1100 idential housing market and home- b ernment before they took their own owners in particular. It is important to The equity interest shall entitle the profits. Although the legislation came note that this has greatly impacted SBA to a repayment of its investment with a relatively modest price tag of small businesses as well. Through the and a proportion of any profits made $200 million, its benefits were sure to Recovery Act, we were able to help by the investment company. As a re- far outweigh the cost. Moreover, if the them, providing more than $28 billion sult, the government is on a level play- program did not succeed, the cost of in assistance through the SBA. H.R. ing field with private-sector investors, failure was going to be very modest. 5297 builds on this by establishing addi- and the taxpayer stands to benefit That certainly isn’t the case today tional lending initiatives that will give from the growth and success of these with the bill we have before us. The small businesses even greater financing small companies. cost has increased by 500 percent with- options. By giving entrepreneurs access to $2 out any previous testing of its poten- This legislation, Mr. Chairman, also billion in equity investment, we will tial to succeed. This will pile unneces- recognizes that capital markets are provide them the resources to grow and sary risk or costs onto taxpayers at a changing dramatically. Credit stand- create the types of long-term employ- time when we’re dealing with record ards are stricter, and small businesses ment gains we need. It goes without debt and unsustainable deficit spend- are now looking not only to loans and saying that the groundbreaking, inno- ing. Even if Title 3 of this bill—the to credit cards to finance their oper- vative firms that rely on such invest- small business portion—even if Title 3 ations, but they are also looking to eq- ment tend to be some of our most pro- stood alone, given the dramatic in- uity investment to turn their ideas lific job creators. Between 2006 and crease in costs, I couldn’t support it. into reality. This has become even 2008, these companies created eight But yet here it is. It remains attached more pronounced as asset values have times more jobs than other businesses. to a bill that has even greater costs— declined, leaving entrepreneurs with That is exactly the kind of job growth and costs that are fully not paid for in less collateral to borrow against. Americans need right now. the short term. Unfortunately, small firms’ access to Mr. Chairman, I support this legisla- So let’s lay this out. We still do not venture capital and to equity invest- tion. have a budget for fiscal year 2011. Our ment has declined. Last year, such in- I reserve the balance of my time. national debt has reached a new record vestments plummeted from $28 billion Mr. GRAVES of Missouri. Mr. Chair- high of $13 trillion. And the adminis- in 2008 to only $17 billion last year. man, I yield myself such time as I may tration and the majority in the House This is due, in part, to the previous ad- consume. continue to rely on unsustainable bor- ministration’s decision to terminate Mr. Chairman, today, I rise in opposi- rowing and spending to keep things the SBA’s largest pure equity financing tion to H.R. 5297, the Small Business running. When you consider the com- program—the Small Business Invest- Lending Fund Act. Although my col- plete chaos our fiscal house is in, the ment Company Participating Securi- leagues on the other side of the aisle idea of more spending seems foolish. ties program. This has left many entre- claim that this bill would improve Completely foolish. But that’s what’s preneurs who need equity investment small business access to much-needed being proposed by this legislation to fulfill their business plans without a capital, I am not convinced. In fact, today, and I refuse to support it. source of such financing. there is virtually no guarantee that If my colleagues want to get serious As a result, it has become more dif- small businesses will benefit whatso- about supporting small businesses and ficult to start a new business and to ever from the funding in this bill. encouraging their growth, there are create the jobs that come with such ac- Nothing in Title 1 of the bill assures lots of ways to do so, and I’m very tivity. This is seen in data from the that banks will lend the capital, much happy to help. But H.R. 5297 is yet an- Bureau of Labor Statistics, which show less to small businesses. Title 2 author- other ill-conceived effort that, at the that self-employment declined by 7.5 izes lending by State programs to busi- end of the day, will only further punish percent between 2007 and 2009. Less en- nesses that the Small Business Admin- American entrepreneurs. trepreneurship is never a good thing, istration would consider large. And With that, Mr. Chairman, I reserve but during a recession, it is particu- only Title 3 of this bill is targeted to the balance of my time.

VerDate Mar 15 2010 00:45 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.013 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4517 Ms. BEAN. Mr. Chairman, I yield 2 years, with a very limited capacity to refi- would further incentivize community banks minutes to the gentleman from Texas nance. If not addressed, the swelling wave of to participate in the Fund and create greater (Mr. HINOJOSA). maturities could place further stress on al- lending capacity and flexibility to better Mr. HINOJOSA. Mr. Chairman, I rise ready fragile financial markets and slow our serve struggling borrowers by allowing them in strong support of H.R. 5297, the nation’s economic recovery. In addition to to amortize their loan losses over 10 years. addressing the issues facing the commercial Amendment No. 6 (offered by Rep. Tom Small Business Lending Fund Act of real estate industry, improving access to Price): ICBA supports this amendment be- 2010. This legislation will help small capital for small businesses—widely ac- cause it highlights the mixed messages that businesses survive and thrive in the knowledged as a critical part of growing the community banks get from their regulators: current economic climate by providing American economy—is also greatly needed. Community banks are encouraged to in- the Secretary of the Treasury tem- In fact, the percentage of small business crease lending but at the same time punished owners holding a business loan or credit line with aggressive write-downs of performing porary authority to make capital in- loans. vestments up to $30 billion to banks fell almost 20 percent last year. Amendment No. 10 (offered by Reps. Miller and savings associations with assets of Unappreciated is the fact that a significant and Baca): ICBA supports this amendment less than $10 billion and to their parent portion of commercial real estate is owned, because it broadens the definition of small leased, and operated by small businesses. holding companies, provided they also business loans to include construction, land Unlike the Troubled Asset Relief Program development, and other land loans in domes- have assets of less than $10 billion. (TARP), the SBLFP contains lending provi- Mr. Chairman, H.R. 5297 increases the tic offices. These loans will help expand eco- sions that help ensure community banks nomic activity and employment. availability of credit for small busi- have both the incentive and greater capacity Amendment No. 12 (offered by Reps. Jack- nesses. It provides funding to eligible to increase total loans to small businesses by son Lee and Cao): ICBA supports this amend- institutions that serve small busi- decreasing the dividend cost on the capital ment because it would support hard hit com- nesses that are minority- and women- investment as lending grows. munity banks and the small businesses they owned and that also serve low-and Additionally, we support Amendment #4 serve in the Gulf Coast states impacted by (Minnick, D–ID), which would allow commer- the oil spill disaster. moderate-income, minority, and other cial real estate loans for properties for lease Amendment No. 15 (offered by Rep. underserved or rural communities. to be eligible in the SBLFP. As H.R. 5297 is Braley): ICBA supports this amendment be- This legislation ensures that all eligi- currently written, only owner-occupied com- cause the documents used to obtain a benefit ble institutions may apply to partici- mercial real estate loans qualify for this pro- or service under the program should be clear pate in the program established under gram, which excludes commercial real estate and user-friendly so interested parties can this title, without discrimination based loans on properties for lease—a significant make best use of the program. on geography, which is very important portion of small businesses that need refi- Amendment No. 16 (offered by Rep. nancing assistance. Loebsack): ICBA supports this amendment to the great State of Texas. because it further highlights the importance H.R. 5297 requires eligible institu- In order to help spur small business hiring and growth, NAR urges you to pass this im- of agricultural operations, farms, and rural tions receiving capital investments portant legislation. communities in our national economy. under the program to provide outreach Sincerely, Amendment Raising Serious Concern in languages other than English de- VICKI COX GOLDER, CRB, The SBLF is a voluntary program for in- scribing the availability and applica- 2010 President, National Association terested community banks. ICBA wants to tion process to receiving loans from el- of REALTORS® ensure that it is workable for community igible institutions through the use of banks and small business borrowers alike. print, radio, television, or electronic INDEPENDENT COMMUNITY BANKERS ICBA opposes amendments that would make media outlets which target organiza- OF AMERICA, the program too costly or create a difficult Washington, DC, June 15, 2010. compliance burden. Amendments in this cat- tions, trade associations, and individ- egory include: uals that represent or work within or To: Members of the U.S. House of Represent- Amendment No. 3 (offered by Rep. Nye): are members of minority communities. atives ICBA opposes this amendment because it The Small Business Lending Fund MEMORANDUM would increase the compliance burden on Act of 2010 contains provisions pro- Subject: House vote on the Small Business lenders through the addition of unnecessary moting financial education and lit- Lending Fund Act (H.R. 5297) complexity and unworkable provisions there- eracy and would-be borrowers. On behalf of the nearly 5,000 members of by discouraging participation and small the Independent Community Bankers of business credit. The CHAIR. The time of the gen- Amendments No. 7 (offered by Rep. Green) America (ICBA), we express strong support tleman has expired. and No. 8 (offered by Reps. Driehaus, for the Small Business Lending Fund Act of Ms. BEAN. Mr. Chairman, I yield 30 Connolly, and Moore): ICBA opposes these additional seconds to the gentleman 2010 (H.R. 5297) and urge House passage. The Act will boost the flow of credit to amendments because they would increase re- from Texas. porting requirements and other compliance Mr. HINOJOSA. Most importantly, small businesses by leveraging the role of our nation’s community banks. Community costs and burdens. These added layers of regulation will discourage participation and re- this legislation protects and increases banks are prolific lenders to small business American jobs. duce available small business loans. with the experience, expertise and grassroots Amendment No. 11 (offered by Rep. Mr. Chairman, H.R. 5297 will help relationships necessary to quickly deploy small businesses, community banks, Michaud): ICBA believes that the program the funds to creditworthy borrowers. Nota- should remain focused on community banks the low- and moderate-income, minori- bly, the Small Business Lending Fund’s (the and traditional debt financing as the most ties, and other underserved or rural Fund’s) $30 billion in capital can be lever- established and effective source of small communities, and all of our constitu- aged by community banks to support $300 business lending. ents. It will help our great country billion in additional small business lending, The outcome of these amendments is crit- move further down the road towards creating new jobs and sustaining the eco- ical to the success of the Fund. As you cast economic recovery and expansion. I nomic recovery. your votes, please consider which amend- As the Act goes to the House floor, we take ments will further the fundamental goal of strongly urge my colleagues to support this opportunity to share our views on the program—increased access to credit for this important and timely piece of leg- amendments that would improve it and small businesses, which can only be achieved islation. those that would undermine its goal of in- through broad, voluntary participation of NATIONAL ASSOCIATION creased small business lending by discour- community banks—and which will under- OF REALTORS®, aging community bank and small business mine this goal. Thank you for your consideration. Washington, DC, June 15, 2010. participation. JAMES D. MACPHEE, U.S. HOUSE OF REPRESENTATIVES, Amendments Supporting Greater Small Business Chairman. Washington, DC. Lending DEAR REPRESENTATIVE: On behalf of the 1.1 ICBA supports amendments that will fur- SALVATORE MARRANCA, million members of National Association of ther the goal of greater small business lend- Chairman-Elect. REALTORS®, and their affiliates, I ask for ing including: JEFFREY L. GERHART, your support of H.R. 5297, the ‘‘Small Busi- Amendment No. 4 (offered by Reps. Vice Chairman. ness Lending Fund Act of 2010,’’ introduced Minnick, Simpson, Kosmas, Quigley and JACK A. HARTINGS, by Representative Frank (D–MA). This bill Marchant): ICBA supports this amendment Treasurer. will create the Small Business Lending Fund because it would broaden eligibility for the WAYNE A. COTTLE, Program (SBLFP) that would increase the program by including non-owner occupied Secretary. availability of credit to our nation’s com- commercial real estate and provide greater R. MICHAEL MENZIES, SR., mercial real estate and small business sec- credit options to small business. Immediate Past Chair- tors. Amendment No. 5 (offered by Reps. man. Nearly $1.4 trillion of commercial real es- Perlmutter, Gutierrez, Klein and Kagen): CAMDEN R. FINE, tate loans will mature over the next several ICBA supports this amendment because it President and CEO.

VerDate Mar 15 2010 02:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.014 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4518 CONGRESSIONAL RECORD — HOUSE June 16, 2010 Washington, DC, May 14, 2010. vided to the Congress and telling us, many entrepreneurs are ready to invest CONFERENCE OF STATE BANK SUPERVISORS CBO estimates that this provision will and create jobs again, but they cannot STATE REGULATORS SUPPORT ADMINISTRA- save taxpayers $1 billion over 10 years, secure the capital necessary to start or TION’S SMALL BUSINESS LENDING PROPOSALS as banks are expected to pay back this grow their business. Some, like Karen (By Neil Milner) loan over 10 years, with interest. Teegarden, owner of a small adver- The Conference of State Bank Supervisors I reserve the balance of my time. tising firm in Oakland County, told me (CSBS) supports the Obama Administration’s Mr. GRAVES of Missouri. Mr. Chair- that because she could not get a simple small business lending proposals to stimu- man, I don’t have any other speakers line of credit to meet some short-term late small business stability and growth. on this. The proposals—the Small Business Lend- payroll needs, she was forced to lay off ing Fund and the State Small Business Cred- I just might comment on this bill. workers. it Initiative—will provide much-needed ac- One of the frustrating things about our It is no secret why small businesses cess to capital to support small business economic recovery right now, and we are struggling. Wall Street banks have lending, the lifeblood of our national econ- continue to hear over and over and admitted that they have reduced their omy. over again, that small businesses are investments in Michigan as well as The Administration’s proposals will pro- uncertain about what the future is. other States. And small local lenders vide capital injections to fund new small They don’t know what’s going to hap- business loans to financial institutions with don’t have enough capital to lend. I assets less than $10 billion. In the past few pen with cap-and-trade and what’s have been fighting for the past year for years, the government has gone to extraor- going to happen with the energy tax, action to help solve this problem, and dinary lengths to prop up our capital mar- particularly those businesses that are the bill before us today will create a kets by providing assistance to the nation’s using a lot of energy to produce what- $30 billion fund to promote small busi- largest institutions. CSBS is pleased the Ad- ever it is. They’re uncertain about ness lending. Small local lenders can ministration is taking the next steps to pro- what’s going to happen with this leverage this funding into $300 billion mote a full economic recovery by assisting health care bill and all the mandates in loans for small businesses. But be- those institutions which largely did not con- that are coming out. They’re uncertain tribute to the economic crisis and have cause local lenders will pay the invest- played such a pivotal role in our recovery to about what’s going to happen with ment back with interest, the non- date. their taxes. They’re uncertain about partisan CBO says the taxpayers will Further, CSBS is pleased the proposals are what’s going to happen with the amass- earn a projected $1 billion. independent initiatives separate from the ing debt that’s taking place, because It’s not often that a single action can TARP program. By separating the small somebody is going to have to pay for it. create a multitude of jobs across this business proposals from TARP, we believe And this administration continues to country and reduce the deficit at the the programs will enjoy wider participation look at small businesses to be able to same time. Enacting this bill will do and greater success. We encourage Congress to coordinate with provide that. just that. In Michigan, our manufac- the Department of the Treasury to rapidly So here we come along with a bill turers are struggling particularly hard implement these much needed initiatives to that supposedly is supposed to help to get access to credit. As their assets assist community banks as they continue to small businesses, which the way it is decline in value, they have less collat- support small businesses around the country. right now, there’s no guarantee what- eral to post, and this makes banks less Mr. NEUGEBAUER. Mr. Chairman, I soever that that money is going to be likely to lend to them, even if they can continue to reserve the balance of my loaned to small businesses. As the bill show that they are thriving. time. stands right now, a commercial loan The Michigan Collateral Support Ms. VELA´ ZQUEZ. Mr. Chairman, I could qualify, any commercial loan Program helps lenders, small manufac- yield myself such time as I may con- could qualify if it’s a loan less than a turers and the State pool default risk sume. million dollars. to help these companies secure the cap- I want to use this time to respond to The fact of the matter is, Mr. Chair- ital they need to create new jobs. Thir- those who are making the assessment man, there’s no guarantee. There’s no ty States have similar programs, and a that this money, that there are not guarantee. provision of this bill that I wrote would safeguards into this legislation to Small businesses are the ones that allow States to strengthen their exist- make sure that the money goes to need help. And the fact of the matter ing programs and allow other States to small businesses. First, banks must is, too, that if the government would create them. apply to the Treasury to receive funds, just get out of the way, then small Washington’s top priority must be to with a detailed plan on how to increase businesses would lead us back into this help create an environment that allows small business lending at their institu- economic recovery. They provide 7 out our small businesses to succeed and to tion. This language was included at my of every 10 jobs in this country, and create jobs. This legislation helps one insistence that we need to make sure they are the ones that are going to lead of the primary obstacles facing our that small businesses will get the ben- us. But nobody is going to expand and small businesses, and passing this bill efit of this legislation. nobody is going to add any new produc- is critical. Second, this capital, repayment of tivity, any new hires, until they know Mr. NEUGEBAUER. I reserve the bal- the government loans will be at a divi- what’s going to go on and what’s going ance of my time. dend rate starting at 5 percent per to be around the corner. With this ad- 1115 year. This rate will be lowered by 1 per- ministration, they don’t know what’s b cent for every 2.5 percent increase in going to happen to them. Ms. BEAN. I yield 1 minute to the small business lending over 2009 levels. I reserve the balance of my time. majority leader. It can go as low as a total dividend rate Ms. BEAN. Mr. Chairman, I yield 21⁄2 Mr. HOYER. I appreciate the gentle- of just 1 percent if the bank increases minutes to the gentleman from Michi- lady from Illinois (Ms. BEAN) for yield- its business lending by 10 percent or gan (Mr. PETERS). ing. more, incentivizing banks to do the Mr. PETERS. I rise today in support I want to first thank the chair of the right thing. To ensure that banks actu- of H.R. 5297. Small businesses create Small Business Committee, Congress- ally use the funding they receive, the two in every three new jobs in this woman VELA´ ZQUEZ, for the work that rate will increase—and there are pen- country. Creating an environment that she has done on this bill and for others alties—to 7 percent if the bank fails to allows small businesses to innovate who have worked on this bill. increase its small business lending at and grow is the single most important As I’m sure has been said many times their institution within 2 years. To en- objective necessary to reduce unem- on this floor but bears repeating, small sure that all federal funds are paid ployment and lead our Nation to full businesses are the job-creating engine back within 5 years, the dividend rate economic recovery. of our economy. They employ more will increase to 9 percent for all banks, I have held a field hearing and than half of all employees in the pri- irrespective of their small business roundtables with small business owners vate sector, and they’ve created 64 per- lending, after 41⁄2 years. and have traveled door-to-door in cent of net new jobs over the past 15 Let me just make it clear: What the downtowns in my district, and the one years. So ensuring that small busi- CBO estimates through what they pro- thing that I hear over and over again is nesses have the resources they need to

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And this since the Great Depression, indeed, the ate jobs. That’s what this is about, al- program has been identified by people deepest recession we’ve seen in three- lowing small businesses to expand, who are very familiar with the TARP quarters of a century. grow their businesses, hire more peo- program as another TARP program, ex- The Recovery Act, which cut taxes ple, pay good salaries and benefits, and cept some people want to call this for 98 percent of Americans and is re- get our economy moving. I urge my TARP II, TARP Jr. But by and large, sponsible for some 2 million jobs, gave colleagues to support this bill and to this is another TARP program. small businesses tax credits for hiring help our small businesses create jobs. I You know, there is no question today many unemployed workers and helped want to congratulate once again the that all of us realize that small busi- them make the capital investments chair of the Small Business Com- nesses are the number one job creator that are essential to their growth. mittee, NYDIA VELA´ ZQUEZ, for her lead- in our country. Mr. Chairman, in fact, Since the Recovery Act, we’ve ex- ership. I thank Ms. BEAN from Illinois I am a small businessman. I came to panded Small Business Administration for her leadership on these issues, and Congress not from being a lifelong poli- lending, created further tax credits for I thank our Republican friends, who I tician, but from creating jobs in this hiring unemployed workers, and of- hope will join us in supporting this ef- country, of making payrolls. I have fered immediate and long-term tax fort to make sure that small businesses made a payroll. I have borrowed credits to help small businesses afford have the capital they need to grow our money. I have actually been a lender. employee health care. And yesterday, economy. And if you really want to get the econ- the House passed the Small Business Mr. GRAVES of Missouri. Mr. Chair- omy going back in America, as the ma- Jobs Tax Relief Act, which will exempt man, I yield back the balance of my jority has tried throwing money at the 100 percent of small business capital time. problem—and I would have thought gains from taxation and increase the Ms. VELA´ ZQUEZ. Mr. Chairman, I that they would have learned by now amount of startup expenses small busi- yield myself the balance of my time. that all this money, the trillions of ness owners can deduct from their Mr. Chairman, the face of American dollars that they have thrown at the taxes, all designed to allow small busi- small business is changing—and rap- economy hasn’t created any jobs. We nesses to grow and expand. That means idly. Twenty years ago, entrepreneurs still have almost 10 percent of the more investment in small businesses, were likely to rely on loans and credit American people who are unemployed and more entrepreneurs willing and cards to start up or expand their busi- in this country today. The numbers able to start businesses of their own nesses. This met the needs of most en- show that 17 percent of the American and hire workers to staff it. trepreneurs, but today’s startup costs people are either unemployed or under- Today, ladies and gentlemen of the have grown dramatically. This has employed, so throwing money at the House, we can take another step to caused many small companies to turn problem isn’t the answer. help small businesses and workers, es- to equity investment, particularly If you want to create jobs in Amer- tablishing a $30 billion fund to expand those in high-growth, technology-based ica, I will tell you how you create jobs lending to small businesses looking to sectors which show the greatest prom- in America. Number one, you bring make new investments in growth at no ise to create new jobs. For these firms, some certainty in America. Right now cost to the taxpayer. Ladies and gen- their assets are not buildings or ma- the American people are questioning tlemen, I know that those of you who chinery; they are people, ideas and what the future of their country is. have been not only in your own dis- skills. For this new generation, the old They are seeing record deficits by this tricts but in your States and through- method of securing capital, through administration. This year alone, if we out the country know that every small debt, is no longer sufficient by itself. had a budget—we don’t know what the businessman and -woman in America In a world where revolutionary new deficit is going to be this year because, who wants to expand has a singular products are conceived in dorm rooms, one, we haven’t passed any appropria- complaint, and that is that they can- and companies are launched in garages, tion bills in this Congress. not access capital. That’s what this bill new ways of meeting businesses’ cap- And, secondly, the leadership of the is about. This bill, the Small Business ital needs are needed. Through the majority hasn’t brought a budget to Lending Fund Act, invests capital in Small Business Early Stage Invest- the floor, and maybe they are not community and small banks that were ment program, this bill recognizes this going to because they don’t want their not the problem that caused this finan- fundamental shift and takes steps to Members to have to take a vote on a cial meltdown, investing in those com- meet the capital needs of our new busi- budget that’s going to say: for every munity and small banks under terms nesses. Our Nation’s entrepreneurs dollar we’re going to spend, we are that become more favorable to those have led us out of every previous reces- going to have to borrow 42 cents. I am banks as they make more loans to sion, and they can do so again, but only sure they would be embarrassed. And it small businesses. In other words, car- if we give them the right tools. This would be more embarrassing if you rots for giving money to small busi- legislation will make loans more af- voted for a budget like that. ness. fordable for existing businesses so they But the way you bring certainty to The CBO tells us that all of the can grow and add to their payrolls. And the country is, one, we are going to money in the Small Business Lending for the enterprises just getting off the have to start cutting back our spend- Fund will be repaid with interest and ground, it will reinvigorate investment ing and reducing these deficits. Leav- that taxpayers will actually make $1 in cutting-edge startups. ing money in the economy. As a small billion profit over the next decade. A vote for this bill is a vote in favor businessman, when I had the capital in Now, that’s not too hard to believe, I of the American traditions of innova- my business, and the government think, when you understand that in tion and entrepreneurship. I urge my wasn’t taxing away my capital, I was terms of the dollars that the Bush ad- colleagues to vote with the small busi- able to take that capital and leverage ministration asked us to put on the nesses in their district; vote ‘‘yes.’’ it, and go to my lender, be a respon- table to stabilize the economy back in I yield back the balance of my time. sible borrower, and it would be prudent 2008, that to the extent that the money Mr. NEUGEBAUER. Mr. Chairman, I to lend to me, and we could expand our has now been paid back—not all of it yield myself such time as I may con- business that way. yet—but to the extent that we have sume. The other thing is, yesterday this gotten repayment, we have made some I appreciate the majority leader com- body had an opportunity to do some- 12 percent on that money. Unfortu- ing and telling us that this won’t cost thing for small business, and that was nately, 45 percent of small businesses the taxpayers any money. We have to repeal the mandate for health care

VerDate Mar 15 2010 03:00 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.016 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4520 CONGRESSIONAL RECORD — HOUSE June 16, 2010 that was in the Democrats’ health care pipeline build and their forecasts de- (B) the Office of Thrift Supervision Thrift bill. Unfortunately, there was not velop and are seeking to expand their Financial Report; enough votes, but some of our Demo- operations and hire people, and they (C) any report that is designated by the Of- cratic colleagues understand the same need that access to capital. fice of the Comptroller of the Currency, the thing we do: if you want to bring cer- This Small Business Lending Fund Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Cor- tainty, create jobs in America, you Act is for those who are going to grow poration, or the Office of Thrift Supervision, take that off the backs of small busi- us out of this recession. I urge my col- as applicable, as a successor to any report re- nesses. leagues to support this important in- ferred to in subparagraph (A) or (B); and So, really, I wish that this bill would vestment in those community busi- (D) standard reports of Condition and In- do something for small businesses in nesses that are the cornerstone of our come submitted by Community Development this country because small businesses economy. Financial Institution loan funds to the Com- are the lifeblood and the engine for our I yield back the balance of my time. munity Development Financial Institutions country. Unfortunately, this bill will The CHAIR. All time for general de- Fund. not do anything for small businesses; bate has expired. (5) CDCI.—The term ‘‘CDCI’’ means the but it will put the taxpayers, again, at In lieu of the amendment in the na- Community Development Capital Initiative created by the Secretary under the Troubled risk to underwrite and to invest in ture of a substitute recommended by banks. Asset Relief Program established by the the Committee on Financial Services Emergency Economic Stabilization Act of You know, I figured this: it’s simple printed in the bill, it shall be in order 2008. back there in Lubbock, Texas, that, to consider as an original bill for the (6) CDCI INVESTMENT.—The term ‘‘CDCI in- you know, if somebody wants to invest purpose of amendment under the 5- vestment’’ means, with respect to any eligi- their dollars in a bank, let them invest minute rule the amendment in the na- ble institution, the principal amount of any their dollars in a bank. Don’t take the ture of a substitute printed in part A of investment made by the Secretary in such money away from the taxpayers and House Report 111–506, modified by the eligible institution under the CDCI that has invest it because the government amendment printed in part B of that not been repaid. thinks that they know what is a better report and the order of the House of (7) CPP.—The term ‘‘CPP’’ means the Cap- program. So, again, I urge my col- today. The amendment in the nature of ital Purchase Program created by the Sec- retary under the Troubled Asset Relief Pro- leagues to vote for small business, but a substitute shall be considered as not this bill. This bill doesn’t help gram established by the Emergency Eco- read. nomic Stabilization Act of 2008. small business. The text of the amendment in the na- (8) CPP INVESTMENT.—The term ‘‘CPP in- And with that, I yield back the bal- ture of a substitute is as follows: vestment’’ means, with respect to any eligi- ance of my time. Strike all after the enacting clause and in- ble institution, the principal amount of any Ms. BEAN. I yield myself the balance sert the following: investment made by the Secretary in such of time. eligible institution under the CPP that has TITLE I—SMALL BUSINESS LENDING Well, first I would like to address FUND not been repaid. some of the points our colleague from (9) ELIGIBLE INSTITUTION.—The term ‘‘eligi- Missouri suggested, that all we need to SECTION 1. SHORT TITLE. ble institution’’ means— This title may be cited as the ‘‘Small Busi- do for business is less Federal action (A) any insured depository institution, ness Jobs and Credit Act of 2010’’. and less regulation. And on that point, which— SEC. 2. PURPOSE. I would have to agree, the minority has (i) is not controlled by a bank holding com- The purpose of this title is to address the pany or savings and loan holding company delivered—less action and less regula- ongoing effects of the financial crisis on that is also an eligible institution; tion, a culture of deregulation that led small businesses by providing temporary au- (ii) has total assets of equal to or less than to the financial crisis and the recent thority to the Secretary of the Treasury to $10,000,000,000, as reported in the call report oil spill in the gulf. But this bill isn’t make capital investments in eligible institu- as of the end of the fourth quarter of cal- about regulation. It’s about credit. tions in order to increase the availability of endar year 2009; and And I would then like to move to the credit for small businesses. (iii) is not directly or indirectly controlled point of my colleague from Texas who SEC. 3. DEFINITIONS. by any company or other entity that has suggested that this bill adds $33 billion For purposes of this title: total consolidated assets of more than to the national debt. That’s disingen- (1) APPROPRIATE COMMITTEES OF CON- $10,000,000,000, as so reported; uous, as the gentleman knows. This is GRESS.—The term ‘‘appropriate committees (B) any bank holding company which has total consolidated assets of equal to or less not a $30 billion cost, according to the of Congress’’ means— (A) the Committee on Small Business and than $10,000,000,000; nonpartisan CBO. The legislation, in Entrepreneurship, the Committee on Agri- (C) any savings and loan holding company fact, will reduce the deficit. Now, these culture, Nutrition, and Forestry, the Com- which has total consolidated assets of equal funds are an investment, and there are mittee on Banking, Housing, and Urban Af- to or less than $10,000,000,000; and clear safeguards that ensure that tax- fairs, the Committee on Finance, the Com- (D) any community development financial payers are repaid with interest. Also, mittee on the Budget, and the Committee on institution loan fund which has total assets his concern for small businesses fearing Appropriations of the Senate; and of equal to or less than $10,000,000,000. higher taxes is unwarranted, as taxes (B) the Committee on Small Business, the (10) FUND.—The term ‘‘Fund’’ means the Committee on Agriculture, the Committee are, in fact, at historic lows; and in the Small Business Lending Fund established by on Financial Services, the Committee on section 4(a)(1) of this title. Recovery Act, of the $288 billion in tax Ways and Means, the Committee on the cuts, many of those went to our com- (11) INSURED DEPOSITORY INSTITUTION.—The Budget, and the Committee on Appropria- term ‘‘insured depository institution’’ has munity businesses. tions of the House of Representatives. the meaning given such term under section (2) APPROPRIATE FEDERAL BANKING AGEN- He also cited the NFIB to claim that 3(c)(2) of the Federal Deposit Insurance Act CY.—The term ‘‘appropriate Federal banking access to credit is not a serious prob- (12 U.S.C. 1813(c)(2)). agency’’ has the meaning given such term lem, yet the NFIB’s own data shows (12) PROGRAM.—The term ‘‘Program’’ under section 3(q) of the Federal Deposit In- that only 40 percent of small business means the Small Business Lending Fund surance Act (12 U.S.C. 1813(q)). Program authorized by section 4(a)(2) of this owners attempting to borrow last year (3) BANK HOLDING COMPANY.—The term had all of their credit needs met, and ‘‘bank holding company’’ has the meaning title. nearly one-quarter of would-be bor- given such term under section 2(a)(1) of the (13) SAVINGS AND LOAN HOLDING COMPANY.— rowers, 25 percent, had none of their Bank Holding Company Act of 1956 (12 U.S.C. The term ‘‘savings and loan holding com- credit needs met. Now, he did suggest 1841(2)(a)(1)). pany’’ has the meaning given such term under section 10(a)(1)(D) of the Home Own- that some businesses—or he suggested (4) CALL REPORT.—The term ‘‘call report’’ ers’ Loan Act (12 U.S.C. 1467a(a)(1)(D)). all businesses—are just in a holding means— (A) reports of Condition and Income sub- (14) SECRETARY.—The term ‘‘Secretary’’ pattern, when the reality is, some of mitted to the Office of the Comptroller of means the Secretary of the Treasury. them are, and that’s not who this legis- the Currency, the Board of Governors of the (15) SMALL BUSINESS LENDING.— lation is directed to. There are many Federal Reserve System, and the Federal De- (A) IN GENERAL.—The term ‘‘small business others who have started to see their posit Insurance Corporation; lending’’ means small business lending, as

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defined by and reported in an eligible insti- (4) LIMITATION ON PURCHASES FROM CDLFS.— trol’’ with respect to a savings and loan tution’s quarterly call report, of the fol- (A) IN GENERAL.—Not more than 1 percent holding company shall have the same mean- lowing types: of the value of purchases made by the Sec- ing as in 10(a)(2) of the Home Owners’ Loan (i) Commercial and industrial loans. retary in carrying out the Program may be Act (12 U.S.C. 1467a(a)(2)). (ii) Owner-occupied nonfarm, nonresiden- used to make purchases from community de- (E) REQUIREMENT TO PROVIDE A SMALL BUSI- tial real estate loans. velopment loan funds. NESS LENDING PLAN.—At the time that an ap- (iii) Loans to finance agricultural produc- (B) ELIGIBILITY STANDARD.—The Secretary, plicant submits an application to the Sec- tion and other loans to farmers. in consultation with the Community Devel- retary for a capital investment under the (iv) Loans secured by farmland. opment Financial Institutions Fund, shall Program, the applicant shall deliver to the (B) TREATMENT OF HOLDING COMPANIES.—In develop eligibility criteria to determine the appropriate Federal banking agency and, for the case of eligible institutions that are financial ability of a CDLF to participate in applicant’s that are State-chartered banks, bank holding companies or savings and loan the Program and repay the investment. Such to the appropriate State banking regulator, holding companies having one or more in- criteria may include net asset ratio to total a small business lending plan describing how sured depository institution subsidiaries, assets, ratio of loan loss reserves to loans the applicant’s business strategy and oper- small business lending shall be measured and leases 90 days or more delinquent (in- ating goals will allow it to address the needs based on the combined small business lend- cluding loans sold with full recourse), posi- of small businesses in the areas it serves. ing reported in the call report of the insured tive net income measured on a 3-year rolling This plan shall be confidential supervisory depository institution subsidiaries. average, operating liquidity ratio, ratio of information. (16) MINORITY-OWNED AND WOMEN-OWNED loans and leases 90 days or more delinquent (F) TREATMENT OF APPLICANTS THAT ARE BUSINESS.—The terms ‘‘minority-owned busi- (including loans sold with full recourse) to COMMUNITY DEVELOPMENT LOAN FUNDS.—Eli- ness’’ and ‘‘women-owned business’’ shall total equity plus loan loss reserves or any gible institutions that are community devel- have the meaning given the terms ‘‘minor- other measures deemed appropriate. In addi- opment loan funds may apply to receive a ity-owned business’’ and ‘‘women’s busi- tion, CDLFs participating in the Program capital investment from the Fund in an ness’’, respectively, under section 21A(r)(4) of shall submit audited financial statements to amount not exceeding 10 percent of total as- the Federal Home Loan Bank Act (12 U.S.C. the Secretary, have a clean audit opinion, sets, as reported in the call report imme- 1441A(r)(4)). and have at least three years of operating ex- diately preceding the date of application. (17) CDFI; COMMUNITY DEVELOPMENT FINAN- perience. (2) CONSULTATION WITH REGULATORS.—For CIAL INSTITUTION.—The terms ‘‘CDFI’’ and (c) CREDITS TO THE FUND.—There shall be each eligible institution that applies to re- ‘‘community development financial institu- credited to the Fund amounts made avail- ceive a capital investment under the Pro- tion’’ have the meaning given the term able pursuant to section 9, to the extent program, the Secretary shall— ‘‘community development financial institu- vided by appropriations Acts. (A) consult with the appropriate Federal tion’’ under the Riegle Community Develop- (d) TERMS.— banking agency or, in the case of an eligible ment and Regulatory Improvement Act of (1) APPLICATION.— institution that is a non-depository commu- 1994. (A) INSTITUTIONS WITH ASSETS OF $1,000,000,000 nity development financial institution, the (18) CDLF; COMMUNITY DEVELOPMENT LOAN OR LESS.—Eligible institutions having total Community Development Financial Institu- FUND.—The terms ‘‘CDLF’’ and ‘‘community assets equal to or less than $1,000,000,000, as tion Fund, for the eligible institution to de- development loan fund’’ mean any entity reported in a call report as of the end of the termine whether the eligible institution may that— fourth quarter of calendar year 2009, may receive such capital investment; (A) is certified by the Department of the apply to receive a capital investment from (B) in the case of an eligible institution Treasury as a community development fi- the Fund in an amount not exceeding 5 per- that is a State-chartered bank, consider any nancial institution loan fund; cent of risk-weighted assets, as reported in views received from the State banking regu- (B) is exempt from taxation under the In- the call report immediately preceding the lator of the State of the eligible institution ternal Revenue Code of 1986; and date of application, less the amount of any regarding the financial condition of the eli- (C) has assets under $10,000,000,000 as of the CDCI investment and any CPP investment. gible institution; and fourth quarter of calendar year 2009. (B) INSTITUTIONS WITH ASSETS OF MORE (C) in the case of a community develop- SEC. 4. SMALL BUSINESS LENDING FUND. THAN $1,000,000,000 AND LESS THAN $10,000,000,000.— ment financial institution loan fund, consult (a) FUND AND PROGRAM.— Eligible institutions having total assets of with the Community Development Financial (1) FUND ESTABLISHED.—There is estab- more than $1,000,000,000 but less than Institution Fund. lished in the Treasury of the United States a $10,000,000,000, as of the end of the fourth (3) INELIGIBILITY OF INSTITUTIONS ON FDIC fund to be known as the ‘‘Small Business quarter of calendar year 2009, may apply to PROBLEM BANK LIST.— Lending Fund’’, which shall be administered receive a capital investment from the Fund (A) IN GENERAL.—An eligible institution by the Secretary. in an amount not exceeding 3 percent of risk- may not receive any capital investment (2) PROGRAMS AUTHORIZED.—The Secretary weighted assets, as reported in the call re- under the Program if— is authorized to establish the Small Business port immediately preceding the date of ap- (i) such institution is on the FDIC problem Lending Fund Program for using the Fund plication, less the amount of any CDCI in- bank list; or consistent with this title. vestment and any CPP investment. (ii) such institution has been removed from (b) USE OF FUND.— (C) TREATMENT OF HOLDING COMPANIES.—In the FDIC problem bank list for less than 90 (1) IN GENERAL.—Subject to paragraph (2), the case of an eligible institution that is a days. the Fund shall be available to the Secretary, bank holding company or a savings and loan (B) CONSTRUCTION.—Nothing in subpara- without further appropriation or fiscal year holding company having one or more insured graph (A) shall be construed as limiting the limitation, for the costs of purchases (includ- depository institution subsidiaries, total as- discretion of the Secretary to deny the appli- ing commitments to purchase), and modi- sets shall be measured based on the com- cation of an eligible institution that is not fications of such purchases, of preferred bined total assets reported in the call report on the FDIC problem bank list. stock and other financial instruments from of the insured depository institution subsidi- (C) FDIC PROBLEM BANK LIST DEFINED.—For eligible institutions on such terms and con- aries as of the end of the fourth quarter of purposes of this subparagraph, the term ditions as are determined by the Secretary calendar year 2009 and risk-weighted assets ‘‘FDIC problem bank list’’ means the list of in accordance with this title. shall be measured based on the combined institutions with a current rating of 4 or 5 ‘‘For purposes of this paragraph and with risk-weighted assets of the insured deposi- under the Uniform Financial Institutions respect to an eligible institution, the term tory institution subsidiaries as reported in Rating System, or such other list designated ‘other financial instruments’ shall include the call report immediately preceding the by the Federal Deposit Insurance Corpora- only debt instruments for which such eligi- date of application. tion. ble institution is fully liable or equity equiv- (D) TREATMENT OF APPLICANTS THAT ARE IN- (4) INCENTIVES TO LEND.— alent capital of the eligible institution. Such STITUTIONS CONTROLLED BY HOLDING COMPA- (A) REQUIREMENTS ON PREFERRED STOCK debt instruments may be subordinated to the NIES.—If an eligible institution that applies AND OTHER FINANCIAL INSTRUMENTS.—Any claims of other creditors of the eligible insti- to receive a capital investment under the preferred stock or other financial instrument tution’’. Program is under the control of a bank hold- issued to Treasury by an eligible institution (2) MAXIMUM PURCHASE LIMIT.—The aggre- ing company or a savings and loan holding receiving a capital investment under the gate amount of purchases (and commitments company, then the Secretary may use the Program shall provide that— to purchase) made pursuant to paragraph (1) Fund to purchase preferred stock or other fi- (i) the rate at which dividends or interest may not exceed $30,000,000,000. nancial instruments from the top-tier bank are payable shall be 5 percent per annum ini- (3) PROCEEDS USED TO PAY DOWN PUBLIC holding company or savings and loan holding tially; DEBT.—All funds received by the Secretary in company of such eligible institution, as ap- (ii) within the first 2 years after the date of connection with purchases made pursuant to plicable. For purposes of this paragraph, the the capital investment under the Program, paragraph (1), including interest payments, term ‘‘control’’ with respect to a bank hold- the rate may be adjusted based on the dividend payments, and proceeds from the ing company shall have the same meaning as amount of an eligible institution’s small sale of any financial instrument, shall be in section 2(a)(2) of the Bank Holding Com- business lending. Changes in the amount of paid into the general fund of the Treasury pany Act of 1956 (12 U.S.C. 1841(2)(a)(2)). For small business lending shall be measured for reduction of the public debt. purposes of this paragraph, the term ‘‘con- against the amount of small business lending

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.015 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4522 CONGRESSIONAL RECORD — HOUSE June 16, 2010 reported by the eligible institution in its call eligible institutions consistent with this Program through the use of print, radio, tel- report for the last quarter in calendar year limitation. evision or electronic media outlets which 2009 or the average amount of small business (G) RATE ADJUSTMENTS FOR S CORPORA- target organizations, trade associations, and lending reported by the eligible institution TION.—Before making a capital investment individuals that represent or work within or in all call reports for calendar year 2009, in an eligible institution that is an S cor- are members of minority communities. whichever is lower, minus adjustments from poration or a corporation organized on a mu- (8) ADDITIONAL TERMS.—The Secretary each quarterly balance in respect of— tual basis, the Secretary may adjust the div- may, by regulation or guidance issued under (I) net loan charge offs with respect to idend or interest rate on the financial instru- section 5(9), make modifications that will small business lending; and ment to be issued to the Secretary, from the apply to new capital investments in order to (II) gains realized by the eligible institu- dividend or interest rate that would apply manage risks associated with the adminis- tion resulting from mergers, acquisitions or under subparagraphs (A) through (F), to take tration of the Fund in a manner consistent purchases of loans after origination and syn- into account any differential tax treatment with the purposes of this title. dication; which adjustments shall be deter- of securities issued by such eligible institu- (9) MINIMUM UNDERWRITING STANDARDS.— mined in accordance with guidance promul- tion. For purpose of this subparagraph, the The appropriate Federal banking agency for gated by the Secretary; and term ‘‘S corporation’’ has the same meaning an eligible institution that receives funds (iii) during any calendar quarter during as in section 1361(a) of the Internal Revenue under the Program shall within 60 days issue the initial 2-year period referred to in clause Code of 1986. guidance regarding prudent underwriting (ii), an institution’s rate shall be adjusted to (H) REPAYMENT DEADLINE.—The capital in- standards that must be used for loans made reflect the following schedule, based on that vestment received by an eligible institution by the eligible institution using such funds. institution’s change in the amount of small under the Program shall be evidenced by pre- ‘‘In the case of a community development business lending relative to the baseline— ferred stock or other financial instrument financial institution loan fund, the Commu- (I) if the amount of small business lending that— nity Development Financial Institutions has increased by less than 2.5 percent, the (i) includes, as a term and condition, that Fund shall within 60 days issue regulations dividend or interest rate shall be 5 percent; the capital investment will— defining minimum underwriting standards (II) if the amount of small business lending (I) be repaid not later than the end of the that must be used for loans made by the eli- has increased by 2.5 percent or greater, but 10-year period beginning on the date of the gible institution using such funds’’. by less than 5.0 percent, the dividend or in- capital investment under the Program; or (10) REPORTING.—Each eligible institution terest rate shall be 4 percent; (II) at the end of such 10-year period, be receiving a capital investment under the (III) if the amount of small business lend- subject to such additional terms as the Sec- Program shall issue a quarterly report to the ing has increased by 5.0 percent or greater, retary shall prescribe, which shall include a Secretary detailing the percentage of new but by less than 7.5 percent, the dividend or requirement that the stock or instrument loans to small businesses the institution interest rate shall be 3 percent; shall carry the highest dividend or interest makes that are— (IV) if the amount of small business lend- rate payable; and (A) guaranteed by the Small Business Ad- ing has increased by 7.5 percent or greater, (ii) provides that the term and condition ministration; and but by less than 10.0 percent, the divi- described under clause (i) shall not apply if (B) made to Small Business Investment dend or interest rate shall be 2 percent; or the application of that term and condition Companies; (V) if the amount of small business lending would adversely affect the capital treatment (C) other loans made to small business con- has increased by 10 percent or greater, the of the stock or financial instrument under cerns (as defined under the Small Business dividend or interest rate shall be 1 percent. current or successor applicable capital provi- Act), if the internal reporting of the concern (B) BASIS OF INITIAL RATE.—The initial div- sions compared to a capital instrument with distinguishes the size of businesses to which idend or interest rate shall be based on call identical terms other than the term and con- loans are made; and report data published in the quarter imme- dition described under clause (i). (D) other loans made to entities that the diately preceding the date of the capital in- (I) REQUIREMENTS ON FINANCIAL INSTRU- internal reporting of the concern classifies vestment under the Program. MENTS ISSUED BY A COMMUNITY DEVELOPMENT as a small business. (C) TIMING OF RATE ADJUSTMENTS.—Any FINANCIAL INSTITUTION LOAN FUND.—Any eq- rate adjustment shall occur in the calendar uity equivalent capital issued to the Treas- SEC. 5. ADDITIONAL AUTHORITIES OF THE SEC- quarter following the publication of call re- ury by a Community Development Financial RETARY. port data, such that the rate based on call Institution loan fund receiving a capital in- The Secretary may take such actions as report data from any one calendar quarter, vestment under the Program shall provide the Secretary deems necessary to carry out which is published in the first following cal- that the rate at which interest is payable the authorities in this title, including, with- endar quarter, shall be adjusted in that first shall be 2 percent per annum for 8 years. out limitation, the following: following calendar quarter and payable in After 8 years, the rate at which interest is (1) The Secretary may use the services of the second following quarter. payable shall be 9 percent. any agency or instrumentality of the United (D) RATE FOLLOWING INITIAL 2-YEAR PE- (5) ADDITIONAL INCENTIVES TO REPAY.—The States or component thereof on a reimburs- RIOD.—Generally, the rate based on call re- Secretary may, by regulation or guidance able basis, and any such agency or instru- port data from the eighth calendar quarter issued under section 5(9), establish repay- mentality or component thereof is author- after the date of the capital investment ment incentives in addition to the incentive ized to provide services as requested by the under the Program shall be payable until the in paragraph (4)(E) that will apply to new Secretary using all authorities vested in or expiration of the 41⁄2-year period that begins capital investments in a manner that the delegated to that agency, instrumentality, on the date of the investment. In the case Secretary determines to be consistent with or component. where the amount of small business lending the purposes of this title. (2) The Secretary may designate any bank, has remained the same or decreased relative (6) CAPITAL PURCHASE PROGRAM REFI- savings association, trust company, security to the institution’s baseline in the eighth NANCE.— broker or dealer, asset manager, or invest- quarter after the date of the capital invest- (A) IN GENERAL.—The Secretary shall, in a ment adviser as a financial agent of the Fed- ment under the Program, the rate shall be 7 manner that the Secretary determines to be eral Government and such institution shall percent until the expiration of the 41⁄2-year consistent with the purposes of this title, perform all such reasonable duties related to period that begins on the date of the invest- issue regulations and other guidance to per- this title as financial agent of the Federal ment. mit eligible institutions to refinance securi- Government as may be required. The Sec- (E) RATE FOLLOWING INITIAL 41⁄2-YEAR PE- ties issued to Treasury under the CDCI and retary shall have authority to amend exist- RIOD.—The dividend or interest rate paid on the CPP for securities to be issued under the ing agreements with financial agents, en- any preferred stock or other financial instru- Program. tered into during the 2-year period before the ment issued by an eligible institution that (B) PROHIBITION ON PARTICIPATION BY NON- date of enactment of this title, to perform receives a capital investment under the Pro- PAYING CPP PARTICIPANTS.—Subparagraph (A) reasonable duties related to this title. gram shall increase to 9 percent at the end of shall not apply to any eligible institution (3) The Secretary may exercise any rights the 41⁄2-year period that begins on the date of that has missed more than one dividend pay- received in connection with any preferred the capital investment under the Program. ment due under the CPP. For purposes of stock or other financial instruments or as- (F) LIMITATION ON RATE REDUCTIONS WITH this subparagraph, a CPP dividend payment sets purchased or acquired pursuant to the RESPECT TO CERTAIN AMOUNT.—The reduction that is submitted within 60 days of the due authorities granted under this title. in the dividend or interest rate payable to date of such payment shall not be considered (4) Subject to section 4(b)(3), the Secretary Treasury by any eligible institution shall be a missed divident payment. may manage any assets purchased under this limited such that the rate reduction shall (7) MINORITY OUTREACH.—The Secretary title, including revenues and portfolio risks not apply to a dollar amount of the invest- shall require eligible institutions receiving therefrom. ment made by Treasury that is greater than capital investments under the Program to (5) The Secretary may sell, dispose of, the dollar amount increase in the amount of provide outreach and advertising in the ap- transfer, exchange or enter into securities small business lending realized under this propriate language of the applicant pool de- loans, repurchase transactions, or other fi- program. The Secretary may issue guidelines scribing the availability and application nancial transactions in regard to, any pre- that will apply to new capital investments process of receiving loans from the eligible ferred stock or other financial instrument or limiting the amount of capital available to institution that are made possible by the asset purchased or acquired under this title,

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.015 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4523 upon terms and conditions and at a price de- minumum, requires financial institutions, as appropriate Federal banking agency for the termined by the Secretary. that term is defined in 31 U.S.C. 5312(a)(2) eligible institution, repay the investment (6) The Secretary may manage or prohibit and (c)(1)(A), to implement reasonable proce- without impediment. conflicts of interest that may arise in con- dures to verify the identity of any person SEC. 13. STUDY AND REPORT WITH RESPECT TO nection with the administration and execu- seeking to open an account, to the extent WOMEN-OWNED AND MINORITY- tion of the authorities provided under this reasonable and practicable, maintain records OWNED BUSINESSES. title. of the information used to verify the per- (a) STUDY.—The Secretary shall conduct a (7) The Secretary may establish and use son’s identity, and determine whether the study to determine the number of women- vehicles, subject to supervision by the Sec- person appears on any lists of known or sus- owned businesses and minority-owned busi- retary, to purchase, hold, and sell preferred pected terrorists or terrorist organizations nesses that receive assistance as a result of stock or other financial instruments and provided to the financial institution by any the Program, including— issue obligations. government agency. (1) efforts, including technical assistance (8) The Secretary may, in consultation (2) LOAN RECIPIENTS.—With respect to and outreach that institutions have em- with the Administrator of the Small Busi- funds received by an eligible institution ployed under the Program to provide loans ness Administration, issue such regulations under the Program, any business receiving a to minority- and women-owned small busi- and other guidance as may be necessary or loan from the eligible institution using such nesses; appropriate to define terms or carry out the funds after the date of the enactment of this (2) loan applications received; authorities or purposes of this title. title shall certify to such eligible institution (3) loan applications approved; and SEC. 6. CONSIDERATIONS. that the principals of such business have not (4) and any other relevant data related to In exercising the authorities granted in been convicted of a sex offense against a such transactions to promote the purposes of this title, the Secretary shall take into con- minor (as such terms are defined in section the Program as the Secretary may require. sideration— 111 of the Sex Offender Registration and No- (b) REPORT.—Not later than one year after (1) increasing the availability of credit for tification Act (42 U.S.C. 16911)). the date of enactment of this Act, the Sec- small businesses; (d) PROHIBITION ON PORNOGRAPHY.—None of retary shall submit to Congress a report on (2) providing funding to eligible institu- the funds made available under this title the results of the study conducted pursuant tions that serve small businesses that are may be used to pay the salary of any indi- to subsection (a). minority- and women-owned and that also vidual engaged in activities related to the (c) INFORMATION PROVIDED TO THE SEC- serve low- and moderate-income, minority, Program who has been officially disciplined RETARY.—Eligible institutions that partici- and other underserved or rural communities; for violations of subpart G of the Standards pate in the Program shall provide the Sec- (3) protecting and increasing American of Ethical Conduct for Employees of the Ex- retary with such information as the Sec- jobs; ecutive Branch for viewing, downloading, or retary may require to carry out the study re- (4) ensuring that all eligible institutions exchanging pornography, including chld por- quired by this section. may apply to participate in the program es- nography, on a Federal Government com- TITLE II—STATE SMALL BUSINESS tablished under this title, without discrimi- puter or while performing official Federal CREDIT INITIATIVE nation based on geography; Government duties. SEC. 201. SHORT TITLE. (5) providing transparency with respect to SEC. 9. CREDIT REFORM; FUNDING. This title may be cited as the ‘‘State Small use of funds provided under this title; (a) CREDIT REFORM.—The cost of purchases Business Credit Initiative Act of 2010’’. (6) minimizing the cost to taxpayers of ex- of preferred stock and other financial instru- SEC. 202. DEFINITIONS. ercising the authorities; and ments made as capital investments under For purposes of this title, the following (7) promoting and engaging in financial this title shall be determined as provided definitions shall apply: education to would-be borrowers. under the Federal Credit Reform Act of 1990 (1) APPROPRIATE FEDERAL BANKING AGEN- SEC. 7. REPORTS. (2 U.S.C. 661 et seq.). CY.—The term ‘‘appropriate Federal banking The Secretary shall provide to the appro- (b) FUNDS MADE AVAILABLE.—There are agency’’— priate committees of Congress— hereby appropriated, out of funds in the (A) has the same meaning as in section 3 of (1) within 7 days of the end of each month Treasury not otherwise appropriated, such the Federal Deposit Insurance Act; and commencing with the first month in which sums as may be necessary to pay the costs of (B) includes the National Credit Union Ad- transactions are made under the Program, a $30,000,000,000 of capital investments in eligi- ministration Board in the case of any credit written report describing all of the trans- ble institutions, including the costs of modi- union the deposits of which are insured in actions made during the reporting period fying such investments, and reasonable costs accordance with the Federal Credit Union pursuant to the authorities granted under of administering the program of making, Act. this title; holding, managing, and selling the capital (2) ENROLLED LOAN.—The term ‘‘enrolled (2) after the end of March and the end of investments. loan’’ means a loan made by a financial in- September, commencing September 30, 2010, SEC. 10. TERMINATION AND CONTINUATION OF stitution lender that is enrolled by a partici- a written report on all projected costs and li- AUTHORITIES. pating State in an approved State capital ac- abilities, all operating expenses, including (a) TERMINATION OF INVESTMENT AUTHOR- cess program in accordance with this title. compensation for financial agents, and all ITY.—The authority to make capital invest- (3) FEDERAL CONTRIBUTION.—The term transactions made by the Fund, which shall ments in eligible institutions, including ‘‘Federal contribution’’ means the portion of include participating institutions and commitments to purchase preferred stock or the contribution made by a participating amounts each institution has received under other instruments, provided under this title State to, or for the account of, an approved the Program; and shall terminate 1 year after the date of en- State program that is made with Federal (3) within 7 days of the end of each month actment of this title. funds allocated to the State by the Secretary commencing with the first month in which (b) CONTINUATION OF OTHER AUTHORITIES.— under section 203. transactions are made under the Program, a The authorities of the Secretary in section 5 (4) FINANCIAL INSTITUTION.—The term ‘‘fi- written report detailing how eligible institu- shall not be limited by the termination date nancial institution’’ means any insured de- tions participating in the Program have used in subsection (a). pository institution, insured credit union, or the funds such institutions received under SEC. 11. PRESERVATION OF AUTHORITY. community development financial institu- the Program. Nothing in this title may be construed to tion, as those terms are each defined in sec- SEC. 8. OVERSIGHT AND AUDITS. limit the authority of the Secretary under tion 103 of the Riegle Community Develop- (a) INSPECTOR GENERAL OVERSIGHT.—The any other provision of law. ment and Regulatory Improvement Act of Inspector General of the Department of the SEC. 12. ASSURANCES. 1994. Treasury shall conduct, supervise, and co- (a) SMALL BUSINESS LENDING FUND SEPA- (5) PARTICIPATING STATE.—The term ‘‘par- ordinate audits and investigations of the RATE FROM TARP.—The Small Business ticipating State’’ means any State that has purchase (and commitments to purchase) of Lending Fund Program is established as sep- been approved for participation in the Pro- preferred stock and other financial instru- arate and distinct from the Troubled Asset gram under section 204. ments under the Program. Relief Program established by the Emer- (6) PROGRAM.—The term ‘‘Program’’ means (b) GAO AUDIT.—The Comptroller General gency Economic Stabilization Act of 2008. An the State Small Business Credit Initiative of the United States shall perform an annual institution shall not, by virtue of a capital established under this title. audit of the Program and issue a report to investment under the Small Business Lend- (7) QUALIFYING LOAN OR SWAP FUNDING FA- the appropriate committees of Congress con- ing Fund Program, be considered a recipient CILITY.—The term ‘‘qualifying loan or swap taining the results of such audit. of the Troubled Asset Relief Program. funding facility’’ means a contractual ar- (c) REQUIRED CERTIFICATIONS.— (b) CHANGE IN LAW.—If, after a capital in- rangement between a participating State (1) ELIGIBLE INSTITUTION CERTIFICATION.— vestment has been made in an eligible insti- and a private financial entity under which— Each eligible institution that participate in tution under the Program, there is a change (A) the participating State delivers funds the Program must certify that such institu- in law that modifies the terms of the invest- to the entity as collateral; tion is in compliance with the requirements ment or program in a materially adverse re- (B) the entity provides funding from the of section 103.121 of title 31, Code of Federal spect for the eligible institution, the eligible arrangement back to the participating Regulations, a regulation that, at a institution may, after consultation with the State; and

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(C) the full amount of resulting funding Federal funds among the States in the pro- (D) EXCEPTION.— from the arrangement, less any fees and portion that each such State’s 2008 State em- (i) IN GENERAL.—The Secretary may, in the other costs of the arrangement, is contrib- ployment decline bears to the aggregate of Secretary’s discretion, transfer the full uted to, or for the account of, an approved the 2008 State employment declines for all amount of the participating State’s allo- State program. States. cated amount to the State in a single trans- (8) RESERVE FUND.—The term ‘‘reserve (B) MINIMUM ALLOCATION.—The Secretary fer if the participating State applies to the fund’’ means a fund, established by a partici- shall adjust the allocations under subpara- Secretary for approval to use the full pating State, dedicated to a particular finan- graph (A) for each State to the extent nec- amount of the allocation as collateral for a cial institution lender, for the purposes of— essary to ensure that no State receives less qualifying loan or swap funding facility. (A) depositing all required premium than 0.9 percent of the Federal funds. (ii) RECOUPMENT TRIGGERED BY INTENTIONAL charges paid by the financial institution (C) 2008 STATE EMPLOYMENT DECLINE DE- MISSTATEMENT.—If, in any audit of a report lender and by each borrower receiving a loan FINED.—For purposes of this paragraph and issued by a participating State that receives under an approved State program from that with respect to a State, the term ‘‘2008 State a single transfer pursuant to clause (i), the financial institution lender; employment decline’’ means the excess (if Secretary or the Inspector General of the De- (B) depositing contributions made by the any) of— partment of the Treasury determines that participating State, including State con- (i) the number of individuals employed in such State intentionally misstated informa- tributions made with Federal contributions; such State determined for December 2007; tion in such report, the participating State and over shall be required to fully repay all amounts (C) covering losses on enrolled loans by dis- (ii) the number of individuals employed in received by the State under the Program, bursing accumulated funds. such State determined for December 2008. and such amounts shall be paid into the gen- (9) STATE.—The term ‘‘State’’ means— (3) 2010 ALLOCATION FORMULA.— eral fund of the Treasury for reduction of the (A) a State of the United States; (A) IN GENERAL.—The Secretary shall de- public debt. (B) the District of Columbia, the Common- termine the 2010 allocation by allocating (2) TRANSFERRED AMOUNTS.—Each amount wealth of Puerto Rico, the Commonwealth of Federal funds among the States in the pro- Northern Mariana Islands, Guam, American portion that each such State’s 2009 unem- transferred to a participating State under Samoa, and the United States Virgin Islands; ployment number bears to the aggregate of this section shall remain available to the (C) when designated by a State of the the 2009 unemployment numbers for all of State until used by the State as permitted United States, a political subdivision of that the States. under paragraph (3). State that the Secretary determines has the (B) MINIMUM ALLOCATION.—The Secretary (3) USE OF TRANSFERRED FUNDS.—Each par- capacity to participate in the Program; and shall adjust the allocations under subpara- ticipating State may use funds transferred (D) under the circumstances described in graph (A) for each State to the extent nec- to it under this section only— section 204(d), a municipality of a State of essary to ensure that no State receives less (A) for making Federal contributions to, or the United States to which the Secretary has than 0.9 percent of the Federal funds. for the account of, an approved State pro- given a special permission under section (C) 2009 UNEMPLOYMENT NUMBER DEFINED.— gram; 204(d). For purposes of this paragraph and with re- (B) as collateral for a qualifying loan or (10) STATE CAPITAL ACCESS PROGRAM.—The spect to a State, the term ‘‘2009 unemploy- swap funding facility; term ‘‘State capital access program’’ means ment number’’ means the number of individ- (C) in the case of the first one-third trans- a program of a State that— uals within such State who were determined ferred, for paying administrative costs in- (A) uses public resources to promote pri- to be unemployed by the Bureau of Labor curred by the State in implementing an ap- vate access to credit; and Statistics for December 2009. proved State program in an amount not to (B) meets the eligibility criteria in section (c) AVAILABILITY OF ALLOCATED AMOUNT.— exceed 5 percent of that first one-third; or 205(c). The amount allocated by the Secretary to (D) in the case of each successive one-third (11) STATE OTHER CREDIT SUPPORT PRO- each participating State under subsection (b) transferred, for paying administrative costs GRAM.—The term ‘‘State other credit support shall be made available to the State as fol- incurred by the State in implementing an program’’— lows: approved State program in an amount not to (A) means a program of a State that— (1) ALLOCATED AMOUNT GENERALLY TO BE exceed 3 percent of that successive one-third. (i) uses public resources to promote private AVAILABLE TO STATE IN ONE-THIRDS.— (4) TERMINATION OF AVAILABILITY OF access to credit; (A) IN GENERAL.—The Secretary shall— AMOUNTS NOT TRANSFERRED WITHIN 2 YEARS OF (ii) is not a State capital access program; (i) apportion the participating State’s allo- PARTICIPATION.—Any portion of a partici- and cated amount into one-thirds; pating State’s allocated amount that has not (iii) meets the eligibility criteria in sec- (ii) transfer to the participating State the been transferred to the State under this section 206(c); and first one-third when the Secretary approves tion by the end of the 2-year period begin- (B) includes, collateral support programs, the State for participation under section 204; ning on the date that the Secretary approves loan participation programs, and credit and the State for participation may be deemed guarantee programs. (iii) transfer to the participating State by the Secretary to be no longer allocated to each successive one-third when the State has (12) STATE PROGRAM.—The term ‘‘State the State and no longer available to the program’’ means a State capital access pro- certified to the Secretary that it has ex- State and shall be returned to the General gram or a State other credit support pro- pended, transferred, or obligated 80 percent Fund of the Treasury. gram. of the last transferred one-third for Federal (5) TRANSFERRED AMOUNTS NOT ASSIST- contributions to, or for the account of, State (13) SECRETARY.—The term ‘‘Secretary’’ ANCE.—The amounts transferred to a partici- means the Secretary of the Treasury. programs. pating State under this section shall not be (B) AUTHORITY TO WITHHOLD PENDING SEC. 203. FEDERAL FUNDS ALLOCATED TO considered ‘‘assistance’’ for purposes of sub- STATES. AUDIT.—The Secretary may withhold the title V of title 31, United States Code. (a) PROGRAM ESTABLISHED; PURPOSE.— transfer of any successive one-third pending (6) DEFINITIONS.—For purposes of this sec- There is established the State Small Busi- results of a financial audit. tion— ness Credit Initiative (hereinafter in this (C) TRANSFERS CONTINGENT ON INSPECTOR (A) the term ‘‘allocated amount’’ means title referred to as the ‘‘Program’’), to be ad- GENERAL AUDITS.— the total amount of Federal funds allocated ministered by the Secretary. Under the Pro- (i) IN GENERAL.—Before a transfer to a par- by the Secretary under subsection (b) to the gram, the Secretary shall allocate Federal ticipating State of the second one-third or participating State; and funds to participating States and make the the last one-third, the Inspector General of (B) the term ‘‘one-third’’ means— allocated funds available to the partici- the Department of the Treasury shall carry (i) in the case of the first and second one- pating States as provided in this section for out an audit of the participating State’s use thirds, an amount equal to 33 percent of a the uses described in this section. of amounts already received. participating State’s allocated amount; and (b) ALLOCATION FORMULA.— (ii) PENALTY FOR MISSTATEMENT.—Any par- (ii) in the case of the last one-third, an (1) IN GENERAL.—Not later than 30 days ticipating State that is found to have inten- amount equal to 34 percent of a participating after the date of enactment of this title, the tionally misstated any report issued to the State’s allocated amount. Secretary shall allocate Federal funds to Secretary under the Program shall be ineli- participating States so that each State is el- gible to receive any additional funds under SEC. 204. APPROVING STATES FOR PARTICIPA- TION. igible to receive an amount equal to the av- the Program. Funds that had been allocated erage of the respective amounts that the or that would otherwise have been allocated (a) APPLICATION.—Any State may apply to State— to such participating State shall be paid into the Secretary for approval to be a partici- (A) would receive under the 2009 allocation, the general fund of the Treasury for reduc- pating State under the Program and to be el- as determined under paragraph (2); and tion of the public debt. igible for an allocation of Federal funds (B) would receive under the 2010 allocation, (iii) MUNICIPALITIES.—For purposes of this under the Program. as determined under paragraph (3). subparagraph, the term ‘‘participating (2) 2009 ALLOCATION FORMULA.— State’’ shall include a municipality given (b) GENERAL APPROVAL CRITERIA.—The (A) IN GENERAL.—The Secretary shall de- special permission to participate in the Pro- Secretary shall approve a State to be a par- termine the 2009 allocation by allocating gram, pursuant to section 204(d). ticipating State, if—

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(1) a specific department, agency, or polit- (A) IF MORE THAN 3.—If more than 3 munici- (4) provides its portfolio insurance solely ical subdivision of the State has been des- palities, or combination of municipalities as for loans that meet both the following re- ignated to implement a State program and provided in paragraph (3), of a State apply quirements: participate in the Program; for approval by the Secretary to be partici- (A) The borrower has 500 employees or less (2) all legal actions necessary to enable pating municipalities under this subsection, at the time that the loan is enrolled in the such designated department, agency, or po- and the applications meet the approval cri- Program. litical subdivision to implement a State pro- teria in paragraph (4), the Secretary shall al- (B) The loan amount does not exceed gram and participate in the Program have locate Federal funds to the 3 municipalities $5,000,000. been accomplished; with the largest populations. (d) FEDERAL CONTRIBUTIONS TO APPROVED (3) the State has filed an application with (B) IF 3 OR FEWER.—If 3 or fewer munici- STATE CAPITAL ACCESS PROGRAMS.—A State the Secretary for approval of a State capital palities, or combination of municipalities as capital access program approved under this access program under section 205 or approval provided in paragraph (3), of a State apply section will be eligible for receiving Federal as a State other credit support program for approval by the Secretary to be partici- contributions to the reserve fund in an under section 206, in each case within the pating municipalities under this subsection, amount equal to the sum of the amount of time period provided in the respective sec- and the applications meet the approval cri- the insurance premium charges paid by the tion; and teria in paragraph (4), the Secretary shall al- borrowers and by the financial institution to (4) the State and the Secretary have exe- locate Federal funds to each applicant mu- the reserve fund for loans that meet the re- cuted an allocation agreement that— nicipality or combination of municipalities. quirements in subsection (c)(4). A participating State may use the Federal contribu- (A) conforms to the requirements of this (6) APPORTIONMENT OF ALLOCATED AMOUNT tion to make its contribution to the reserve title; AMONG PARTICIPATING MUNICIPALITIES.—If the fund of an approved State capital access pro- (B) ensures that the State program com- Secretary approves municipalities to be par- gram. plies with such national standards as are es- ticipating municipalities under this sub- tablished by the Secretary under section (e) MINIMUM PROGRAM REQUIREMENTS FOR section, the Secretary shall apportion the STATE CAPITAL ACCESS PROGRAMS.—The Sec- 209(a)(2); full amount of the Federal funds that are al- (C) sets forth internal control, compliance, retary shall, by regulation or other guid- located to that State to municipalities that ance, prescribe Program requirements that and reporting requirements as established by are approved under this subsection in the Secretary, and such other terms and con- meet the following minimum requirements: amounts proportionate to the population of (1) EXPERIENCE AND CAPACITY.—The partici- ditions necessary to carry out the purposes those municipalities, based on the most re- of this title, including an agreement by the pating State shall determine for each finan- cent available decennial census. cial institution that participates in the State to allow the Secretary to audit State (7) APPROVING STATE PROGRAMS FOR MUNICI- programs; State capital access program, after consulta- PALITIES.—If the Secretary approves munici- (D) requires that the State program be tion with the appropriate Federal banking palities to be participating municipalities agency or, in the case of a financial institu- fully positioned, within 90 days of the State’s under this subsection, the Secretary shall execution of the allocation agreement with tion that is a non depository community de- take into account the additional consider- velopment financial institution, the Commu- the Secretary, to act on providing the kind ations in section 206(d) in making the deter- of credit support that the State program was nity Development Financial Institution mination under section 205 or 206 that the Fund, that the financial institution has suf- established to provide; and State program or programs to be imple- (E) includes an agreement by the State to ficient commercial lending experience and fi- mented by the participating municipalities, nancial and managerial capacity to partici- deliver to the Secretary, and update annu- including a State capital access program, is ally, a schedule describing how the State in- pate in the approved State capital access eligible for Federal contributions to, or for program. The determination by the State tends to apportion among its State programs the account of, the State program. the Federal funds allocated to the State. shall not be reviewable by the Secretary. (c) CONTRACTUAL ARRANGEMENTS FOR IM- SEC. 205. APPROVING STATE CAPITAL ACCESS (2) INVESTMENT AUTHORITY.—Subject to ap- PLEMENTATION OF STATE PROGRAMS.—A State PROGRAMS. plicable State law, the participating State may invest, or cause to be invested, funds may be approved to be a participating State, (a) APPLICATION.—A participating State held in a reserve fund by establishing a de- and be eligible for an allocation of Federal that establishes a new, or has an existing, posit account at the financial institution funds under the Program, if the State has State capital access program that meets the lender in the name of the participating contractual arrangements for the implemen- eligibility criteria in subsection (c) may State. In the event that funds in the reserve tation and administration of its State pro- apply to Secretary to have the State capital fund are not deposited in such an account, gram with— access program approved as eligible for Fed- such funds shall be invested in a form that (1) an existing, approved State program ad- eral contributions to the reserve fund. ministered by another State; or the participating State determines is safe (2) an authorized agent of, or entity super- (b) APPROVAL.—The Secretary shall ap- and liquid. vised by, the State, including for-profit and prove such State capital access program as (3) LOAN TERMS AND CONDITIONS TO BE DE- not-for-profit entities. eligible for Federal contributions to the re- TERMINED BY AGREEMENT.—A loan to be filed (d) SPECIAL PERMISSION.— serve fund if— for enrollment in an approved State capital (1) CIRCUMSTANCES WHEN A MUNICIPALITY (1) within 60 days after the date of enact- access program may be made with such in- MAY APPLY DIRECTLY.—If a State does not, ment of this title, the State has filed with terest rate, fees, and other terms and condi- within 60 days after the date of enactment of the Secretary a notice of intent to apply for tions, and the loan may be enrolled in the this title, file with the Secretary a notice of approval by the Secretary of a State capital approved State capital access program and its intent to apply for approval by the Sec- access program; claims may be filed and paid, as agreed upon retary of a State program or within 9 months (2) within 9 months after the date of enact- by the financial institution lender and the after the date of enactment of this title, file ment of this title, the State has filed with borrower, consistent with applicable law. with the Secretary a complete application the Secretary a complete application for ap- (4) LENDER CAPITAL AT-RISK.—A loan to be for approval of a State program, the Sec- proval by the Secretary of a capital access filed for enrollment in the State capital ac- retary may grant to municipalities of that program; cess program must require the financial in- State a special permission that will allow (3) the State satisfies the requirements of stitution lender to have a meaningful them to apply directly to the Secretary subsections (a) and (b) of section 204; and amount of its own capital resources at risk without the State for approval to be partici- (4) the State capital access program meets in the loan. pating municipalities. the eligibility criteria in subsection (c). (5) PREMIUM CHARGES MINIMUM AND MAX- (2) TIMING REQUIREMENTS APPLICABLE TO (c) ELIGIBILITY CRITERIA FOR STATE CAP- IMUM AMOUNTS.—The insurance premium MUNICIPALITIES APPLYING DIRECTLY.—To ITAL ACCESS PROGRAMS.—For a State capital charges payable to the reserve fund by the qualify for the special permission, a munici- access program to be approved under this borrower and the financial institution lender pality of a State must, within 12 months section, it must be a program of the State shall be prescribed by the financial institu- after the date of enactment of this title, file that— tion lender, within minimum and maximum with the Secretary a complete application (1) provides portfolio insurance for busi- limits that require that the sum of the insur- for approval by the Secretary of a State pro- ness loans based on a separate loan-loss re- ance premium charges paid in connection gram. serve fund for each financial institution; with a loan by the borrower and the finan- (3) NOTICES OF INTENT AND APPLICATIONS (2) requires insurance premiums to be paid cial institution lender may not be less than FROM MORE THAN 1 MUNICIPALITY.—A munici- by the financial institution lenders and by 2 percent nor more than 7 percent of the pality of a State may combine with 1 or the business borrowers to the reserve fund to amount of the loan enrolled in the approved more other municipalities of that State to have their loans enrolled in the reserve fund; State capital access program. file a joint notice of intent to file and a joint (3) provides for contributions to be made (6) STATE CONTRIBUTIONS.—In enrolling a application. by the State to the reserve fund in amounts loan in an approved State capital access pro- (4) APPROVAL CRITERIA.—The general ap- at least equal to the sum of the amount of gram, the participating State may make a proval criteria in paragraphs (2) and (4) shall the insurance premium charges paid by the contribution to the reserve fund to supple- apply. borrower and the financial institution to the ment Federal contributions made under this (5) ALLOCATION TO MUNICIPALITIES.— reserve fund for any newly enrolled loan; and Program.

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(7) LOAN PURPOSE.— (2) the Secretary determines that the State (f) MINIMUM PROGRAM REQUIREMENTS FOR (A) PARTICULAR LOAN PURPOSE REQUIRE- other credit support program meets the eli- STATE OTHER CREDIT SUPPORT PROGRAMS.— MENTS AND PROHIBITIONS.—In connection gibility criteria in subsection (c); (1) FUND TO PRESCRIBE.—The Secretary with the filing of a loan for enrollment in an (3) the Secretary determines the State shall, by regulation or other guidance, pre- approved State capital access program, the other credit support program to be eligible scribe Program requirements for approved financial institution lender— based on the additional considerations in State other credit support programs. (i) shall obtain an assurance from each bor- subsection (d); and (2) CONSIDERATIONS FOR FUND.—In pre- rower that— (4) within 9 months after the date of enact- scribing minimum Program requirements for (I) the proceeds of the loan will be used for ment of this title, the State has filed with approved State other credit support pro- a business purpose; Treasury a complete application for Treas- grams, the Secretary shall take into consid- (II) the loan will not be used to finance ury approval. eration, to the extent the Secretary deter- such business activities as the Secretary, by (c) ELIGIBILITY CRITERIA FOR STATE OTHER mines applicable and appropriate, the min- regulation, may proscribe as prohibited loan CREDIT SUPPORT PROGRAMS.—For a State imum Program requirements for approved purposes for enrollment in an approved State other credit support program to be approved State capital access programs in section capital access program; and under this section, it must be a program of 205(e). (III) the borrower is not— the State that— SEC. 207. REPORTS. (aa) an executive officer, director, or prin- (1) can demonstrate that, at a minimum, 1 (a) QUARTERLY USE-OF-FUNDS REPORT.— cipal shareholder of the financial institution dollar of public investment by the State pro- (1) IN GENERAL.—Not later than 30 days lender; gram will cause and result in 1 dollar of new after the beginning of each calendar quarter, (bb) a member of the immediate family of private credit; beginning after the first full calendar quar- an executive officer, director, or principal (2) can demonstrate a reasonable expecta- ter to occur after the date the Secretary ap- shareholder of the financial institution lend- tion that, when considered with all other proves a State for participation, the partici- er; or State programs of the State, such State pro- pating State shall submit to the Secretary a (cc) a related interest of any such execu- grams together have the ability to use report on the use of Federal funding by the tive officer, director, principal shareholder, amounts of new Federal contributions to, or participating State during the previous cal- or member of the immediate family; for the account of, all such programs in the endar quarter. (ii) shall provide assurances to the partici- State to cause and result in amounts of new (2) REPORT CONTENTS.—The report shall— pating State that the loan has not been small business lending at least 10 times the (A) indicate the total amount of Federal made in order to place under the protection new Federal contribution amount; funding used by the participating State; of the approved State capital access program (3) for those State other credit support pro- (B) include a certification by the partici- prior debt that is not covered under the ap- grams that provide their credit support pating State that— proved State capital access program and through 1 or more financial institution lend- (i) the information provided in accordance that is or was owed by the borrower to the fi- ers, requires the financial institution lenders with subparagraph (A) is accurate; nancial institution lender or to an affiliate to have a meaningful amount of their own (ii) funds continue to be available and le- of the financial institution lender; capital resources at risk in their small busi- gally committed to contributions by the (iii) shall not allow the enrollment of a ness lending; and State to, or for the account of, approved loan to a borrower that is a refinancing of a (4) extends credit support that— State programs, less any amount that has loan previously made to that borrower by (A) targets an average borrower size of 500 been contributed by the State to, or for the the financial institution lender or an affil- employees or less; account of, approved State programs subse- iate of the financial institution lender; and (B) does not extend credit support to bor- quent to the State being approved for par- (iv) may include additional restrictions on rowers that have more than 750 employees; ticipation in the Program; and the eligibility of loans or borrowers that are (C) targets support towards loans with an (iii) the participating State is imple- not inconsistent with the provisions and pur- average principal amount of $5,000,000 or less; menting its approved State program or pro- poses of this title, including compliance with and grams in accordance with this title and regu- all applicable Federal and State laws, regu- (D) does not extend credit support to loans lations issued pursuant to section 210. lations, ordinances, and Executive orders. that exceed a principal amount of $20,000,000. (b) ANNUAL REPORT.—Not later than March (B) DEFINITIONS.—For purposes of this sub- (d) ADDITIONAL CONSIDERATIONS.—In mak- 31 of each year, beginning March 31, 2011, section, the terms ‘‘executive officer’’, ‘‘di- ing a determination that a State other credit each participating State shall submit to the rector’’, ‘‘principal shareholder’’, ‘‘imme- support program is eligible for Federal con- Secretary an annual report that shall in- diate family’’, and ‘‘related interest’’ refer to tributions to, or for the account of, the State clude the following information: the same relationship to a financial institu- program, the Secretary shall take into ac- (1) The number of borrowers that received tion lender as the relationship described in count the following additional consider- new loans originated under the approved part 215 of title 12 of the Code of Federal ations: State program or programs after the State Regulations, or any successor to such part. (1) The anticipated benefits to the State, program was approved as eligible for Federal (8) CAPITAL ACCESS FOR SMALL BUSINESSES its businesses, and its residents to be derived contributions. IN UNDERSERVED COMMUNITIES.—At the time from the Federal contributions to, or for the (2) The total amount of such new loans. that a State applies to the Secretary to have account of, the approved State other credit (3) Breakdowns by industry type, loan size, the State capital axccess program approved support program, including the extent to annual sales, and number of employees of the as eligible for Federal contributions, the which resulting small business lending will borrowers that received such new loans. State shall deliver to the Secretary a report expand economic opportunities. (4) The zip code of each borrower that re- stating how the State plans to use the Fed- (2) The operational capacity, skills, and ex- ceived such a new loan. eral contributions to the reserve fund to pro- perience of the management team of the (5) Such other data as the Secretary, in the vide access to capital for small businesses in State other credit support program. Secretary’s sole discretion, may require to low- and moderate-income, minority, and (3) The capacity of the State other credit carry out the purposes of the Program. other underserved communities, including support program to manage increases in the (c) FORM.—The reports and data filed pur- women- and minority-owned small busi- volume of its small business lending. suant to subsections (a) and (b) shall be in nesses. (4) The internal accounting and adminis- such form as the Secretary, in the Sec- SEC. 206. APPROVING COLLATERAL SUPPORT trative controls systems of the State other retary’s sole discretion, may require. AND OTHER INNOVATIVE CREDIT credit support program, and the extent to (d) TERMINATION OF REPORTING REQUIRE- ACCESS AND GUARANTEE INITIA- which they can provide reasonable assurance MENTS.—The requirement to submit reports TIVES FOR SMALL BUSINESSES AND that funds of the State program are safe- under subsections (a) and (b) shall terminate MANUFACTURERS. guarded against waste, loss, unauthorized for a participating State with the submission (a) APPLICATION.—A participating State use, or misappropriation. of the completed reports due on the first that establishes a new, or has an existing, (5) The soundness of the program design March 31 to occur after 5 complete 12-month credit support program that meets the eligi- and implementation plan of the State other periods after the State is approved by the bility criteria in subsection (c) may apply to credit support program. Secretary to be a participating State. the Secretary to have the State other credit (e) FEDERAL CONTRIBUTIONS TO APPROVED SEC. 208. REMEDIES FOR STATE PROGRAM TER- support program approved as eligible for STATE OTHER CREDIT SUPPORT PROGRAMS.—A MINATION OR FAILURES. Federal contributions to, or for the account State other credit support program approved (a) REMEDIES.— of, the State program. under this section will be eligible for receiv- (1) IN GENERAL.—If any of the events listed (b) APPROVAL.—The Secretary shall ap- ing Federal contributions to, or for the ac- in paragraph (2) occur, the Secretary, in the prove such State other credit support pro- count of, the State program in an amount Secretary’s discretion, may— gram as eligible for Federal contributions to, consistent with the schedule describing the (A) reduce the amount of Federal funds al- or for the account of, the program if— apportionment of allocated Federal funds located to the State under the Program; or (1) the Secretary determines that the State among State programs delivered by the (B) terminate any further transfers of allo- satisfies the requirements of paragraphs (1) State to the Secretary under the allocation cated amounts that have not yet been trans- through (3) of section 205(b); agreement. ferred to the State.

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(2) CAUSAL EVENTS.—The events referred to minimum, requires financial institutions, as ‘‘(c) APPLICATIONS FROM MANAGERS OF in paragraph (1) are— that term is defined in 31 U.S.C. 5312(a)(2) SMALL BUSINESS INVESTMENT COMPANIES.— (A) termination by a participating State of and (c)(1)(A), to implement reasonable proce- The Administrator shall establish an abbre- its participation in the Program; dures to verify the identity of any person viated application process for applicants (B) failure on the part of a participating seeking to open an account, to the extent that are managers of small business invest- State to submit complete reports under sec- reasonable and practicable, maintain records ment companies that are licensed under section 207 on a timely basis; or of the information used to verify the per- tion 301 and that are applying to participate (C) noncompliance by the State with the son’s identity, and determine whether the in the program. Such abbreviated process terms of the allocation agreement between person appears on any lists of known or sus- shall incorporate a presumption that such the Secretary and the State. pected terrorists or terrorist organizations managers satisfactorily meet the selection (b) DEALLOCATED AMOUNTS TO BE REALLO- provided to the financial institution by any criteria under paragraphs (3) and (5) of sec- CATED.—If, after 13 months, any portion of government agency. tion 399D(b). the amount of Federal funds allocated to a (2) SEX OFFENSE CERTIFICATION.—With re- ‘‘SEC. 399D. SELECTION OF PARTICIPATING IN- participating State is deemed by the Sec- spect to funds received by a participating VESTMENT COMPANIES. retary to be no longer allocated to the State State under the Program, any private entity ‘‘(a) IN GENERAL.—Not later than 90 days after actions taken by the Secretary under that receives a loan, a loan guarantee, or after the date on which the Administrator subsection (a)(1), the Secretary shall reallo- other financial assistance using such funds receives an application from an applicant cate that portion among the participating after the date of the enactment of this title under section 399C, the Administrator shall States, excluding the State whose allocated shall certify to the participating State that make a determination to conditionally approve or disapprove such applicant to par- funds were deemed to be no longer allocated, the principals of such entity have not been ticipate in the program and shall transmit as provided in section 203(b). convicted of a sex offense against a minor (as such determination to the applicant in writ- SEC. 209. IMPLEMENTATION AND ADMINISTRA- such terms are defined in section 111 of the Sex Offender Registration and Notification ing. A determination to conditionally ap- TION. prove an applicant shall identify all condi- (a) GENERAL AUTHORITIES AND DUTIES.— Act (42 U.S.C. 16911)). (d) PROHIBITION ON PORNOGRAPHY.—None of tions necessary for a final approval and shall The Secretary shall— provide a period of not less than one year for (1) consult with the Administrator of the the funds made available under this title may be used to pay the salary of any indi- satisfying such conditions. Small Business Administration and the ap- vidual engaged in activities related to the ‘‘(b) SELECTION CRITERIA.—In making a de- propriate Federal banking agencies on the Program who has been officially disciplined termination under subsection (a), the Ad- administration of the Program; for violations of subpart G of the Standards ministrator shall consider each of the fol- (2) establish minimum national standards of Ethical Conduct for Employees of the Ex- lowing: for approved State programs; ecutive Branch for viewing, downloading, or ‘‘(1) The likelihood that the applicant will (3) provide technical assistance to States exchanging pornography, including child meet the goals specified in the business plan for starting State programs and generally pornography, on a Federal Government com- of the applicant. disseminate best practices; puter or while performing official Federal ‘‘(2) The likelihood that the investments of (4) manage, administer, and perform nec- Government duties. the applicant will create or preserve jobs, essary program integrity functions for the both directly and indirectly. TITLE III—SMALL BUSINESS EARLY- Program; and ‘‘(3) The character and fitness of the man- STAGE INVESTMENT PROGRAM (5) ensure adequate oversight of the ap- agement of the applicant. proved State programs, including oversight SEC. 301. SHORT TITLE. ‘‘(4) The experience and background of the of the cash flows, performance, and compli- This title may be cited as the ‘‘Small Busi- management of the applicant. ance of each approved State program. ness Early-Stage Investment Program Act of ‘‘(5) The extent to which the applicant will 2010’’. (b) APPROPRIATIONS.—There is hereby ap- concentrate investment activities on early- propriated to the Secretary, out of funds in SEC. 302. SMALL BUSINESS EARLY-STAGE INVEST- stage small businesses. the Treasury not otherwise appropriated, MENT PROGRAM. ‘‘(6) The likelihood that the applicant will Title III of the Small Business Investment $2,000,000,000 to carry out the Program, in- achieve profitability. Act of 1958 (15 U.S.C. 681 et seq.) is amended cluding to pay reasonable costs of admin- ‘‘(7) The experience of the management of by adding at the end the following: istering the Program. the applicant with respect to establishing a (c) TERMINATION OF SECRETARY’S PROGRAM ‘‘PART D—SMALL BUSINESS EARLY-STAGE profitable investment track record. ADMINISTRATION FUNCTIONS.—The authorities INVESTMENT PROGRAM ‘‘(c) FINAL APPROVAL.—For each applicant and duties of the Secretary to implement ‘‘SEC. 399A. ESTABLISHMENT OF PROGRAM. provided a conditional approval under sub- and administer the Program shall terminate ‘‘The Administrator shall establish and section (a), the Administrator shall provide at the end of the 7-year period beginning on carry out an early-stage investment program final approval to participate in the program the date of enactment of this title. (hereinafter referred to in this part as the not later than 90 days after the date the ap- SEC. 210. REGULATIONS. ‘program’) to provide equity investment fi- plicant satisfies the conditions specified by The Secretary, in consultation with the nancing to support early-stage small busi- the Administrator under such subsection or, nesses in accordance with this part. in the case of applicants whose partnership Administrator of the Small Business Admin- or management agreements conform to mod- istration, shall issue such regulations and ‘‘SEC. 399B. ADMINISTRATION OF PROGRAM. els approved by the Administrator, the Ad- other guidance as the Secretary determines ‘‘The program shall be administered by the Administrator acting through the Associate ministrator shall provide final approval to necessary or appropriate to implement this Administrator described under section 201. participate in the program not later than 30 title including, but not limited to, to define ‘‘SEC. 399C. APPLICATIONS. days after the date the applicant satisfies terms, to establish compliance and reporting the conditions specified under such sub- requirements, and such other terms and con- ‘‘(a) IN GENERAL.—Any existing or newly formed incorporated body, limited liability section. If an applicant provided conditional ditions necessary to carry out the purposes company, or limited partnership organized approval under subsection (a) fails to satisfy of this title. and chartered or otherwise existing under the conditions specified by the Adminis- SEC. 211. OVERSIGHT AND AUDITS. Federal or State law for the purpose of per- trator in the time period designated under (a) INSPECTOR GENERAL OVERSIGHT.—The forming the functions and conducting the ac- such subsection, the Administrator shall re- Inspector General of the Department of the tivities contemplated under the program and voke the conditional approval. Treasury shall conduct, supervise, and co- any manager of any small business invest- ‘‘SEC. 399E. EQUITY FINANCINGS. ordinate audits and investigations of the use ment company may submit to the Adminis- ‘‘(a) IN GENERAL.—The Administrator may of funds made available under the Program. trator an application to participate in the make one or more equity financings to a par- (b) GAO AUDIT.—The Comptroller General program. ticipating investment company. of the United States shall perform an annual ‘‘(b) REQUIREMENTS FOR APPLICATION.—An ‘‘(b) EQUITY FINANCING AMOUNTS.— audit of the Program and issue a report to application to participate in the program ‘‘(1) NON-FEDERAL CAPITAL.—An equity fi- the appropriate committees of Congress, as shall include the following: nancing made to a participating investment such term is defined under section 3(1), con- ‘‘(1) A business plan describing how the ap- company under the program may not be in taining the results of such audit. plicant intends to make successful venture an amount that exceeds the amount of the (c) REQUIRED CERTIFICATION.— capital investments in early-stage small capital of such company that is not from a (1) FINANCIAL INSTITUTIONS CERTIFI- businesses and direct capital to small busi- Federal source and that is available for in- CATION.—With respect to funds received by a ness concerns in targeted industries or other vestment on or before the date on which an participating State under the Program, any business sectors. equity financing is drawn upon. Such capital financial institution that receives a loan, a ‘‘(2) Information regarding the relevant may include legally binding commitments loan guarantee, or other financial assistance venture capital investment qualifications with respect to capital for investment. using such funds after the date of the enact- and backgrounds of the individuals respon- ‘‘(2) LIMITATION ON AGGREGATE AMOUNT.— ment of this title must certify that such in- sible for the management of the applicant. The aggregate amount of all equity stitution is in compliance with the require- ‘‘(3) A description of the extent to which financings made to a participating investments of section 103.121 of title 31, Code of the applicant meets the selection criteria ment company under the program may not Federal Regulations, a regulation that, at a under section 399D. exceed $100,000,000.

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‘‘(c) EQUITY FINANCING PROCESS.—In mak- shall be returned by the managers and paid as that term is defined in 31 U.S.C. 5312(a)(2) ing an equity financing under the program, to the investors and the Administrator in and (c)(1)(A), to implement reasonable proce- the Administrator shall commit an equity fi- proportion to the capital contributions and dures to verify the identity of any person nancing amount to a participating invest- equity financings paid in. No manager prof- seeking to open an account, to the extent ment company and the amount of each such its interest (other than a tax distribution) reasonable and practicable, maintain records commitment shall remain available to be shall be paid prior to the repayment to the of the information used to verify the per- drawn upon by such company— investors and the Administrator of all con- son’s identity, and determine whether the ‘‘(1) for new-named investments during the tributed capital and equity financings made. person appears on any lists of known or sus- 5-year period beginning on the date on which ‘‘(c) DISTRIBUTION REQUIREMENTS.—As a pected terrorists or terrorist organizations each such commitment is first drawn upon; condition of receiving an equity financing provided to the financial institution by any and under the program, a participating invest- government agency. ‘‘(2) for follow-on investments and management company shall make all distributions ‘‘(2) EARLY-STAGE SMALL BUSINESSES.— ment fees during the 10-year period begin- to all investors in cash and shall make dis- Each early-stage small business that re- ning on the date on which each such commit- tributions within a reasonable time after ceives funds from a participating investment ment is first drawn upon, with not more than exiting investments, including following a company that receives an equity financing 2 additional 1-year periods available at the public offering or market sale of underlying under this part after the date of the enact- discretion of the Administrator. investments. ment of this part must, if applicable, certify ‘‘(d) COMMITMENT OF FUNDS.—The Adminis- ‘‘SEC. 399I. FUND. that such company is in compliance with the trator shall make commitments for equity ‘‘There is hereby created within the Treas- requiremetns of section 103.121 of title 31, financings not later than 2 years after the ury a separate fund for equity financings Code of Federal Regulations, a regulation date funds are appropriated for the program. which shall be available to the Adminis- that, at a minimum, requires financial insti- ‘‘SEC. 399F. INVESTMENTS IN EARLY-STAGE trator subject to annual appropriations as a tutions, as that term is defined in 31 U.S.C. SMALL BUSINESSES. revolving fund to be used for the purposes of 5312(a)(2) and (c)(1)(A), to implement reason- ‘‘(a) IN GENERAL.—As a condition of receiv- the program. All amounts received by the able procedures to verify the identity of any ing an equity financing under the program, a Administrator, including any moneys, prop- person seeking to open an account, to the ex- participating investment company shall erty, or assets derived by the Administrator tent reasonable and practicable, maintain make all of the investments of such company from operations in connection with the pro- records of the information used to verify the in small business concerns, of which at least gram, shall be deposited in the fund. All ex- person’s identity, and determine whether the 50 percent shall be early-stage small busi- penses and payments, excluding administra- person appears on any lists of known or sus- nesses. tive expenses, pursuant to the operations of pected terrorists or terrorist organizations ‘‘(b) EVALUATION OF COMPLIANCE.—With re- the Administrator under the program shall provided to the financial institution by any spect to an equity financing amount com- be paid from the fund. government agency. ‘‘(b) SEX OFFENDER CERTIFICATION.— mitted to a participating investment com- ‘‘SEC. 399J. APPLICATION OF OTHER SECTIONS. ‘‘(1) PARTICIPATING INVESTMENT COMPA- pany under section 399E, the Administrator ‘‘To the extent not inconsistent with re- NIES.—Each participating investment com- shall evaluate the compliance of such com- quirements under this part, the Adminis- pany that receives an equity financing under pany with the requirements under this sec- trator may apply sections 309, 311, 312, 313, this part after the date of the enactment of tion if such company has drawn upon 50 per- and 314 to activities under this part and an this part shall certify to the Administrator cent of such commitment. officer, director, employee, agent, or other that the principals of such company have not ‘‘SEC. 399G. PRO RATA INVESTMENT SHARES. participant in a participating investment been convicted of a sex offense against a ‘‘Each investment made by a participating company shall be subject to the require- minor (as such terms are defined in section investment company under the program ments under such sections. shall be treated as comprised of capital from 111 of the Sex Offender Registration and No- ‘‘SEC. 399K. ANNUAL REPORTING. equity financings under the program accord- tification Act (42 U.S.C. 16911)). ‘‘The Administrator shall report on the ing to the ratio that capital from equity ‘‘(2) EARLY-STAGE SMALL BUSINESSES.— performance of the program in the annual financings under the program bears to all Each early-stage small business that re- performance report of the Administration. capital available to such company for invest- ceives funds from a participating investment ment. ‘‘SEC. 399L. DEFINITIONS. company that receives an equity financing ‘‘In this part, the following definitions ‘‘SEC. 399H. EQUITY FINANCING INTEREST. under this part after the date of the enact- apply: ment of this part shall certify to the Admin- ‘‘(a) EQUITY FINANCING INTEREST.— ‘‘(1) EARLY-STAGE SMALL BUSINESS.—The istrator that the principals of such business ‘‘(1) IN GENERAL.—As a condition of receiv- term ‘early-stage small business’ means a ing an equity financing under the program, a have not been convicted of a sex offense small business concern that— participating investment company shall con- against a minor (as such terms are defined in ‘‘(A) is domiciled in a State; and vey an equity financing interest to the Ad- section 111 of the Sex Offender Registration ‘‘(B) has not generated gross annual sales ministrator in accordance with paragraph and Notification Act (42 U.S.C. 16911)). revenues exceeding $15,000,000 in any of the ‘‘(c) PORNOGRAPHY CERTIFICATION.—None of (2). previous 3 years. the funds made available under this part ‘‘(2) EFFECT OF CONVEYANCE.—The equity ‘‘(2) PARTICIPATING INVESTMENT COMPANY.— may be used to pay the salary of any indi- financing interest conveyed under paragraph The term ‘participating investment com- vidual engaged in activities related to the (1) shall have all the rights and attributes of pany’ means an applicant approved under provisions of this part who has been offi- other investors attributable to their inter- section 399D to participate in the program. cially disciplined for violations of supbart G ests in the participating investment com- ‘‘(3) TARGETED INDUSTRIES.—The term ‘tar- of the Standards of Ethical Conduct for Em- pany, but shall not denote control or voting geted industries’ means any of the following ployees of the Executive Branch for viewing, rights to the Administrator. The equity fi- business sectors: downloading, or exchanging pornography, in- nancing interest shall entitle the Adminis- ‘‘(A) Agricultural technology. cluding child pornography, on a Federal Gov- trator to a pro rata portion of any distribu- ‘‘(B) Energy technology. ernment computer or while performing offi- tions made by the participating investment ‘‘(C) Environmental technology. cial Federal Government duties.’’. company equal to the percentage of capital ‘‘(D) Life science. in the participating investment company SEC. 303. REGULATIONS. ‘‘(E) Information technology. Not later than 180 days after the date of that the equity financing comprises. The Ad- ‘‘(F) Digital media. enactment of this Act, the Administrator ministrator shall receive distributions from ‘‘(G) Clean technology. shall issue regulations to carry out this title the participating investment company at the ‘‘(H) Defense technology. and the amendments made by this title. same times and in the same amounts as any ‘‘(I) Photonics technology. other investor in the company with a similar SEC. 304. PROHIBITIONS ON EARMARKS. interest. The investment company shall ‘‘SEC. 399M. APPROPRIATION. None of the funds appropriated for the pro- make allocations of income, gain, loss, de- ‘‘From funds not otherwise appropriated, gram established under part D of title III of duction, and credit to the Administrator there is hereby appropriated $1,000,000,000 to the Small Business Investment Act of 1958, with respect to the equity financing interest carry out the program. as added by this Act, may be used for a Con- as if the Administrator were an investor. ‘‘SEC. 399N. CERTIFICATION. gressional earmark as defined in clause 9(e) ‘‘(b) MANAGER PROFITS.—As a condition of ‘‘(a) IMMIGRATION CERTIFICATION.— of rule XXI of the Rules of the House of Rep- receiving an equity financing under the pro- ‘‘(1) PARTICIPATING INVESTMENT COMPA- resentatives. gram, the manager profits interest payable NIES.—Each participating investment com- TITLE l—MISCELLANEOUS to the managers of a participating invest- pany that receives an equity financing under SEC. l. BUDGETARY EFFECTS. ment company under the program shall not this part after the date of the enactment of The budgetary effects of this Act, for the exceed 20 percent of profits, exclusive of any this part must, if applicable, certify that purpose of complying with the Statutory profits that may accrue as a result of the such company is in compliance with the re- Pay-As-You-Go Act of 2010, shall be deter- capital contributions of any such managers quirements of section 103.121 of title 31, Code mined by reference to the latest statment ti- with respect to such company. Any excess of of Federal Regulations, a regulation that, at tled ‘‘Budgetary Effects of PAYGO Legisla- this amount, less taxes payable thereon, a minimum, requires financial institutions, tion’’ for this Act, submitted for printing in

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.019 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4529 the Congressional Record by the Chairman of I rise in support of the Israel-Barrow I am pleased to offer an amendment the House Budget Committee, provided that amendment. In particular, I would like with Congressman ISRAEL that I think such statement has been submitted prior to to thank the gentleman from Georgia makes this good bill just a little bit the vote on passage. (Mr. BARROW) for his leadership and his better. Our amendment simply asks The CHAIR. No amendment to that partnership on behalf of veterans. banks receiving funds under this act to amendment in the nature of a sub- This amendment is rather direct. The reach out to women, minority and vet- stitute is in order except those printed underlying bill creates a new commu- eran-owned businesses to make them in part C of the report. Each amend- nity bank lending fund for small busi- aware of the availability of these ment may be offered only in the order nesses. It is essential that as we con- funds. These businesses are a valuable printed in the report, by a Member des- tinue our recovery, we expand the but often disadvantaged part of our ignated in the report, shall be consid- amount of credit to America’s small economy, and I think they deserve our ered read, shall be debatable for the businesses so they can buy products special attention. time specified in the report, equally di- and hire people. I want to thank Congressman ISRAEL vided and controlled by the proponent Our amendment does three things. for his collaboration on this amend- and an opponent, shall not be subject One, it ensures that community banks ment and his leadership, I want to to amendment, and shall not be subject participating in the lending fund thank the chairman for his support. to a demand for division of the ques- prioritize veteran-owned businesses. Mr. ISRAEL. Mr. Chairman, we have tion. Two, it requires aggressive outreach in proven today to the American people b 1130 advertising to veteran-owned small that both sides of this aisle can agree businesses. And, third, it requires the on at least one thing, and that is sup- AMENDMENT NO. 1 OFFERED BY MR. ISRAEL Secretary of Treasury, when desig- porting veterans and supporting small The CHAIR. It is now in order to con- nating lending institutions in the fund, businesses. I am grateful for the bipar- sider amendment No. 1 printed in part to focus on veteran-owned businesses. tisan cooperation that we have re- C of House Report 111–506. Mr. Chairman, last year there were ceived on this. Mr. ISRAEL. Mr. Chairman, I have 3.6 million veteran-owned businesses in I have no further requests for time, an amendment at the desk made in the United States of America; 250,000 and I yield back the balance of my order under the rule. were owned by service-disabled vet- time. The CHAIR. The Clerk will designate erans. They fought our battles, we The CHAIR. The question is on the the amendment. amendment offered by the gentleman The text of the amendment is as fol- should fight for their businesses, and from New York (Mr. ISRAEL). lows: that is precisely what our amendment does. The question was taken; and the Amendment No. 1 offered by Mr. ISRAEL: Chair announced that the ayes ap- Page 6, insert after line 25 the following: I again want to thank the gentleman (17) VETERAN-OWNED BUSINESS.— from Georgia (Mr. BARROW) for work- peared to have it. (A) The term ‘‘veteran-owned business’’ ing with me on this amendment. It is Mr. ISRAEL. Mr. Chair, I demand a means a business— the Israel-Barrow amendment, but it recorded vote. (i) more than 50 percent of the ownership might as well be called the Barrow- The CHAIR. Pursuant to clause 6 of or control of which is held by 1 or more vet- Israel amendment as a result of the rule XVIII, further proceedings on the erans; partnership that we brought to this amendment offered by the gentleman (ii) more than 50 percent of the net profit task on behalf of small businesses and from New York will be postponed. or loss of which accrues to 1 or more vet- AMENDMENT NO. 3 OFFERED BY MR. NYE erans; and veterans. (iii) a significant percentage of senior man- Mr. Chairman, I reserve the balance The CHAIR. The Chair understands agement positions of which are held by vet- of my time. that amendment No. 2 will not be of- erans. Mr. NEUGEBAUER. Mr. Chairman, I fered. (B) For purposes of this paragraph, the rise to claim the time in opposition, al- It is now in order to consider amend- term ‘‘veteran’’ has the meaning given such though I am not opposed to the amendment No. 3 printed in part C of House term in section 101(2) of title 38, United ment. Report 111–506. States Code. The CHAIR. Without objection, the Mr. NYE. Mr. Chairman, I have an Page 18, line 6, strike ‘‘MINORITY OUT- gentleman from Texas is recognized for amendment at the desk. REACH’’ and insert the following: ‘‘OUTREACH TO MINORITIES, WOMEN, AND VETERANS’’. 5 minutes. The CHAIR. The Clerk will designate Page 18, strike lines 15–16 and insert the There was no objection. the amendment. following: Mr. NEUGEBAUER. The bill cur- The text of the amendment is as fol- tions, and individuals that— rently includes language regarding lows: (A) represent or work within or are mem- women and minority-owned business, Amendment No. 3 offered by Mr. NYE: bers of minority communities; and adding the veteran-owned busi- Page 3, line 5, strike ‘‘and’’. (B) represent or work with or are women; nesses makes sense. And so with that, Page 3, line 12, strike the period and insert and we support this amendment and we ‘‘; and’’. (C) represent or work with or are veterans. thank the gentleman for bringing it Page 3, after line 12, insert the following Page 21, line 14, insert after ‘‘minority-’’ forward. new subparagraph: the following: ‘‘, veteran-,’’. I yield back the balance of my time. (D) with respect to an eligible institution Page 25, line 10, insert after ‘‘WOMEN- for which no report exists that is described OWNED’’ the following: ‘‘, VETERAN- Mr. ISRAEL. Mr. Chairman, I yield under subparagraph (A), (B), or (C), such OWNED,’’. such time as he may consume to the other report or set of information as the Sec- Page 25, line 12, insert after ‘‘women-owned gentleman from Georgia (Mr. BARROW). retary, in consultation with the Adminis- businesses’’ the following: ‘‘, veteran-owned Mr. BARROW. Mr. Chairman, I thank trator of the Small Business Administration, businesses,’’. the gentleman for yielding. I have may prescribe. Page 25, line 14, insert after ‘‘Program’’ the spent a lot of time meeting with small Page 4, line 25, strike ‘‘and’’. following: ‘‘(including determining the per- business owners across my district be- Page 5, line 3, strike the period and insert centage of the total number of all businesses ‘‘; and’’. that receive assistance that such number cause small businesses are the back- Page 5, after line 3, insert the following represents)’’. bone of our economy and they hold the new subparagraph: Page 25, line 17, insert after ‘‘minority-’’ key to our recovery. In the last decade, (D) any small business lending company the following: ‘‘, veteran-,’’. 70 percent of all new jobs are created that has total assets of equal to or less than The CHAIR. Pursuant to House Reso- by small businesses. But many are now $10,000,000,000. lution 1436, the gentleman from New facing a credit squeeze which makes it Page 6, line 1, after ‘‘report,’’ insert the following: ‘‘where each loan comprising such York (Mr. ISRAEL) and a Member op- hard to cover everyday expenses, including hiring and remaining workers. lending is made to a small business and is posed each will control 5 minutes. one’’. The Chair recognizes the gentleman It is in the best interest of our country Page 6, after line 25 insert the following from New York. that our small businesses thrive. That new paragraphs: Mr. ISRAEL. Mr. Chairman, I yield is why the Small Business Lending (1) SMALL BUSINESS.—The term ‘‘small myself 2 minutes. Fund Act deserves our support. business’’ has the meaning given the term

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.019 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4530 CONGRESSIONAL RECORD — HOUSE June 16, 2010 ‘‘small business concern’’ under section 3 of For example, last year, with my fel- If our economic recovery is going to the Small Business Act (15 U.S.C. 632). low Virginian MARK WARNER, I pro- translate into economic expansion, we (2) SMALL BUSINESS LENDING COMPANY.—The posed the Small Business Administra- must open up the credit markets to our term ‘‘small business lending company’’ has tion take action on the ARC loan pro- small businesses who are proven job the meaning given such term under section gram, a vital loan program that had 3(r)(1) of the Small Business Act (15 U.S.C. creators and we must ensure that pro- 632(r)(1)). been delayed months until Congress grams created to provide capital to Page 12, beginning on line 19, strike ‘‘the authorized it. Because of our efforts, small businesses take the necessary amount of small business lending reported soon after the ARC loan program was measures to promote small business by the eligible institution in its call report implemented, and it is expected to cre- lending and not big business bailouts. for the last quarter in calendar year 2009 or ate or retain 24,000 jobs and assist 4,900 I urge my colleagues to support this the average amount of small business lend- businesses this year alone. amendment for our small businesses ing reported by the eligible institution in all We must continue to implement and for our economic future. call reports for calendar year 2009, whichever these types of small business programs is lower’’ and insert ‘‘the average amount of I reserve the balance of my time. that will unfreeze the small business Mr. NEUGEBAUER. Mr. Chairman, I small business lending reported by the eligi- credit markets. However, as we create ble institution in its call reports for the 4 rise to claim the time in opposition. full quarters immediately preceding the en- this program to increase lending capac- The CHAIR. The gentleman from actment of this title’’. ity to small banks, we must ensure Texas is recognized for 5 minutes. Page 17, after line 9, insert the following that it is not another bank bailout. Mr. NEUGEBAUER. Mr. Chairman, I new subparagraph: The amendment I offer today puts am opposed to this amendment because (I) INCENTIVES CONTINGENT ON AN INCREASE controls in place to guarantee the it removes some of the safeguards to IN THE NUMBER OF LOANS MADE.—For any funds in this bill are in fact going to ensure the banks use the money in the quarter during the first 41⁄2-year period fol- small businesses. First and foremost, lowing the date on which an eligible institu- way that they are supposed to and not we must define what a small business simply just building up their capital tion receives a capital investment under the is. If the Small Business Lending Fund Program, other than the first such quarter, buffers. Allowing recipients to self-cer- is created with the intention to spur in which the institution’s change in the tify that they have increased small small business lending, we must ensure amount of small business lending relative to business lending guts all of the other that the funds are in fact lent to busi- the baseline is positive, if the number of protections in this bill. loans made by the institution does not in- nesses that are properly defined as If we are going to allow recipients to crease by 2.5 percent for each 2.5 percent in- small business. In order to do this, we pay dividends as low as 1 percent, we crease of small business lending, then the should use the definition already being need to make sure that the money is rate at which dividends and interest shall be used by Federal agencies to determine used the way the legislation is in- payable during the following quarter on pre- a business’s size. ferred stock or other financial instruments Second, we want to increase lending tended. We already have less oversight issued to the Treasury by the eligible insti- volume and open up the credit markets of this money than we did in the TARP tution shall be— to every qualified small business. To do program, and even though it is the (i) 5 percent, if such quarter is within the same program, cutting back even fur- 2-year period following the date on which the this effectively, we need to link lending incentives to volume, or in other ther is the wrong approach. eligible institution receives the capital in- Already under this bill, banks are vestment under the Program; or words, to the number of loans that a (ii) 7 percent, if such quarter is after such bank makes and not just the amount of getting a good deal on the cost of cap- 2-year period. money lent. If we measure the lending ital, thanks to the taxpayers. Commu- (J) ALTERNATIVE COMPUTATION.—An eligi- of a bank merely by the amount of nity banks that issue preferred equity ble institution may choose to compute their money lent, then a bank could make a paid dividends of 9 percent or more in small business lending amount by computing few large loans and call it a day. Work- the private market, here we have the the amount of small business lending, as if government giving them the capital for the definition of such term did not require ing capital for most small businesses requires small loans, and many times 5 percent, or as low as 1 percent. that the loans comprising such lending be This amendment changes the incen- made to small business. Any eligible institu- it takes more than one. Thus, to effec- tion choosing to compute their small busi- tively measure if this program is truly tives in the wrong way, and we need ness lending in this manner shall certify supporting working capital efforts, we more safeguards for the taxpayers, not that all lending included by the institution must certify that the volume of these fewer. for purposes of computing the increase in small loans increases. Mr. Chairman, I reserve the balance lending under this paragraph was made to Third, in the same vein, a hardened of my time. small businesses. baseline with real meaning must be set Mr. NYE. Mr. Chairman, I yield the The CHAIR. Pursuant to House Reso- when measuring a bank’s lending balance of my time to Congresswoman lution 1436, the gentleman from Vir- record. Currently, the bill only re- VELA´ ZQUEZ, the chairwoman of the ginia (Mr. NYE) and a Member opposed quires a bank to increase its lending Small Business Committee. ´ each will control 5 minutes. according to its 2009 fourth quarter Ms. VELAZQUEZ. I thank the gen- The Chair recognizes the gentleman record. The fourth quarter of 2009 saw a tleman for yielding. from Virginia. historically low lending rate. Small fi- Mr. Chairman, since the financial Mr. NYE. Mr. Chairman, I yield my- nancial institutions decreased their crisis struck in 2007, much has already self such time as I may consume. small business lending by an average of been done to help banks and financial Mr. Chairman, recent reports on U.S. 12.8 percent, and small business lending institutions stay solvent. Those steps economic growth are promising and by large banks dropped by more than 20 were necessary. I firmly believe that suggest that recovery is taking hold. percent. To gather a more accurate without them, the financial crisis However, I continue to hear from small measure of small business lending, this would deepened, unemployment would business owners in my district who are amendment requires a full year’s worth have been higher, more Americans still having a tough time obtaining the of data to measure a bank’s lending re- would have suffered, and our economic business loans that they need today. port. recovery may have been delayed for They have weathered the worst of the Finally, small business lending com- many years. storm and are ready to lead our econ- panies exist only to lend to small busi- Despite these efforts, our entre- omy to a strong recovery. However, in nesses. It would be nearsighted not to preneurs are still struggling to tap into order to do this, they need capital; cap- make these institutions that already the credit they need. As we revisit this ital from loans that banks are unwill- have a strong infrastructure and prov- problem once more, it is vital that we ing to lend. en ability to lend to small businesses ensure that the benefits of this bill As chairman of the Small Business eligible in this bill. My amendment in- reach small businesses. That is the in- Subcommittee on Contracting and cludes small business lending compa- tent of this legislation. But without Technology, my subcommittee exam- nies with less than $10 billion in assets the right safeguards, this will be an- ines every day how the Federal Govern- as qualified financial institutions, other attempt that fails to address the ment can incentivize business innova- alongside community banks and small underlying problem of small business tion. credit unions. access to capital.

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.003 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4531 If this measure is not crafted prop- Mr. MINNICK. Mr. Chair, I have an to strip shopping centers, to res- erly, loans which go to large businesses amendment at the desk designated taurants, to small business, making could qualify under the program. Mr. under the rule. them more liquid by applying a Fed- Chairman, I support this amendment. The CHAIR. The Clerk will designate eral guarantee, they will be able to sell Mr. NEUGEBAUER. Mr. Chairman, I the amendment. these loans in the market. The bank just want to repeat that when we are The text of the amendment is as fol- will get cash and be able to make an- going to give a dividend, a lesser divi- lows: other commercial loan. dend rate for the more performance Amendment No. 4 offered by Mr. MINNICK: So this is a very important piece of that these banks have, letting them- Page 11, after line 3, insert the following legislation, an important component of selves certify is not a good check and new subparagraph: the Small Business Lending Act that balance. Certainly we want them to in- (F) ELECTION TO INCLUDE OTHER NONFARM, will do more, I think, than any other crease their lending, but we need third- NONRESIDENTIAL REAL ESTATE LOANS IN single thing in terms of getting our party validation to make sure that if AMOUNT OF SMALL BUSINESS LENDING.—At the time that an applicant submits an applica- banking system functioning again and they are going to get as low as a 1 per- providing credit to the entrepreneurs cent capital dividend rate, that some tion to the Secretary for a capital investment under the Program, the applicant may and small businesses across this coun- third-party validation validates that notify the Secretary that it elects to have try who will fuel the economic recov- because obviously that has impact on included in the determination of the amount ery and create the jobs that will bring this program. of its small business lending, for purposes of us out of this recession. I reserve the balance of my time. the computations made under paragraph (4), I urge my colleagues to accept this Mr. NYE. I ask unanimous consent the amount of lending reported as other non- amendment, and I reserve the balance that each side be allocated an addi- farm, nonresidential real estate loans in its tional 2 minutes. quarterly call report, but for purposes of this of my time. The CHAIR. Is there objection to the subparagraph, other nonfarm, nonresidential Mr. NEUGEBAUER. Mr. Chairman, I request of the gentleman from Vir- real estate loans shall not include a loan seek time in opposition, although I am ginia? having an original amount greater than not opposed to the amendment. There was no objection. $10,000,000. If an applicant makes the election The CHAIR. Without objection, the Mr. NYE. Mr. Chairman, I yield 2 under this subparagraph, the amount of lend- gentleman from Texas is recognized for minutes to the distinguished ranking ing reported as other nonfarm, nonresiden- 5 minutes. member of the committee, Congress- tial real estate loans shall be included in the There was no objection. determination of the amount of its small man GRAVES. Mr. NEUGEBAUER. I appreciate the business lending for purposes of the com- gentleman’s point here of trying to cre- Mr. GRAVES of Missouri. Mr. Chair- putations made under paragraph (4). man, I rise in support of the amend- ate a new source of capital in commer- The CHAIR. Pursuant to House Reso- ment offered by the gentleman from cial real estate at a time when there is Virginia. lution 1436, the gentleman from Idaho a significant amount of stress on our Under the program, the way it was (Mr. MINNICK) and a Member opposed community banks. Financing for com- reported out of the Financial Services each will control 5 minutes. mercial real estate, particularly the Committee, the bill bases its lending The Chair recognizes the gentleman smaller loan market that serves small on the size of loans, and assumes that from Idaho. businesses, has been limited. The com- loans of under $250,000 and $1 million b 1145 mercial mortgage-backed securities will be made to small businesses. How- Mr. MINNICK. Mr. Chairman, I ask market, the CMBS market, which ac- ever, there is no such assurance in the unanimous consent to modify my counted for nearly 50 percent of the bill, and loans of those sizes could be amendment. commercial real estate lending in 2007, made to large businesses, but count as The CHAIR. The Clerk will report the remains dormant. small business lending. If this is a modification. So while I continue to believe the $30 small business lending program, then it The Clerk read as follows: billion lending fund will not improve should use the definition of small busi- lending for small businesses, I do not ness used throughout the government, Amendment No. 4 offered by Mr. MINNICK, as modified: oppose the gentleman’s amendment. and that is the one in the Small Busi- Page 6, after line 9, insert the following: I yield back the balance of my time. ness Act. The approach offered by the (v) Nonowner-occupied commercial real es- Mr. MINNICK. I thank the gen- gentleman from Virginia (Mr. NYE) tate loans. tleman. does just that. It makes that sensible The CHAIR. Is there objection to the I would urge my colleagues to en- change. request of the gentleman from Idaho? dorse this amendment and ask that it The other change that the gentle- Without objection, the amendment is be added to the bill. man’s amendment does is to include modified. I yield back the balance of my time. small business lending companies. There was no objection. The CHAIR. The question is on the These institutions are not overseen by Mr. MINNICK. Mr. Chairman, I yield amendment offered by the gentleman the Federal financial regulators, but myself such time as I may consume. from Idaho (Mr. MINNICK), as modified. are authorized by the Small Business Mr. Chairman, this amendment, The amendment was agreed to. Administration to make guaranteed while short in length, is extremely im- AMENDMENT NO. 5 OFFERED BY MR. loans. If the idea of the program is to portant to the commercial banking in- PERLMUTTER increase lending to small businesses, dustry and to small business in my The CHAIR. It is now in order to con- small business lending companies State and all of the United States. sider amendment No. 5 printed in part should not be excluded from this pro- What it does is adds commercial real C of House Report 111–506. gram. estate to the category of assets that Mr. PERLMUTTER. Mr. Chairman, I For these reasons, I definitely sup- can be covered by small business loan have an amendment at the desk made port the gentleman’s amendment, and I guarantees and increases the amount in order under the rule. appreciate his offering it. The CHAIR. The Clerk will designate Mr. NEUGEBAUER. Mr. Chairman, I of those assets up to $10 million. yield back the balance of my time. This allows a category of assets that the amendment. Mr. NYE. Mr. Chairman, I yield back is now being held by small business The text of the amendment is as fol- the balance of my time. men throughout the country, a cat- lows: The CHAIR. The question is on the egory that is very large that needs to Amendment No. 5 offered by Mr. amendment offered by the gentleman be refinanced because commercial real PERLMUTTER: Add at the end of title I the following new from Virginia (Mr. NYE). estate loans are short term and banks The amendment was agreed to. simply do not have the capacity in the section: current market to finance and process SEC. 14. TEMPORARY AMORTIZATION AUTHOR- AMENDMENT NO. 4 OFFERED BY MR. MINNICK, AS ITY. MODIFIED all of the commercial loans that need (a) PURPOSE.—The purpose this section is The CHAIR. It is now in order to con- to be reprocessed over the next 3 to 5 to address the ongoing effects of the finan- sider amendment No. 4 printed in part years. By making these smaller loans cial crisis on small businesses by providing C of House Report 111–506. that our community banks have made temporary authority to amortize losses or

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.024 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4532 CONGRESSIONAL RECORD — HOUSE June 16, 2010 write-downs in order to increase the avail- providing greater availability of credit, from dozens of businesses in my com- ability of credit for small businesses. which will lead to job creation and eco- munity and the banks locally that ex- (b) IN GENERAL.—For purposes of capital nomic growth. aminers on the ground are giving the calculation under the Financial Institutions Examination Council’s Consolidated Reports We had an earthquake on Wall Street exact opposite message. of Condition, an eligible institution may about a year-and-a-half ago. Those It is essential that we do everything choose to amortize any loss or write-down, aftershocks are still being felt by small we can to increase small business lend- on a quarterly straight line basis over a pe- businesses and small banks all across ing. This amendment provides incen- riod determined under subsection (c), begin- the country. It is for that reason these tives for small business and real estate ning with the month in which such loss or banks, in an effort to help small busi- lending, exactly what south Florida write-down occurs, resulting from the appli- nesses regain their footing, deserve and other communities need to con- cation of FASB Statement 114 or 144 to— this kind of amortization and flexi- tinue on the road to recovery. The (1) other real estate owned (as defined under section 34.81 of title 12, Code of Fed- bility with respect to their loan port- amendment provides a solution to a eral Regulation), or folios. They did not cause the trouble critical problem, and I am proud to (2) an impared loan secured by real estate, that they now find themselves in, and have worked with community banks, provided that the institution discloses the we believe that amortization is appro- our Realtors and real estate commu- difference in the amount of the institution’s priate. nity on this issue. capital, when calculated taking into account Mr. Chair, I reserve the balance of I urge my colleagues to support this the temporary amortization, from the my time. amendment. amount of the institution’s capital when cal- Mr. NEUGEBAUER. Mr. Chair, I am Mr. PERLMUTTER. At this point, I culated without taking into account the opposed to the amendment. would also say to my friend from temporary amortization on the Financial In- The CHAIR. The gentleman from Texas, the amendment takes place im- stitutions Examination Council’s Consoli- Texas is recognized for 5 minutes. dated Reports of Condition. mediately, not after 2 years. (c) AMORTIZATION REQUIREMENTS.—During Mr. NEUGEBAUER. Certainly I am I yield 1 minute to my colleague from the initial 2-year period referred to in sec- sympathetic to the many community Colorado (Mr. COFFMAN). tion 4(d)(4), an eligible institution’s amorti- banks coping with real estate assets on Mr. COFFMAN of Colorado. I thank zation period shall be adjusted to reflect the their books that have lost their value; the gentleman from Colorado for yield- following schedule based on the institution’s however, I am not sure this amend- ing. change in the amount of small business lend- ment is the best solution. Mr. Chair, I rise today in strong sup- ing relative to the baseline: This amendment would essentially port of this amendment to House Reso- (1) If the amount of small business lending has increased by less than 2.5 percent, the allow certain banks to hide losses for lution 5297, the Small Business Lending amortization period shall be 6 years. up to 10 years. The practice of legisla- Fund Act of 2010. The amendment of- (2) If the amount of small business lending tive forbearance is a dangerous one and fered by my friend from Colorado, Rep- has increased by 2.5 percent or greater, but could result in problems that only get resentative PERLMUTTER, would do a by less than 5.0 percent, the amortization pe- worse because they are not properly great deal to increase the availability riod shall be 7 years. addressed. Accounting rules function of loans to our Nation’s small busi- (3) If the amount of small business lending to provide a clear record of the health nesses. Small businesses are the engine has increased by 5.0 percent or greater, but of the institution. This amendment that drives our economy. by less than 7.5 percent, the amortization pe- This amendment will allow Colorado riod shall be 8 years. does just the opposite by hiding the (4) If the amount of small business lending losses. banks to amortize, or write down, com- has increased by 7.5 percent or greater, but The amortization provided by this mercial real estate loan losses over a by less than 10.0 percent, the amortization amendment does not take effect for 2 period of time to ensure an adequate period shall be 9 years. years, when the increase in small busi- amount of capital for continued lend- (5) If the amount of small business lending ness lending is measured; thus, it ing. The amendment encourages con- has increased by 10 percent or greater, the doesn’t really address the current cred- tinued lending to small businesses by amortization period shall be 10 years. it problems that this bill attempts to establishing a graduated scale with a (d) MINIMUM UNDERWRITING STANDARDS.— The appropriate Federal banking agency for solve. This amendment creates the maximum 10-year period of amortiza- an eligible institution that chooses to amor- wrong incentive of allowing banks to tion for increased small business lend- tize any loss or write-down as permitted hide losses for longer periods of time ing of 10 percent or more. under subsection (b) shall, within 60 days of based on making even more loans. In- Enacting commonsense measures the date of the enactment of this title, issue stead of continuing to distort the mar- such as this will do a great deal to help regulations defining minimum underwriting ket, the government should instead small businesses, while also protecting standards that must be used for loans made create an expansionary environment many community banks from the vola- by the eligible institution. where we are lowering taxes and pro- tility that currently surrounds their (e) EFFECTIVE DATE.—The provisions of this section shall apply to loan origination viding regulatory certainty and not commercial real estate portfolio. that occurred on or after January 1, 2003, and hiding accounting losses. I have run a small business, and ac- before January 1, 2008. I urge opposition to this amendment. cess to capital was always a pressing The CHAIR. Pursuant to House Reso- I yield back the balance of my time. concern. I am glad that Congress is ad- lution 1436, the gentleman from Colo- Mr. PERLMUTTER. Mr. Chairman, I dressing this important issue. rado (Mr. PERLMUTTER) and a Member would say the amendment provides I urge my colleagues to vote in favor opposed each will control 5 minutes. that if there is a $250,000 loss, it is of this amendment. The Chair recognizes the gentleman booked and it is open, but then is Mr. PERLMUTTER. I yield 1 minute from Colorado. spread out for 6 up to 10 years. It’s eas- to my friend from Wisconsin (Mr. Mr. PERLMUTTER. Mr. Chairman, I ily transparent and open. KAGEN). yield myself such time as I might con- I yield 1 minute to my friend from Mr. KAGEN. I rise in strong support sume. Florida (Mr. KLEIN). of the Perlmutter, Gutierrez, Klein, Mr. Chairman, the amendment I offer Mr. KLEIN of Florida. I thank the and Kagen amendment. Why? It’s ex- with my colleagues today would in- gentleman from Colorado. All of us actly the medicine we need in our crease the availability of capital for share a common goal: We are com- economy right now. Small businesses small businesses. It temporarily allows mitted to an economic recovery. We in Wisconsin, small businesses in Colo- banks to amortize real estate losses also agree that small business lending rado and across the country are look- over 6 years. In addition, smaller com- is critical to achieving that recovery. ing for access to credit at a price they munity banks would be incentivized to Small businesses in my district in can afford to pay. And right now our increase small business lending south Florida and around the country community banks are unable to lend, through an extended amortization pe- are struggling to get access to credit so not because of their own activity, but riod of up to 10 years. they can grow their businesses and cre- because of the bad judgment of big The impact of this amendment deals ate jobs. Even though bank regulators banks on Wall Street. with regional and small banks. It will at the top are telling banks to lend, I Main Street community banks and be immediate and is a necessary step in have heard over and over again directly Main Street small businesses should

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.008 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4533 not have to continue to pay for the The Chair recognizes the gentleman their cash than to justify every penny mistakes of Wall Street. The from Georgia. that they lend to the regulators, pos- Perlmutter amendment would allow Mr. PRICE of Georgia. Madam Chair, sibly risking their capitalized standing. community banks under $10 billion of I want to thank the chairman of the Banks cannot hold capital for regu- assets to amortize potential losses over committee and the ranking member for latory compliance and comply with 6 years and up to 10 years if they in- working with me on this amendment. regulators’ instructions to lend at the crease their lending to small busi- And although, as they know, I am op- same time. They’re mutually exclu- nesses. posed to the underlying bill, this sive. My amendment states that these We get it. We understand that small amendment is extremely important to mixed messages sent by the regulators businesses are the economic engines of highlight the serious problem of mixed are a very serious problem and a cause this country. It’s time to give small messages that financial regulators are of the contraction in small business businesses the opportunity to grow our sending to our community banks. And lending and are destructive to commu- economy and the jobs we need to work I appreciate the support of the chair- nities. our way back into prosperity. man on this amendment. In order to highlight this, I urge I would urge a strong ‘‘yes’’ vote on Banks in Georgia employ almost adoption of the amendment. I reserve the balance of my time. this amendment. 50,000 people and hold $276 billion in as- Mr. PERLMUTTER. Mr. Chairman, Ms. BEAN. I claim time in opposi- sets. Most of these banks are commu- tion, even though I’m not opposed. how much time do I have left? nity institutions, which were mere by- The CHAIR. The gentleman has 1 The Acting CHAIR. Without objec- standers to the financial and liquidity tion, the gentlewoman from Illinois is minute remaining. crisis of the last 2 years. Mr. PERLMUTTER. Thank you. recognized for 5 minutes. The point here is smaller banks, re- b 1200 There was no objection. Ms. BEAN. I yield myself such time gional banks, unlike banks on Wall Late last week, the Treasury Depart- Street, did not create the credit and as I may consume. ment reported that TARP will cost less I want to acknowledge Congressman lending mess that exists today. Small than they originally estimated. In fact, PRICE’s amendment and its recognition businesses didn’t create the mess that Treasury expects to spend less than the of the challenges facing not only com- we see. And it is small business that $550 billion of the $700 billion author- munity businesses seeking loans but employs so many people, and we have ized. Regrettably, this figure does not the community bankers that are trying got to get folks back to work. factor in the bailouts for Fannie Mae, to provide them. His amendment recog- So the amendment allows for a bank Freddie Mac, and AIG. nizes mixed messages between legisla- to take a loss and then spread it over a But even so, this is a revolving tax- tors urging more lending while regu- period of time so that they can weather payer bailout fund, meaning that there lators and examiners are often urging this storm until we get back to a good is $550 billion that the administration less, particularly in the area of com- financial footing in this country. It is and leadership could put towards small mercial real estate. That’s why I have something that is necessary. It will as- business lending. However, the admin- a bill that addresses both priorities by sist with the availability of credit istration chose not to do this and, in- expanding the SBA 504 program to today and doesn’t cost the taxpayer stead, wants Congress to appropriate allow banks to lend to small businesses any money. another $33 billion of taxpayer money. for owner-occupied properties, while Something like this was used in the That’s right, another $33 billion. easing the exposure on their bank’s 1980s to assist the agricultural banks, Certainly, small business lending is a balance sheet with investments from and it worked at that time. It will priority for banks and businesses. How- the CDCs. work today. ever, this bill doesn’t address the un- I also want to acknowledge that this I urge an ‘‘aye’’ vote on amendment derlying causes of contraction in lend- amendment recognizes the credit crisis No. 5, and I yield back the balance of ing but invests much more in a failed that’s challenging our country and our my time. regulatory agency. small businesses particularly, which is The Acting CHAIR (Ms. NORTON). The Unfortunately, the mixed messages the point of this underlying bill. And I question is on the amendment offered being sent by failed bank regulators hope my colleague will support the un- by the gentleman from Colorado (Mr. will not be fixed. Instead of making the derlying bill as it addresses those cred- PERLMUTTER). it challenges. The amendment was agreed to. FDIC and the other regulators send a clear, consistent message to our Na- I yield back the balance of my time. AMENDMENT NO. 6 OFFERED BY MR. PRICE OF tion’s banks, this Congress feels that Mr. PRICE of Georgia. I thank the GEORGIA throwing more money at the problem gentlelady for her support of the The Acting CHAIR. It is now in order amendment and would just point out, to consider amendment No. 6 printed in will fix it. In February, bank regulators, both once again, the mixed messages that part C of House Report 111–506. are being received by our community Mr. PRICE of Georgia. Madam Chair, State and Federal, issued a joint statement providing guidance to banks and banks. I have an amendment at the desk made I would also like to point out that in order under the rule. to credit unions, encouraging them to make loans to credit-worthy small the amount of money left available in The Acting CHAIR. The Clerk will TARP right now could easily cover the business borrowers. The regulators de- designate the amendment. intent of this bill. However, this bill scribed the guidance as intended to The text of the amendment is as fol- has in it an extra $33 billion, $33 bil- ‘‘emphasize that financial institutions lows: lion, Madam Chair, that, frankly, we engaging in prudent small business Amendment No. 6 offered by Mr. PRICE of do not have as a Nation. We put it on lending after performing a comprehen- Georgia: backs of our kids and grandkids and Page 26, after line 7, insert the following sive review of a borrower’s financial borrow it from some other nation when new section: condition will not be subject to super- we could be utilizing money that has SEC. 14. SENSE OF CONGRESS. visory criticism for small business already been appropriated for the same It is the sense of Congress that the Federal loans made on that basis.’’ positive purpose. Deposit Insurance Corporation and other However, reports from the field show bank regulators are sending mixed messages I urge adoption of the amendment. to banks regarding regulatory capital re- a much different picture. I hear from I yield back the balance of my time. quirements and lending standards, which is a bankers in my district and across our The Acting CHAIR. The question is contributing cause of decreased small busi- State that there is capital to lend. on the amendment offered by the gen- ness lending and increased regulatory uncer- However, I also hear from those same tleman from Georgia (Mr. PRICE). tainty at community banks. banks that they’re nervous and anxious The amendment was agreed to. The Acting CHAIR. Pursuant to about the unpredictable regulators’ re- AMENDMENT NO. 7 OFFERED BY MR. AL GREEN House Resolution 1436, the gentleman sponse and scrutiny of their regulatory OF TEXAS from Georgia (Mr. PRICE) and a Mem- capital ratios and loan requirements. The Acting CHAIR. It is now in order ber opposed each will control 5 min- For many banks, it’s easier and better to consider amendment No. 7 printed in utes. just to ride out the storm by hoarding part C of House Report 111–506.

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.032 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4534 CONGRESSIONAL RECORD — HOUSE June 16, 2010 Mr. AL GREEN of Texas. Madam discrimination to infiltrate the pro- With that, I reserve the balance of Chair, I have an amendment at the gram. my time. desk. I think this is an amendment that Mr. AL GREEN of Texas. Let me sim- The Acting CHAIR. The Clerk will goes a long way toward helping us im- ply say in response that the bill antici- designate the amendment. prove our transparency and account- pates that loans will be repaid. It’s not The text of the amendment is as fol- ability. It is not a perfect amendment, a circumstance where persons are lows: but it is a perfecting amendment. going to receive or businesses will re- Amendment No. 7 offered by Mr. AL GREEN I reserve the balance of my time. ceive loans that are not going to be of Texas: Mr. NEUGEBAUER. Madam Chair, I paid. And the bill causes banks or lend- Page 19, after line 4, insert the following claim time in opposition, although I ing institutions to make the loans be- new subsection: don’t think I’m going to oppose the cause they will receive a better inter- (e) NOTIFICATION TO CUSTOMERS.—Any eli- amendment. est rate upon making loans such that gible institution receiving funds under the The Acting CHAIR. Without objec- they are incentivized to make these Program shall— tion, the gentleman from Texas is rec- loans. (1) disclose on every applicable loan trans- ognized for 5 minutes. So, while the bill will not cure all of action that the loan is being made possible There was no objection. by the Program; and the ails of society, all of the ills that Mr. NEUGEBAUER. I just wanted to we have, it certainly will go a long way (2) if such institution has an established clarify something that the gentleman internet website, such institution shall make towards stimulating small business available on its internet website— said. lending, which is important to the eco- (A) the written reports made by the Sec- I understand that the bank will dis- nomic recovery. retary pursuant to paragraphs (1) and (2) of close to the borrower that they are I believe in this bill. I believe that section 7; and loaning them funds because they are this amendment will help with trans- (B) a statement that the institution, as a participating under this program, and parency and accountability. And I also participant in the Program, is seeking to then the gentleman went on to say believe that it is time for us to do all make small business loans to qualified bor- that the Treasury would then post a re- rowers and may not discriminate on the that we can to help the small busi- port on their Web site. Now, would that nesses in this country. I believe that basis of any factor prohibited under the list the names of the borrowers? Will Equal Credit Opportunity Act, including the this is something we can do, and I be- race, color, religion, national origin, sex, the Treasury report list on their Web lieve that it is the something that will marital status, or age. site the names of each borrower that make a difference. borrowed money under this program? I reserve the balance of my time. The Acting CHAIR. Pursuant to Mr. AL GREEN of Texas. If the gen- House Resolution 1436, the gentleman Mr. NEUGEBAUER. I appreciate the tleman would yield to me? gentleman. from Texas (Mr. AL GREEN) and a Mem- Mr. NEUGEBAUER. I yield. I still go back to the point, and I ber opposed each will control 5 min- Mr. AL GREEN of Texas. It will indi- think that’s where we get kind of in a, utes. cate what transactions took place, and we’re living in Wally World here in The Chair recognizes the gentleman it will indicate who the banks, the Washington, D.C., where you still have from Texas. lending institutions, that engaged in to have $33 billion. If you’re going to go Mr. AL GREEN of Texas. I yield my- the transaction. The borrower’s name invest in the preferred shares of these self 3 minutes at this time. would not be a part of the information. banks, you’ve still got to find the $33 Madam Chair, this is an important Mr. NEUGEBAUER. I thank the gen- billion. And the truth of the matter is amendment. This amendment will not tleman because I was concerned about for every dollar we’re going to appro- be a perfect amendment with ref- the privacy of those business owners, priate or allocate in this country this erences to what it seeks to do, but it is you know, letting the world know how year, we’re going to have to borrow 42 a perfecting amendment. This amend- much money they’re borrowing. So I’m cents of it. ment seeks to provide disclosure and not opposed to the gentleman’s amend- So I guess the question is, should we enhance accountability, and I’d like to ment. I think disclosure is a good go out and hock another $33 billion for make it known that this amendment thing. a program that many people think that received a lot of help and input from I just want to make a point that there’s adequate capital and liquidity the Office of Congressman HENSARLING, there have been several discussions up already in the banking industry? Some and I thank him for what he has done. here today that this is not going to people have been quoted as saying, This amendment would provide that cost the taxpayers any money, and well, 42 percent of the small businesses an institution engaged in the lending only in Washington, D.C., can you go have been turned down for loans in this process with the funds from the pro- spend $33 billion and say it’s not going country. Well, you know, I was in the gram, that this institution will on ap- to cost anything. The problem is, if loan business, and everybody that plicable loan documents indicate that this program is participated up to $33 came in to my borrow money from me the funds being loaned are funds that billion, we don’t have $33 billion, and when I was a loan officer wasn’t credit- are coming from the fund. This is im- so we’re going to go have to borrow $33 worthy or it wasn’t in their best inter- portant because the public desires to billion from the Chinese to loan banks est to leverage their business further. know where the money is going, how it to loan to small businesses in this So I’m afraid that we’re out here try- is being utilized. country. ing to encourage behavior that the This amendment would also require, And a lot of folks I think understand marketplace may be already taking if the institution has a Web site, it will that kind of how we got here was that care of. require that that Web site contain the the whole world, small businesses, indi- My good friend from Georgia did written reports of the Treasury Sec- viduals, and governments, have been on make a point that the regulatory folks retary. These reports would indicate, this borrowing and spending binge, bor- are sending mixed messages. I think to the extent that loans have been row and spend, borrow and spend, and that’s a bad policy. I think the regu- made, how the money has been uti- quite honestly, that’s how we wove this lators need to be more consistent with lized, and this, again, would provide ad- web where we’ve got our financial mar- their policy, again bringing that cer- ditional transparency which will lead kets in somewhat of a wrinkle right tainty because what we’ve heard time to accountability. now. and time again, whether it’s from the Finally, the amendment will require So, while I applaud the gentleman’s business community or from the lend- lending institutions to make known to amendment, I still go back to the fun- ing community, all of this uncertainty the capable, competent, and qualified damental point here that, one, this bill about what Congress is doing and the borrowers that they will have the op- will not help small businesses have any regulatory reforms that are going on, portunity to participate in the pro- additional capital, but more impor- all of this is creating a huge amount of gram by way of receiving loans and tantly, we are going to go spend $33 bil- uncertainty. And so what happens that these loans must be based upon lion that we don’t have, and I don’t when we have uncertainty in the mar- the law as it is written and not allow think that’s the right prescription for ketplace, people just sit on the side- any type of discrimination, invidious our country. lines.

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.036 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4535 If you want to get businesses going Page 23, after line 9, insert the following sas will establish the Office of Small again, if you want to get the economy new subsection: Business Lending Fund Oversight going again, we’ve got to get the gov- (b) OFFICE OF SMALL BUSINESS LENDING under the authority of the Treasury In- FUND PROGRAM OVERSIGHT.— ernment out of the banking business. (1) ESTABLISHMENT.—There is hereby estab- spector General. The Special Deputy We’ve got to get the government out of lished within the Office of the Inspector Gen- Inspector General of the oversight of- all these huge regulations. We’ve got to eral of the Department of the Treasury a fice will be required to monitor the bring economic certainty by not impos- new office to be named the ‘‘Office of Small Small Business Loan Fund and to re- ing more restrictions on companies on Business Lending Fund Program Oversight’’ port to Congress at least twice a year their health care; cap-and-trade affect- to provide oversight of the Program. with recommendations for improving ing what they’re potentially going to (2) LEADERSHIP.—The Inspector General the program. shall appoint a Special Deputy Inspector This amendment is about good gov- pay for energy in the future; uncer- General for SBLF Program Oversight to lead tainty with our tax code, where we the Office, with commensurate staff, who ernment. It places no additional bur- don’t know what provisions are going shall report directly to the Inspector General dens on banks or small businesses. In- to expire, what provisions aren’t. and who shall be responsible for the perform- stead, it makes a good bill better by And you know, wouldn’t it be nice for ance of all auditing and investigative activi- ensuring accountability and trans- the American people to get to see a ties relating to the Program. parency to the American people. budget of how Congress is planning to (3) REPORTING.— We’ve seen what happens when gov- spend their money, instead of going (A) IN GENERAL.—The Inspector General ernment fails to provide adequate pro- shall issue a report no less than two times a tections when special interests are put through a daily, monthly, weekly exer- year to the Congress and the Secretary de- cise of spending money without a budg- voted to the oversight provided by the Office, ahead of the public good. Now we’re et? The American people don’t do their including any recommendations for improve- taking steps to make up for the years business that way. They’re a little bit ments to the Program. of lax oversight and neglected responsi- concerned that the United States Con- (B) RECOMMENDATIONS.—With respect to bility. gress just keeps on spending money but any deficiencies identified in a report under Make no mistake, this bill is about without a budget. subparagraph (A), the Secretary shall ei- creating jobs. Small business owners So, with that, I yield back the bal- ther— tell me constantly that they could (i) take actions to address such defi- begin hiring again if only they had ac- ance of my time. ciencies; or Mr. AL GREEN of Texas. I yield my- (ii) certify to the appropriate committees cess to credit and capital. This legisla- self such time as I may consume. of Congress that no action is necessary or tion will encourage banks to lend to While I appreciate the gentleman appropriate. small businesses, and my amendment from Texas’ desire to make sure that (4) COORDINATION.—The Inspector General, will help protect taxpayers in the proc- budgets are balanced and to make sure in maximizing the effectiveness of the Office, ess. that we have accountability and trans- shall work with other Offices of Inspector This bill will strengthen our eco- parency, I do have to remind the gen- General, as appropriate, to minimize dupli- nomic recovery without adding a dime cation of effort and ensure comprehensive tleman that the desire and the need to to the deficit. I encourage my col- oversight of the Program. leagues to support this amendment as balance the budget did not start this (5) TERMINATION.—The Office shall termi- year, nor did it start last year. We nate at the end of the 6-month period begin- well as the underlying legislation. should have had a balanced budget for ning on the date on which all capital invest- Madam Chair, I reserve the balance the 8 years of the prior administration. ments are repaid under the Program or the of my time. date on which the Secretary determines that Mr. NEUGEBAUER. Madam Chair, I b 1215 any remaining capital investments will not rise to claim time in opposition to the I think that you find this administra- be repaid. bill. tion burdened with the problems that (6) DEFINITIONS.—For purposes of this sub- The Acting CHAIR. The gentleman were created by the past administra- section: from Texas is recognized for 5 minutes. (A) OFFICE.—The term ‘‘Office’’ means the Mr. NEUGEBAUER. This new capital tion. I believe that in an effort to cor- Office of Small Business Lending Fund Pro- rect these problems, we will have to gram Oversight established under paragraph injection program is designed to oper- take some necessary steps toward help- (1). ate exactly like the TARP program but ing small business. (B) INSPECTOR GENERAL.—The term ‘‘In- without any of the taxpayer protection I hear my colleagues on the other spector General’’ means the Inspector Gen- or oversight bodies. Now, this amend- side quite regularly contending that eral of the Department of the Treasury. ment is intended to substitute for put- small businesses need help. This is Page 23, line 10, strike ‘‘(b)’’ and insert ting the experience of the Inspector ‘‘(c)’’. help, and my trust and my hope and General for this type of program in my belief is that the small business The Acting CHAIR. Pursuant to charge of this new fund. help will be supported by not only this House Resolution 1436, the gentleman Republicans had an amendment that side of the aisle, but by both sides of from Ohio (Mr. DRIEHAUS) and a Mem- put the Special Inspector General for ber opposed each will control 5 min- the aisle. TARP, or SIGTARP, in charge of the utes. oversight of this new fund, but the Madam Chair, I yield back the bal- The Chair recognizes the gentleman ance of my time. Rules Committee blocked it. Really, from Ohio. this creates a new regulator where we The Acting CHAIR. The question is Mr. DRIEHAUS. Madam Chair, I had an existing regulator in place for on the amendment offered by the gen- yield myself such time as I may con- TARP-like programs, which this is, and tleman from Texas (Mr. AL GREEN). sume. The amendment was agreed to. Madam Chair, we know that small we think that that was a better alter- AMENDMENT NO. 8 OFFERED BY MR. DRIEHAUS businesses account for the majority of native. And now we want to put some- The Acting CHAIR. It is now in order new jobs created in this country, and one that doesn’t have as much experi- to consider amendment No. 8 printed in we know that making it easier for ence with this type of program in part C of House Report 111–506. small businesses to borrow is essential charge of oversight, and we just don’t Mr. DRIEHAUS. Madam Chair, I have to our continued economic recovery. think that’s in the best interest of the an amendment at the desk. This legislation will help small busi- taxpayers. The Acting CHAIR. The Clerk will nesses access the credit they need to Republicans, as I want to remind the designate the amendment. create the jobs that will move our chairman, offered a number of amend- The text of the amendment is as fol- economy forward, but we need to pro- ments that would have given the tax- lows: vide strong oversight to ensure that payers much more protection even these loans are being put to use where than this amendment would. Unfortu- Amendment No. 8 offered by Mr. DRIEHAUS: nately, again—and I don’t want to be Page 23, strike lines 7 through 9 and insert they are most effective and put to use the following: ‘‘of the Program through the in a way that is responsible to the redundant here, but the Rules Com- Office of Small Business Lending Fund Pro- American taxpayer. mittee, which is controlled by the ma- gram Oversight established under subsection The amendment I have offered with jority, only allowed one Republican (b)’’. my colleagues from Virginia and Kan- amendment to be heard while we’ve

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.038 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4536 CONGRESSIONAL RECORD — HOUSE June 16, 2010 had 16 amendments from the majority. gram’s poor performance in improving We’re going out and borrowing that Again, we wondered why Republican credit access, any capital infusion for money because the Treasury doesn’t amendments to provide better protec- the program can essentially jump-start have $33 billion. tion and better oversight were blocked small business lending. So everybody Mr. DRIEHAUS. Madam Chair, the by the majority when I think the but the Democrats understands that political framework of the Republicans American people think that any kind this is a TARP program. is that they want to call everything a of amendment that would have pro- Now, why did we want SIGTARP to bailout. And when it’s not a bailout, vided them more opportunity, more have oversight? Because this is a they want to act like it is. They want protection, and more oversight would TARP-like program. And just today it to call this TARP even when it’s not. have been in their best interest. was released that SIGTARP helped So this doesn’t fit into the definition We don’t think that this amendment bring a new lawsuit today for $1.9 bil- that they want to use out there on Fox does the job that it needs to do, and lion in fraud collection with the failure News and elsewhere, but the fact of the therefore we’re opposed to it. of Colonial Bank. Colonial Bank re- matter is it’s coming out of Treasury. Madam Chair, I reserve the balance ceived $553 million in TARP funds. To Treasury deserves the oversight. of my time. say that you’re going to go out and put Madam Chair, I yield 11⁄2 minutes to Mr. DRIEHAUS. Madam Chair, I $33 billion into the marketplace and the gentleman from Virginia (Mr. would just comment on the gentle- not suffer any losses at a time when we CONNOLLY). man’s comments. have over 100 banks that have already Mr. CONNOLLY of Virginia. I thank Yes, those amendments were offered, missed one dividend payment—we’ve my colleague from Ohio for his leader- but as you know, not a dime of TARP had one bank that has missed six divi- ship and my friend from Illinois for her money is being used in this bill, so it’s dend payments—and that several bil- kind words. not appropriate for SIGTARP to have lion dollars have already been lost The Small Business Lending Fund the oversight. In fact, Mr. Thorson, from some of these banks that were de- Act will expand opportunities for small who will have the oversight, has in- faulted and were closed after the tax- businesses to access critically needed credible experience overseeing small payers had put money in there. capital today. Our amendment ensures business programs. Before becoming And I go back to you saying, well, it that the program works as intended, the Inspector General of the Treasury doesn’t cost the taxpayers any money. that America’s small businesses re- Department, Mr. Thorson served as the I keep asking the majority, where is ceive access to that capital and that Inspector General for the Small Busi- the $33 billion for this program coming taxpayers’ loans are repaid. ness Administration from 2006 to 2008. from? The lending facility encourages small In that short time, his office uncovered I yield to the gentleman. business loans to credit-worthy compa- what is believed to be the largest gov- Mr. DRIEHAUS. Well, I appreciate nies, with the repaid funds and interest ernment-backed loan fraud scheme in your yielding because I would like to payments all going to reduce the def- history, roughly $75 million. As a re- rebut your first point about the TARP. icit that our friends on the other side sult of that investigation, they ar- Mr. NEUGEBAUER. No. I would like say they’re concerned about. rested 15 people in one day. That’s the gentleman to answer the ques- Small businesses will lead private oversight. tion—— sector job growth if they can obtain And so while the gentleman is asking Mr. DRIEHAUS. There is not a dime the necessary capital. The Office of for SIGTARP to have oversight, de- of TARP money going into this bill. Small Business Lending Fund Program spite the fact that not a dime of TARP You are undermining the authority—or Oversight established by our amend- is being spent on this bill, we have attempting to undermine the authority ment will provide accountability and oversight that is adequate, that is of the Inspector General of Treasury. enhance the effectiveness of the lend- strong, that is contained in Treasury, Mr. NEUGEBAUER. I will reclaim ing fund, helping to spur a more robust that should have the oversight within my time if the gentleman is not going small business sector. this bill. to answer my question. The question to The current Treasury IG has a rep- Madam Chair, I yield 30 seconds to the gentleman was, Where is the $33 utation for safeguarding taxpayer my colleague from Illinois (Ms. BEAN). billion coming from? If the gentleman funds, as my friend from Ohio said. A Ms. BEAN. I just want to applaud wants to answer that question, I would review of the Office of Thrift Super- Congressmen DRIEHAUS, CONNOLLY, and love to yield him time. If he’s not pre- vision uncovered six cases where it im- MOORE’s efforts to improve the over- pared to tell me where the $33 billion is properly allowed private thrifts to sight of the SBLF program. This coming from, then I would not yield backdate capital deposits, allowing in- amendment importantly expands over- the gentleman time. stitutions like failed IndyMac to ap- sight to ensure taxpayer dollars are Mr. DRIEHAUS. As the gentleman pear more solvent than they were. This protected. I urge my colleagues to knows, we disposed of that issue yes- amendment will correct that problem adopt the amendment. terday and we paid for it. moving forward in the future. I urge its I would further rebut our colleague Mr. NEUGEBAUER. No. The pay-for adoption. from Texas’ inaccurate assertion that was to cover any potential losses, sup- The Acting CHAIR. The gentleman the program is not paid for. The gen- posedly. But where is the $33 billion from Ohio has 15 seconds remaining. tleman knows full well that it is fully that you’re going to invest in these Mr. DRIEHAUS. Madam Chair, I just paid for and that, according to the banks coming from? want to remind the Members this CBO, the government will earn a profit. Mr. DRIEHAUS. With all due respect amendment is about oversight; it’s Mr. NEUGEBAUER. I concede to the to the gentleman, I know that this about doing our job to make govern- gentleman that none of this money is doesn’t fit into the political framework ment work properly. And while I real- coming from the TARP program; it of the Republicans to suggest that this ize it doesn’t always fit into the polit- probably should have because it’s a is not TARP, this is not another bail- ical rhetoric of the other side, it is TARP program. I want to just remind out, this is about helping small busi- about good government. This isn’t the gentleman that Neil Barofsky, the nesses. TARP; this isn’t a bailout. This is Special Inspector General who oversees Mr. NEUGEBAUER. I will reclaim about helping small businesses, moving TARP, said, In terms of its basic de- my time because the gentleman obvi- the economy forward, and good govern- sign, its participants, its application ously doesn’t know where the $33 bil- ment. process, from an oversight perspective lion is coming from, which is part of The Acting CHAIR. The question is the Small Business Lending Fund the problem up here. People just think on the amendment offered by the gen- would essentially be an extension of this money appears when you start tleman from Ohio (Mr. DRIEHAUS). TARP’s capital purchase program. saying I’m going to put $33 billion here The amendment was agreed to. From Elizabeth Warren, the SBLF’s or $100 billion here, $250 billion here; AMENDMENT NO. 11 OFFERED BY MR. MICHAUD prospects are far from certain. The and nobody knows where the money is The Acting CHAIR. The Chair under- SBLF also raises the question whether, coming from. But the bottom line is we stands that amendment Nos. 9 and 10 in light of the capital purchase pro- know where the money is coming from. will not be offered.

VerDate Mar 15 2010 02:38 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.041 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4537 It is now in order to consider amend- Amendment No. 12 offered by Mr. CAO: These provide only temporary relief, ment No. 11 printed in part C of House In section 6(6) of the bill, strike ‘‘and’’ at however, and a long-term solution for Report 111–506. the end. economic assistance to the gulf region In section 6(7) of the bill, strike the period Mr. MICHAUD. Madam Chair, I have at the end and insert ‘‘; and’’. is what is needed now because the last an amendment at the desk made in In section 6 of the bill, add at the end the thing we need is more unemployment. order under the rule. following: Without immediate economic assist- The Acting CHAIR. The Clerk will (8) providing funding to eligible institu- ance, the very businesses that in 2005 designate the amendment. tions that serve small businesses directly af- returned to the Orleans and Jefferson The text of the amendment is as fol- fected by the discharge of oil arising from Parishes, committed to our recovery, lows: the explosion on and sinking of the mobile will be forced to leave. offshore drilling unit Deepwater Horizon and Amendment No. 11 offered by Mr. MICHAUD: small businesses in communities that have This amendment is a strong step in Page 30, line 14, after ‘‘programs,’’ insert suffered negative economic effects as a re- the right direction to providing des- the following: ‘‘State-run venture capital sult of that discharge with particular consid- perately needed economic assistance, fund programs,’’. because it will see that small busi- Page 51, line 3, strike ‘‘extends credit sup- eration to States along the coast of the Gulf port that’’ and insert ‘‘uses Federal funds al- of Mexico. nesses along the gulf coast receive the located under this title to extend credit sup- The Acting CHAIR. Pursuant to credit necessary to keep our businesses port that’’. House Resolution 1436, the gentleman alive. At the same time, it will spur The Acting CHAIR. Pursuant to from Louisiana (Mr. CAO) and a Mem- new business which will be able to ab- House Resolution 1436, the gentleman ber opposed each will control 5 min- sorb any unavoidable and unfortunate from Maine (Mr. MICHAUD) and a Mem- utes. job losses caused by the oil spill. ber opposed each will control 5 min- The Chair recognizes the gentleman Again, I urge my colleagues to pass utes. from Louisiana. this amendment, and I yield back the The Chair recognizes the gentleman Mr. CAO. I yield myself such time as balance of my time. from Maine. I may consume. Ms. JACKSON LEE of Texas. I rise to Madam Chair, I rise today in support claim time in opposition, but I will not b 1230 of amendment No. 12 to H.R. 5297, the oppose the amendment. Mr. MICHAUD. I yield myself such Small Business Lending Fund Act of The Acting CHAIR. Without objec- time as I may consume. 2010, and I urge my colleagues to sup- tion, the gentlewoman from Texas is Madam Chair, I rise today in support port this amendment. recognized for 5 minutes. of my amendment to the Small Busi- This amendment requires the Sec- There was no objection. ness Lending Fund Act. retary of the Treasury to provide con- Ms. JACKSON LEE of Texas. Madam The amendment I offer today does sideration, in the allocation of funds, Chair, I am delighted to have Mr. CAO two things to improve the underlying to gulf region States in the areas where join me in my amendment that I of- bill’s State Small Business Credit Ini- businesses and the economy have been fered in the Rules Committee, and I am tiative program. adversely affected by the Deepwater delighted that he was able to rise to First, it ensures that State-run ven- Horizon oil spill. claim the time for this amendment. ture capital programs are eligible to I thank the gentlewoman from Texas This is an amendment that I have writ- participate in the program. Second, it for her partnership in drafting this ten, and I have asked Mr. CAO to join clarifies that State financing programs amendment and for her consideration me, as he had a similar amendment. I will be eligible for the program as long for gulf coast communities during our appreciate very much the support that as their use of the new funds meets the time of crisis. he has given, and I recognize the con- business-sized requirements in the bill. I would also like to thank the gen- cerns that he has expressed. The programs created in the Small tleman from Alabama, the ranking I want to support the underlying bill Business Lending Fund Act build on member of the Financial Services Com- as well and to make note of the fact the proven potential of existing State mittee, for his ongoing assistance and that small businesses are now facing lending programs. In Maine, these pro- support. the most difficult time in the worst re- grams have been enormously effective The district that I represent includes cession in our history. at getting small businesses the access Louisiana’s Orleans and Jefferson Par- According to a February 2010 report to capital and to the technical support ishes. In my district and all across the of the Federal Deposit Insurance Cor- they need. gulf coast, we were still recovering poration, total bank loans and leases My amendment ensures that States from the devastating storms of 2005 declined for the sixth straight quarter, are able to maintain their existing ini- when we were hit with the latest dis- with total loans to commercial and in- tiatives while taking advantage of the aster. dustrial borrowers declining by 4.3 per- new programs created in this bill. The oil spill in the Gulf of Mexico in cent and real estate construction de- I urge my colleagues to support this April presents us with economic, envi- velopment loans declining by 8.4 per- amendment and the underlying bill. ronmental, and health challenges of cent. I reserve the balance of my time. unprecedented proportions. The shut- What that means is that small busi- Mr. NEUGEBAUER. Madam Chair, ters have gone down on businesses nesses are taking the strongest hit. we do not object to this amendment. throughout the gulf region because This bill will focus, in particular, on Mr. MICHAUD. Madam Chair, I they simply do not have the short-term the question of providing a lending would encourage my colleagues to or long-term resources to operate. In- scheme, a lending structure, which is adopt this amendment. dustries such as fishing and seafood paid for to provide the start-up credit I yield back the balance of my time. processing, recreational fishing, res- for our small businesses. The Acting CHAIR. The question is taurants, and tourism are all suffering Well, here we find ourselves address- on the amendment offered by the gen- disproportionately. ing an enormous crisis that has oc- tleman from Maine (Mr. MICHAUD). I have spoken with hundreds of fish- curred in the gulf. During the Memo- The amendment was agreed to. ermen and oystermen from my district rial Day recess, I did a flyover of the AMENDMENT NO. 12 OFFERED BY MR. CAO who are no longer able to fish the wa- gulf and of the Deepwater Horizon, and The Acting CHAIR. It is now in order ters they and their families have fished I saw the magnitude and the growth of to consider amendment No. 12 printed for generations. Many have spoken of this disaster. Somewhere between mil- in part C of House Report 111–506. desperation in not knowing how they lions—or at least a million gallons— Mr. CAO. As the designee of the gen- will provide for their families. Tens of but somewhere between 20,000 and tlewoman from Texas, I have an thousands of claims have been filed 40,000 barrels per day are gushing into amendment at the desk. through BP, and the SBA has made dis- the gulf. We don’t know where this is The Acting CHAIR. The Clerk will aster loans available to businesses ad- going to stop. designate the amendment. versely affected by the oil spill, and Many small businesses are impacted The text of the amendment is as fol- they will defer loan payments for 1 in the Gulf States. That would include lows: year. Florida. That would include Texas.

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.043 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4538 CONGRESSIONAL RECORD — HOUSE June 16, 2010 That would include Alabama, Mis- AMENDMENT NO. 13 OFFERED BY MS. LORETTA I reserve the balance of my time. SANCHEZ OF CALIFORNIA sissippi, and Louisiana. This amend- b 1245 ment, for which I am delighted to be The Acting CHAIR. It is now in order ´ joined by Mr. CAO, will, in fact, cause to consider amendment No. 13 printed Ms. VELAZQUEZ. Madam Chair, lending institutions to focus resources in part C of House Report 111–506. while I am not opposed to the amend- on the small business community. Ms. LORETTA SANCHEZ of Cali- ment, I rise to claim the time in oppo- Even Linda Smith, who owns the Al- fornia. Madam Chairwoman, I have an sition. ligator Cafe in Houston, Texas, is shut amendment at the desk. The Acting CHAIR. Without objec- The Acting CHAIR. The Clerk will down because she cannot get product. tion, the gentlewoman from New York designate the amendment. When I visited New Orleans, there were is recognized for 5 minutes. The text of the amendment is as fol- There was no objection. restaurants that seemed to close early lows: ´ because they couldn’t get product. Ms. VELAZQUEZ. America’s small Amendment No. 13 offered by Ms. LORETTA What about the oystermen and businesses have always pioneered new SANCHEZ of California: economic fields and sectors. Today, shrimpers and fishermen who can’t Page 62, after line 15, insert the following: small businesses continue to be some of seem to get a lump sum payment from ‘‘(8) The extent to which the applicant will BP for which we’ve advocated? concentrate investment activities on small our most creative innovators. As our Nation shifts away from the fossil fuels In speaking just a few minutes ago to business concerns in targeted industries. and seeks clean sources of energy, en- an oysterman in Pointe a la Hache, he The Acting CHAIR. Pursuant to trepreneurs are leading the way. indicated he had not gotten his money. House Resolution 1436, the gentle- Today, small businesses represent 90 So, therefore, I am asking my col- woman from California (Ms. LORETTA percent of those companies operating leagues to support this amendment. SANCHEZ) and a Member opposed each in the renewable and energy efficiency I reserve the balance of my time. will control 5 minutes. industries. Mr. CAO. Madam Chair, again, I just The Chair recognizes the gentle- Small firms are also making impor- want to express my gratitude and ap- woman from California. Ms. LORETTA SANCHEZ of Cali- tant contributions in the realm of life preciation to the gentlewoman from fornia. I yield myself such time as I sciences and biomedicine, uncovering Texas. She has been a very strong voice may consume. groundbreaking therapies and medi- and has been very committed to the Madam Chairwoman, I rise today in cines. Technologies used in our na- gulf coast region and has been com- support of H.R. 5297, the Small Busi- tional defense have also been advanced mitted to helping the many people who ness Lending Fund Act. by small businesses. Components of the are in desperate need. Again, I would It is crucial in today’s world that we Predator drone, for instance, were de- like to convey to her my thanks. further expand the potential of small veloped by small firms. And small busi- I yield back the balance of my time. businesses and of key industries that nesses are helping develop new infor- Ms. JACKSON LEE of Texas. I thank have proven to create jobs and to in- mation technology and digital media the gentleman from Louisiana and New crease our manufacturing base here in services that better connect our world. Orleans, especially for his leadership. I the United States. The United States must continue to look forward to working with him as As a former investor and financial lead in all these areas if our economy we go forward on legislation that ad- analyst, I was particularly impressed is to remain strong in the long term. dresses some of the concerns I have with title III of this bill, the Small This type of innovation creates good- heard him express so as we may estab- Business Early Stage Investment pro- paying, highly skilled jobs. However, lish a real national energy policy. gram. In recent years, we have seen a before these businesses can develop the I would ask my colleagues to support shift from the entrepreneur and small next game-changing defense tech- this amendment. As I have indicated, I business start-up community, from the nology, unearth the next medical have obtained the time in opposition, traditional loans and from leverage breakthrough, or discover a new source but I will not oppose the amendment such as mortgaging our own homes, to of clean energy, they need capital. The that we have both offered on the floor using intellectual capital and innova- amendment before us simply ensures of the House. I will argue vigorously tion as our leverage. that the Small Business Early-Stage As a Californian, I understand the that this is an excellent opportunity to Investment program is targeted to importance of start-up businesses and protect small businesses which are yet fields like these, where there will be the economy as California makes up a noted, which are yet listed, which are the biggest payoff for economic growth large percentage of start-ups and ven- going to be impacted across that gulf and job creation. ture capital funders. Creating a public- from tourism in Florida, Alabama, Mis- Madam Chair, this is a good amend- private partnership designed to chan- sissippi, on to the shrimpers, fisher- ment. It will ensure the industries of nel investment capital to them is in- men, oystermen, and to the res- tomorrow and future companies can se- creasingly important in order to get taurants that are now in conditions cure financing to get off the ground. I where they are shutting down and our economy on track, which is why I submitted an amendment that would urge my colleagues to vote ‘‘yes.’’ where they are letting go of their em- I yield the balance of my time to the ployees. They are pleading for assist- include additional criteria during the selection process of these investment gentleman from Missouri (Mr. ance. GRAVES). This is a good amendment, and it is companies. My amendment would ensure that, as Mr. GRAVES of Missouri. Thank you, a good amendment to this legislation. part of the selection criteria, the small Madam Chair. It focuses on our small businesses, so I business administrator would examine Madam Chair, I rise in support of the would ask my colleagues to support the extent the investment company amendment from the gentlewoman this amendment. would concentrate its investment cap- from California. If we’re going to enact I yield back the balance of my time. ital on our targeted industries. Such a program that’s designed to target in- The Acting CHAIR. The question is targeted industries have been histor- vestment in certain industries, then se- on the amendment offered by the gen- ical in job and economic growth, such lection of the applicants should be tleman from Louisiana (Mr. CAO). as the information technologies, life based on the likelihood that a venture The question was taken; and the Act- sciences, defense technologies, clean capital company will make those ing Chair announced that the ayes ap- technology, and digital media. amendments. As a result, I believe it peared to have it. The small business start-ups are the provides a very important technical Ms. JACKSON LEE of Texas. Madam backbone of our economy, and they clarification to the bill, and I support Chair, I demand a recorded vote. will contribute to all of the sectors so it. The Acting CHAIR. Pursuant to that we can get our economy going Ms. LORETTA SANCHEZ of Cali- clause 6 of rule XVIII, further pro- again. fornia. Madam Chair, first, I would like ceedings on the amendment offered by I urge my colleagues to support this to thank our great chairwoman of the the gentleman from Louisiana will be amendment and the underlying legisla- Small Business Committee. I know postponed. tion. that she’s a little under the weather

VerDate Mar 15 2010 04:21 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.144 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4539 today, so we really appreciate that she where it’s needed the most. The na- ronment where there’s less uncer- would come down and speak on our tional unemployment rate is about 9.7, tainty; more certainty on what the tax amendment. as of last month. There are certain situation is going to be, and less uncer- As a Californian, I continue to go communities suffering at rates se- tainty about what the regulatory envi- back every week to my district, and verely above the State and national av- ronment is going to be. But I think the our small businesses are ailing. They’re erage for unemployment. gentleman’s amendment makes the un- asking for help. They’re holding on. A Like many counties across the Na- derlying bill better. So we would not lot of them have not been able to make tion, counties in my congressional dis- object to it. it through. Those who are still holding trict are particularly higher than the I yield back the balance of my time. on are waiting for us to help them to national rate. One of my counties, Mr. CUELLAR. Madam Chair, I do something. Starr County in south Texas, has a thank my colleague from Texas, and About a month ago, I had Chairman high of 17.3 unemployment rate. Hi- thank him for the kind words. And I Bernanke before us in the Joint Eco- dalgo County is another one, at an 11.1 appreciate it. I thank him for the work nomic Committee. And we talked unemployment rate. Again, this is not that he’s been doing. about the fact that we need—really— a partisan matter. Areas throughout At this time, Madam Chair, I’d cer- we need to help small business. Small the country have unemployment rates tainly just want to ask my colleagues business is really where the hiring of that exceed the national average. to support this. I’m also a former small America happens. So if they’re ailing, This is a matter of importance to businessperson, and I understand how then there will be unemployment. So I every worker and family and business- hard capital can be to get to the small really believe in this bill. I thank those person. And that’s why this bill is good businesses. So I would ask Members to who have worked on it. I urge a ‘‘yes’’ for the backbone of American small support my amendment. vote on the underlying bill and on this businesses, in many ways, the Nation’s I yield back the balance of my time. amendment. economic engine. I urge all of my col- The Acting CHAIR. The question is I have no further requests for time, leagues to support this bill. on the amendment offered by the gentleman from Texas (Mr. CUELLAR). and I yield back the balance of my At this time I will yield 11⁄2 minutes The amendment was agreed to. time. to the gentleman from North Carolina AMENDMENT NO. 15 OFFERED BY MR. BRALEY OF The Acting CHAIR. The question is (Mr. ETHERIDGE). IOWA on the amendment offered by the gen- Mr. ETHERIDGE. Madam Chair, I The Acting CHAIR. It is now in order tlewoman from California (Ms. LORET- thank Mr. CUELLAR for offering this to consider amendment No. 15 printed TA SANCHEZ). amendment to make sure that creating in part C of House Report 111–506. jobs where they are needed most is the The amendment was agreed to. Mr. BRALEY of Iowa. Madam Chair, focus of this piece of legislation. AMENDMENT NO. 14 OFFERED BY MR. CUELLAR I have an amendment at the desk made As a former small businessman my- The Acting CHAIR. It is now in order in order under the rule. to consider amendment No. 14 printed self, I call on the House to pass this im- The Acting CHAIR. The Clerk will in part C of House Report 111–506. portant piece of legislation. Small designate the amendment. Mr. CUELLAR. Madam Chair, I have businesses form the backbone of our The text of the amendment is as fol- an amendment at the desk. economy and create jobs that we need lows: The Acting CHAIR. The Clerk will to continue our recovery. But far too Amendment No. 15 offered by Mr. BRALEY designate the amendment. many are having difficulty getting the of Iowa: The text of the amendment is as fol- credit they need to grow and expand. Add at the end the following new title: lows: Today we have the opportunity to do TITLE IV—PLAIN WRITING ACT more than just praise small businesses Amendment No. 14 offered by Mr. CUELLAR: SECTION 401. SHORT TITLE. Page 21, after line 18, insert the following and lament the credit crunch. We have This title may be cited as the ‘‘Plain Writ- new paragraph (and redesignate succeeding a bill that frees up $30 billion directly ing Act of 2010’’. paragraphs accordingly): for small businesses across our commu- SEC. 402. PURPOSE. (4) increasing the opportunity for small nities that are responsible for job The purpose of this title is to improve the business development in areas with high un- growth in our country. Business lead- effectiveness and accountability of Federal employment rates that exceed the national ers in Smithfield, community bankers agencies to the public by promoting clear average; Government communication that the public in Dunn, and folks across my district can understand and use. The Acting CHAIR. Pursuant to in North Carolina have said that what SEC. 403. DEFINITIONS. House Resolution 1436, the gentleman they need most is to expand credit, and In this title: from Texas (Mr. CUELLAR) and a Mem- have shared their support of this initia- (1) AGENCY.—The term ‘‘agency’’ means the ber opposed each will control 5 min- tive with me. Department of the Treasury and the Small utes. Today, we have an opportunity to Business Administration. The Chair recognizes the gentleman provide real help for our Main Street (2) COVERED DOCUMENT.—The term ‘‘cov- from Texas. businesses. Let us avoid partisan bick- ered document’’— (A) means any document that— Mr. CUELLAR. Madam Chair, I yield ering, end the delay, and pass this myself such time as I may consume. (i) is relevant to obtaining any Federal piece of legislation now. Government benefit or service provided I rise today in support of my amend- Mr. NEUGEBAUER. Madam Chair, I under title I, II, or III; ment to H.R. 5297, the Small Business rise to claim time in opposition, al- (ii) provides information about any Fed- Lending Act of 2010. The concept of though I am not opposed to the bill. eral Government benefit or service provided this bill is simple: Create a lending The Acting CHAIR. Without objec- under title I, II, or III; or fund to help small businesses get im- tion, the gentleman from Texas is rec- (iii) explains to the public how to comply portant capital. This bill will help sta- ognized for 5 minutes. with a requirement the Federal Government bilize our economy and create jobs. There was no objection. administers or enforces under title I, II, or And certainly I want to thank the Mr. NEUGEBAUER. I thank my III; (B) includes (whether in paper or elec- chairwoman from New York and the friend from Texas. tronic form) a letter, publication, form, no- gentlewoman from Illinois also for the I think this is a commonsense tice, or instruction; and work that they all have been working amendment. I think if you’re going to (C) does not include a regulation. on. do this program—certainly, I don’t sup- (3) PLAIN WRITING.—The term ‘‘plain writ- My particular commonsense amend- port the underlying program, but if we ing’’ means writing that the intended audi- ment is straightforward. My amend- are going to do it, we are going to put ence can readily understand and use because ment requires that the Secretary take this capital into some of these banks that writing is clear, concise, well-organized, into consideration those areas with for lending, it certainly ought to be in and follows other best practices of plain writing. high unemployment rates that exceed areas where they have the highest un- SEC. 404. RESPONSIBILITIES OF FEDERAL AGEN- the national average. This consider- employment. That makes sense. CIES. ation will increase opportunities for I still think we can do better for (a) PREPARATION FOR IMPLEMENTATION OF small business development in places small businesses by providing an envi- PLAIN WRITING REQUIREMENTS.—

VerDate Mar 15 2010 04:21 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.051 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4540 CONGRESSIONAL RECORD — HOUSE June 16, 2010 (1) IN GENERAL.—Not later than 9 months ants so that they can understand the commend his leadership to expand after the date of enactment of this title, the requirements that we impose upon plain language to all government docu- head of each agency shall— them. ments. (A) designate 1 or more senior officials My amendment would require plain Mr. BRALEY of Iowa. Madam Chair- within the agency to oversee the agency implementation of this title; language to be used for documents that woman, I think that the comments (B) communicate the requirements of this go to the public related to this lending that you’ve heard are indicative of title to the employees of the agency; fund. It will improve the effectiveness what’s wrong with the way the govern- (C) train employees of the agency in plain and accountability of the Department ment agencies write their documents. I writing; of the Treasury and the Small Business think it is deplorable that we have to (D) establish a process for overseeing the Administration by promoting clear take this action. ongoing compliance of the agency with the government communication that the But the sad truth is, anybody who’s requirements of this title; public can understand and use. looked at these loan documents knows (E) create and maintain a plain writing Plain language is writing that the in- section of the agency’s website that is acces- how serious this problem is. I think sible from the homepage of the agency’s tended audience can clearly understand this is a small step in the right direc- website; and because it is concise, well-organized, tion. I call this ‘‘the little engine that (F) designate 1 or more agency points-of- and follows other practices of plain could.’’ I think if we implement this contact to receive and respond to public writing. The Department of the Treas- across the board in federal agencies, input on— ury and Small Business Administration American taxpayers and consumers of (i) agency implementation of this title; will be required to implement plain Federal information will be much bet- and writing requirements by designating a ter off. And I urge my colleagues to (ii) the agency reports required under sec- senior official to oversee the imple- tion 405. vote in support of the amendment. (2) WEBSITE.—The plain writing section de- mentation of the provision; commu- I yield back the balance of my time. scribed under paragraph (1)(E) shall— nicate the requirements to employees; The Acting CHAIR. The question is (A) inform the public of agency compliance train employees in plain writing; estab- on the amendment offered by the gen- with the requirements of this title; and lish a process to oversee compliance; tleman from Iowa (Mr. BRALEY). (B) provide a mechanism for the agency to create a plain language requirement on The amendment was agreed to. receive and respond to public input on— their agency’s Web site; and designate AMENDMENT NO. 16 OFFERED BY MR. LOEBSACK (i) agency implementation of this title; one or more agency points of contact The Acting CHAIR. It is now in order and to receive and respond to public feed- (ii) the agency reports required under sec- to consider amendment No. 16 printed tion 405. back. in part C of House Report 111–506. (b) REQUIREMENT TO USE PLAIN WRITING IN Writing government documents in Mr. LOEBSACK. Madam Chair, I NEW DOCUMENTS.—Beginning not later than 1 plain language will increase govern- have an amendment at the desk. year after the date of enactment of this title, ment accountability and save tax- The Acting CHAIR. The Clerk will each agency shall use plain writing in every payers, community banks, and small designate the amendment. covered document of the agency that the business owners time and money. The text of the amendment is as fol- agency issues or substantially revises. Plain, straightforward language makes lows: (c) GUIDANCE.—In carrying out the provisions of this title, agencies may follow the it easier to understand these loan docu- Amendment No. 16 offered by Mr. guidance of— ments. And my amendment will make LOEBSACK: (1) the writing guidelines developed by the it easier for small businesses and com- Add at the end the following new title: Plain Language Action and Information Net- munity banks to work with and under- TITLE IV—SENSE OF CONGRESS ON AGRI- work; or stand the government. That is why it is CULTURE AND FARMING SMALL BUSI- (2) guidance provided by the head of the so important that we move forward to NESS LOANS agency. implement plain writing requirements SEC. 401. SENSE OF CONGRESS. SEC. 405. REPORTS TO CONGRESS. across the board, but particularly in It is the sense of the Congress that— (a) INITIAL REPORT.—Not later than 9 (1) agriculture operations, farms, and rural months after the date of enactment of this these two agencies, as it relates to the loan programs that are under consider- communities should receive equal consider- title, the head of each agency shall publish ation through lending activities for small on the plain writing section of the agency’s ation. businesses in this Act, particularly small- website a report that describes the agency I reserve the balance of my time. and mid-size farms and agriculture oper- plan for compliance with the requirements of Mr. NEUGEBAUER. Madam Chair, I ations; and this title. claim opposition to the amendment, (2) attention should be given to ensuring (b) ANNUAL COMPLIANCE REPORT.—Not later but I am not opposed to it. there is adequate small business credit and than 18 months after the date of enactment The Acting CHAIR. Without objec- financing availability under this Act in the of this title, and annually thereafter, the agriculture and farming sectors. head of each agency shall publish on the tion, the gentleman is recognized for 5 plain writing section of the agency’s website minutes. The Acting CHAIR. Pursuant to a report on agency compliance with the re- There was no objection. House Resolution 1436, the gentleman quirements of this title. Mr. NEUGEBAUER. Well, I thank the from Iowa (Mr. LOEBSACK) and a Mem- The Acting CHAIR. Pursuant to gentleman for this commonsense ber opposed each will control 5 min- House Resolution 1436, the gentleman amendment. It’s unfortunate that we utes. from Iowa (Mr. BRALEY) and a Member have to bring an amendment to the The Chair recognizes the gentleman opposed each will control 5 minutes. floor of the House of Representatives from Iowa. The Chair recognizes the gentleman to tell government agencies to write Mr. LOEBSACK. Madam Chair, I from Iowa. out the instructions in plain English. yield myself such time as I may con- Mr. BRALEY of Iowa. Madam Chair, But I appreciate the gentleman’s sume. I yield myself such time as I may con- amendment. I think it makes the bill My amendment is simple. It states sume. better. that farmers and rural communities My amendment to H.R. 5297 is a com- I yield back the balance of my time. should receive equal consideration monsense bill that is consistent with Mr. BRALEY of Iowa. Madam Chair, through lending activities for small what we’ve already passed in the 111th I would yield 1 minute to the gentle- businesses, particularly our Nation’s Congress by a vote of 386–33 on March woman from Illinois (Ms. BEAN). small- and mid-sized farms and agri- 17. It was my Plain Language in Gov- Ms. BEAN. Madam Chairwoman, I culture operations, which make up the ernment Communications Act. just want to acknowledge Congressman majority of our agriculture commu- Madam Chairwoman, when I go back BRALEY’s efforts recognizing the chal- nity. and I talk to small business owners in lenges Americans have reading many It also states that we should give at- my district, one of their biggest com- government documents, particularly tention to ensuring that there is ade- plaints is a Federal bureaucracy with lending disclosures, which are very dif- quate credit and financing available in too much red tape, written in language ficult to understand. This amendment the agriculture and farming sectors. they can’t understand, which forces is a commonsense approach to making While the amendment itself is sim- them to go hire lawyers and account- the program more accessible. And I ple, the issue is not. Throughout this

VerDate Mar 15 2010 04:21 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.023 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4541 economic downtown, our rural commu- Mr. LOEBSACK. Madam Speaker, I ment. Imagine, if you will, speaking nities and farmers have been strug- want to thank my colleagues for their English, but it is not a language that gling, just as our major metro areas consideration of this amendment, and I you are as comfortable with as perhaps have been. Many areas in my district want to urge its passage, and I yield another language. This would assist in Iowa have unemployment rates back the balance of my time. persons with the understanding that above the national average. I have also The Acting CHAIR. The question is they should have, so as to participate seen examples of agriculture oper- on the amendment offered by the gen- in the program. ations having a difficult time finding tleman from Iowa (Mr. LOEBSACK). The amendment also would have data financing, and I have worked to try to The amendment was agreed to. disaggregated. We find that the infor- assist such operations. AMENDMENT NO. 17 OFFERED BY MR. AL GREEN mation that we collect too often does not disaggregate as it relates to the b 1300 OF TEXAS The Acting CHAIR. It is now in order Asian American community, and we Unfortunately, our farmers and rural to consider amendment No. 17 printed would have this information communities are often not discussed in in part C of House Report 111–506. disaggregated so that we might ascer- the broader debate on how to encour- Mr. AL GREEN of Texas. Madam tain whether or not we have persons age economic recovery. The persistence Chair, as the designee of the gentle- who are not only of wealth in the com- of rural poverty and hunger and the woman from California, I have an munity but also find out about persons lack of rural development often go amendment at the desk. who may not be as wealthy as many underreported as well. On a positive The Acting CHAIR. The Clerk will others. note, I was pleased to recently hold a designate the amendment. With this said, I will reserve the bal- series of rural development roundtables The text of the amendment is as fol- ance of my time. in my district with the under Sec- lows: Mr. NEUGEBAUER. I rise to claim retary for Rural Development, Dallas the time in opposition, although I am Tonsager. I hope we can continue to Amendment No. 17 offered by Mr. AL GREEN of Texas: not opposed to the bill. build momentum nationally and ensure Page 11, line 2, before the period insert the The Acting CHAIR. Without objec- our farmers in rural communities can following: ‘‘, as well as a plan to provide lin- tion, the gentleman from Texas is rec- contribute to continued economic re- guistically and culturally appropriate out- ognized for 5 minutes. covery. reach, where appropriate’’. There was no objection. Agriculture and our Nation’s farmers Page 18, line 8, after ‘‘provide’’ insert the Mr. NEUGEBAUER. I thank the gen- are consistently strong contributors to following: ‘‘linguistically and culturally ap- tleman for that. Basically, the amend- the economy and are certainly vital for propriate’’. ment would require an applicant for the survival of our rural communities Page 18, line 9, strike ‘‘appropriate language of the’’. the Small Business Lending Fund to and vice versa. Many of our rural areas Page 21, line 13, after ‘‘funding to’’ insert plan for logistically and culturally ap- were struggling even before the down- the following: ‘‘minority-owned eligible in- propriate outreach and require that turn, and we continue to see a decline stitutions and other’’. such outreach is performed after rein the number of farmers and rural Page 26, line 2, insert after the period the ceiving the funds. I think that could be businesses. Often the loss of one rural following: ‘‘To the extent possible, the Sec- appropriate there. And as I understand business can have a domino effect retary shall disaggregate the results of such it, the requirements of this fall to the throughout the community and sur- study by ethnic group and gender.’’. eligible institutions; and there’s no ad- rounding areas. I think we need to be The Acting CHAIR. Pursuant to ditional money appropriated for that; vigilant in bringing rural and farming House Resolution 1436, the gentleman but they would do that out of their own issues to the forefront of the debates from Texas and a Member opposed each operating expenses. Is that correct? we have on economic development and, will control 5 minutes. Mr. AL GREEN of Texas. If the gen- additionally, look at policies to pro- The Chair recognizes the gentleman tleman yields, I would add that your mote access to and the development of from Texas. assumption is correct. new food market and supply chain im- Mr. AL GREEN of Texas. Madam Mr. NEUGEBAUER. Thank you. I ap- provements and related rural busi- Chair, this amendment is one that will preciate it. nesses. add additional language to the require- I yield back the balance of my time. I hope my colleagues will agree on ment that there be minority outreach Mr. AL GREEN of Texas. Madam the need to bring attention to expand- in this program. It’s important for me Chair, at this time I yield as much ing the opportunities for agriculture to state that I have a district that I time as she may consume to the gen- and farming to contribute to the na- represent that is currently about 36 tlewoman from California (Ms. CHU). tional and local economic recovery. percent African American, 31 percent Ms. CHU. Madam Chair, the Small I reserve the balance of my time. Latino, 21 percent Anglo, and 12 per- Business Lending Fund Act is critical Mr. NEUGEBAUER. I rise to claim cent Asian. It’s important to note that to helping small businesses across the the time in opposition, although I am in my district the ballot is printed in country and is, therefore, critical to not opposed to the amendment. three languages. It’s printed in helping people because small busi- The Acting CHAIR. Without objec- English, Spanish and Vietnamese. nesses create more jobs than anyone tion, the gentleman from Texas is rec- This amendment furthers the notion else. Small businesses sustain their ognized for 5 minutes. that persons who speak languages communities. There was no objection. other than English will have an oppor- Our amendment ensures that we Mr. NEUGEBAUER. As the provi- tunity to have materials that are lin- don’t leave minority business owners sions in the bill say, loans to farmers guistically and culturally sensitive. behind. Minority businesses need every in rural areas count as small business This amendment would require that opportunity to grow, create jobs, and lending under the provisions of this appropriate materials, when published, contribute to their community. But bill. But just like the sponsor of the be in languages that are culturally and there are barriers. Our amendment bill, I represent an agricultural district linguistically sensitive. It also requires makes sure that bank lending plans, and understand how important access that advertising receive the same sort outreach, and advertising are cul- to credit is for farmers. I think this of consideration, given that we are try- turally and linguistically appropriate sense of Congress emphasizes that ing to reach markets wherein we do for diverse sets of businesses. This pro- farming and ranching and agriculture have persons who can better under- vision is essential for the Asian Amer- is an integral part of our economy. It is stand what is being conveyed if they ican and Pacific Islander communities an integral part of our small business have the opportunity to do so in a lan- because government programs can miss community, and I think it highlights guage that they are comfortable with. important details when they don’t ac- that. So I appreciate the gentleman By the way, I would add that many count for cultural and linguistic dif- from Iowa bringing that forward. I sup- people who speak English have dif- ferences. port the amendment. ficulty with financial documents, as Take the Census Bureau, for in- I yield back the balance of my time. was indicated by a previous amend- stance, which provides so many funds

VerDate Mar 15 2010 04:21 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.057 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4542 CONGRESSIONAL RECORD — HOUSE June 16, 2010 for our communities. Earlier this year, and pass the bill (H.R. 4451) to rein- (2) if the Commission decides to reinstate 1 or they mistranslated parts of the Viet- state and transfer certain hydro- both of the licenses under such paragraph and namese census forms. The forms used a electric licenses and extend the dead- extend the corresponding deadline for com- phrase connected to the previous gov- line for commencement of construction mencement of construction under paragraph (2) of such section, complete the action required ernmental regime which meant ‘‘gov- of certain hydroelectric projects, as under section 3. ernment investigation’’ in place of the amended. SEC. 6. PROTECTION OF EXISTING RIGHTS. word ‘‘census.’’ Clearly this was no The Clerk read the title of the bill. Nothing in this Act shall affect any valid li- minor gaffe. The language in this The text of the bill is as follows: cense issued by the Commission under section 4 amendment ensures that future out- H.R. 4451 of the Federal Power Act (16 U.S.C. 797) on or reach doesn’t repeat these mistakes, Be it enacted by the Senate and House of Rep- before the date of enactment of this Act or di- that is, excluding deserving businesses resentatives of the United States of America in minish or extinguish any existing rights under from great opportunities. Congress assembled, any such license. But it’s not just minority businesses SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Pursu- that need access to this program. Mi- This Act may be cited as the ‘‘Collinsville Re- ant to the rule, the gentleman from nority-owned banks also deserve the newable Energy Promotion Act’’. Connecticut (Mr. MURPHY) and the gen- right to compete. That’s why our SEC. 2. REINSTATEMENT OF EXPIRED LICENSES tleman from Nebraska (Mr. TERRY) AND EXTENSION OF TIME TO COM- amendment makes sure such institu- MENCE CONSTRUCTION OF each will control 20 minutes. tions receive consideration during the PROJECTS. The Chair recognizes the gentleman program’s implementation. Minority- Subject to section 4 of this Act and notwith- from Connecticut. owned banks play a vital role in the standing the time period under section 13 of the GENERAL LEAVE Asian Pacific Islander and minority Federal Power Act (16 U.S.C. 806) that would Mr. MURPHY of Connecticut. Madam otherwise apply to Federal Energy Regulatory Speaker, I ask unanimous consent that business development endeavor; and to- Commission projects numbered 10822 and 10823, gether they enhance the country’s eco- the Federal Energy Regulatory Commission (re- all Members may have 5 legislative nomic recovery and long-term growth. ferred to in this Act as the ‘‘Commission’’) days in which to revise and extend Minority firms currently provide near- may— their remarks and include extraneous ly 5 million steady jobs but could po- (1) reinstate the license for either or each of material in the RECORD. tentially create over 11 million more. those projects; and The SPEAKER pro tempore. Is there Our amendment helps them do so. (2) extend for 2 years after the date on which objection to the request of the gen- I ask my colleagues to support this either or each project is reinstated under para- tleman from Connecticut? graph (1) the time period during which the li- amendment because it eliminates ob- There was no objection. censee is required to commence the construction Mr. MURPHY of Connecticut. Madam stacles in the way of our Nation’s mi- of such projects. nority businesses and facilitates their Speaker, I yield myself such time as I Prior to reaching any final decision under this may consume. growth during these very tough eco- section, the Commission shall provide an oppor- nomic times. tunity for submission of comments by interested The legislation before the House Mr. AL GREEN of Texas. I yield back persons, municipalities, and States and shall today is pretty simple. It will permit the balance of my time. consider any such comment that is timely sub- several communities in my district, The Acting CHAIR. The question is mitted. the Fifth Congressional District of on the amendment offered by the gen- SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF Connecticut, to operate two now- CANTON, CONNECTICUT. tleman from Texas (Mr. AL GREEN). defunct hydroelectric dams as munic- Notwithstanding section 8 of the Federal The amendment was agreed to. ipal power sources. The dams, the Power Act (16 U.S.C. 801) or any other provision Upper and Lower Collinsville dams, Ms. BEAN. Madam Chair, I move thereof, if the Commission reinstates the license that the Committee do now rise. for, and extends the time period during which have lain dormant in Connecticut’s The motion was agreed to. the licensee is required to commence the con- Farmington River since the 1960s. The Accordingly, the Committee rose; struction of, a Federal Energy Regulatory Com- licenses previously issued by FERC to and the Speaker pro tempore (Ms. CHU) mission project under section 2, the Commission operate both these dams are currently having assumed the chair, Ms. NORTON, shall transfer such license to the town of Can- inactive, and this legislation would Acting Chair of the Committee of the ton, Connecticut. allow FERC to reinstate them and Whole House on the State of the Union, SEC. 4. ENVIRONMENTAL ASSESSMENT. transfer them to the town of Canton, reported that that Committee, having (a) DEFINITION.—For purposes of this section, Connecticut, for operation. The State the term ‘‘environmental assessment’’ shall have legislature has already passed legisla- had under consideration the bill (H.R. the same meaning as is given such term in regu- 5297) to create the Small Business lations prescribed by the Council on Environ- tion to operate these two State-owned Lending Fund Program to direct the mental Quality that implement the National En- dams, but Federal legislation is also Secretary of the Treasury to make cap- vironmental Policy Act of 1969 (42 U.S.C. 4321 et needed to restore their operation. ital investments in eligible institu- seq.). These small dams are already a be- tions in order to increase the avail- (b) ENVIRONMENTAL ASSESSMENT.—Not later loved and longstanding symbol of the ability of credit for small businesses, than 180 days after the date of enactment of this Farmington Valley’s rich history. They Act, the Commission shall complete an environ- used to power a very well-known and and for other purposes, had come to no mental assessment for Federal Energy Regu- resolution thereon. thriving axe factory on the site. This latory Commission projects numbered 10822 and legislation would allow for additional f 10823, updating, to the extent necessary, the en- comments and for environmental data ANNOUNCEMENT BY THE SPEAKER vironmental analysis performed during the process of licensing such projects. to be considered by FERC prior to tak- PRO TEMPORE (c) COMMENT PERIOD.—Upon issuance of the ing any action, ensuring that the riv- The SPEAKER pro tempore. Pursu- environmental assessment required under sub- er’s health and the region’s health is ant to clause 8 of rule XX, the Chair section (b), the Commission shall— well protected. will postpone further proceedings (1) initiate a 30-day public comment period; This legislation has been drafted over and the course of many months with the today on motions to suspend the rules (2) before taking any action under section 2 or on which a recorded vote or the yeas 3— close cooperation of FERC, who’s unop- and nays are ordered, or on which the (A) consider any comments received during posed to the legislation, and we put to- vote incurs objection under clause 6 of such 30-day period; and gether a bipartisan coalition of stake- rule XX. (B) incorporate in the license for the projects holders, including all of the affected Record votes on postponed questions involved, such terms and conditions as the Com- communities, the Governor of the will be taken later. mission determines to be necessary, based on the State of Connecticut, and regional and environmental assessment performed and com- national river protection organiza- f ments received under this section. tions. Simply put, there is broad and SEC. 5. DEADLINE. COLLINSVILLE RENEWABLE deep consensus and agreement that ENERGY PROMOTION ACT Not later than 270 days after the date of enactment of this Act, the Commission shall— these dams represent a valuable source Mr. MURPHY of Connecticut. Madam (1) make a final decision pursuant to para- of renewable energy right in the heart Speaker, I move to suspend the rules graph (1) of section 2; and of suburban Connecticut.

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.060 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4543 And while we work here in the House to do that given proper environmental HONORING THE NAACP ON ITS and the Senate to enact much broader review and proper availability of com- 101ST ANNIVERSARY and sweeping policies to try to promote ment from other interested parties. Mr. COHEN. Mr. Speaker, I move to renewable energy development around This really is an example of how suspend the rules and agree to the con- this country, we need to also recognize local power production can be done current resolution (H. Con. Res. 242) that in some parts of this Nation there right. This is a nonpartisan local issue, honoring and praising the National As- are some very locally produced, locally Democrats and Republicans at the sociation for the Advancement of Col- driven projects like this one in Canton local and State level, along with the ored People on the occasion of its 101st administration in the State of Con- and Avon, Connecticut, that can anniversary. produce some pretty immediate effects necticut coming together, to try to The Clerk read the title of the con- for local rate payers, providing them promote a project to bring two long- current resolution. with clean, renewable, locally produced dormant dams online. The text of the concurrent resolution I would note also that the recon- and locally run energy. is as follows: I would like to thank Chairman WAX- struction of the dams will allow for potential fish passage along a stream H. CON. RES. 242 MAN and Chairman MARKEY and Rank- Whereas the National Association for the ing Members BARTON and UPTON for that has not allowed for that passage for a long time. There are multiple Advancement of Colored People (referred to their help in bringing this legislation in this resolution as the ‘‘NAACP’’), origi- to the floor. And I urge passage today benefits to the community and to rate- nally known as the National Negro Com- of H.R. 4451. payers. I thank the gentleman for his mittee, was founded in New York City on I reserve the balance of my time. support of the bill. February 12, 1909, the centennial of Abraham Mr. TERRY. Mr. Speaker, I yield my- I reserve the balance of my time. Lincoln’s birth, by a multiracial group of ac- self as much time as I may consume. Mr. BURGESS. Mr. Speaker, I rise today to tivists who met in a national conference to I rise today on behalf of our side of discuss a bill that I believe has been given far discuss the civil and political rights of Afri- too little attention by the Congress, especially can-Americans; the aisle of the Energy and Commerce Whereas the NAACP was founded by a dis- Committee and report that we have ab- considering the potential precedent that it may set. tinguished group of leaders in the struggle solutely no opposition and actually H.R. 4451, the Collinsville Renewable En- for civil and political liberty, including Ida support this bill. Wells-Barnett, W.E.B. DuBois, Henry ergy Promotion Act allows the Federal Energy Mr. Speaker, today we are consid- Moscowitz, Mary White Ovington, Oswald Regulatory Commission (FERC) to transfer the ering the Collinsville Renewable En- Garrison Villard, and William English permit for a hydro-electric power plant once Walling; ergy Promotion Act. This bill was con- held by a private company into the hands of sidered in a markup of the Energy and Whereas the NAACP is the oldest and larg- a public municipality. This bill went through the est civil rights organization in the United Commerce Subcommittee on Energy Energy & Commerce Committee, although I States; and Environment on March 24, and in a could hardly say it received regular order con- Whereas the NAACP National Head- markup of the full committee on May sideration. When this legislation was first pre- quarters is located in Baltimore, Maryland; 26, both times passing by a voice vote. sented to us at the subcommittee level, Mem- Whereas the mission of the NAACP is to ensure the political, educational, social, and b 1315 bers were told it was a non-controversial bill, economic equality of rights of all persons The purpose of this bill is to author- and that all the interested parties agreed with and to eliminate racial hatred and racial dis- ize the Federal Energy Regulatory the actions being taken. crimination; Commission, also known as FERC, to Members of the Energy & Commerce Com- Whereas the NAACP is committed to reinstate the terminated licenses for mittee subsequently learned otherwise when achieving its goals through nonviolence; Whereas the NAACP advances its mission the Upper and Lower Collinsville Dams the company involved, Summit Hydro, LLC, told my office that not only were they opposed through reliance upon the press, the peti- hydroelectric projects, and to extend tion, the ballot, and the courts, and has been for 2 years after the date of any such to the transfer of these permits, but that they were not even told our Committee was consid- persistent in the use of legal and moral per- reinstatement the date by which the li- suasion, even in the face of overt and violent censee is required to commence con- ering the legislation. I find it outrageous that racial hostility; struction, and, in the event that FERC this Congress would move ahead with trans- Whereas the NAACP has used political reinstates the licenses, to require ferring a privately-held permit to a public entity pressure, marches, demonstrations, and ef- FERC to transfer such licenses to the without so much as a legislative hearing. fective lobbying to serve as the voice, as well Despite my objections at the Committee as the shield, for minority Americans; town of Canton, Connecticut. level, voicing concerns that no hearing had Whereas after years of fighting segregation I commend Representative MURPHY been held, the Majority pushed this legislation in public schools, the NAACP, under the for offering an amendment in the na- forward. leadership of Special Counsel Thurgood Mar- ture of a substitute at the full com- I am disheartened that this legislation was shall, won one of its greatest legal victories mittee markup that made two impor- in the Supreme Court’s decision in Brown v. moved by the full House today, and hope that tant changes. The first is requiring Board of Education, 347 U.S. 483 (1954); the Senate will provide Summit Hydro, LLC FERC to provide an opportunity for Whereas in 1955, NAACP member Rosa the proper deference in defending its actions the submission of comments by inter- Parks was arrested and fined for refusing to and explaining its story before this bill be- ested persons before reinstating one or give up her seat on a segregated bus in Mont- comes law and becomes yet another example gomery, Alabama—an act of courage that both of the terminated licenses. There- of government taking over actions more prop- would serve as the catalyst for the largest fore, interested parties will have an op- erly suited for the private sector. grassroots civil rights movement in the his- portunity to address any concerns with Mr. TERRY. Mr. Speaker, I have no tory of the United States; FERC. And the second is to include a further requests for time, and I yield Whereas the NAACP was prominent in lob- new Section 6 which would clarify that back the balance of my time. bying for the passage of the Civil Rights Acts of 1957, 1960, and 1964, the Voting Rights nothing in H.R. 4451 would diminish or Mr. MURPHY of Connecticut. Mr. extinguish any existing rights under Act of 1965, the Fannie Lou Hamer, Rosa Speaker, I urge support of the bill, and ´ ´ such license. Parks, Coretta Scott King, Cesar E. Chavez, I yield back the balance of my time. Barbara C. Jordan, William C. Vela´ squez, Mr. Speaker, this bill has no direct The SPEAKER pro tempore (Mr. and Dr. Hector P. Garcia Voting Rights Act cost. We are in support of the bill. MCGOVERN). The question is on the mo- Reauthorization and Amendments Act of I reserve the balance of my time. tion offered by the gentleman from 2006, and the Fair Housing Act, laws that en- Mr. MURPHY of Connecticut. Mr. Connecticut (Mr. MURPHY) that the sured Government protection for legal vic- Speaker, I thank the gentleman for his House suspend the rules and pass the tories achieved; support of the bill and for working bill, H.R. 4451, as amended. Whereas in 2005, the NAACP launched the with us in providing the amendments The question was taken; and (two- Disaster Relief Fund to help survivors in that he referenced. I think it is impor- Louisiana, Mississippi, Texas, Florida, and thirds being in the affirmative) the Alabama to rebuild their lives; tant to underscore his point, that this rules were suspended and the bill, as Whereas in the 110th Congress, the NAACP is not a requirement that FERC reissue amended, was passed. was prominent in lobbying for the passage of these licenses to the town of Canton, it A motion to reconsider was laid on H. Res. 826, whose resolved clause expresses is permissive language allowing them the table. that: (1) the hanging of nooses is a horrible

VerDate Mar 15 2010 04:21 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.062 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4544 CONGRESSIONAL RECORD — HOUSE June 16, 2010 act when used for the purpose of intimida- 101st anniversary, I would like to re- passed, for the first time in our Na- tion and which under certain circumstances flect on a few bits of history con- tion’s history apologizing for slavery can be criminal; (2) this conduct should be cerning the NAACP. and Jim Crow laws, and to make clear investigated thoroughly by Federal authori- First, I would like to acknowledge its that the vestiges of Jim Crow and slav- ties; and (3) any criminal violations should history which began February 12, 1909, be vigorously prosecuted; ery would be affected by the future Whereas in 2008, the NAACP vigorously when the organization was formed by Congresses. supported the passage of the Emmett Till Ida Wells-Barnett, W.E.B. DuBois, Today’s commemoration of the Unsolved Civil Rights Crime Act of 2007, a Henry Moscowitz, Mary White NAACP’s 101st anniversary occurs as law that puts additional Federal resources Ovington, Oswald Garrison Villiard, the organization prepares for its con- into solving the heinous crimes that oc- and William English Walling, a biracial vention, ‘‘One Nation, One Dream,’’ in curred in the early days of the civil rights group that consisted of Christians and Kansas City, Missouri, on July 10–15. struggle that remain unsolved and bringing Jews. At that time, hundreds of NAACP those who perpetrated such crimes to jus- It is a history that includes some of members and leaders will consider bold tice; the most significant moments in our and innovative approaches to tackling Whereas the NAACP has helped usher in Nation’s great story where we come to the new millennium by charting a bold the challenges we face in the 21st cen- course, beginning with the appointment of a more perfect union, like the 1954 case tury. the organization’s youngest President and of Brown v. Board of Education of To- Among those leaders will be Presi- Chief Executive Officer, Benjamin Todd Jeal- peka, the landmark Supreme Court dent Benjamin Todd Jealous, present ous, and by outlining a strategic plan to con- case that ended the separate but equal Chairwoman Roslyn Brock, former front 21st century challenges in the critical fallacies that our government and laws Chairman Julian Bond, Washington areas of health, education, housing, criminal labored under, and chief counsel was Bureau Director Hilary Shelton, and justice, and environment; and Thurgood Marshall, later one of the Detroit Branch President Wendell An- Whereas, on July 16, 2009, the NAACP cele- great justices of our Supreme Court. thony, who have exhibited fearless brated its centennial anniversary in New The NAACP’s contributions also have dedication to build on the NAACP’s York City, highlighting an extraordinary included support for and rallying and century of Bold Dreams, Big Victories with a great legacy. This legacy includes historic address from the first African-Amer- lobbying for the 1957, 1960, and 1964 many great heroes, such as Dr. Martin ican president of the United States, Barack Civil Rights Act, the 1965 Voting Luther King, Jr., of whom a bust is in Obama: Now, therefore, be it Rights Act and the 1968 Fair Housing our Capitol Rotunda; Coretta Scott Resolved by the House of Representatives (the Act where Clarence Mitchell led the King, his widow; Rosa Parks; Medgar Senate concurring), That Congress— way with the NAACP. And of course Evers; Benjamin Hooks; and many oth- (1) recognizes the 101st anniversary of the the court case that the NAACP was in- ers. I must mention some great leaders historic founding of the National Association volved in, Loving v. Virginia, which from my hometown of Memphis: Vasoc for the Advancement of Colored People; and turned over the miscegenation laws in (2) honors and praises the National Asso- and Maxine Smith; Jesse Turner, Sr.; ciation for the Advancement of Colored Peo- this country in 1967, an aberrant set of Jesse Turner; Jr.; Russell Sugarman; ple on the occasion of its anniversary for its laws that are precursors to other laws A.W. Willis; Johnny Turner; and oth- work to ensure the political, educational, so- that still are in debate in this Nation ers. cial, and economic equality of all persons. today. Their unwavering commitment to The SPEAKER pro tempore. Pursu- But the fight didn’t end there; which protect and promote civil rights for all ant to the rule, the gentleman from brings me to my second point. Today, Americans is a proud tradition that the Tennessee (Mr. COHEN) and the gen- we are reminded of the NAACP’s mis- NAACP continues today. I am a life tleman from Texas (Mr. SMITH) each sion, to ensure equality of rights of all member of the NAACP, and proud of it. will control 20 minutes. persons, and to eliminate racial hatred I encourage others to support the The Chair recognizes the gentleman and racial discrimination. It is as im- NAACP in their efforts to make the from Tennessee. portant and relevant as it was decades American dream true for all. I con- GENERAL LEAVE ago. Just this year, a hate crimes law gratulate the NAACP on its 101st mile- Mr. COHEN. Mr. Speaker, I ask unan- was passed that ensured that there was stone, and I urge my colleagues to sup- imous consent that all Members may not discrimination based on race, reli- port this important resolution. have 5 legislative days in which to region, gender, sexual orientation, or I reserve the balance of my time. vise and extend their remarks and in- other distinguishing characteristics, Mr. SMITH of Texas. Mr. Speaker, I clude extraneous material. and the NAACP was there in great sup- yield myself such time as I may con- The SPEAKER pro tempore. Is there port. sume. objection to the request of the gen- The NAACP is engaged in battles on Mr. Speaker, this resolution recog- tleman from Tennessee? multiple fronts on its 101st anniver- nizes the 101st anniversary of the There was no objection. sary. Its dedicated team is leading the founding of the National Association Mr. COHEN. Mr. Speaker, I yield my- charge in addressing issues that dis- for the Advancement of Colored Peo- self such time as I may consume. proportionately impact communities of ple. This resolution also praises the Mr. Speaker, House Concurrent Reso- color. The NAACP advocates for equal- NAACP for its work to secure the po- lution 242 honors one of our Nation’s ity in education, influences the debate litical, educational, social and eco- oldest and most esteemed civil rights on environmental justice, works to end nomic equality of all persons. organizations, the National Associa- disparities in the criminal justice sys- The NAACP was founded on February tion for the Advancement of Colored tem, racial profiling and other types of 12, 1909, in New York City. It was the People, known as the NAACP, also injustices. centennial of Abraham Lincoln’s birth. known as the conscience of the United In addition, the NAACP is working to The NAACP is the oldest and largest States Congress. prevent families from losing their piece civil rights organization in the United This year, the NAACP celebrates its of the American dream during this States today. 101st anniversary, and its ongoing ef- housing crisis, by working with finan- In 1913, the NAACP organized opposi- forts to promote justice and equality cial institutions to change the mort- tion to racial segregation in Federal for all Americans; not just Americans gage lending practices that helped Government offices. The NAACP also of color, but all Americans. bring on this crisis. They are party to played a key role in securing the rights I salute the gentleman from Texas a lawsuit against Wells Fargo in Balti- of African Americans to serve as offi- (Mr. AL GREEN) the sponsor of this res- more County, Maryland, and also in cers in World War I. Throughout the olution, and the former president of Memphis, Tennessee. Improving fair past century, the NAACP has worked the Houston branch of the NAACP, for credit access, supporting sustainable to achieve equality of rights for all per- his continued commitment to recog- home ownership, and promoting finan- sons through nonviolence. The nizing the NAACP for its historical and cial literacy for disadvantaged commu- NAACP’s mission also includes the contemporary civil rights contribu- nities are among their other great pri- elimination of racial hatred and racial tions. orities. discrimination. As we celebrate the Nation’s pre- The NAACP was supportive of the After World War I, for example, the eminent civil rights organization on its resolution that the 110th Congress NAACP expended significant resources

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.025 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4545 in an effort to combat the lynching of secretaries, none of whom were African I then knew that the work that was African Americans throughout the American. done over 100 years ago was of such vi- United States. The NAACP centered its It’s important to note that the sion for the future of this country, and efforts around education and lobbying NAACP accords an award annually. It particularly my State of California, for legislation. is known as the Spingarn Medal. This the largest in the Union, and the first In later years, the NAACP’s leader- is given to a person who has made State to be a majority of minorities, ship was instrumental in bringing great achievements in the area of help- that that vision, that hard work, that about the passage of the Civil Rights ing the human rights and civil rights dedication brought about justice so Acts of 1957, 1960 and 1964; the Voting struggle. It is important to note that that the State of California and the Rights Act of 1965; and the desegrega- the Spingarn Medal is named after Joel United States of America could be re- tion of public schools in Brown v. Spingarn. The Spingarn family was a flective of who we are as a people. The Board of Education in 1954. great contributor to the NAACP. In justice, the fairness, the freedom, the The NAACP continues to work on be- fact, Thurgood Marshall was a great liberty all came about for people like half of this worthy mission for the litigator in part because of other per- me because of this organization and rights of all people today. sons who made contributions to the others who supported it. Mr. Speaker, I urge my colleagues to NAACP. They were great contributors, So I am pleased, I am pleasured, and support this resolution. and as a result we had this litigation to I do hope that all men and women of I have no further requests for time, go forward. The NAACP is an organiza- fair mindedness with division will sup- and I yield back the balance of my tion that welcomes anyone who desires port wholeheartedly this resolution. time. to be a part of the fight for human dig- Thank you, Congressman. Mr. COHEN. Mr. Speaker, I yield nity and human freedom. Mr. BISHOP of Georgia. Mr. Speaker, for such time as he may consume to the I believe that the NAACP merits this over 100 years the mission of the National As- gentleman from Texas (Mr. AL GREEN), special expression from the Congress of sociation for the Advancement of Colored the sponsor of this resolution and the the United States of America, and I People (NAACP) has been to ensure the polit- former president of the Houston branch also believe that we should thank Sen- ical, educational, social, and economic equal- of the NAACP. ator DODD, because he has the Senate ity of rights for all people, as well as to elimi- Mr. AL GREEN of Texas. Mr. Speak- Concurrent Resolution No. 3 that has nate racial hatred and racial discrimination. er, I especially want to thank the gen- 15 Senators who have signed onto it, This organization has always envisioned a society where all barriers of racial discrimination tleman from Tennessee (Mr. COHEN) for and that will hopefully pass the Sen- working with us on this resolution. I ate. are removed through the democratic proc- especially want to thank the ranking I am asking all of my colleagues to esses, as well as to ensure equality for all Americans. Throughout the past 101 years, member, Mr. SMITH, for his working please support this legislation because with us on the resolution, and I also the NAACP made it possible for us to the NAACP has faithfully adhered to its mis- want to give an extra special thanks to sleep where we sleep, because of Shel- sion. Founded on February 12, 1909, President Mr. SENSENBRENNER because the first ley v. Kraemer and Barrows v. Jack- Lincoln’s 100th birthday, the NAACP is the na- time we introduced this resolution he son. It allows us to eat where we eat tion’s oldest and most recognized grassroots- because of Brown v. Board of Education was the chairman of the Judiciary based civil rights organization. It was estab- and other cases associated with it. So, Committee, and he was very helpful lished in response to the lynchings that were literally, we live where we live, we not only up front in helping me with committed against blacks throughout the coun- sleep where we sleep, and we eat where the resolution, but also behind the try. Today, the NAACP’s more than half-million we eat because of the NAACP. It has scenes making sure that we got the members and supporters are still the premier earned the right to be recognized by resolution through the House. Mr. SEN- advocates for civil rights and equality in their the Congress of the United States of SENBRENNER, I will be forever grateful respective communities. to you. America, and I beg that my colleagues Over the last century, the talents of the Mr. Speaker, I am honored today to would support this resolution. NAACP’s collective membership have enabled present this resolution because the Mr. COHEN. Mr. Speaker, I appre- it to overcome numerous adversities and ob- NAACP stands for what America ciate the work of Congressman GREEN stacles. After 101 years of setbacks and suc- stands for, and that is liberty and jus- from Houston. And when I look at him cesses, this organization currently bears wit- tice for all. and I look at Mr. SMITH, I think about ness to numerous advancements that may not The NAACP was founded in 1909, as my weekend trip this past weekend. I have been made possible if it were not for the was indicated, by a diverse group of went to Austin, Texas. And when I was collective voices and willpower of NAACP sup- Americans. It is important to note that in Austin, I was at the Barbara Jordan porters past and present. the NAACP has always been an inte- Airport, and in the baggage area on the It is hard to imagine where our country grated organization. From its incep- ground floor, there is a statue of Bar- would be today if it had not been for the cou- tion, it has been an integrated organi- bara Jordan in her regal splendor. And rageous men and women in the NAACP who zation. what a great member of the NAACP risked their lives and livelihoods in order to she was, and what a great American. b 1330 promote equality. Ms. WATSON requests some time. I It is hard to imagine where this country While I applaud all that has been would be pleased if she would con- would be if the NAACP had not tirelessly done by the African Americans who tribute. I yield such time as she may fought for improved equality for African-Ameri- have been a part of the NAACP, I have consume to the gentlewoman. cans. to also make mention of the many Ms. WATSON. Mr. Speaker, and to It is hard to imagine where this great coun- other persons who are not African the authors and cosponsors of this res- try would be if it were not for the courageous Americans, because we simply did not olution, I just want to add to the testi- men and women who fought to promote the get here by ourselves. There were per- mony that you have already heard in rights of everyone, regardless of the color of sons of good will of all ethnicities who support of this resolution commending their skin. have been of benefit to us to help us the NAACP, that many of us would not Indeed, it is hard to imagine our country have these opportunities that we have be here if not for the work and the sup- without the NAACP. My own life would not be today. So today we want to thank per- port of others of the NAACP. the same if it were not for those individuals sons who were members of the NAACP I am a case in point. I remember who stood up for equality and sought to form at its inception, but also persons who being elected as the first African a more perfect union. helped to bring the NAACP along the American woman to the second largest I want to congratulate the NAACP on its 101 way. school board in the United States, years of service to our country and for all of James Weldon Johnson was the first that’s LA Unified School District, and its many accomplishments. I urge my col- African American executive secretary in the California State Senate as the leagues to support this resolution. of the NAACP. But it’s important to first ever. And I was so proud that Mr. FARR. Mr. Speaker, I’m a proud lifelong note that prior to his becoming the members came to me to show me their member of the NAACP, and today I join my first, there were five other executive membership in the NAACP. colleagues in celebrating its 101st anniversary.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\K16JN7.066 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4546 CONGRESSIONAL RECORD — HOUSE June 16, 2010 The Monterey County Branch of the NAACP gators and chief Federal law enforcement of- GENERAL LEAVE was created in 1932. Our chapter now ranks ficials for their specific region, under the di- Mr. COHEN. I ask unanimous consent as one of the largest per capita branches in rection of the Attorney General; all Members have 5 legislative days to Whereas the Department of Justice com- revise and extend their remarks and the United States and has been active in edu- prises 7 specialized divisions, including the cation and law—and we’re all better for it. In Antitrust Division, Civil Division, Civil add extraneous material. 1947, the Fort Ord Army training base in Sea- Rights Division, Criminal Division, Environ- The SPEAKER pro tempore. Is there side, CA—one of the largest bases in the ment and Natural Resources Division, Na- objection to the request of the gen- U.S.—was the first military base in the United tional Security Division and the Tax Divi- tleman from Tennessee? States to be integrated. sion, also including the Federal Bureau of In- There was no objection. As we recognize the great achievements of vestigation, the Bureau of Prisons, the Mr. COHEN. I yield myself such time United States Marshals Service, the U.S. one of America’s finest organizations, let us as I may consume. Central Bureau-International Criminal Po- Mr. Speaker, House Resolution 1422 not forget that the struggle continues. Our lice Organization, the Drug Enforcement Ad- country was founded on the ideal of equality ministration, the Bureau of Alcohol, To- recognizes the 140th anniversary of the for all, with the self-evident right to life, liberty bacco, Firearms, and Explosives, and the Of- creation of the Department of Justice. and the pursuit of happiness. The mission of fice of Justice Programs; Since 1870, the Department has been the NAACP is to ensure the political, edu- Whereas in 2006, the Department of Justice tasked with enforcing our laws, pro- cational, social, and economic equality of recognized the danger threatening the viding Federal leadership in securing United States due to technology-assisted ex- the public safety, and ensuring the fair rights of all persons and to eliminate racial ha- ploitation crimes targeting children, and re- tred and racial discrimination. and impartial administration of justice sponded by launching Project Safe Child- for all Americans. I want to thank the NAACP for 101 years of hood, an effort which has resulted in record hard work. You’ve made America a stronger numbers of arrests and prosecutions of indi- The Department has long been served and better nation. I especially want to thank viduals who seek to commit sexual crimes with distinction and courage by attor- my constituent, Ben Jealous, now the young- against children; neys, investigators, and prosecutors at est national president of the NAACP. Your Whereas in the past decade the Depart- Main Justice and in the field. Its divi- work continues, but we congratulate you on ment of Justice has obtained approximately sions and components do important 1,300 convictions for financial crimes; this historic day. work for the American people in crimi- Whereas the Department of Justice re- nal law, civil litigation, environmental Mr. COHEN. Mr. Speaker, I have no sponded to the significant increase in the further requests for time, and I yield number of firearms-related violent crimes in law, antitrust law, tax law, and admin- back the balance of my time. small geographic areas by creating the Vio- istration of justice-related grants. We The SPEAKER pro tempore. The lent Crime Impact Team (VCIT) initiative especially appreciate the efforts and question is on the motion offered by and since 2004 has arrested more than 14,100 sacrifices of the law enforcement offi- the gentleman from Tennessee (Mr. gang members, drug dealers, felons in posses- cers serving in components such as the sion of firearms, and other violent criminals, FBI, DEA, ATF, and the U.S. Marshals COHEN) that the House suspend the including more than 2,800 identified as rules and agree to the concurrent reso- office. ‘‘worst of the worst’’ criminals; I would like to highlight three impor- lution, H. Con. Res. 242. Whereas the Department of Justice plays a The question was taken. key role in the fight against international tant points today as we commemorate The SPEAKER pro tempore. In the drug trafficking; the 140th anniversary of the Depart- opinion of the Chair, two-thirds being Whereas in the past 8 years, the Depart- ment. First, the Department has in the affirmative, the ayes have it. ment of Justice has disrupted 8, and disman- played an integral part in promoting Mr. COHEN. Mr. Speaker, on that I tled 2, Priority Target Organizations (PTOs); justice for all Americans. Since its cre- Whereas Operation FALCON (Federal and ation, the Department has handled the demand the yeas and nays. Local Cops Organized Nationally) is a series The yeas and nays were ordered. legal business of the United States, of nationwide fugitive apprehension oper- with control over all criminal prosecu- The SPEAKER pro tempore. Pursu- ations coordinated by the Department of ant to clause 8 of rule XX and the Justice, and has resulted in the collective tions and civil suits in which the Chair’s prior announcement, further capture of more than 55,896 dangerous fugi- United States has an interest. proceedings on this motion will be tive felons since its inception in 2005; Through the Civil Rights Division, postponed. Whereas since 2004, the Department of Jus- the Department enforces Federal law, tice has led the 2 largest multinational law prohibiting discrimination on the basis f enforcement efforts ever directed at online of race, color, sex, disability, religion, HONORING THE DEPARTMENT OF piracy, involving simultaneous efforts in 12 familial status, and national origin. countries, more than 200 searches and arrests JUSTICE ON ITS 140TH ANNIVER- Following the landmark Civil Rights in more than 30 States, more than Acts of the 1960s, the Department of SARY $100,000,000 in seized pirated works, and a Justice used its newfound authority to Mr. COHEN. Mr. Speaker, I move to total of 112 felony convictions to date; and initiate desegregation of school dis- suspend the rules and agree to the reso- Whereas the Department of Justice’s ac- tricts across this Nation. And through lution (H. Res. 1422) honoring the De- complishments are numerous and have played a significant part in securing the its enforcement of the Voting Rights partment of Justice on the occasion of safety and security of the families and com- Act of 1965, the Department helped cur- its 140th anniversary. munities of the United States: Now, there- tail the injustice of African American The Clerk read the title of the resolu- fore, be it voters being prevented from exercising tion. Resolved, That the House of Representa- what is an American right, the right to The text of the resolution is as fol- tives— vote. lows: (1) honors the Department of Justice on the occasion of its 140th anniversary; The Justice Department also con- H. RES. 1422 (2) commends the men and women of the tinues to vigorously enforce the Ameri- Whereas the Department of Justice offi- Department of Justice for their tireless com- cans with Disabilities Act, to ensure cially came into existence on July 1, 1870, mitment to pursuing justice, combating that people living with disabilities are through an Act of Congress establishing it as major domestic and international crimes, ‘‘an executive department of the government not discriminated against in employ- ensuring civil liberties, and protecting the ment, by public entities and transpor- of the United States’’ with the Attorney people of the United States; and General as its head; (3) encourages the Department of Justice tation, or in public accommodations. Whereas pursuant to the Act, the Depart- to continue its mission of pursuing the ad- The great strides we have made in se- ment was charged with providing the means ministration of justice for all people in the curing rights for all Americans to at- for enforcing Federal laws, furnishing legal United States. tain an education, access the voting counsel in Federal cases, and construing the The SPEAKER pro tempore. Pursu- booth, and secure jobs and housing, re- laws under which other Federal executive de- ant to the rule, the gentleman from gardless of race, gender, or national or- partments act; igin, are in no small part due to the Whereas there are currently 93 United Tennessee (Mr. COHEN) and the gen- States attorneys stationed throughout the tleman from Wisconsin (Mr. SENSEN- thanks of the Department of Justice. United States, Puerto Rico, the Virgin Is- BRENNER) each will control 20 minutes. Second, the Department has played lands, Guam, and the Northern Mariana Is- The Chair recognizes the gentleman an important role in protecting Ameri- lands, serving as the Nation’s principal liti- from Tennessee. cans from acts of terrorism, whether

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.039 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4547 foreign or domestic. Since the terrorist I reserve the balance of my time. TRIOT Act has contributed to the pre- attacks at the World Trade Center in Mr. SENSENBRENNER. Mr. Speak- vention of another large-scale terrorist 1993 and at the Federal Building in er, I yield myself such time as I may attack on American soil. Oklahoma City in 1995 and the attacks consume. The Justice Department has also on September 11, it’s been the Depart- Mr. Speaker, I rise today to com- made a commitment to protect Ameri- ment’s highest priority to prosecute memorate the 140th anniversary of the cans residing in areas riddled with gun and bring to justice perpetrators of ter- Department of Justice. The Judiciary and gang violence. It responded to the rorism. Act of 1789, which was passed by the significant increase in the number of However, it is important that, in its First Congress and signed into law by firearms-related crimes in small geo- effort to combat terrorism, the Depart- President George Washington, created graphic areas by creating the Violent ment is equally vigilant in upholding the office of Attorney General, which Crime Impact Team initiative. justice and in observing the constitu- eventually became the chief law en- b 1345 tional rights of Americans that it is re- forcement officer of the Federal Gov- sponsible for enforcing. This means a ernment. Since 2004, it has arrested more than commitment to due process and trans- The Department of Justice began its 14,000 gang members, drug dealers, fel- parency, even in the most difficult sit- work on July 1, 1870, through an act of ons in possession of firearms, and other uations. It also means Congress must Congress, with the Attorney General at violent criminals, including more than be steadfast in its commitment to con- its head. Since then, the Department 2,800 who have been identified as the sistent and thorough oversight. has evolved into the world’s largest law ‘‘worst of the worst’’ criminals. Third, the Department has taken on office and the central agency for the I applaud the work of the Depart- an increasingly active role in helping enforcement of Federal law. ment of Justice in its efforts to defend to secure public safety in its 140-year Today, the Department strives to the American people and to administer history. Notably, the Department’s ef- meet four goals in its pursuit of jus- justice while respecting and ensuring forts to support community-based pro- tice: First, protecting the public the rights and dignity entitled to all. grams have seen dramatic success. For against foreign and domestic threats; I encourage my colleagues to support example, the Office of Violence Against second, ensuring the fair administra- House Resolution 1422. Women is charged with providing nation of justice in accordance with the Mr. SMITH of Texas. Mr. Speaker, I support tional leadership in reducing domestic provisions of the Constitution; third, House Resolution 1422 to honor the Depart- violence through the implementation assisting both State and local law en- ment of Justice on the occasion of its 140th of the Violence Against Women Act. forcement agencies; and, fourth, de- anniversary. Through 19 Violence Against Women fending the United States and its for- In 1870 Congress passed the ‘‘Act to Estab- Act grant programs, the Department is eign interests. lish the Department of Justice.’’ President helping to develop the Nation’s capac- Over the past decade, the Depart- Ulysses S. Grant signed the bill into law on ity to reduce domestic violence, dating ment has made significant efforts to June 22, 1870, and the Department of Justice violence, sexual assault, and stalking, protect the children of America. In officially began operations on July 1, 1870. strengthening services to victims and 2006, through the Adam Walsh Child The Office of the Attorney General, created holding offenders accountable, most Protection and Safety Act, the Depart- by the ‘‘Judiciary Act of 1789,’’ was in need of important work in preserving the in- ment of Justice created a national sex more attorneys after the Civil War. tegrity of women and our commitment offender registry to better protect chil- The 1870 Act met this need by creating the to individual freedoms. Department of Justice to oversee federal law In fiscal year 2009, the Office of Vio- dren by organizing sex offenders into enforcement as well as criminal prosecutions lence Against Women made nearly 1,100 three tiers. The act also created a na- and civil suits in which the United States has awards. These grants have helped en- tionwide DNA database and allows law able communities to develop coordi- enforcement to monitor dangerous sex an interest. The Act also created the Office of nated responses to domestic violence, offenders through the use of GPS tech- the Solicitor General. sexual assault, and stalking—no trivial nology. While the 1870 Act still remains the founda- matters, Mr. Speaker. The grants have Recognizing the dangers of tech- tion on which the Department of Justice helped communities bring together nology-assisted exploitation crimes stands, the structure of the Department of Jus- dedicated individuals and advocates against children, the Department of tice has changed over the past 140 years. from diverse backgrounds to share in- Justice launched Project Safe Child- Today the Department of Justice comprises formation and to use their distinct hood, an effort that resulted in record seven litigating divisions and 93 United States roles to improve community responses numbers of arrests and prosecutions of attorneys and thousands of assistant United to violence against women. individuals seeking to commit sexual States attorneys who enforce our civil and In addition, the Department’s Office crimes against children. criminal laws, including tax, environmental, of Community Oriented Policing Serv- The AMBER Alert system, a Depart- and immigration laws, and defend the United ices, also known as the COPS Office, ment of Justice directive, works to States from claims. has promoted public safety through protect and save the lives of abducted The Department also oversees a number of local investments, where police are in- children. Since the expansion of the federal law enforcement agencies, including volved in the community and show system in 2003, more than 500 missing the Federal Bureau of Investigation, the Drug that policemen are the friends, and get or exploited children have been safely Enforcement Administration, the Marshals a hold in the community to bring recovered. Alerts are broadcast over Service, the Bureau of Alcohol, Tobacco, Fire- about public safety. The COPS program the Internet, television and radio pro- arms, and Explosives, and the Federal Bureau promotes this community policing by gramming, electronic highway signs, of Prisons. funding efforts by State and local au- lottery tickets, and text messaging. Among recent examples of the Depart- thorities intended to put law enforce- Shortly after the September 11 at- ment’s work, we could look to the Bureau of ment professionals where they are tack, I introduced the USA PATRIOT Alcohol, Tobacco, Firearms, and Explosives’ most needed—on the streets. That way Act, which afforded the Department of establishment of the Violent Crime Impact they can build mutually beneficial re- Justice new tools to detect and prevent Team (VCIT) initiative in 2004. Since then, lationships with the people they serve, terrorism, organized crime, and drug more than 14,000 violent criminals were ar- have a rapport that’s necessary. trafficking. The provisions of the act rested, including gang members, drug dealers, In closing, I would like to thank my updated laws to reflect new threats and and felons in possession of firearms. colleague, Mr. JAMES SENSENBRENNER, new technologies, facilitate better co- The Department is also combating gang and for introducing this resolution. I urge operation amongst government agen- gun violence through programs like ‘‘Project my colleagues to support this impor- cies, and updated and increased pen- Safe Neighborhoods.’’ Since its inception in tant resolution. I couldn’t let this reso- alties for convicted terrorists. Since 2001, $2 billion has been committed to lution go by without remembering the act’s passage in October 2001, the ‘‘Project Safe Neighborhoods.’’ Funding has former U.S. Attorney Robert F. Ken- numbers of terrorist convictions and been used to hire new prosecutors, support in- nedy, one of my heroes, who headed the prosecutions by U.S. attorneys have vestigators, and promote community outreach Department of Justice. soared. Make no mistake, the USA PA- and education.

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K16JN7.069 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4548 CONGRESSIONAL RECORD — HOUSE June 16, 2010 In another area of great interest, during the The Clerk read the title of the resolu- preneurship, and constantly improve past decade the Department secured approxi- tion. the skill base of our workforce. We be- mately 1,300 convictions for financial crimes. The text of the resolution is as fol- lieve that the evolving demands of the The Department has also been successful lows: global economy make education vital in combating crimes against children, drug H. RES. 879 to sustainable social and economic suc- trafficking, and counterterrorism efforts. Whereas the National Education Associa- cess. We also believe that education is In 2006 the Department introduced ‘‘Project tion has designated November 14 through No- a fundamental human right and is the Safe Childhood’’ to combat predators who use vember 20, 2010, as the 89th annual observ- single most important investment in the Internet to sexually exploit our children. ance of American Education Week; the future of individuals, communities, Along with the FBI’s ‘‘Innocent Images Na- Whereas public schools are the backbone of the Nation, and the world. We in Con- tional Initiative,’’ programs like these help the Nation’s democracy, providing young gress and we as a Nation must make it break up networks of online pedophiles and people with the tools they need to maintain one of our highest priorities. rescue children who are victims of sexual ex- the Nation’s precious values of freedom, ci- vility, and equality; H. Res. 879 was introduced by our col- ploitation. Whereas by equipping young people in the league, the gentleman from Idaho, Rep- With regard to drug trafficking, just this United States with both practical skills and resentative WALTER MINNICK, on Octo- month the Department’s ‘‘Project Deliverance’’ broader intellectual abilities, public schools ber 29, 2009. The measure was referred resulted in more than 2,200 arrests and the give them hope for, and access to, a produc- to the Committee on Oversight and seizure of approximately 74 tons of drugs and tive future; Government Reform, which ordered it $154 million. This was the result of a 22- Whereas people working in the field of pub- reported by unanimous consent on May month operation. The Drug Enforcement Ad- lic education, be they teachers, higher edu- 6, 2010. The measure has the support of cation faculty and staff, custodians, sub- ministration has been instrumental in bringing over 70 Members of the House. to justice those organizations and principal stitute educators, bus drivers, clerical workers, food service professionals, workers in I thank the gentleman from Idaho for members responsible for the manufacture and skilled trades, health and student service introducing this measure. distribution of illicit drugs throughout the workers, security guards, technical employ- And I’d also like to thank Chairman United States. ees, or librarians, work tirelessly to serve TOWNS and Ranking Member ISSA for Finally, the Department has played a key children and communities throughout the their support for the bill. role in a number of operations to protect Nation with care and professionalism; and I urge my colleagues to support this Americans from terrorist threats. The passage Whereas public schools are community measure. of the Patriot Act in 2001, its reauthorization in linchpins, bringing together adults, children, I reserve the balance of my time. 2005, and various other counter-terrorism educators, volunteers, business leaders, and Mr. CHAFFETZ. Madam Speaker, I tools have proven helpful toward this end. elected officials in a common enterprise: Now, therefore, be it yield myself such time as I may con- This resolution commends the work of the Resolved, That the House of Representa- sume. men and women in the Department of Justice tives— I rise in support of House Resolution who pursue and have pursued the administra- (1) supports the goals and ideals of Amer- 879, supporting the goals and ideals of tion of justice for the people of the United ican Education Week; and American Education Week. States. The essence of democracy is the rule (2) encourages the people of the United Thousands of teachers in our country of law. The Department of Justice hopefully States to observe National Education Week inspire our young children to want to stands as a defender of the rule of law. by reflecting on the positive impact of all learn and to teach them the vital skills I urge my colleagues to join me in sup- those who work together to educate they need both to succeed in their fu- children. porting this resolution. ture careers and in their lives. We also Mr. SENSENBRENNER. I yield back The SPEAKER pro tempore. Pursu- cannot forget about the librarians, the the balance of my time. ant to the rule, the gentlewoman from cafeteria staff, the coaches, the jani- Mr. COHEN. I want to thank Mr. California (Ms. WATSON) and the gen- tors, the bus drivers, the crossing SENSENBRENNER for bringing this im- tleman from Utah (Mr. CHAFFETZ) each guards, the administrators, all those portant resolution honoring the De- will control 20 minutes. employees who dedicate their time, ef- partment of Justice, and I should have The Chair recognizes the gentle- fort and talents in order to make sure earlier thanked Mr. SMITH and Mr. woman from California. that our kids are enjoying a safe envi- SENSENBRENNER each for their work on GENERAL LEAVE ronment and that they’re welcomed the NAACP resolution. Ms. WATSON. Madam Speaker, I ask into the classrooms and that they truly I have no further requests for time, unanimous consent that all Members learn. and I yield back the balance of my may have 5 legislative days in which to Teachers simply do not receive the time. revise and extend their remarks. gratitude that they deserve. Most peo- The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Is there ple can remember that one teacher who RICHARDSON). The question is on the objection to the request of the gentle- inspired them in some way and urged motion offered by the gentleman from woman from California? them to explore a subject further. Tennessee (Mr. COHEN) that the House There was no objection. Many of us simply would not have the suspend the rules and agree to the reso- Ms. WATSON. Madam Speaker, I same lives or careers without a special lution, H. Res. 1422. yield myself such time as I may con- The question was taken. teacher to guide us. sume. The SPEAKER pro tempore. In the For me, that was Mr. Kobiashi in the Madam Speaker, on behalf of the opinion of the Chair, two-thirds being fifth grade, who really inspired me to House Committee on Oversight and in the affirmative, the ayes have it. have a true appreciation for the envi- Mr. COHEN. Madam Speaker, on that Government Reform, it is my great ronment and a true understanding of I demand the yeas and nays. privilege to rise in support of H. Res. our oceans and all the living creatures The yeas and nays were ordered. 879. This measure encourages the peo- and just inspired me to be a better per- The SPEAKER pro tempore. Pursu- ple of the United States to observe Na- son. I still remember him to this day ant to clause 8 of rule XX and the tional Education Week by reflecting on and can’t thank him enough for the Chair’s prior announcement, further the positive impact of all those who service and the thousands of untold proceedings on this motion will be work together to educate America’s lives that he had touched along the postponed. children. American Education Week way. f spotlights the importance of providing Those are special people, and they every child in America with a quality ought to be recognized for their efforts, SUPPORTING AMERICAN public education from kindergarten and while I know that this resolution EDUCATION WEEK through college and the need for every- is important, they truly get the satis- Ms. WATSON. Madam Speaker, I one to do his or her part in making faction that they deserve and that they move to suspend the rules and agree to public schools great. need by inspiring those young people the resolution (H. Res. 879) supporting Madam Speaker, America’s success throughout our country. the goals and ideals of American Edu- in the 21st century will be determined Yet for all the effort and tireless cation Week, as amended. by our ability to innovate, foster entre- hours the teachers put in every single

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.045 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4549 day, we oftentimes forget to thank I commend President Obama, I com- I would like to share a quote from Mr. Wil- them formally as well. As a country, mend Chairman MILLER and my col- liam Arthur Ward who said ‘‘The mediocre we need to do more to thank teachers leagues for making historic invest- teacher tells. The good teacher explains. The and educators for their hard work and ments in education and for ensuring superior teacher demonstrates. The great service to America’s youth. accessibility and affordability in high- teacher inspires.’’ I agree with Mr. Ward about Madam Speaker, I urge my col- er education with the enactment of the the incredible difference a great teacher can leagues to support this resolution. Health Care and Education Reconcili- make in a child’s life. It is in the classroom en- American Education Week gives us the ation Act of 2010. vironment that an educator can best lay a opportunity to take a week to think I urge my colleagues and our Nation solid foundation in children’s lives by instilling about and thank all the educators for to observe American Education Week the values of determination and diligence with- their work. Hopefully this week will and the invaluable contributions of our in them. Quality education is thus an essential also inspire all Americans to think Nation’s educators. You all make a element to opening the door to a bright future about the work that educators do, not world of difference in the lives of our for our country. just during American Education Week students and families. I thank you. Madam Speaker, in celebrating American but every day, so that we begin to give Mr. CHAFFETZ. Madam Speaker, I Education Week, we stand to acknowledge teachers and educators the thanks and have no further requests for time, and and celebrate the true importance of a fine appreciation that they truly deserve; I yield back the balance of our time. education. During the week of November 14– and that, in each individual commu- Ms. WATSON. I yield 2 minutes to November 20, I encourage my colleagues in nity, those people, those parents and the gentleman from Idaho (Mr. Congress and all Americans to please take the others affected in the community, MINNICK). the time to appreciate the people who have Mr. MINNICK. Madam Speaker, I support their teachers, the educators made a difference in educating children across thank the gentlewoman from Cali- and all the support staff, and all the the nation, especially the local educators in fornia and extend her an invitation to moving parts that make these things Georgia’s 4th District. I would like to person- happen so they can truly feel the love come to Idaho anytime. Madam Chair, you’d be a good addi- ally thank the school board members, adminis- and support of a Nation and make that tion. trators, teachers, librarians, counselors, par- environment the very best environ- Madam Speaker, I rise in support of ents, substitute teachers, custodians, bus driv- ment it can be for our kids to learn. House Resolution 879, celebrating the ers, cafeteria workers, and staff members who Madam Speaker, I reserve the bal- goals and ideals of American Education have devoted their lives to educating the youth ance of my time. Week. Public schools are the backbone of my district. Ms. WATSON. Madam Speaker, I of America’s democracy and the key to I truly appreciate the important difference yield 3 minutes to the gentleman from our continuing competitiveness in a that educators make in children’s lives through Texas, Representative RUBE´ N 21st century global economy. their dedication and tireless effort. I encourage HINOJOSA. In 2010, the 89th American Education my colleagues to join me in expressing their Mr. HINOJOSA. I rise today in sup- Week will take place November 14 to appreciation for all educators in the nation dur- port of H. Res. 879. I want to thank the November 20. Each day will spotlight ing American Education Week by supporting National Education Association, NEA, the importance of providing every this important resolution. and its 3.2 million members for desig- child in America with a quality public Ms. WATSON. Madam Speaker, I nating November 15 through November education from pre-K through college. urge my colleagues to join me in sup- 21 as American Education Week. As Federal legislators, we must con- porting this measure, and I yield back I also wish to acknowledge and thank tinue to support American public edu- the balance of my time. Representative MINNICK from Idaho for cation and make it the very best in the The SPEAKER pro tempore. The introducing this important resolution, world. Dedicated American educators, question is on the motion offered by and I thank the gentlelady from Cali- teachers, principals, administrators, the gentlewoman from California (Ms. fornia for giving me time to speak. and their trade organizations work WATSON) that the House suspend the As subcommittee chairman for High- tirelessly to serve students and com- rules and agree to the resolution, H. er Education, Lifelong Learning and munities throughout the Nation with Res. 879, as amended. Competitiveness, I congratulate all of care and professionalism. The question was taken. our teachers, higher education faculty American Education Week celebrates The SPEAKER pro tempore. In the and staff, custodians, substitute edu- the effort and achievements of these opinion of the Chair, two-thirds being cators, bus drivers, clerical workers, dedicated professionals and encourages in the affirmative, the ayes have it. food service professionals, workers in community, parental and elected gov- Ms. WATSON. Madam Speaker, I ob- skilled trades, health and student serv- ernment official involvement in our ject to the vote on the ground that a ices workers, security guards, tech- public schools. quorum is not present and make the nical employees, and librarians for point of order that a quorum is not b 1400 working tirelessly on behalf of our present. children, parents, and communities. As a parent of four children, all of The SPEAKER pro tempore. Pursu- Our Nation’s public schools and col- whom benefited from an outstanding ant to clause 8 of rule XX and the leges and universities continue to be public school education, I have wit- Chair’s prior announcement, further the great equalizer and the backbone of nessed firsthand the extraordinary proceedings on this motion will be American democracy. They open the lengths to which our hardworking postponed. doors of opportunity to millions of teachers go in helping American youth The point of no quorum is considered graduates every year. to learn. I applaud the nearly 15,000 withdrawn. In order to access family-sustaining teachers and thousands of support staff jobs in our economy, it is imperative in Idaho and those throughout this f that all children, all youth and adults great Nation who devote their profes- COMMENDING THE HOLLYWOOD receive a high quality education and sional lives to ensuring our children WALK OF FAME ON ITS 50TH AN- are equipped with 21st century skills to are equipped with the skills, knowledge NIVERSARY thrive in our Nation’s economy. and work ethic required to succeed in As our Nation strives to build a 21st century America. Ms. WATSON. Madam Speaker, I world-class educational system, in- Let’s all enthusiastically endorse move to suspend the rules and agree to crease graduation rates at all levels, American Education Week. I urge my the resolution (H. Res. 1357) com- and improve literacy for adult learners, colleagues to support this resolution mending and congratulating the Holly- we must recognize our teachers, our and recognize the efforts and sacrifices wood Walk of Fame on the occasion of principals, our faculty, and school per- of America’s educators. its 50th anniversary. sonnel for their professionalism and ex- Mr. JOHNSON of Georgia. Madam Speaker, The Clerk read the title of the resolu- traordinary commitment to care for I rise today to express my strong support for tion. and educate our children, youth, and H. Res. 879 supporting the goals and ideals of The text of the resolution is as fol- adults for a 21st century workforce. American Education Week. lows:

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.073 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4550 CONGRESSIONAL RECORD — HOUSE June 16, 2010 H. RES. 1357 Whereas Johnny Grant was the chairman came up with the idea of creating the Whereas the Hollywood Walk of Fame is a of the Walk of Fame Committee from 1980 Hollywood Walk of Fame as a tribute tribute to those who have significantly con- until his death in January 2008; to the industry, and on March 28, 1960, tributed to the entertainment industry; Whereas it was through Johnny Grant’s filmmaker Stanley Kramer was award- Whereas E.M. Stuart, who served as the work that the Hollywood Walk of Fame turned into an international icon; ed the first star. Fifty years later, an volunteer president of the Hollywood Cham- average of two stars are added each ber of Commerce in 1953, is credited with cre- Whereas in 1984, under Johnny Grant’s ating the idea of the Hollywood Walk of leadership, a fifth category of star, live the- month, and the Walk of Fame has be- Fame; ater, was added to allow individuals who ex- come one of the top visitor attractions Whereas the Hollywood Walk of Fame was celled in all types of live performance to be in the City of Los Angeles and also a established to maintain the glory of a com- considered for stars in the Hollywood Walk destination in the United States. munity whose name means glamour and ex- of Fame; I was proud to submit H. Res. 1357 to citement in the four corners of the world; Whereas when constructed the Hollywood recognize this important cultural land- Walk of Fame was designed to accommodate Whereas in January 1956 the plans for the mark, and I urge my colleagues to vote Hollywood Walk of Fame were submitted to 2,518 stars and by the 1990s space in the most popular areas was difficult to find; in support of the resolution. the Los Angeles City Council; Madam Speaker, I reserve the bal- Whereas the Los Angeles City Council em- Whereas Johnny Grant approved the cre- braced the idea of the Hollywood Walk of ation of a second row of stars in the Holly- ance of my time. Fame, and subsequently instructed the wood Walk of Fame that would alternate Mr. CHAFFETZ. Madam Speaker, I Board of Public Works to prepare the engi- with existing stars; yield myself such time as I may con- neering specifications for the Hollywood Whereas, on February 1, 1994, the Holly- sume. Walk of Fame and to create the necessary wood Walk of Fame was extended one block Madam Speaker, I need to stand in assessment district to pay for the improve- to the west from Sycamore Avenue to La opposition to this. Certainly, the Hol- ments associated with the Hollywood Walk Brea Avenue on Hollywood Boulevard; Whereas, on February 1, 1994, Sophia Loren lywood Walk of Fame has provided en- of Fame; joyment for untold numbers of people. Whereas the Hollywood Chamber of Com- was honored with the 2,000th star in the Hol- merce established the Hollywood Improve- lywood Walk of Fame; It’s a great destination. Hollywood is ment Association to work with the City of Whereas the Hollywood Walk of Fame is a certainly a unique treasure that is Los Angeles in creating the Hollywood Walk top visitor attraction in the City of Los An- unique to the United States of America of Fame; geles; and and specifically southern California. Whereas, while the City of Los Angeles Whereas today an average of two stars are To my colleagues who whole- worked on the creation of the assessment added to the Hollywood Walk of Fame each heartedly support and endorse and district between May 1956 and the fall of 1957, month: Now, therefore, be it stand behind this resolution, maybe the Hollywood Improvement Association Resolved, That the House of Representa- tives commends and congratulates the Holly- I’m a wet bucket of water on a parade; worked on selecting the individuals to be but I’ve got to tell you, I just don’t feel honored by placement of a star in the Holly- wood Walk of Fame on the occasion of its wood Walk of Fame; 50th anniversary. like it’s the proper role of the United Whereas four categories of stars were es- The SPEAKER pro tempore. Pursu- States Congress to recognize the Holly- tablished to represent four aspects of the en- ant to the rule, the gentlewoman from wood Walk of Fame on its 50th anniver- tertainment industry: motion picture, tele- California (Ms. WATSON) and the gen- sary. vision, recording, and radio; tleman from Utah (Mr. CHAFFETZ) each There are plenty of ways to recognize Whereas, on August 15, 1958, the Hollywood will control 20 minutes. and to thank and congratulate the Chamber of Commerce and the City of Los The Chair recognizes the gentle- stars of Hollywood and the impact that Angeles unveiled eight stars on Hollywood woman from California. they’ve had on the American ideal and Boulevard at Highland Avenue to dem- GENERAL LEAVE onstrate what the Hollywood Walk of Fame the American entertainment industry. would look like; Ms. WATSON. Madam Speaker, I ask I just don’t feel like it’s the proper role Whereas these eight stars honored Olive unanimous consent that all Members of the United States Congress to do Borden, Ronald Colman, Louise Fazenda, may have 5 legislative days to revise this, with all due respect. Recognizing Preston Foster, Burt Lancaster, Edward and extend their remarks and include educators, absolutely. We’re about to Sedgwick, Ernest Torrence, and Joanne extraneous material on the resolution recognize Flag Day, of course. Holly- Woodward; under consideration. wood Walk of Fame? Maybe not so Whereas, on February 8, 1960, construction The SPEAKER pro tempore. Is there much. began on the Hollywood Walk of Fame; objection to the request of the gentle- So with all due respect to the 50-plus Whereas, on March 28, 1960, the first star, woman from California? awarded to Stanley Kramer, was laid in the colleagues on both sides of the aisle There was no objection. that have supported this resolution, I, Hollywood Walk of Fame; Ms. WATSON. Madam Speaker, I rise Whereas, on November 23, 1960, the Holly- for one, as a Representative of the in strong support of this resolution, wood Walk of Fame was dedicated in con- United States Congress, simply cannot and I yield myself such time as I may junction with the Hollywood Christmas Pa- stand here and voice my support that rade; consume. Madam Speaker, I am grateful for this is a good use of the Congress’ time. Whereas the Hollywood Walk of Fame was I reserve the balance of my time. the opportunity to speak today and to not completed until the spring of 1961, at Ms. WATSON. Madam Speaker, I am which time it was accepted by the Board of vote for H. Res. 1357, a bill I introduced now proud to yield such time as he Public Works and contained 1,558 stars; to honor one of the most well-known Whereas, on May 18, 1962, the Los Angeles historical landmarks in the world, the may consume to my good friend, my City Council approved an ordinance that Hollywood Walk of Fame. distinguished friend from the State of specified that the Hollywood Chamber of For 50 years, the Hollywood Walk of New York, Representative TOWNS. Commerce should advise the City of Los An- Fame has existed as a tribute to those Mr. TOWNS. I would like to thank geles in all matters pertaining to the addi- who have contributed to the unparal- the chair of the subcommittee for tion of stars to the Hollywood Walk of Fame; yielding time to me because I wanted Whereas, by May 21, 1975, the date on leled success of America’s entertainment industry. As the chairwoman of to respond to a couple of things that which Carol Burnett was awarded a star, a my good friend on the other side of the total of 99 stars had been added to the origi- the Congressional Entertainment In- nal Hollywood Walk of Fame; dustries Caucus and a Representative aisle said. First of all, I know him. I Whereas in 1978 the Cultural Heritage from the City of Los Angeles, I am know that he’s a very dedicated and Board of the City of Los Angeles designated uniquely aware of the role Hollywood committed human being—and of course the Hollywood Walk of Fame as Los Angeles has played in presenting the values, outstanding kicker in his day, and of Historic-Cultural Monument Number 194; the culture, and the creativity of the course set records as a kicker. I think Whereas in 1980 entertainer Johnny Grant United States to audiences around the that he probably misunderstood what was awarded a star in the Hollywood Walk of world. Across the globe, Hollywood this bill is named. It’s the Hollywood Fame; ‘‘Walk’’ of Fame. I want to make cer- Whereas after being awarded the star, means glamour and excitement, and in Johnny Grant was so enthused about the our district it also means solid jobs and tain that he understands that. And honor that he involved himself in creating a revenue. many people who have walked there memorable star ceremony for subsequent In 1953, E.M. Stuart, the president of have contributed so much to society, star recipients; the Hollywood Chamber of Commerce, contributed so much to organizations.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.028 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4551 When you look back and you see in fornia—I’ve got an amusement park in the Rosa Parks Library and Informa- terms of the contributions that these northern Utah called the Lagoon. I’m tion in Cape Town South Africa. That people have made, then I think that not coming to the United States Con- is the information center attached to my colleague would probably review it gress asking for recognition of it. our embassy, the U.S. Embassy. They and probably would withdraw his objec- Mr. TOWNS. Will the gentleman were going to close it down because tions. When you look at the amount of yield? they said the Cold War was over. money they’ve given to breast cancer, Mr. CHAFFETZ. Sure, I would be b 1415 when you look at the amount of money happy to yield. they’ve given to AIDS and all these Mr. TOWNS. When I think about the So I took 100 of America’s best and loved films, films which are loved all diseases that we need to do extensive Hollywood Walk of Fame, I think over the world, which show our prin- research on, that people that have about the man who signed the Martin ciples, our values, our beliefs, and our walked these streets and walked the Luther King Holiday bill by the name humanity, because everyone is influ- Hollywood Walk of Fame, when we of Ronald Reagan. He’s on the Holly- wood Walk of Fame. I just want the enced by our movies. think about the things that they’ve I also want to say, Madam Speaker, done, then I really feel that if he did, gentleman to know that. Mr. CHAFFETZ. Reclaiming my that, as our image has been tarnished, he would say wait a minute. I feel that our classic movies and the You know, every now and then we time, good point. I’m happy to recognize Ronald Reagan, and I appreciate people who starred in those movies, make a mistake or we say some things who have stars on the Walk of Fame, your support. I’ll bring a resolution at that we wish we had not said, and I could be recognized in other countries some point recognizing Ronald Reagan. think this is the situation now with my and could help improve our image. colleague because if you think about There’s a corner worth standing on. So I would hope that all Members, the Hollywood Walk of Fame and the Thank you, Mr. Chairman. Madam Speaker, recognize that they Look, these issues come before the contributions of the people that are represent the people of America, and I United States Congress. I think there listed on the Hollywood Walk of Fame, would hope that the Members here will then I really feel that he would join us is a time and a place to recognize sig- vote to support an industry that really in supporting this legislation. nificant achievements within the speaks to the world about our mores, On that note, I ask my good friend on United States of America. I am going our principles, our great talents, and the other side of the aisle to recon- to ask for a recorded vote on this. It our arts. It is an industry that speaks sider. will be an interesting question. proudly and distinctly to the rest of Mr. CHAFFETZ. Madam Speaker, I My point is, the economy is strug- the world. So I would hope that we yield myself such time as I may con- gling; we’ve got real issues out there. would have, really, a unanimous vote sume. Like I said, there is a time and a place on celebrating, through this resolution, Madam Speaker, Chairman TOWNS is to make these kinds of recognitions. I the Walk of Fame. one of my favorite people. I have really just don’t know that this rises to the I have no further requests for time, come to grow and appreciate him; I same level as recognizing teachers or and I reserve the balance of my time. just happen to disagree with him on nurses who hold people’s hand as they Mr. CHAFFETZ. I yield myself such this. are there in the final days of their time as I may consume. There are a lot of people on the Hol- lives. Madam Speaker, look, there are lots lywood Walk of Fame who have done There are a lot of things that I think of reasons America and the world like some amazing and great things, and for we could unanimously look at and rec- Hollywood. I just don’t believe, in my that they should be congratulated, but ognize. I, for one, don’t think that Hol- heart of hearts, that the United States not necessarily from the United States lywood needs more recognition. And Congress, in a resolution by the House Congress. There are a whole lot of peo- with all due respect, I, for one, at least of Representatives, is the right way to ple on that Walk of Fame we probably will be voting against this resolution. recognize the Hollywood Walk of shouldn’t recognize in any way, shape Madam Speaker, I reserve the bal- Fame. or form. ance of my time. From my vantage point, you cer- The point I’m trying to make is there Ms. WATSON. Madam Speaker, I tainly don’t look to the Hollywood is a certain segment of our population, yield myself such time as I may con- Walk of Fame or to Hollywood in gen- from the entertainment industry and sume. eral for the principles and values that those involved in sports, that gets Madam Speaker, I proudly come be- are representative of the United States more adulation from the public than fore this body representing the United of America. That Paul Reubens’ Pee- they could possibly take, and yet we States members from all over this wee Herman has a star on the Holly- have true heroes, real heroes who don’t country because I think Hollywood re- wood Walk of Fame is a far cry from get an ounce of appreciation from this flects who we are as a people. And I Ronald Reagan’s having a star. body that really do deserve it. heard and I am so pleased that my col- Again, I am just one voice here in The other day I was watching tele- league, Representative TOWNS, men- this body, but I’ve got to tell you, as to vision—this was just recently—and tioned that the legendary and iconic the people I represent, I’ll have a hard there was a National Guardsman who President, Ronald Reagan, has a star time going back to them, saying, You pulled around a corner—and I can’t re- on the Walk of Fame. I also want ev- know what? I did the work of the peo- member what State it was, I want to eryone listening to know, Madam ple, and I’m back there, spending the say it was the State of Washington, but Speaker, that Senator Fred Thompson, people’s money, and we recognized the I could be wrong on that. All of a sud- who was a star of a crime series over a Hollywood Walk of Fame. I just can’t den, there was a truck that had over- period of years, has a star on the Walk do it. turned in a river, and suddenly this guy of Fame and even ran for President of Again, with all due respect, there are found himself in a situation where the United States. And I want you to a lot of good Members back there, and there is somebody who is struggling for know, Madam Speaker and my col- that might be an interesting debate to his life. He and a few other people, just leagues, that Governor Arnold take the few thousand people and go citizens who woke up that morning and Schwarzenegger, The Terminator, has back and forth. I’m going to start with had no idea that they were going to be a star on the walk of fame. He is a Re- Paul Reubens, and I appreciate your the heroes that day, went down that publican and proudly serves as a Re- starting with Ronald Reagan. Some- river, they smashed open that window, publican. He represents the great State where in between is probably the right they grabbed a rope and saved this per- of California where Hollywood is. answer. son’s life. Where are the recognitions I want you to know that I recently We need to get on with the Nation’s for those true heroes? took down to South Africa, Madam business, with the debt and with the I don’t think Sophia Loren needs any Speaker, a project named after a gen- other crises that we are dealing with. more congratulations from the United tleman who was the face of Hollywood, That is my point with this, Madam States Congress. And as important as because I was told several years ago Speaker. I won’t take any more of the it is to the economy in southern Cali- that they were getting ready to close people’s time.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.081 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4552 CONGRESSIONAL RECORD — HOUSE June 16, 2010 I yield back the balance of my time. Whereas President Woodrow Wilson pro- have died serving to defend the United Ms. WATSON. Madam Speaker, I claimed the first nationwide Flag Day in States. It is a lasting symbol of their yield back the balance of my time. 1916; sacrifice. As public servants, we rightly The SPEAKER pro tempore. The Whereas in 1947, President Harry S. Tru- pledge our allegiance to the flag each man signed legislation requesting National question is on the motion offered by Flag Day be observed annually; day as do millions of Americans. the gentlewoman from California (Ms. Whereas the United States flag is a symbol As we remember who we serve here in WATSON) that the House suspend the of our great Nation and its ideals; this Chamber, the flag stands before rules and agree to the resolution, H. Whereas in times of national crisis, Ameri- the entire world as a symbol of our Res. 1357. cans look to the United States flag as a sym- shared values, our hopes, our aspira- The question was taken. bol of hope, courage, and freedom; tions, and our ideals each day of the The SPEAKER pro tempore. In the Whereas the United States flag is univer- year, and I am glad that we take this opinion of the Chair, two-thirds being sally honored; time each June to celebrate that fact. Whereas the United States flag honors the in the affirmative, the ayes have it. men and women of the Armed Forces who Madam Speaker, I reserve the bal- Ms. WATSON. Madam Speaker, I ob- have given their life in the defense of the ance of my time. ject to the vote on the ground that a United States; Mr. CHAFFETZ. Madam Speaker, I quorum is not present and make the Whereas the United States flag serves as a yield such time as he may consume to point of order that a quorum is not treasured symbol of the loss of loved ones to the sponsor of this legislation, the gen- present. the countless families of those who died in tleman from Ohio (Mr. LATTA). The SPEAKER pro tempore. Pursu- defense of our Nation; and Mr. LATTA. I thank the gentleman ant to clause 8 of rule XX and the Whereas June 14, 2010, is recognized as Flag from Utah for yielding. Day: Now, therefore, be it Madam Speaker, I am pleased to Chair’s prior announcement, further Resolved, That the House of Representa- proceedings on this motion will be tives celebrates the United States flag and stand before you today in support of postponed. supports the goals and ideals of Flag Day. House Resolution 1429. This resolution The point of no quorum is considered The SPEAKER pro tempore. Pursu- celebrates the symbol of the United withdrawn. ant to the rule, the gentlewoman from States, and it supports the goals and f California (Ms. WATSON) and the gen- ideals of Flag Day. Flag Day is celebrated on June 14, tleman from Utah (Mr. CHAFFETZ) each SUPPORTING GOALS AND IDEALS which was the anniversary of the offi- OF FLAG DAY will control 20 minutes. The Chair recognizes the gentle- cial adoption of the American flag by Ms. WATSON. Madam Speaker, I woman from California. the Continental Congress in 1777. This move to suspend the rules and agree to GENERAL LEAVE was done by the first Flag Act, which the resolution (H. Res. 1429) celebrating Ms. WATSON. Madam Speaker, I ask stated, ‘‘Resolved, that the flag of the the symbol of the United States flag unanimous consent that all Members United States be made of 13 stripes, al- and supporting the goals and ideals of may have 5 legislative days in which to ternating red and white, that the Flag Day. revise and extend their remarks. Union be 13 stars, white in a blue field, The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there representing a new constellation.’’ tion. objection to the request of the gentle- Since 1777, our flag’s design has been The text of the resolution is as fol- woman from California? altered three times under Executive or- lows: There was no objection. ders, rearranging the design of the H. RES. 1429 Ms. WATSON. I yield myself such stars and the stripes each time a State Whereas Flag Day is celebrated annually time as I may consume. was added. on June 14, the anniversary of the official Madam Speaker, H. Res. 1429 cele- To reiterate what the gentlewoman adoption of the American flag by the Conti- brates our Nation’s most enduring has stated, the first celebration of Flag nental Congress in 1777; symbol: the American flag. With this Day is believed to have been introduced Whereas, on June 14, 1777, in order to es- resolution, this Chamber expresses its by Bernard Cigrand, a Wisconsin tablish an official flag for the new Nation, support for the annual recognition of schoolteacher, who arranged for his the Continental Congress passed the first Flag Day. students at Stony Hill School to cele- Flag Act, which stated, ‘‘Resolved, That the The gentleman from Ohio, Represent- brate June 14 as Flag Birthday in 1885. flag of the United States be made of thirteen President Woodrow Wilson pro- stripes, alternate red and white; that the ative ROBERT LATTA, introduced H. union be thirteen stars, white in a blue field, Res. 420 on June 9, 2010. It was referred claimed the first nationwide Flag Day representing a new Constellation’’; to the Committee on Oversight and in 1916. In 1947, President Harry Tru- Whereas the second Flag Act, signed Janu- Government Reform, which waived man signed legislation requesting Na- ary 13, 1794, provided for 15 stripes and 15 consideration of the bill to expedite its tional Flag Day be observed annually. stars after May 1795; consideration on the floor today. Flag Day is an important holiday as Whereas the Act of April 4, 1818, which pro- We celebrate Flag Day on June 14, our flag is the official symbol for our vided for 13 stripes and one star for each the anniversary of the Continental great Nation and its ideals. Our flag State, to be added to the flag on July 4 fol- Congress’ passage of the first Flag Act serves as a beacon of hope, courage, lowing the admission of each new State, was signed by President James Monroe; in 1777. The flag is our symbol—a sym- and freedom during times of crisis and Whereas in an Executive order dated June bol of hope, courage, and freedom. All triumph alike. 24, 1912, President William Howard Taft es- around the world, it represents the The flag honors the men and women tablished the proportions of the flag and pro- American people and our highest of the Armed Forces who have paid the vided for arrangement of the stars in 6 hori- ideals. We, the people, have always ultimate sacrifice in defending the zontal rows of 8 each, a single point of each looked to our flag as a symbol of hope, United States, and it serves as a sym- star to be upward; courage, and freedom, and for over 100 bol to those families who have lost Whereas in an Executive order dated Janu- years, we have celebrated it each June. loved ones while defending our Nation. ary 3, 1959, President Dwight D. Eisenhower provided for the arrangement of the stars in As stated in this bill, the first cele- Madam Speaker, it is with great 9 rows staggered horizontally and 11 rows of bration of the American flag is be- honor that I ask for unanimous consent stars staggered vertically; lieved to have been introduced by Ber- on H. Res. 1429 as we celebrate our Na- Whereas the first celebration of the Amer- nard Cigrand, a Wisconsin school- tion’s flag. ican flag is believed to have been introduced teacher, who arranged for his pupils to Ms. WATSON. I yield myself such by Bernard Cigrand, a Wisconsin school celebrate June 14 as Flag Day in 1885. time as I may consume. teacher, who arranged for his pupils at Stony In 1947, President Truman signed legis- Madam Speaker, each one of our Hill School in Waubeka to celebrate June 14 lation requesting that Flag Day be ob- States proudly flies its own flag, but as ‘‘Flag Birthday’’ in 1885; the flag that reigns supreme flies above Whereas, on June 14, 1894, the Governor of served nationally each year, for- New York ordered that the American flag be malizing the tradition of annual Flag ours. In each one of our offices here in displayed at all public buildings in the State, Day celebrations. the Capitol, we have the flags from our prompting many State and local govern- The flag honors the countless men States or from our territories and the ments to begin observing Flag Day; and women of the Armed Forces who flag of the United States.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.084 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4553 I proudly say that the flag of Cali- the gentlewoman from California (Ms. (4) The requirements of the Government fornia has a bear on it because we are WATSON) that the House suspend the Performance and Results Act of 1993 have the last frontier, and the strength of rules and agree to the resolution, H. produced an infrastructure of outcome-ori- the bear represents the strength of our Res. 1429. ented strategic plans, performance measures, State. Also, current Governor Arnold The question was taken. and accountability reporting that serve as a Schwarzenegger is one of those who The SPEAKER pro tempore. In the solid foundation for agencies working with Congress to achieve long-term strategic serves under the California flag, and he opinion of the Chair, two-thirds being goals and improve the performance of Fed- has his star on the Walk of Fame. in the affirmative, the ayes have it. eral programs; use of those plans and reports So I am so proud that the flag that Ms. WATSON. Madam Speaker, on to improve outcomes has, however, been lim- the Speaker stands in front of in this that I demand the yeas and nays. ited. Chamber and that adorns this Chamber The yeas and nays were ordered. (5) Congressional policy making, spending is the flag that we celebrate. Every sin- The SPEAKER pro tempore. Pursu- decisions, and program oversight have been gle American and every single person ant to clause 8 of rule XX and the handicapped by insufficient attention to pro- who lives in our country pays homage Chair’s prior announcement, further gram performance and results. to our flag by flying it high. proceedings on this motion will be (6) While improvements have been made in I again urge all of my colleagues, postponed. the development of outcome-oriented stra- Madam Speaker, to join me in sup- f tegic plans, performance measures, and ac- porting this measure. countability reporting for individual pro- 1430 I reserve the balance of my time. b grams, progress is still needed to ensure that Mr. CHAFFETZ. I yield myself such GOVERNMENT EFFICIENCY, EF- agency leaders, employees, and delivery time as I may consume. FECTIVENESS, AND PERFORM- partners regularly use performance informa- All right. Now, this bill is actually ANCE IMPROVEMENT ACT OF 2010 tion to improve the effectiveness and effi- something I can get excited about and ciency of government operations and to com- Ms. WATSON. Madam Speaker, I municate performance information coher- that I’m sure we can be in unison on. move to suspend the rules and pass the ently and candidly to inform congressional So I hope Chairman TOWNS, wherever bill (H.R. 2142) to require the review of decision-making in conducting program au- he might be, hears that loud and clear. Government programs at least once thorization, appropriation, and oversight. Madam Speaker, I rise today in sup- every 5 years for purposes of assessing (7) Regular performance assessments, com- port of House Resolution 1429, cele- their performance and improving their plemented by periodic assessments of Fed- brating the symbol of the United operations, and to establish the Per- eral programs, provide critical information States flag and supporting the goals formance Improvement Council, as on whether programs are achieving specific and ideals of Flag Day. amended. performance objectives, help Congress and The American flag has been our na- The Clerk read the title of the bill. the executive branch identify the most press- tional symbol for 233 years, and it re- The text of the bill is as follows: ing policy and program issues, and determine mains a symbol of freedom wherever it if specific legislative, operational, financial, H.R. 2142 is flown. Since 1777, when the Second or strategic reforms are needed to increase Continental Congress adopted the Be it enacted by the Senate and House of Rep- program effectiveness and efficiency. resentatives of the United States of America in (8) Programs performing similar or dupli- Stars and Stripes, our flag has stood Congress assembled, for liberty and justice. cative functions within a single agency or SECTION 1. SHORT TITLE; TABLE OF CONTENTS. across multiple agencies should be identified Flag Day was first celebrated (a) SHORT TITLE.—This Act may be cited as and their performance and results shared throughout the country in 1885, as one the ‘‘Government Efficiency, Effectiveness, among all such programs to improve coordi- early supporter, Bernard Cigrand, a and Performance Improvement Act of 2010’’. nation or possible consolidation and, ulti- Wisconsin schoolteacher, wanted June (b) TABLE OF CONTENTS.—The table of con- mately, performance and results. 14 to be known as ‘‘Flag Birthday.’’ tents for this Act is as follows: (9) The performance reporting require- The idea quickly caught on, and many Sec. 1. Short title; table of contents. ments of the Government Performance and people wanted to participate. In 1894, Sec. 2. Findings and purposes. Results Act of 1993, along with individual the Governor of New York asked that Sec. 3. Agency defined. performance and accountability reporting all public buildings fly the flag on June Sec. 4. Sense of Congress regarding the need requirements contained in legislation, are in for increased consultation be- some cases redundant, and steps should be 14 to begin observing Flag Day. In 1916, tween Congress and Federal taken to eliminate duplicative performance President Woodrow Wilson proclaimed agencies on performance man- policies and to streamline outdated and un- Flag Day as a national celebration. agement issues. used reports. However, the holiday was not officially Sec. 5. Performance assessments. recognized until 1949 when President Sec. 6. Strategic planning amendments. (b) PURPOSES.—The purposes of this Act Harry Truman signed the National Sec. 7. Improving Government performance. are as follows: Flag Day bill. Sec. 8. Assessments and reports. (1) To improve the Government Perform- Since the beginning of our Republic, Sec. 9. Additions to performance plan. ance and Results Act of 1993 by imple- Sec. 10. Savings. Americans have flown the flag to show menting performance assessment processes Sec. 11. Funding. that seek to assess Federal programs on a their appreciation and pride for this SEC. 2. FINDINGS AND PURPOSES. great Nation. Every day, Americans periodic basis with a particular focus on the (a) FINDINGS.—Congress finds the fol- following: pledge their allegiance to the flag, and lowing: (A) Identification by agency leaders of our troops carry the flag as they defend (1) Weaknesses in established management clear priorities and setting of outcome-fo- the liberties for which it stands. On processes pertaining to the use of informa- cused, measurable, ambitious targets for Flag Day, we remember the importance tion about the performance of Federal agen- those priorities. of our oldest national symbols, and we cies undermine the confidence of the Amer- (B) Regular goal-focused, data driven per- reflect on the loss of loved ones who ican people in the Government and reduce formance assessments to measure progress the Federal Government’s ability to ade- died in defense of our Nation. and adjust strategies. quately address public needs. (C) Accountability expectations that en- Let us pledge allegiance to this flag, (2) To restore the confidence of the Amer- courage managers to innovate, informed by to declare our patriotism and to raise ican people in its Government and to in- its colors high to express our pride and crease the Federal Government’s ability to evidence and analysis of experience. respect for the American way of life adequately address vital public needs, the (D) Transparent, coherent, and candid and for the freedom that it represents. Federal Government must continually seek communication of results. Madam Speaker, I urge my col- to improve the effectiveness, efficiency, and (2) To use relevant performance and related information to help agencies make in- leagues to support this resolution, and accountability of Federal programs. (3) With the passage of the Government formed management decisions, improve the I yield back the balance of my time. effectiveness of agency and program oper- Ms. WATSON. Madam Speaker, I Performance and Results Act of 1993, Con- gress directed the executive branch to seek ations (particularly for those programs, have no further requests for time, and improvements in the performance and ac- projects, and activities that are deemed I yield back the balance of my time. countability of Federal programs by having poorly performing), and submit funding re- The SPEAKER pro tempore. The agencies focus on strategic objectives and quests based on evidence and other relevant question is on the motion offered by annual results. information.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.085 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4554 CONGRESSIONAL RECORD — HOUSE June 16, 2010 (3) To provide congressional policy makers ment and Budget, shall, not less often than any adjustment of goals under paragraph (3), with information needed to conduct more ef- quarterly for high-priority goals identified and any changes to goals required by the Of- fective oversight and assist in the improve- in subsection (a), and on a semi-annual basis fice of Management and Budget. ment of agency operations, and to make per- for performance goals established pursuant ‘‘(e) TRANSPARENCY OF PERFORMANCE RE- formance-informed and results-based author- to section 1115(a)(1) of this title— SULTS.—(1) The head of an agency shall en- ization and appropriation decisions that im- ‘‘(1) assess progress toward achieving the sure that all results of the assessments con- prove the effectiveness of program oper- goals identified under subsection (a) and to- ducted under this section by the agency dur- ations. ward achieving the annual performance goals ing a fiscal year shall be readily accessible (4) To establish the Performance Improve- for each program activity established pursu- to and easily found on the Internet by the ment Council as a body that will assist in ant to section 1115(a)(1) of this title; public and members and committees of Con- the development of performance measure- ‘‘(2) assess whether relevant agency progress in a searchable, machine readable for- ment and management standards and assess- grams and initiatives are contributing as ex- mat, in accordance with guidance provided ment methodologies, identify best practices pected toward the goals identified under sub- by the Director of the Office of Management in Federal performance management, facili- section (a) and the annual performance goals and Budget that ensures such information is tate the exchange of information among for each program activity established pursu- provided in a way that presents a coherent agencies on these practices, and collaborate ant to section 1115(a)(1) of this title; and picture of the performance of Federal agen- on and strengthen the effectiveness of agen- ‘‘(3) identify prospects and strategies for cies. At a minimum, the results of the as- cy performance improvement efforts. performance improvement, including any sessments conducted under this section shall (5) To establish agency performance im- needed changes to agency programs or initia- be available on the website of the Office of Management and Budget and also may be provement officers to institutionalize and tives. made available on any other website consid- enhance the strategic and performance man- ‘‘(c) PERFORMANCE ASSESSMENT REQUIRE- ered appropriate by the agency or the Direc- agement activities of Federal agencies. MENTS.—In conducting an assessment of agency progress toward achieving the goals tor. The Director shall also notify the appro- SEC. 3. AGENCY DEFINED. identified under subsection (a) and toward priate committees of Congress when quar- In this Act, the term ‘‘agency’’ means an achieving the annual performance goals for terly assessments become available on the executive agency as defined in section 306 of each program activity established pursuant Internet. title 5, United States Code. to section 1115(a)(1) of this title, the head of ‘‘(2) The performance information related SEC. 4. SENSE OF CONGRESS REGARDING THE a Federal agency, in consultation with the to the assessments of goals in this section NEED FOR INCREASED CONSULTA- Director of the Office of Management and and section 1115 of this title shall— TION BETWEEN CONGRESS AND FED- Budget, shall— ‘‘(A) include— ERAL AGENCIES ON PERFORMANCE MANAGEMENT ISSUES. ‘‘(1) coordinate with relevant personnel ‘‘(i) a brief summary of the problem or op- It is the sense of Congress that the head of within and outside the agency who con- portunity being addressed and reasons for each Federal agency should make every ef- tribute to the accomplishment of the goals; identifying these agency goals as well as key fort to consult with the committees with ju- and findings of the assessments; risdiction over the agency and other inter- ‘‘(2) encourage innovation and hold leaders ‘‘(ii) a list of each program and agency con- ested members of Congress each fiscal year and managers accountable for effective and tributing to achievement of the goal and the regarding the performance plan and prior- efficient implementation based on evidence time frame for such contributions; ities of the agency (required by sections 1115 and continuing analysis of experience. ‘‘(iii) an assessment of the quality of the ‘‘(d) TRANSPARENCY OF GOALS AND PER- and 1120 of title 31, United States Code). performance measures, and the extent to FORMANCE ASSESSMENTS.—The Director of which necessary performance data are col- SEC. 5. PERFORMANCE ASSESSMENTS. the Office of Management and Budget shall— lected; (a) REQUIREMENT FOR PERFORMANCE AS- ‘‘(1) make available, as part of the Presi- ‘‘(iv) a description of how leaders and man- SESSMENTS.—Chapter 11 of title 31, United dent’s budget submission and through the agers are held accountable for achieving pro- States Code, is amended by adding at the end Office of Management and Budget website gram results, and the extent to which strong the following new section: and other relevant websites, and provide to financial management tools are in place; ‘‘§ 1120. Performance assessments the congressional committees described in ‘‘(v) contextual indicators that provide a ‘‘(a) IDENTIFICATION OF HIGH-PRIORITY PER- subsection (i)— sense of external factors that can influence FORMANCE GOALS.—For the purpose of im- ‘‘(A) a list of goals identified under sub- performance trends related to key outcomes; proving agency performance, the head of section (a) and reviewed by the Director; ‘‘(vi) as appropriate, indicators that pro- each Federal agency, in consultation with ‘‘(B) consistent with section 1115 of this vide information about the population being the Director of the Office of Management title, annual goals defined by objectively served and to the extent possible, the impact and Budget, shall identify near-term and measurable outcomes for each program ad- on disadvantaged and minority communities long-term high-priority goals for purposes of ministered in whole or in part by the agency; and individuals; this section. In identifying such goals, the ‘‘(C) the methods that will be used to make ‘‘(vii) factors affecting the performance of head of the agency shall— progress toward achieving the goals identi- programs, projects, and activities and how ‘‘(1) rely on the agency’s mission, strategic fied under subparagraphs (A) and (B); they are impeding or contributing to failures plan and objectives, and statutory directives; ‘‘(D) the expected contribution that dif- or successes of the programs, projects, and ‘‘(2) consult with Congress, including each ferent agency programs and initiatives will activities, and the reasons for any substan- appropriate committee of Congress; make toward achieving the goals identified tial variation from the targeted level of ‘‘(3) select goals that— under subparagraphs (A) and (B) and the ex- achievement of the goals; ‘‘(A) clearly identify agency priorities and pected timeline for achieving those goals; ‘‘(viii) the process used by the agency to have performance outcomes that can be and assess progress made toward achieving the clearly and objectively assessed and meas- ‘‘(E) the approach that will be used by goals; and ured; agencies to assess progress toward achieving ‘‘(ix) such other items and adjustments as ‘‘(B) are ambitious targets that have high the goals identified under subparagraphs (A) may be specified by the Director; direct value to the public; and (B); ‘‘(B) describe the extent to which any ‘‘(C) involve indicators for which the agen- ‘‘(2) provide a mechanism for interested trends, developments, or emerging condi- cy can collect reliable and timely data that persons, including the general public and tions affect the need to change the mission may be used in performance assessments to members and committees of Congress, to of programs being carried out to achieve the measure progress and adjust strategies; and submit comments on the goals being as- goal; ‘‘(D) involve multiple programs, including sessed under subsection (a) and the annual ‘‘(C) identify, as part of any performance programs within and across multiple agen- performance goals for each program activity assessment, practices that resulted in posi- cies that are performing similar functions, established pursuant to section 1115(a)(1) of tive outcomes, and the key reasons why such serve similar populations, have similar pur- this title and the methods that will be used practices resulted in positive outcomes; and poses, or share common objectives, for pur- to make progress toward achieving those ‘‘(D) include recommendations for actions poses of identifying common challenges, ex- goals; to improve results, including opportunities emplary goals and practices, common meas- ‘‘(3) provide a mechanism for agency deliv- that might exist for the coordination, con- ures of performance, and potential opportu- ery to and consideration of comments pro- solidation, or integration of programs to im- nities for more effective and efficient means vided under paragraph (2) by each relevant prove service or generate cost savings. of achieving goals, including through the in- agency and adjustment of goals under sub- ‘‘(3) The head of each agency shall— tegration and consolidation of Federal func- section (a) and the annual performance goals ‘‘(A) use, as necessary and appropriate, a tions; and for each program activity established pursu- variety of assessment methods to support ‘‘(4) with respect to a subcomponent of the ant to section 1115(a)(1) of this title based on performance assessments, including methods agency, ensure the goals are consistent with the comments, with approval of the Director; contained in reports from evaluation cen- the goals of the entire agency. and ters, in assessments by States, and in avail- ‘‘(b) PERFORMANCE ASSESSMENTS.—The ‘‘(4) make available through the Office of able Federal program assessments; head of each Federal agency, in consultation Management and Budget website a summary ‘‘(B) maintain an archive of information with the Director of the Office of Manage- of comments received under paragraph (2), required to be disclosed under this section

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.034 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4555 that is, to the maximum extent practicable, formance,’’ and inserting the following: ‘‘or- ‘‘(4) assist the head of the agency in the de- readily available, accessible, and easily ganizational performance (including such re- velopment and use within the agency of per- found by the public; and views of agency performance, conducted formance measures in personnel performance ‘‘(C) consider the relevant comments sub- under section 1120 of title 31, as are rel- appraisals, and, as appropriate, other agency mitted under subsection (d)(2). evant),’’. personnel and planning processes and assess- ‘‘(f) CLASSIFIED INFORMATION.—(1) With re- (c) CLERICAL AMENDMENT.—The table of ments; spect to performance assessments conducted sections at the beginning of chapter 11 of ‘‘(5) assist the head of the agency in over- during a fiscal year that contain classified title 31, United States Code, is amended by seeing the implementation required under information, the President shall submit— adding at the end the following: section 1120 of this title; ‘‘(A) each quarterly performance assess- ‘‘1120. Performance assessments.’’. ‘‘(6) ensure that agency progress toward ment (including the classified information), SEC. 6. STRATEGIC PLANNING AMENDMENTS. achievement of all goals is communicated to to the appropriate committees of Congress; (a) CHANGE IN DEADLINE FOR STRATEGIC leaders, managers, and employees in the and PLAN.—Subsection (a) of section 306 of title agency and Congress, and made public on the ‘‘(B) an appendix containing a list of each 5, United States Code, is amended by strik- Internet; and affected goal and the committees to which a ing ‘‘No later than September 30, 1997,’’ and ‘‘(7) provide training for agency managers, copy of the performance assessment was sub- inserting ‘‘Not later than September 30 of program directors, supervisors, and employ- mitted under subparagraph (A), to the con- the second year following a year in which an ees on how to use performance targets, meas- gressional committees described in sub- election for President occurs, beginning with ure key performance indicators, assess pro- section (i). September 30, 2010,’’. grams, and analyze data to improve perform- ‘‘(2) Upon request from a congressional (b) CHANGE IN PERIOD OF COVERAGE OF ance. committee described in subsection (i), the STRATEGIC PLAN.—Subsection (b) of section ‘‘(b) ESTABLISHMENT AND OPERATION OF Director of the Office of Management and 306 of title 5, United States Code, is amended PERFORMANCE IMPROVEMENT COUNCIL.— Budget shall provide to the Committee a to read as follows: ‘‘(1) There is established in the executive copy of— ‘‘(b) Each strategic plan shall cover the branch a Performance Improvement Council. ‘‘(A) any performance assessment de- four-year period beginning on October 1 of ‘‘(2) The Performance Improvement Coun- scribed in subparagraph (A) of paragraph (1) the second year following a year in which an cil shall consist exclusively of— (including any assessment not listed in any election for President occurs.’’. ‘‘(A) the Deputy Director for Management appendix submitted under subparagraph (B) SEC. 7. IMPROVING GOVERNMENT PERFORM- of the Office of Management and Budget, ANCE. of such paragraph); and who shall serve as Chair; (a) IMPROVING GOVERNMENT PERFORM- ‘‘(B) any appendix described in subpara- ‘‘(B) such agency performance improve- ANCE.—Chapter 11 of title 31, United States ment officers as determined appropriate by graph (B) of paragraph (1). Code, as amended by section 5, is further ‘‘(3) In this subsection, the term ‘classified the Chair; and amended by adding at the end the following information’ refers to matters described in ‘‘(C) such other permanent employees of an new section: section 552(b)(1)(A) of title 5. agency as determined appropriate by the ‘‘(g) INHERENTLY GOVERNMENTAL FUNC- ‘‘§ 1121. Improving Government performance Chair in consultation with the agency con- TIONS.—The functions and activities author- ‘‘(a) DUTIES OF AGENCY PERFORMANCE IM- cerned. ized or required by this section shall be con- PROVEMENT OFFICERS.—Subject to the direc- ‘‘(3) The Chair or the Chair’s designee shall sidered inherently governmental functions tion of the head of the agency, each agency convene and preside at the meetings of the and shall be performed only by Federal em- performance improvement officer shall— Performance Improvement Council, deter- ployees. ‘‘(1) advise and assist the head of the exec- mine its agenda, direct its work, and estab- ‘‘(h) REPORT STREAMLINING.—To eliminate utive agency and other agency officials to lish and direct subgroups of the Performance redundancy, the head of an agency may de- ensure that the mission of the executive Improvement Council, as appropriate to deal termine each year, subject to the approval of agency is achieved through performance with particular subject matters. the Director of the Office of Management planning, measurement, analysis, and reg- ‘‘(4) To assist in implementing the require- and Budget and provided that it meets the ular assessment of progress, including the re- ments of sections 1105, 1115, 1116, 1117, 1120, requirements of this section and sections quirements of this section and sections 1115, and the first 9703 of this title and section 306 1115, 1116, 1117, 1121, and the first 9703 of this 1116, 1117, 1120, and the first 9703 of this title of title 5, the Performance Improvement title, that the performance information pro- and section 306 of title 5; Council shall— vided to the public on the Internet is suffi- ‘‘(2) advise the head of the agency on the ‘‘(A) develop and submit to the Director of cient to meet the planning and reporting re- selection of agency goals, including opportu- the Office of Management and Budget, or quirements of such sections. nities to collaborate with other agencies on when appropriate to the President through ‘‘(i) CONGRESSIONAL COMMITTEES.—The con- common goals, and on whether— the Director of the Office of Management gressional committees described in this sub- ‘‘(A) the performance targets required and Budget, at times and in such formats as section are the following: under section 1115 of this title and the stra- the Chair may specify, recommendations ‘‘(1) The Committee on Oversight and Gov- tegic plans required under section 306 of title concerning— ernment Reform of the House of Representa- 5 are— ‘‘(i) performance management policies and tives. ‘‘(i) sufficiently aggressive toward full requirements; ‘‘(2) The Committee on Homeland Security achievement of the purposes of the agency; ‘‘(ii) criteria for assessment of program, and Governmental Affairs of the Senate. and project, and activity performance; and ‘‘(3) The Committees on Appropriations of ‘‘(ii) realistic in light of authority and re- ‘‘(iii) how the goals required by section the House of Representatives and the Senate. sources provided for operations; and 1120(a) of this title can inform the Federal ‘‘(4) The Committees on the Budget of the ‘‘(B) means for measurement of progress Government performance plan required by House of Representatives and the Senate. toward achievement of the goals are suffi- section 1105(a)(28) of this title, and lead to ‘‘(j) DEFINITIONS.—In this section: ciently rigorous, aligned to outcomes, useful, improved results from and interagency co- ‘‘(1) AGENCY PERFORMANCE IMPROVEMENT and accurate as appropriate to the intended ordination of programs that perform similar OFFICER.—The term ‘agency performance im- use of the measures; functions; provement officer’ means a senior executive ‘‘(3) support the head of the agency, agency ‘‘(B) facilitate the exchange among agen- of an agency who is designated by the head Deputy Secretary, or such other agency sen- cies of information on performance manage- of the agency, and reports to the head of the ior official designated by the head of the ment, including strategic and annual plan- agency, the agency Deputy Secretary, or agency in the conduct of at least quarterly ning and reporting, to accelerate improve- such other agency official designated by the performance assessments, while strength- ments in performance; head of the agency, to carry out the require- ening the performance management activi- ‘‘(C) monitor the performance assessment ments of this section. ties of the entire agency (including sub- process required under section 1120 of this ‘‘(2) PERFORMANCE INFORMATION.—The term components) through at least quarterly per- title; ‘performance information’ means the results formance assessments to— ‘‘(D) facilitate keeping members and com- of assessments conducted under this section. ‘‘(A) assess progress toward achievement of mittees of Congress and the public informed, ‘‘(k) CONSTRUCTION.—Nothing in this sec- the goals administered in whole or in part by and with such assistance of heads of agencies tion shall be construed as requiring the head the agency, as well as any goals common to and agency performance improvement offi- of an agency to perform impact evaluations that agency and other agencies; cers as the Director of the Office of Manage- that estimate quantitatively, for one or ‘‘(B) identify factors affecting progress and ment and Budget may require, provide mem- more variables, the effect a program or pol- benchmarking comparisons; bers and committees of Congress and the icy had compared to what may have other- ‘‘(C) consider actions to improve the per- public with information on the Internet on wise happened.’’. formance and efficiency of programs, how well each agency performs and that (b) PERFORMANCE ASSESSMENTS TO BE CON- projects, and activities; and serves as a comprehensive source of informa- SIDERED IN EVALUATING SENIOR EXECU- ‘‘(D) hold leaders and managers account- tion on— TIVES.—Section 4313 of title 5, United States able for effective and efficient implementa- ‘‘(i) agency strategic plans; Code, is amended (in the matter before para- tion and for adjusting agency actions based ‘‘(ii) annual performance plans and annual graph (1)) by striking ‘‘organizational per- on evolving evidence; performance reports;

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.034 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4556 CONGRESSIONAL RECORD — HOUSE June 16, 2010 ‘‘(iii) performance information required sess the implementation of this Act by the (3) any recommendations for improving the under section 1120 (d) of this title; Director of the Office of Management and effectiveness of sections 1115, 1116, 1117, and ‘‘(iv) the status of the implementation of Budget and the agencies described in section the first 9703 of title 31, United States Code, performance assessments required under sec- 901(b) of title 31, United States Code, with and section 306 of title 5, United States Code tion 1120 of this title; emphasis on the matters specified in para- and reducing duplication. ‘‘(v) relevant impact and process assess- graph (2). SEC. 9. ADDITIONS TO PERFORMANCE PLAN. ments; and (2) MATTERS TO BE ASSESSED.—The matters Section 1115(a) of title 31, United States ‘‘(vi) consistent with the direction of the to be assessed under paragraph (1) shall in- Code, is amended— head of the agency concerned after consulta- clude, with respect to the fiscal year covered (1) in paragraph (5), by striking ‘‘and’’; tion with the Director of the Office of Man- by the assessment: (2) in paragraph (6), by striking the period agement and Budget, any publicly available (A) Whether the selection of goals, identi- and inserting ‘‘; and’’; and reports by the agency’s Inspector General fied pursuant to section 1120(a) of title 31, (3) by inserting after paragraph (6) the fol- concerning agency program performance; United States Code, as added by section 5, lowing new paragraphs: ‘‘(E) monitor implementation by agencies and established pursuant to section 1115 of ‘‘(7) describe the existence and current of the policy set forth in sections 1115, 1116, such title, is tied to performance outcomes scope of the problem that the program is in- 1117, 1120, and the first 9703 of this title and that can be objectively assessed and meas- tended to address, defined as an outcome section 306 of title 5 and report thereon from ured and have a high direct value to the pub- that addresses the needs of the American time to time as appropriate to the Director lic. people, not an input (such as staffing or re- of the Office of Management and Budget, or (B) The use of agency performance goals sources expended) or an intermediate goal when appropriate to the President through and measures and program assessments to (such as teachers or police hired); the Director of the Office of Management improve performance and ensure taxpayer ‘‘(8) to the extent practicable, take into ac- and Budget, at such times and in such for- dollars are spent in an efficient and effective count the other efforts (if any) being made in mats as the Chair may specify, together with manner, including the need to streamline or Federal, State or local governments or the any recommendations of the Council for enhance Federal programs or initiatives to private sector to address the problem de- more effective implementation of such pol- maximize the likelihood of accomplishing scribed under paragraph (7) and the relative icy; such performance goals. cost-effectiveness of such efforts; ‘‘(F) obtain information and advice, as ap- (C) The use of agency performance goals, ‘‘(9) if the program is not new, describe the propriate, in a manner that seeks individual identified pursuant to section 1120(a) of title amount of funds expended in the previous advice and does not involve collective judg- 31, United States Code, as added by section 5, year and state the progress made in the pre- ment or consensus advice or deliberation, and established pursuant to section 1115 of vious year toward solving the problem de- from— such title, and measures to clearly commu- scribed under paragraph (7), including evi- ‘‘(i) State, local, territorial, and tribal offi- nicate performance priorities and results to dence of whether the problem is increasing, cials; the public. decreasing, or staying the same; ‘‘(ii) representatives of entities or other in- (D) How any revision of goals, identified ‘‘(10) describe the specific level of improve- dividuals; and pursuant to section 1120(a) of title 31, United ment expected to be made toward addressing ‘‘(iii) members and committees of Con- States Code, as added by section 5, and es- the problem described under paragraph (7); gress; tablished pursuant to section 1115 of such and ‘‘(G) coordinate with other interagency title, has contributed to the effectiveness of ‘‘(11) state the long-term goal for the pro- management councils; and agency and program performance. gram and when that goal is expected to be ‘‘(H) make recommendations to Congress (E) The tracking of program performance achieved or the problem described under on duplicative, unused, or outdated perform- toward achieving identified goals and the paragraph (7) reduced to an acceptable ance policies or reporting requirements. contribution of such tracking to agency per- level.’’. ‘‘(5)(A) The Administrator of General Serv- formance improvement. SEC. 10. SAVINGS. ices shall provide administrative and other (F) The use of input from Congress and the Any savings or reductions in expenditures support for the Council to implement this public in the assessment of programs and in generated by this Act shall be used to offset section. the identification and assessment of goals. the costs of implementation of this Act and ‘‘(B) The heads of agencies shall provide, as (G) The use of the archive of information any additional savings shall be used to offset appropriate and to the extent permitted by referred to in section 1120(e)(3)(B) of title 31, the deficit. United States Code, to create a coherent, law, such information and assistance as the SEC. 11. FUNDING. longitudinal picture of the performance of Chair may request to implement this sec- Agencies shall fund the reporting require- agencies and programs over time. tion. ments of this Act out of existing budgets and ‘‘(c) ADDITIONAL DUTIES OF THE COUNCIL.— (H) Best practices of agencies. are authorized to make necessary re- The Council— (I) Whether the annual performance plan programming of funds. ‘‘(1) shall develop a website for Federal established pursuant to section 1115 of title agency performance information; 31, United States Code, conforms with the re- The SPEAKER pro tempore. Pursu- ‘‘(2) shall link program performance infor- quirements for such plans described in para- ant to the rule, the gentlewoman from mation to program spending information on graphs (1) through (11) of section 1115(a) of California (Ms. WATSON) and the gen- the website www.USASpending.gov; and such title. tleman from Utah (Mr. CHAFFETZ) each ‘‘(3) shall submit a report to Congress on (J) The progress each agency has made in will control 20 minutes. the feasibility of creating a single web-based achieving the goals identified pursuant to The Chair recognizes the gentle- section 1120(a) of title 31, United States platform for all Government spending infor- woman from California. mation and all program performance infor- Code, as added by section 5, and established mation.’’. pursuant to section 1115 of such title. GENERAL LEAVE (b) GUIDANCE.—Not later than 6 months (b) REPORTS.—The Comptroller General Ms. WATSON. Madam Speaker, I ask after the date of the enactment of this Act, shall consult with the Inspectors General unanimous consent that all Members the Director of the Office of Management when evaluating program and agency per- may have 5 legislative days in which to and Budget shall prescribe guidance to im- formance and shall submit to Congress a re- revise and extend their remarks. plement the requirements of section 1120 and port on the results of each assessment conducted under subsection (a). The report shall The SPEAKER pro tempore. Is there 1121 of title 31, United States Code, as added objection to the request of the gentle- by subsection (a). include a list of recommendations on ways to (c) CONFORMING AND CLERICAL AMEND- improve the performance assessment and woman from California? MENTS.— communication process and the operations of There was no objection. (1) Section 1115(g) of title 31, United States agency performance improvement officers Ms. WATSON. Madam Speaker, I Code, is amended by striking ‘‘1119’’ and in- and the Performance Improvement Council. yield myself such time as I may con- (c) EFFECTIVENESS ASSESSMENT.—With re- serting ‘‘1121’’. spect to the assessment conducted under sume. (2) The table of sections at the beginning of subsection (a) in the third year after the Madam Speaker, I rise today in chapter 11 of title 31, United States Code, is date of the enactment of this Act, the Comp- strong support of H.R. 2142, the Govern- amended by adding at the end the following: troller General shall include in the report re- ment Efficiency, Effectiveness, and ‘‘1121. Improving Government performance.’’. lating to such assessment submitted to Con- Performance Improvement Act, by SEC. 8. ASSESSMENTS AND REPORTS. gress under this section the following: Congressman CUELLAR. In short, I be- (a) ASSESSMENTS.— (1) an assessment of the effectiveness of lieve the measure before us would (1) IN GENERAL.—No less frequently than this Act, and the amendments made by this strengthen the oversight and policy the first, third, and fifth year after the date Act; of the enactment of this Act, and thereafter (2) the impact of this Act on sections 1115, processes in place for evaluating the ef- every three years and at such other times as 1116, 1117, and the first 9703 of title 31, United fectiveness of agency programs. The may be requested by Congress, the Comp- States Code, and section 306 of title 5, United issue of performance-based budgeting troller General of the United States shall as- States Code; and has been long viewed as the next step

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.034 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4557 to pursuing a comprehensive frame- The legislation we are considering based goals that have a direct impact work for managing agency resources here today, similar to legislation that I on the American people; shines light on and justifying our program funding de- introduced in the 108th and 109th Ses- ineffective Federal programs to root cisions. sions of Congress, would require that out wasteful spending, where they’re These issues were discussed exten- all Federal agencies work with the Of- held accountable where they have to sively during the Subcommittee on fice of Management and Budget, OMB, provide those goals every quarter; and Government Management, Organiza- to clearly identify outcome-based goals more importantly, senior management tion, and Procurement’s hearings on and then submit an action plan to will be held accountable for this work. H.R. 2142, this past April, as well as achieve these goals. Agencies would be GAO oversight on the use of tax- during our subcommittee markup on required to conduct quarterly perform- payers’ dollars to slash wasteful spend- May 5. As a result of these efforts, I be- ance assessments outlining how effec- ing requires the GAO to perform fre- lieve the bill before us is a more nimble tively they are working to meet the quent, detailed evaluations of the agen- and effective tool for agency perform- stated goals, and all information would cy implementation of this legislation. ance measurement activity. Devel- be available to Members of the House And, finally, if I can say this, it will oping valuable performance and eval- and Senate and the American people. not add to the Federal deficit. As you uation criteria is a difficult and time- In addition the Government Account- know, the CBO says that it does not af- consuming process, but I believe the ability Office, GAO, would be tasked fect the direct spending or revenues. bill before us will push our agencies to with performing frequent and detailed Moreover, discretionary costs will be more ably identify pertinent goals for evaluations outlining how effective offset by saving from a ‘‘more effective measuring a program’s true value. each agency has been in achieving management of agency-lowered costs.’’ I want to thank all the relevant their goals. GAO would also assess The SPEAKER pro tempore. The stakeholders who participated in the whether the goals are appropriate and time of the gentleman has expired. Ms. WATSON. I yield the gentleman development of and the modifications determine if the program is providing to the bill that is before us today. I an additional 15 seconds. direct value to the American people. Mr. CUELLAR. Just to conclude, we definitely want to thank Congressman This impartial review of Federal pro- added some specific language that says, CUELLAR and Chairman TOWNS for their grams will assure that agencies are ‘‘Agencies shall fund the reporting re- hard work and diligence in the develop- being good stewards of our Federal tax- quirements of this Act out of the exist- ment of H.R. 2142, and I would ask my payer dollars. ing budgets and authorized to make colleagues to support this measure. I I strongly commend my colleague, any necessary reprogramming of also want to thank the staff for their Representative CUELLAR, for intro- funds.’’ So this addresses the issues of hard work and the time they have ducing this bill to ensure that Federal Mr. CHAFFETZ and some other folks, spent trying to bring to the floor this resources are spent efficiently and that and I think this will be a good bill that particular very important measure. waste is minimized. Now more than we can all support in a bipartisan way. With that, Madam Speaker, I reserve ever, while American families are cut- Mr. CHAFFETZ. Madam Speaker, I the balance of my time. ting extraneous expenses from their yield myself such time as I may con- Mr. CHAFFETZ. Madam Speaker, I budgets, the Federal Government must sume. yield such time as he may consume to do the same. I hope that all of my col- We’re currently dealing with a my distinguished colleague from Penn- leagues will join me in supporting this stalled economy, high unemployment, sylvania (Mr. PLATTS). important effort. I urge a ‘‘yes’’ vote. record budget deficits, and a debt that Mr. PLATTS. Madam Speaker, I rise Ms. WATSON. Madam Speaker, I seems insurmountable. The challenge in strong support of this legislation, would now like to yield 2 minutes to this Congress faces cannot be more which takes important steps to elimi- the gentleman from Texas (Mr. clear. We must cut wasteful spending. nate Federal Government waste and in- CUELLAR). We have to do it. We have no other efficiencies. I served as the chairman of Mr. CUELLAR. Thank you very choice. The Federal Government’s the Oversight and Government Reform much, Madam Chair, for the leadership spending to reduce our Nation’s debt is Subcommittee on Government Man- that both you and Chairman TOWNS paramount to our successful future. If agement, Finance, and Accountability have provided in the Committee on we want to be the world’s economic for 4 years, where I focused my efforts Oversight and Government Reform, and military super power, we’re going on making the Federal Government and, of course, your staff that has to have to change the way we do busi- more accountable. My subcommittee worked so hard on making sure that we ness in Washington, D.C. held numerous hearings in which, all get this passed. My staff also has Now performance-based budgeting too often, accounting errors such as worked very, very hard on this. can be an effective tool to do just that. overpayment for services or redundant On the committee, also, I certainly It can make clear what Federal pro- payments were discovered or where want to thank Ranking Member ISSA grams are not performing and then programs were not effectively fulfilling for his input and for his amendments spell out what Federal programs are their intended mission. also that we accepted and, of course, duplicative in nature. But perform- At a time when the national debt is his staff also for getting this work ance-based budgeting dictates that we over $13 trillion, it has never been more done. identify the problem and enact a solu- apparent that the Federal Government I certainly want to thank the other tion. It’s not enough to just recognize must spend tax dollars wisely. Federal stakeholders—GAO, CRS, CAP, OMB, there’s a problem. Most all of us can programs must be monitored to ensure the Blue Dog Coalition, and other folks step forward and say we’re spending that our investments are presenting that have worked to make this into a too much money. But the core question clear results and that those programs bipartisan bill. becomes, What are the changes that that are not performing effectively In particular, I want to point out my we’re going to make? must be reformed or eliminated. friend, TODD PLATTS, who has been One of the challenges that we see One of the reasons that we find our- working on this particular bill the last within the bill is that it’s not nec- selves in such a substantial debt today few sessions, building the foundation. essarily performance-based budgeting is that Federal programs never end. And we went and looked at his bill, because the question becomes, ulti- Both high-performing and low-per- looked at some of the other things we mately, What are you going to do forming programs continue on year were working on, and we put it to- about it? It sets out to diagnosis a after year after year, often with in- gether as a bipartisan bill. problem that we already know exists creasing funds. The Federal Govern- H.R. 2142 creates a results-oriented but does not necessarily follow through ment needs a clear evaluation process government; a government that works and prescribe a cure. We know that for each program, the results of which with the people in a commonsense con- there are duplicative and nonper- would be used to provide Members of cept that emphasizes a couple of forming Federal programs. We know this House with the information needed things: One, increases government ac- this. We need to finish the job and ac- to determine which programs should countability while Federal agencies tually cut those programs. To be com- continue and which should not. must identify cost-cutting, outcome- plete, the bill must do just that. In its

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.089 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4558 CONGRESSIONAL RECORD — HOUSE June 16, 2010 current form, this bill does not nec- pass legislation with great titles—A- Texas (Mr. CUELLAR) for advancing this essarily help us rein in these programs. plus on the titles you’re giving these bill and his willingness to work with For example, just last week, our In- bills. They’re good. Who’s going to vote me, the ranking member of the Over- formation Policy Subcommittee held a against efficiency, effectiveness, and sight Committee, Mr. ISSA, and other hearing on the National Historical performance. But it doesn’t necessarily members of the committee to make Publications and Records Commission, reflect what’s in the body of the bill. this bill stronger and to make certain that we are here today saying that this a program which appears to give grants b 1445 that are duplicative of grants in the bill truly will make a difference. A National Archives and Records Admin- My colleague Aaron Schock from Illi- number of changes were made to this istration. I questioned then, and I ask nois offered a great amendment in the bill during the committee process to it again today, Why should we continue committee that was shot down which address concerns raised by Republican to fund this duplicative program? It would put a sunsetting provision in and Democrat members on the com- costs the committee nothing to find programs that are not performing. In mittee as well as the Office of Manage- this duplication, so why, if we cannot the previous administration, there was ment and Budget and the Government trim $10 million of Federal spending a Web site called expectmore.gov. It Accountability Office. without a penny, then why should we did an assessment of programs. It was H.R. 2142 would improve the effi- pushed by the Office of Management authorize $150 million to be spent? ciency of the Federal Government by and Budget. It had dashboard indica- What exactly do we expect for it to requiring each agency to identify am- tors as to how these programs that bring in return? bitious goals and perform frequent per- The Congressional Budget Office esti- were instituted by Congress, how they formance evaluations. The bill im- mates that this bill will cause the Fed- were performing based on their own set proves the transparency of the per- eral Government to spend $150 million of criteria that was set in advance. It formance management process by re- to determine what many people al- allowed the American people to actu- quiring the results of performance as- ally have exposure. ready know. We have Federal Govern- sessments to be made publicly avail- Unfortunately, expectmore.gov under ment programs which are nonper- able. The bill provides greater account- the current administration is no longer ability by requiring agencies to conforming and duplicative, but the bill maintained. The information is not up before us leaves wasteful programs in- sider input from Congress and members to date; and, consequently, the Amer- of the public and by requiring the Gov- tact. ican people do not have access to the As we came to the floor, one of the ernment Accountability Office to per- information that they do deserve. I amendments that was offered, and I form frequent and detailed evaluations would encourage the administration really, truly do appreciate, the sponsor of the agency implementation. and supporters from both sides of the There are a few misconceptions about of the bill, Mr. CUELLAR added some aisle to reinstitute this Web site. this bill. Let me just sort of talk to language that says, ‘‘Agencies shall I want to conclude by quoting Office fund the reporting requirements of this that for a moment. The first mis- of Management and Budget director conception is that this bill costs too act out of existing budgets and are au- Peter Orszag. On May 24 this year, Mr. thorized to make necessary reprogram- much money. The truth is that the bill Orszag said, ‘‘We should never tolerate will save the government money. And I ming of funds.’’ taxpayer dollars going to programs I sincerely appreciate it in every want to repeat that: it will save the that are duplicative or ineffective. Be- government money, not cost more way, shape, or form. This goes a huge cause, especially in this current fiscal way to making this palatable to a lot money. CBO says that implementing environment, we cannot afford this this legislation ‘‘could lead to more ef- of conservatives that are concerned waste.’’ He is right. He is absolutely about spending an additional $150 mil- fective management of agencies at right. We cannot afford to let these lower cost.’’ So we would be doing a lot lion. I still question why it takes so programs go on, and Congress needs to much money for people to just do the for even other agencies. step to the plate and do something This bill will make the government jobs that they’re supposed to do. But about it. So I do appreciate the amend- more cost effective because it requires please know the sincerity in which the ment that was offered that will go a agencies to evaluate their perform- sponsor is offering this is greatly ap- long way to getting a lot of different ance. This will allow agencies to iden- preciated in every way, shape, or form. support. I do just wish this bill would tify waste and inefficiency and to It’s done in the right spirit. I think it come under a rule. change what isn’t working. This is goes a huge way to causing a lot of peo- I reserve the balance of my time, what successful corporations do regu- ple to support this, particularly from Madam Speaker. larly, and this is what the government the Republican side of the aisle. I can- Ms. WATSON. Madam Speaker, I should do as well. This bill requires not thank you enough for the attitude yield 3 minutes to the most distin- agencies to create new positions. And and the approaching and the actual lis- guished chair of the Oversight Com- on that note, being that I do not have tening to that. For that, we’re very mittee, the gentleman from New York, time to yield back, I will say to the thankful. Representative EDOLPHUS TOWNS. gentleman from Texas and the gen- I do wish that this bill would come Mr. TOWNS. I would like to thank tleman from Pennsylvania, thank you under a rule—an open rule. It’s hard to the gentlewoman from California, the for this outstanding piece of legisla- believe, but as a freshman in this subcommittee chair, for yielding time tion. United States Congress, I will likely go to me. Mr. CHAFFETZ. Madam Speaker, I through my entire freshman Congress, Madam Speaker, I rise in strong sup- yield myself such time as I may con- the 111th Congress, having never expe- port of this bill, H.R. 2142, and I also sume. rienced even once an open rule on the would like to thank Congressman I simply just want to note for the floor of the House of Representatives. CUELLAR for his hard work in making record that, quoting from the CBO re- That’s a shame. That’s a shame. There this a reality today and Congressman port of June 7, 2010, regarding H.R. should be a way for a mechanism where PLATTS who has worked on this for 2142: ‘‘Finally implementing H.R. 2142 this bill is brought under a rule, an many, many years. And of course I could lead to more effective manage- open rule, where Members on both would like to thank Congressman ISSA ment of government agencies at a sides of the aisle can offer amendments who is the ranking member of the com- lower cost. Any such savings would de- and we can vote on those amendments. mittee. We went through consultation, pend on amounts provided in future ap- Unfortunately, that’s not going to hap- and of course we worked it out, and propriations acts.’’ I just wanted to pen. now we are able to come to this impor- note that for the record. We should not necessarily pass a bill tant part and to be able to move this The intention of this is good. I think that does not have tough enforcement legislation forward, which I think is an in a bipartisan way, we want the gov- mechanisms. We can and must do bet- excellent bill. And of course the dia- ernment to become more efficient. How ter than this. This body must make logue made it even stronger. we do that—well, there are some dis- tough choices to eliminate wasteful I appreciate the commitment and de- agreements, but the intention of this government spending. It should not termination of the gentleman from bill I think is a positive one.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.090 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4559 With that, I yield back the balance of H.R. 2142, the ‘‘Government Efficiency, Effec- H.J. RES. 86 my time. tiveness, and Performance Improvement Act Whereas, on June 25, 1950, communist Ms. WATSON. Madam Speaker, I of 2009,’’ otherwise known as ‘‘Performance- North Korea invaded the Republic of Korea yield 2 minutes to the distinguished Based Budgeting.’’ with approximately 135,000 troops, thereby Member from Florida, Representative This simple legislation helps ensure the tax- initiating the Korean War; Whereas, on June 27, 1950, President Harry ALLEN BOYD. payer is receiving efficient use of government Mr. BOYD. I thank the gentlelady Truman ordered the United States Armed funds by establishing a set of guidelines, test- Forces to help the Republic of Korea defend from California for yielding. ed at the State-level throughout our country, to itself against the North Korean invasion; Madam Speaker, as a long-time advo- determine how responsive government agen- Whereas United States and Allied forces cate of restoring fiscal responsibility cies are at their stated purposes. By holding recaptured the capital city of Seoul on Sep- in Washington, I rise in strong support agencies accountable, Congress and the tember 28, 1950, after a successful amphibious of H.R. 2142. This is an issue, Madam American public can know what works, what landing by the Marine Corps at Inchon on September 15, 1950; Speaker, that I have worked on for does not, and what needs to be fixed. many years, including my time in the Whereas the hostilities ended in a cease- Performance-based budgeting is designed fire marked by the signing of the armistice Florida House of Representatives, at to replicate tools utilized in the private sector which time I personally authored a bill at Panmunjom on July 27, 1953, and the pe- to increase the taxpayer’s return on invest- ninsula still technically remains in a state of which does many of the same things. ment. By increasing efficiency and cutting war; We affectionately came to know that unneeded spending this legislation will reduce Whereas, during the Korean War, approxi- bill as performance-based budgeting. government waste while providing improved mately 1,789,000 members of the United Performance-based budgeting, that’s a services for the taxpayer. States Armed Forces served in-theater along novel idea, isn’t it? PB squared, we with the forces of the Republic of Korea and This system works by developing explicit 20 other members of the United Nations to called it. performance targets, regularly evaluating the As many of you know, I am a mem- defend freedom and democracy; results, and developing mechanisms to im- ber of the Blue Dog Coalition, which Whereas casualties of the United States prove performance. Enveloped within existing during the Korean War included 54,246 dead was created to focus on these issues. oversight mechanisms of the Government Ac- (of whom 33,739 were battle deaths), more This bill is one step of many that will countability Office, GAO, reviewers will deter- than 92,100 wounded, and approximately 8,176 move us toward these goals of effective mine if stated goals match real outcomes, ex- listed as missing in action or prisoners of and efficient government. H.R. 2142 re- war; amine if taxpayer dollars are spent efficiently, quires the people closest to the ground Whereas approximately 6,800,000 American that are directly involved in govern- and provide recommendations for improve- men and women served worldwide in the ment programs to assess those pro- ment. This transparent and fact-based review Armed Forces during the entire Korean War grams and live up to the goals and of government will foster an open dialogue on era of June 27, 1950, to January 31, 1955; how taxpayer funds are used. Whereas the Korean War Veterans Rec- standards that have been set for their ognition Act (Public Law 111–41) was enacted programs. This is helpful to the Fed- Madam Speaker, I commend my fellow Blue Dog Coalition member, Representative on July 27, 2009, so that the honorable serv- eral agencies. It’s helpful to the tax- ice and noble sacrifice by members of the CUELLAR, for his work on this legislation aimed payer, and it’s certainly helpful to Con- United States Armed Forces in the Korean gress in our oversight duty. at reducing government spending, and urge War will never be forgotten; Given today’s fiscal situation, it is passage of H.R. 2142, the ‘‘Government Effi- Whereas President Barack Obama issued a more important now than ever for the ciency, Effectiveness, and Performance Im- proclamation to designate July 27, 2009, as Federal Government to be making provement Act of 2009.’’ the National Korean War Veterans Armistice tough decisions in order to make the Ms. WATSON. Madam Speaker, Day and called upon Americans to display flags at half-staff in memory of the Korean most out of every single taxpayer dol- again, I urge my colleagues to join me in supporting this measure, and I yield War veterans; lar. Each of us, no matter what our po- Whereas since 1975, the Republic of Korea litical leaning is, should be confident back the balance of my time. has invited thousands of American Korean that the programs we support and that The SPEAKER pro tempore. The War veterans, including members of the Ko- serve our constituencies are resulting question is on the motion offered by rean War Veterans Association, to revisit in the biggest bang for the buck. I want the gentlewoman from California (Ms. Korea in appreciation for their sacrifices; to personally thank Mr. CUELLAR from WATSON) that the House suspend the Whereas in the 60 years since the outbreak Texas, who is a fellow member of my rules and pass the bill, H.R. 2142, as of the Korean War, the Republic of Korea has emerged from a war-torn economy into one Blue Dog task force for introducing amended. The question was taken; and (two- of the major economies in the world and one this bill, and his partner Mr. TODD of the largest trading partners of the United PLATTS. I also want to thank Chairman thirds being in the affirmative) the States; TOWNS, Ranking Member ISSA, and the rules were suspended and the bill, as Whereas the Republic of Korea is among House leadership for their support of amended, was passed. the closest allies of the United States, hav- this initiative. The title was amended so as to read: ing contributed troops in support of United The Congress has taken strides to in- ‘‘A bill to require quarterly perform- States operations during the Vietnam war, still a greater sense of fiscal responsi- ance assessments of Government pro- Gulf war, and operations in Iraq and Afghan- grams for purposes of assessing agency istan, while also supporting numerous bility over the last year, including en- United Nations peacekeeping missions actment of the pay-as-you-go language performance and improvement, and to throughout the world; and the establishment of a fiscal com- establish agency performance improve- Whereas since the end of the Korean War mission. This bill builds on that comment officers and the Performance Im- era, more than 28,500 members of the United mitment and seeks to ensure that we provement Council.’’. States Armed Forces have served annually in are acting as responsibly as possible as A motion to reconsider was laid on the United States Forces Korea to defend the stewards of our taxpayer dollars. the table. Republic of Korea against external aggres- The SPEAKER pro tempore. The sion, and to promote regional peace; f Whereas North Korea’s sinking of the time of the gentleman has expired. South Korean naval ship, Cheonan, on March Ms. WATSON. I yield the gentleman RECOGNIZING 60TH ANNIVERSARY OF KOREAN WAR 26, 2010, which resulted in the killing of 46 an additional 15 seconds. sailors, necessitates a reaffirmation of the Mr. BOYD. Our efforts do not stop Mr. FALEOMAVAEGA. Madam United States-Korea alliance in safeguarding here, however. My Blue Dog colleagues Speaker, I move to suspend the rules the stability of the Korean Peninsula; and I have unveiled a 15-point blueprint and pass the joint resolution (H.J. Res. Whereas from the ashes of war and the for responsible fiscal reform, and we 86) recognizing the 60th anniversary of sharing of spilled blood on the battlefield, will continue working to curb spend- the outbreak of the Korean War and re- the United States and the Republic of Korea ing, eliminate wasteful spending, and affirming the United States-Korea alli- have continuously stood shoulder-to-shoulder to promote and defend international move towards a balanced budget. In the ance, as amended. peace and security, economic prosperity, meantime, Madam Speaker, I urge a The Clerk read the title of the joint human rights, and the rule of law both on ‘‘yes’’ vote on H.R. 2142. resolution. the Korean Peninsula and beyond; and Mr. MATHESON. Madam Speaker, I rise The text of the joint resolution is as Whereas beginning in June 2010, various today in support of Congressman CUELLAR’s follows: ceremonies are being planned in the United

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.091 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4560 CONGRESSIONAL RECORD — HOUSE June 16, 2010 States and the Republic of Korea to com- this free trade agreement as soon as Korean War, he joined the U.S. Army memorate the 60th anniversary of the out- possible because it will reinforce U.S.- and fought for 1 year as a second lieu- break of the Korean War and to honor all Ko- Korean ties and create American jobs. tenant in the U.S. Army Corps of Engi- rean War veterans: Now, therefore, be it neers. For his service, he was awarded Resolved by the Senate and House of Rep- And for the benefit of my colleagues, I resentatives of the United States of America in want to note that this free trade agree- both combat and merit citations. Congress assembled, That Congress— ment with South Korea will provide Congressman SAM JOHNSON began his (1) recognizes the historical importance of somewhere between $11 billion and $20 29-year career in the U.S. Air Force at the 60th anniversary of the outbreak of the billion in export trade between our two the early age of 20. During the Korean Korean War, which began on June 25, 1950; countries which will be of tremendous War, he was stationed just 25 miles (2) honors the noble service and sacrifice of benefit to both our countries. away from the front lines and flew 62 the United States Armed Forces and the I also want to thank my dear friend, combat missions in his F–86 Saber jet armed forces of allied countries that served the gentleman from New York, Con- fighter. In his plane, Shirley’s Texas in Korea since 1950 to the present; Tornado, named after his dear wife, (3) encourages all Americans to participate gressman CHARLES RANGEL, for his in commemorative activities to pay solemn service to our country during the Ko- Congressman JOHNSON scored one MiG tribute to, and to never forget, the veterans rean War, for his long and able service fighter kill, one probable kill and one of the Korean War; and in the House of Representatives, and damaged. He flew on combat missions (4) reaffirms the commitment of the for his authorship of this important with Buzz Aldrin and John Glenn, and United States to its alliance with the Repub- resolution. I also want to note our when he shot down the Russian MiG, he lic of Korea for the betterment of peace and other colleagues who are also veterans was so low on fuel that he actually had prosperity on the Korean Peninsula. of the Korean War, Congressman JOHN to glide back to Seoul. He went on to The SPEAKER pro tempore. Pursu- CONYERS of Michigan, Congressman continue his outstanding military ca- ant to the rule, the gentleman from SAMUEL JOHNSON of Texas, and Con- reer through the Vietnam War as direc- American Samoa (Mr. FALEOMAVAEGA) gressman HOWARD COBLE of North tor of the Air Force Fighter Weapons and the gentleman from Arkansas (Mr. Carolina. My apologies if I may have School, known as Top Gun, and was BOOZMAN) each will control 20 minutes. left out other Members. It was cer- one of the two authors of the air tac- The Chair recognizes the gentleman tainly not intentional, Madam Speak- tics manual revolutionizing military from American Samoa. er, but I also want to thank them as air dominance by incorporating three- GENERAL LEAVE well. dimensional flight. Our good friend, Congressman HOW- Mr. FALEOMAVAEGA. Madam Congressman RANGEL fought in the Speaker, I ask unanimous consent that Korean War from 1950 to 1952 as a mem- ARD COBLE, meanwhile, served in the all Members may have 5 legislative ber of the 503rd Battalion, an all-black Coast Guard from September 1952 until days to revise and extend their re- artillery unit, in the 2nd Infantry Divi- September 1956, and was deployed to marks and include extraneous material sion. In late November 1950, his unit Korean waters during the war. I ask all of my colleagues to join me on the resolution under consideration. was engaged in heavy fighting in North in honoring the sacrifices of these gen- The SPEAKER pro tempore. Is there Korea; and at the Battle of Kunu-ri, tlemen, our colleagues, Congressman objection to the request of the gen- Congressman RANGEL was part of a ve- RANGEL, Congressman CONYERS, Con- tleman from American Samoa? hicle column that was trapped and at- gressman JOHNSON, and Congressman There was no objection. tacked by the Chinese Army. Mr. FALEOMAVAEGA. Madam COBLE, and the sacrifices of all of the Speaker, I rise in strong support of this b 1500 other 1.8 million Americans who fought joint resolution, and I yield myself During that attack, he was injured in in the Korean War, as well as in recog- such time as I may consume. the back by shrapnel from a Chinese nizing the vital importance of the U.S.- This resolution before us today, bomb shell. In subzero weather, mem- Korean alliance by supporting this res- House Joint Resolution 86, recognizes bers of the 503rd Battalion looked to olution; and also noting as a matter of the 60th anniversary of the outbreak of RANGEL, then just a private first class, history that over 30,000 of our soldiers the Korean War and reaffirms the for his leadership. During 3 days of died from that terrible conflict in strong United States-Republic of Korea freezing weather, he led approximately South Korea. alliance. This resolution will help en- 40 men from his unit out of the Chinese COMMITTEE ON ARMED SERVICES, sure that the bonds we forged in blood encirclement. U.S. HOUSE OF REPRESENTATIVES, during the Korean War will never be When asked about his experience in Washington, DC, June 15, 2010. forgotten. battle, Congressman RANGEL com- Hon. HOWARD BERMAN, Today, the United States and Repub- mented, ‘‘That was the coldest place, Chairman, Committee on Foreign Affairs, House of Representatives, Rayburn House Office lic of Korea relationship is stronger ever, in the whole world. We lost a lot Building, Washington, DC. than ever, encompassing social, cul- of guys who froze to death in their DEAR CHAIRMAN BERMAN: I am writing to tural, economic, security and diplo- sleeping bags.’’ Nearly half of the 503rd you concerning H.J. Res. 86, recognizing the matic relations. Last year’s joint vi- Battalion were killed in the overall 60th anniversary of the outbreak of the Ko- sion statement between our two na- battle. And might I mention, a bat- rean War and reaffirming the United States- tions provided an important reminder talion is composed of about 600 sol- Korea alliance. This measure was referred to to the importance of the bilateral rela- diers. So you can imagine if 50 percent the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, tionship between our two countries. of the 503rd Battalion were killed in and Veterans’ Affairs, for a period to be sub- Our two countries are working as the Korean War. sequently determined by the Speaker, in closely as ever on the problems of Congressman RANGEL was later rec- each case for consideration of such provi- North Korea, which is critically impor- ognized for his courage and awarded a sions as fall within the jurisdiction of the tant since North Korea continues its Purple Heart for his wounds and the committee concerned. provocations, including nuclear and Bronze Star for Valor for his heroic ef- Our Committee recognizes the importance missile tests and just recently the forts. In addition, he was awarded the of H.J. Res 86, and the need for the legislation to move expeditiously. Therefore, while sinking of the South Korean ship, the Presidential Unit Citation, the Repub- we have a valid claim to jurisdiction over Cheonan, which resulted in the deaths lic of Korea Presidential Unit Citation this legislation, the Committee on Armed of some 46 sailors from this tragedy. and three battle stars. Services will waive further consideration of With President Lee chairing the G–20 In summing up his experience, Con- H.J. Res 86. I do so with the understanding meeting this year in South Korea, this gressman RANGEL once said, ‘‘Since that by waiving consideration of the resolu- is certainly indicative of South Korea’s Kunu-Ri—and I mean it with all my tion, the Committee on Armed Services does prominence in international trade and heart—I have never, never had a bad not waive any future jurisdictional claim economic development. For our part, day.’’ over the subject matters contained in the resolution which fall within its Rule X juris- Madam Speaker, I have long supported I might also note, Congressman JOHN diction. the Korea-U.S. Free Trade Agreement CONYERS from Michigan served for 2 Please place this letter and a copy of your to further such growth. I continue to years in the Michigan National Guard response into the Congressional Record dur- hope that the Congress will also pass starting in 1950. With the onset of the ing consideration of the measure on the

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.036 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4561 House floor. Thank you for the cooperative War and affirming the United States-Korea I reserve the balance of my time. spirit in which you have worked regarding alliance. I acknowledge that the Committee Mr. FALEOMAVAEGA. Madam this matter and others between our respec- on Veterans Affairs has a valid jurisdictional Speaker, as a veteran of the Vietnam tive committees. claim in this resolution, and I appreciate War, I am deeply honored to yield all Very truly yours, your willingness to waive jurisdiction so we the time he needs to the gentleman IKE SKELTON, may proceed to suspension. Chairman. I agree to submit this exchange of letters from New York (Mr. RANGEL), the au- in the Congressional Record, and I thank you thor of this resolution. COMMITTEE ON FOREIGN AFFAIRS, again for your expeditious review of this leg- Mr. RANGEL. Madam Speaker, I U.S. HOUSE OF REPRESENTATIVES, islation. thank the chairman for his gracious re- Washington, DC, June 14, 2010. Sincerely, marks and the work he has done to fa- Hon. IKE SKELTON, HOWARD L. BERMAN, cilitate the bringing to this floor this Chairman, Committee on Armed Services, House Chairman. resolution. I want to thank the other Office Building, Washington, DC. Madam Speaker, I reserve the bal- DEAR MR. CHAIRMAN: Thank you for your side of the aisle. I have never seen any- letter regarding House Joint Resolution 86, ance of my time. thing move so fast, and I am so deeply recognizing the 60th Anniversary of the Ko- Mr. BOOZMAN. Madam Speaker, I grateful that this happened. rean War and affirming the United States- yield myself such time as I may con- Some of you don’t know, but the Ko- Korea alliance. This measure was referred to sume. rean Government invited JOHN CON- the Committee on Foreign Affairs, in addi- I rise in support of this measure and YERS, SAM JOHNSON, HOWARD COBLE and tion to the Committee on Armed Services, would like to thank the gentleman me to go to Korea on June 24 and 25, for a period to be subsequently determined from New York (Mr. RANGEL), a distin- but the legislative calendar prevented by the Speaker, in each case for consider- guished veteran of the Korean War for ation of such provisions as fall within the ju- this from happening. But because of risdiction of the committee concerned. introducing it. We truly do appreciate their enthusiastic support, as well as I agree that the Committee on Armed your service to our country. mine, next week the Speaker and the Services has certain valid jurisdictional Next week, on June 25, represents the minority leader have agreed not to for- claims to this resolution, and I appreciate 60th anniversary of the outbreak of the get those people who served our coun- your decision to waive further consideration Korean War. The lesson of Korea is the try; and, indeed, served the inter- of H.J. Res. 86 in the interest of expediting need for constant vigilance in the face national freedom community. consideration of this important measure. I of external aggression. I want to thank also from my office understand that by agreeing to waive further Many link Kim Il Sung’s decision to consideration, the Committee on Armed Emile Milne and Hannah Kim for work- Services is not waiving its jurisdictional suddenly and deliberately attack the ing with all of the committees that had claims over similar measures in the future. Republic of Korea in the early morning jurisdiction to expedite the fact that During consideration of this measure on hours of a rainy Sunday morning to this will be done before June 25. the House floor, I will ask that this exchange mixed signals coming from Wash- I am reminded when you gave the of letters be included in the Congressional ington, for then-Secretary of State facts that led up to the North Koreans Record. Dean Acheson had declared only a few invading South Korea, I was a 20-year- Sincerely, months before that South Korea lay old kid in the barracks in Fort Lewis, HOWARD L. BERMAN, Chairman. outside the defense perimeter of the Washington, when a sergeant screamed United States. that the North Koreans had invading COMMITTEE ON VETERANS’ AFFAIRS, North Korean dictator Kim Il Sung South Korea and the Second Infantry U.S. HOUSE OF REPRESENTATIVES, reportedly took that as a green light to Division was slated to go to defend Washington, DC, June 10, 2010. move forward with his invasion plans. them. I was so anxious to leave Fort Hon. HOWARD L. BERMAN, This invasion resulted in between 1 and Lewis, I said: Hurrah. Where the heck Chairman, Committee on Foreign Affairs, House 2 million Korean dead, and over 50,000 is Korea? of Representatives, Rayburn House Office dead and more than 90,000 wounded I had no idea that a police action in- Building, Washington, DC. DEAR CHAIRMAN BERMAN: On May 25, 2010, members of the U.S. military. volved putting yourself in harm’s way. H.J. Res. 86, recognizing the 60th anniversary The lesson of June 25 is clear: do not But away we did go. There was some of the Korean War and reaffirming the equivocate with aggressors, do not pan- question at that time whether we could United States-Korea alliance, was intro- der to dictators. even land in Pusan because the North duced in the House of Representatives. This Harry Truman, in notifying the Korean Communists had been so suc- measure was sequentially referred to the American people of his decision to de- cessful that they drove the 25th Divi- Committee on Veterans’ Affairs. ploy U.S. forces to Korea, stated that sion and Japan and the People’s Repub- The Committee on Veterans’ Affairs recognizes the importance of H.J. Res. 86 and the North Korea, in solidarity with its lic of South Korea to the Pusan penin- need to move this resolution expeditiously to Communist allies ‘‘has passed beyond sula, but we were able to push them recognize the 60th anniversary of the Korean the use of subversion to conquer inde- back. The marines landed in Inchon War and to reaffirm our alliance with Korea. pendent nations.’’ and the Chinese came, and you know Therefore, while we have certain valid juris- Sixty years later, as North Korea en- the rest of that story. dictional claims to this resolution, the Com- gages in further armed aggression by But how grateful I am to be not just mittee on Veterans’ Affairs will waive fur- deliberately torpedoing a South Korean alive, but to know we all participated ther consideration of H.J. Res. 86. The Com- naval vessel and murdering 46 South once again in defending a democracy mittee does so with the understanding that by waiving further consideration of this res- Korean sailors, it is clear that the even in countries where we don’t know olution, it does not waive any future juris- United States and its allies must act the people and don’t know the country. dictional claims over similar measures. with firm resolve to prevent an esca- And as a result of that, one of Amer- I would appreciate the inclusion of this let- lation of violence in and around the ica’s strongest allies is the government ter and a copy of your response in the Con- Korean peninsula. of Korea. The truth of the matter is gressional Record during consideration of As we honor the valiant dead who fell with China there and North Korea H.J. Res. 86 on the House floor. in Korea, let us resolve to preserve there, and especially the threat of Iran, Sincerely, that peace and prosperity for which South Korea has represented a symbol BOB FILNER, Chairman. they gave the last full measure of devo- not only of democratic principles but a tion. The events of the last six decades symbol of what can happen economi- COMMITTEE ON FOREIGN AFFAIRS, remind us all that the sacrifices of our cally when freedom and democracy is U.S. HOUSE OF REPRESENTATIVES, soldiers and our United Nations allies the atmosphere in which we are work- Washington, DC, June 14, 2010. were worthwhile. ing. Hon. BOB FILNER, One only has to compare the thriv- Those of us who served, especially Chairman, ing, democratic vitality of the Repub- the 50,000 who did not come back home, Committee on Veterans’ Affairs, Cannon House lic of Korea with the impoverished and the close to 100,000 that were wounded, Office Building, Washington, DC. DEAR CHAIRMAN FILNER: Thank you for repressed hell that is North Korea to the 8,000 that were prisoners of war, we your letter concerning H.J. Res. 86, recog- recognize the value and the purpose of had no idea that our sacrifice would re- nizing the 60th Anniversary of the Korean that valiant sacrifice. build a nation from ashes to the great

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Madam great contributions Korean-Americans we have successfully partnered with Speaker, I would like to certainly com- make each and every day in all parts of the Republic of Korea to promote pliment and thank our distinguished every town, city and every state that international peace and security, eco- veterans of the Korean War, now Mem- we have. nomic prosperity, human rights, and bers, our colleagues here in this insti- But I want to particularly thank the rule of law on the Korean peninsula tution, for not only sharing with us JOHN CONYERS who is the next highest and beyond. their experiences, but the fact that this senior member here in the House of To that end, I encourage my col- close relationship that we have with Representatives. I want to thank HOW- leagues to support H.J. Res. 86. the Republic of Korea should never be ARD COBLE. He is a veterans’ veteran. lessened in any way. There is not a day I see him that he b 1515 It’s been my privilege over the years does not remind me and others that we Mr. FALEOMAVAEGA. Madam to have visited the Republic of Korea, should never forget the sacrifices that Speaker, I continue to reserve the bal- visited with their leaders. And the out- are made for all of us and our children ance of my time. standing results of now South Korea and our children’s children. And, of Mr. BOOZMAN. Madam Speaker, I becoming one of the great economic course, SAM JOHNSON who I serve with yield such time as he may consume to powers of Southeast Asia, I might say, on the Ways and Means Committee, is the gentleman from Texas (Mr. SAM is mainly because of our close eco- truly a hero. Very few Americans are JOHNSON), ranking member of the Ways nomic ties. I also want to note the fact living who have made the type of sac- and Means Subcommittee on Social Se- that the number one electronic com- rifices that he has made for his coun- curity and a distinguished veteran of pany in the world is in South Korea. try. the Korean War. Also, the number one shipbuilding So collectively and on behalf of all of Mr. SAM JOHNSON of Texas. Thank company is in South Korea. the veterans who have served, and par- you, both of you over there on the I sincerely hope that in the coming ticularly for this war that they call the Democrat side, for getting this bill out. months we will be able to continue to Forgotten War, we were sandwiched be- Today marks a new milestone for negotiate successfully the proposed tween the World War II and the Viet- those who fought in the forgotten war, free trade agreement that was done nam War. So many people asked when which was Korea. And today the United previously by the previous administra- we came back home: Where were you? States Congress recognizes the impor- tion and negotiators. It’s my under- They had no idea America had been in- tance of their service and reaffirms our standing that as a result of this pro- volved. But we were involved. longstanding commitment to freedom posed free trade agreement we stand to The 21 nations will have representa- and the future of Korea. gain at least somewhere between $11 to tives here next week to thank America, As many know, it was June 25, 1950, $20 billion in exports of our products to as we thank them, for allowing this when Communist North Korea invaded South Korea if we get an approval of great country to be involved in what the Republic of Korea with 135,000 this proposed agreement. appeared to be a very unimportant cri- troops, and that sparked the start of I also want to note, as a matter of a sis. But at the end of the day, this the Korean War. And what people don’t little history, and complement what country has risen to be one of our best realize about CHARLIE RANGEL is he my friend from New York has stated trading partners, one of our best polit- could be dead because he was up on the about the people and the good leaders ical partners, and certainly has made Yalu River when the Chinese decided to of South Korea. My own personal expe- an outstanding contribution to the en- come across. So he saved a lot of lives rience while serving in Vietnam, I tell tire world of free countries and free and buried a lot of guys. I thank you, you, you really know who your real people. CHARLIE, for that service. And HOWARD, friends are. The fact that there were And so, Chairman FALEOMAVAEGa, I I thank you as well for serving over 50,000 South Korean soldiers fighting thank you for giving us the oppor- there. alongside American soldiers in Viet- tunity to celebrate this occasion and On June 27, 1950, President Truman nam, now that is where you really never to forget those who made it pos- ordered the United States Armed know who your real friends are. The sible for us to be free men and free Forces to help the Republic of Korea leaders and the people of South Korea women. defend itself against the North Korean came and joined us in that terrible con- Mr. BOOZMAN. Madam Speaker, I flict that our Nation was confronted yield such time as he may consume to invasion. While it ended in an armistice, the bitter conflict between Korea with in fighting communism. the gentleman from North Carolina It’s also my understanding that in and North Korea still lingers on. We all (Mr. COBLE), ranking member of the the coming months, the President of know that. Korea is a strong ally, and Judiciary Subcommittee on the Courts Korea will be presiding over the G–20 America remains committed to Korea’s and a distinguished veteran of the Ko- meeting of 20 of the most prominent safety, survival, and success. rean War. countries economically, and hopefully By commemorating the 60th anniver- Mr. COBLE. Madam Speaker, I too there will be better solutions given to want to express thanks to the gen- sary of the start of the Korean War, the the economic demise that not only the tleman from American Samoa and the United States Congress and the coun- world is faced with now, especially the gentleman from Arkansas for having try rededicate our promise to thank contributions that the 20 countries can very ably managed this resolution, and those who wore the uniform during offer in solving some of the serious eco- I am pleased indeed today to be on the that time. An estimated 5 million val- nomic problems that we are confronted House floor with my friend from New iant men and women served in the Ko- with today. York and my friend from Texas, Mr. rean War. Mr. RANGEL. Would the gentleman RANGEL and Mr. JOHNSON. As a Korean War veteran who flew 62 yield? I rise in support of H.J. Res. 86, and combat missions, it brings me great Mr. FALEOMAVAEGA. I gladly yield while there is little I can add to en- pleasure to remind Americans of the to the gentleman from New York. hance the merit of this resolution, I sacrifice and service of those who Mr. RANGEL. And I want you to want to remind everyone that tech- fought in Korea. To the esteemed Ko- know this is just the beginning of the nically speaking the Korean conflict rean War veterans, you are not forgot- United States of America’s involve- has not ended. The recent actions by ten. We honor you, we appreciate you, ment. In September of this year, in North Korea against South Korea and God bless you. And I salute each and commemoration of the lives that were the Chinese should not be taken light- every one of you. lost by Koreans and Americans and the ly. South Korea is our true ally on the Mr. FALEOMAVAEGA. Madam other 20 countries that fought against Korean peninsula. Although I have no Speaker, how much time do I have left communism, there will be a commemo- solution for the growing threat of on this side? rative ceremony in Seoul, which our North Korea, at this point it seems to The SPEAKER pro tempore. The gen- State Department will be participating me the immediate course of action tleman from American Samoa has 8 in. And again, my colleagues have been should be for America to continue to minutes, and the gentleman from Ar- invited to join, but the situation here embrace and support South Korea. kansas has 14 minutes. in Congress didn’t allow us to accept.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.096 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4563 But Mr. BOEHNER, the minority lead- I reserve the balance of my time. into law to treat South Korea just the same as er, as well as our distinguished Speaker Mr. BOOZMAN. Madam Speaker, NATO and other top allies when it comes to had thought that since we could not be again I want to thank Mr. RANGEL for defense sales. represented over in Seoul next week, bringing this forward. He and Mr. Unfortunately, we have been reminded of that a reception will be held right here JOHNSON, Mr. COBLE being here, make the importance of this relationship by the sink- and a ceremony in Statuary Hall, it very, very special. We certainly ap- ing of the Cheonan and by the loss of the 46 where the participants from the free preciate all of your all service to our South Korean sailors who were killed by a countries that joined with us will be country; Mr. RANGEL stating that he North Korean torpedo attack. Our sympathies there with their representatives. And went off at age 20; Mr. JOHNSON, I and condolences are with their families and we have invited veterans that have think, at the same age, around 20; and the South Korean people. The House passed served in Korea to come join us. then HOWARD, Mr. COBLE, in his early a resolution to this effect the other week. The reason I constantly say I haven’t twenties, going off to war. Last month, South Korea unveiled the re- had a bad day since, and to say how It is so fitting that we take a little sults of a methodical international investigation good God is, is because it’s been 60 bit of time, that the House just pauses into the cause of the sinking of a South Ko- years ago. And recently, that is last to remember the sacrifice that was in- rean naval vessel. The evidence—over- week at the Kennedy Center, the Ko- curred, again, for those that were so whelming—showed what many were all but rean Angels, a young group that’s willing to go over for the rest of us. We certain occurred on March 26th—the ship was trained to go around the world talking look forward to the celebrations that sunk by a North Korean torpedo attack, in about peace and harmony to the world, are going to occur later in the year. clear violation of the Korean War Armistice. celebrated and they lauded the Korean And then again, at that time, the This is the same regime that caused so veterans. And my colleagues here on whole Nation will pause and remember much death and suffering in the early 1950s— the House floor would know they came the sacrifice that you all so willingly the regime brave American servicemen de- with crutches and wheelchairs and did for the rest of us. fended against back then, and continue to de- canes, but they did come. With that, I yield back the balance of fend against today. And what this House and Senate will my time. Mr. MCMAHON. Madam Speaker, this year be doing for them, even if they are not Mr. FALEOMAVAEGA. Madam marks the beginning of the war that estab- able to come to Washington, they will Speaker, I have no further speakers, lished 60 years of peace in the Korean penin- be able to tell their kids and their but I do want to say for the record sula. grandkids and their neighbors and again, on behalf of a grateful Nation, The United States suffered the loss of over friends that their sacrifice has not been to extend our heartfelt gratitude and 33,000 of its countrymen during the Korean forgotten. And I do hope that you and thanks to the gentleman from New War and almost 5,000 remain missing in ac- the chairman and subcommittee chair- York, Mr. RANGEL, Mr. JOHNSON, Mr. tion. man that expedited this, and the Mem- COBLE, and Mr. CONYERS for their con- I whole-heartedly support the establishment bers that hopefully will be supporting tributions, and especially as veterans of a commission to look into these disappear- this in the House and Senate, would re- of the Korean War. ances and will soon send a letter to President alize how many lives they are making Mr. ROYCE. Madam Speaker, I rise in sup- Obama asking him to issue an order to fly the more bright by reminding their loved port of H.J. Res. 86, Recognizing the 60th an- flag at half mast on June 25th. ones of those that were left behind, niversary of the outbreak of the Korean War The Korean War defined our country’s role that what they lost, the pain that they and reaffirming the United States-Korea alli- in the international community. As our own POWs returned back into South felt is not forgotten by the United ance. Korea over the Bridge of No Return, North Ko- States. On June 25, 1950, the Korean War started rean soldiers overwhelmingly decided to stay And it gives us a time once again to and was halted three years later by an armi- in the free world with their supposed ‘‘cap- talk about the brave men and women stice that is still in place today. It involved 22 tors.’’ that are in the Middle East, that are in nations fighting together in defense of the Re- This is the model of U.S. leadership and Afghanistan. Each and every day that public of Korea. freedom that we must uphold in the world we are allowed to breathe the breath of More than 5.7 million Americans served dur- today. democracy, to get up and to do and say ing the conflict. Some 33,600 were killed in As a Member of the House Foreign Affairs what we want is only because they are action, including about 8,200 listed as missing Committee, it astonishes me to see how willing to put their lives in harm’s way and presumed dead. Another 21,400 died of thankful and how proud the South Koreans for our flag and for our country and for non-battle causes and more than 103,000 still are for the sacrifices of the US troops on the freedom that’s here. Americans were wounded during the three their soil. So all of us, in a sense, whether it years of war. Some have called this the For- It is a rare heart-warming message that was in World War II, whether it was gotten War, but were here today remem- makes me that much more proud to represent Korea, whether it was the Persian Gulf bering. The Korean War Veterans of Staten Island where my son served as a Marine, or I should point out that this resolution was in- and Commander Joseph Calabria in Con- whether or not it’s the present crisis troduced by Mr. RANGEL, Mr. JOHNSON, Mr. gress. that we face in the Middle East, we CONYERS, and Mr. COBLE—men who were That being said, I cannot go on without have so much to be fortunate that in there 60 years ago. We honor their service mentioning the tragic sinking of Cheonan, kill- this country there is a spirit that we here today, as well. ing 46 South Korean Navy men on board. defend what is right, what is moral, Nearly 140,000 South Koreans were killed These men were the sons and grandsons of and at the end of the day we are better on the battle field, many of whom fought side- those who served alongside U.S. Forces in people, we are better legislators, and by-side with American forces for the cause of Korea, 60 years ago. we are a better country for it. And so preserving freedom. The heroic deeds of North Korea’s hostility cannot go ignored everyone who votes today, I think it’s these servicemen laid the foundation for an al- and the reckless rhetoric following the incident our way of saying ‘‘thank you’’ for liance between the U.S. and South Korea that is a far cry from what is expected of a mem- those who made the sacrifice and also has lasted over 60 years, bringing stability to ber of the international community. ‘‘thank you’’ for those who continue to Northeast Asia. Unfortunately, most would be hard-pressed do it as we speak today. As this resolution rightly notes, the ‘‘Repub- to find a time when North Korea was a pro- Mr. FALEOMAVAEGA. I thank the lic of Korea is among the closest allies of the ductive, accountable member of the inter- gentleman for his comments. United States.’’ In no small part this is be- national community. I might also note, Madam Speaker, cause of the sacrifices made by the brave Ko- In fact, over a year ago, I introduced a bi- that out of some 15 million Asian Pa- rean and American soldiers that fought val- partisan bill to further sanction North Korea. cific Americans, we have well over 2 iantly together. The North Korea Sanctions Act of 2009 calls million Korean Americans as part of We’ve worked hard over the years to keep on the Administration to impose hard-hitting the fiber of our great democracy that this relationship on solid footing. I’ve chaired sanctions on North Korea, as a result of their have made tremendous contributions several exchange meetings with our counter- detonation of a nuclear explosive device on to our country. I wanted to just note parts in the National Assembly. A few years May 25, 2009, under the Arms Export Control that for the record. ago (2008), legislation I authored was signed Act.

VerDate Mar 15 2010 04:26 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\K16JN7.104 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4564 CONGRESSIONAL RECORD — HOUSE June 16, 2010 Furthermore, I will continue to be an active in commemoration of the 60th anniversary of young woman stepped out of the big- voice in ensuring the safety of the over 28,000 the Korean War; gest car I had ever seen in my life and American troops currently stationed in the Ko- Whereas the motto on the United States approached my friend and me. She Army seal, ‘‘This We’ll Defend’’, is the creed wanted to take a picture with us, two rean Peninsula and will remain an outspoken by which the members of the Army live and member of the House Foreign Affairs Com- serve; young soldiers fresh out of basic train- mittee when it comes to the US response to- Whereas the United States Army is an all- ing. But it was not until about 6 wards North Korean hostility. volunteer force that is trained and ready to months later that we discovered that No one wants to see a second Korean War conduct full spectrum operations in an era of this woman was one of the most pop- or a third world war for that matter. persistent conflict; and ular movie stars in France. Whereas no matter what the cause, loca- Our veterans have sacrificed too much for b 1530 that to happen. tion, or magnitude of future conflicts, the United States can rely on its well-trained, I encourage my colleagues to support H. But all she wanted was to have a pic- well-led, and highly motivated members of ture with two young soldiers wearing Res. 86 and congratulate the author of this the United States Army to successfully resolution, Congressman RANGEL for intro- the American uniform. carry out the missions entrusted to them: While in France, I became interested ducing this bill and for his service in Korea. Now, therefore, be it Mr. FALEOMAVAEGA. I yield back Resolved by the House of Representatives (the in learning more about police duties the balance of my time. Senate concurring), That Congress— and investigations. The Army saw that The SPEAKER pro tempore. The (1) expresses its appreciation to the mem- maybe I could learn some of the stuff question is on the motion offered by bers of the United States Army for 235 years that they were teaching, and I was re- the gentleman from American Samoa of dedicated service; assigned to the Army Criminal Inves- (2) honors the valor, commitment, and sac- tigation Division. I took the lessons (Mr. FALEOMAVAEGA) that the House rifice that members of the United States suspend the rules and pass the joint and skills I learned back to South Army, their families, and Army civilians Texas where I became constable later resolution, H.J. Res. 86, as amended. have displayed throughout the history of the The question was taken. Army; and after my return from the military, and The SPEAKER pro tempore. In the (3) calls upon the President to issue a proc- later I became sheriff in Wasis County, opinion of the Chair, two-thirds being lamation— which is my county. in the affirmative, the ayes have it. (A) recognizing the 235th birthday of the The Army experience shaped my life Mr. FALEOMAVAEGA. Madam United States Army and the dedicated serv- like nothing else has ever done. It sent ice of its members; and me on the pathway to become a better Speaker, I object to the vote on the (B) calling upon the people of the United ground that a quorum is not present human being, a better elected official, States to observe the anniversary with ap- a better constable, a better county and make the point of order that a propriate ceremonies and activities. commissioner, a better sheriff, and a quorum is not present. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- better Congressman. The training was ant to the rule, the gentleman from hard and work was even harder, but the ant to clause 8 of rule XX and the Texas (Mr. ORTIZ) and the gentleman Chair’s prior announcement, further lessons were never lost. from Hawaii (Mr. DJOU) each will con- Just as was true in the early 1960s, proceedings on this motion will be trol 20 minutes. postponed. when a French movie star stopped to The Chair recognizes the gentleman take a picture with a poor boy from The point of no quorum is considered from Texas. withdrawn. South Texas, our soldiers are respected GENERAL LEAVE and admired around the world for their f Mr. ORTIZ. Madam Speaker, I ask professionalism and dedication to each RECOGNIZING 235TH BIRTHDAY OF unanimous consent that all Members other. U.S. ARMY may have 5 legislative days within I am proud of my service and my which to revise and extend their re- Army experience. I am also proud of to- Mr. ORTIZ. Madam Speaker, I move marks on the resolution under consid- day’s soldiers as they continue to fight to suspend the rules and agree to the eration. and win our Nation’s wars as they have concurrent resolution (H. Con. Res. 286) The SPEAKER pro tempore. Is there done for the last 235 years. From the recognizing the 235th birthday of the objection to the request of the gen- private in Washington’s Continental United States Army. tleman from Texas? Army facing a mighty adversary to the The Clerk read the title of the con- There was no objection. sergeant leading a patrol through the current resolution. Mr. ORTIZ. Madam Speaker, I yield mountainous terrain of Afghanistan, The text of the concurrent resolution myself such time as I may consume. the strength of our Nation is our Army, is as follows: I rise in support of House Concurrent and I am proud to be part of that leg- H. CON. RES. 286 Resolution 286, and it is my honor to acy. I am proud to wish the Army Whereas, on June 14, 1775, the Second Con- stand here today and recognize the happy birthday. tinental Congress, representing the citizens Army for its 235th birthday. But you know, time has really of 13 American colonies, authorized the es- Since 1775, the United States Army changed. When I served back then in tablishment of the Continental Army; has stood prepared to fight and win our the 1960s, I went to the draft board, and Whereas the collective expression of the pursuit of personal freedom caused the au- Nation’s wars and has provided us with I volunteered to the draft because my thorization and organization of the United some of the greatest moments in our father had passed away, and I had four States Army, led to the adoption of the Dec- history. siblings, two brothers and two sister. laration of Independence, and prompted the You know, as a poor child growing up Jobs were scarce, and I volunteered to codification of the new Nation’s basic prin- in south Texas, I never knew what ex- go and serve the Army. ciples and values in the Constitution; isted outside my neighborhood. How- Today is a different story. Today, we Whereas for the past 235 years, the United ever, when I joined the Army and left have all-volunteer services. You can States Army’s central mission has been to south Texas, the world soon opened to join the Army, the Navy, the Air fight and win wars; Whereas the 183 campaign streamers from me. When I arrived in Paris, France, as Force, the Coast Guard, the National Lexington to Iraqi Surge carried on the a military policeman fresh out of basic Guard, the Reserves. They serve and Army flag are a testament to the valor, com- training and advanced military train- they volunteer because they love our mitment, and sacrifice of the brave members ing, I knew that my life had changed country, and this is why we’re so proud of the United States Army; forever. of the young men and women who sac- Whereas members of the United States Shortly after arriving in Paris, a rifice so that you and I can enjoy the Army have won extraordinary distinction friend of mine from West Virginia, who freedoms that we have in this country. and respect for the Nation and its Army had just finished basic and military po- And the day when we fail to recognize stemming from engagement around the globe; lice school training, we headed down to the sacrifices of these young men and Whereas in 2010, the United States will re- see the Eiffel Tower. While walking women who serve, this is when the fi- flect on the contributions of members of the around the city, a limousine pulled bers of this country start to begin to United States Army on the Korean peninsula over to our side of the road and a deteriorate.

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.041 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4565 I am so proud to say that I served in Today, 235 years later, we continue with the signing of a ceasefire agree- the Army, and I wish everybody who is to honor the commitment and duty of ment. When I visit the Waco VA hos- either serving now or have served in the Army soldiers who have risked pital in my district, I’m reminded that the past a happy birthday. their lives to preserve our freedom. the mental wounds of war can some- I reserve the balance of my time. They have left a lasting mark on this times be as serious and as long-lasting Mr. DJOU. Madam Speaker, I yield Nation. During the Army’s 235-year as the physical wounds of combat. myself such time as I may consume. history, tens of thousands of these One of the greatest privileges of my Madam Speaker, I rise in support of brave young men and women have self- life was to represent for 14 years Fort H. Con. Res. 286, which was introduced lessly served on distant battlefields to Hood, Texas, which is now so ably rep- by my friends from Texas, Mr. ED- keep our Nation safe. resented by my colleague and friend, WARDS and Mr. CARTER. This resolution I am particularly proud of the resi- Congressman CARTER. Fort Hood is the recognizes the 235th birthday of the dents of Hawaii who have served and Army’s largest installation, and I had United States Army and honors the continue to serve in the Army on be- the privilege of representing it through valor, commitment, and sacrifice that half of our Nation, as well as the many three combat deployments. members of the United States Army, Reservists and Guardsmen, many of When I think about our Army sol- their families, and Army civilians have whom are my personal friends with diers and their sacrifices, I cannot help displayed throughout the history of the whom I have served with honor and dis- but think about the young soldier, United States Army. tinction. I salute them for their service probably no older than 20 years old, I I personally also want to note what to our great Nation. met in December of 1995. My wife was the recognition of the Army birthday Today, as our Nation continues to just three days away from giving birth means to myself and my district. Three fight the global war on terror, the to our first son J.T., and as an expect- things I want to point out to the floor: Army has been key to providing the ant first-time father, I could not help First off, of course, it is my honor to military capabilities it needs to persist but be excited as I talked to this young represent Hawaii’s First Congressional in the struggle for liberty and democ- soldier sitting next to his young, preg- District, which is home to the 25th In- racy. Through the efforts of the U.S. nant wife, talking about how excited I fantry Division of the United States Army, the world has been made a more was to become a father. Army. It is also home of U.S. Army Pa- secure, prosperous, and better place for This soldier, who was about to deploy cific, Tripler Army Medical Center, all of mankind. The courage and dedi- for Bosnia, said without an air of com- Fort Shafter and of course my Army cation of those soldiers and their fami- plaint in his voice: Sir, I missed the Reserve unit. All of which I take great lies are an inspiration to us all, and birth of my first son because I was pride in representing here in the Con- may the rest of us endeavor to be serving in Iraq, and I will miss the gress. Second, I think it speaks to the ‘‘Army Strong’’ in our own lives. birth of my second child because I will strength and vitality and greatness of I am honored to speak in favor of this be serving in Bosnia. He said, Sir, I’m our Nation and our Nation’s Army that resolution and urge my colleagues to proud to serve my country. I, for myself, a child of immigrants join me in support of H. Con. Res. 286 Madam Speaker, one cannot put a from Thailand and China, had the and recognize the 235th birthday of the price on the sacrifice of a young father privilege of calling myself an officer in United States Army. missing the birth of his two children. the United States Army Reserve. It is a Madam Speaker, I reserve the bal- There are no makeup days for missed true testimony of the greatness of our ance of my time. births, birthdays, anniversaries, and Nation and the greatness of our Armed Mr. ORTIZ. I yield such time as my graduations. That is why we are so Forces that the child of immigrants good friend from Texas (Mr. EDWARDS) deeply grateful to our soldiers and would be allowed to serve as an officer may consume, my friend and colleague their families. in the most powerful fighting force the and member of the Appropriations To the spouses, children, parents, and world has ever known. Committee. loved ones of our Army soldiers, I say, Third and finally, of course, I am Mr. EDWARDS of Texas. I want to you are the unsung heroes of our Na- enormously humbled to call myself a thank Chairman ORTIZ for the time tion’s defense. Whether you have worn Member of the House of Representa- today and, most importantly, not only our Nation’s uniform or not, you have tives, and I think it is also testimony for his service in the U.S. Army as a truly served our country. For those of the greatness of our military, Armed soldier but for his leadership as a key family members who have lost loved Forces, and for the United States Army subcommittee chairman on the House ones in combat, we know you continue that I had the privilege earlier today of Armed Services Committee. The gen- to sacrifice each and every day of your sitting in a hearing with General tleman from Texas works every day to life. Petraeus discussing current actions support our soldiers, not just with his Were it not for the U.S. Army and and operations going on in Afghani- words but with his deeds, and I’m deep- the magnificent men and women who stan. ly grateful for that. have served in it and are serving in it I think one of the beauties of our Madam Speaker, this resolution hon- today, the world would be a much dif- Army today is the fact that our Army ors the 235th anniversary of the United ferent place, a less stable, a less free is professional; it is well-trained; and it States Army, and I rise today on behalf place. also is under civilian control; and that of a grateful Nation to say thank you Just a few weeks ago, I had the honor even four-star generals have to answer to every Army soldier, past and of meeting Len Lomell. Most Ameri- to the elected officials of our Nation’s present, for their service to our Nation. cans have not heard the name of Len people. We express our gratitude with the hu- Lomell. He lives in Toms River, New As a Member of the House Armed mility of knowing that we could never Jersey, with his wife. My wife and I Services Committee and as a captain in fully repay the debt of gratitude we took our two young sons, J.T. and Gar- the Reserve, I’m proud to speak in very owe our soldiers and their families for rison, to meet with Mr. Lomell because strong support of this resolution. the sacrifices they have made to pro- in my book, he is a true American On June 14, 1775, in Philadelphia, a tect our Nation. hero. As an Army soldier on D-day in weary group of Continental Congress- When I drive past Arlington Ceme- 1944, Len Lomell joined with Earl Rud- men worked by candlelight to lay out tery each morning on my way to the der and the Second Battalion Army the provisions to form an Army. The U.S. Capitol, I’m always reminded of Rangers and climbed up that difficult, result was a simple paragraph order for that sacrifice, sacrifice of those who, in life-threatening cliff in the face of Ger- the colonial States to provide men and the words of Lincoln, gave their last man gunfire and grenades to try to arms to continue an uphill fight full measure of devotion to country. knock out the five massive German against England. That simple para- When I met with several young am- guns that could have put at risk the graph order or resolution authorized putees and double amputees earlier entire Allied invasion of D-day. the formation of 10 rifle companies, this week at a charity event for wound- Len Lomell, along with one other sol- and thus began the formation and the ed warriors, I was reminded that the dier, went out scouring for the guns be- beginnings of our United States Army. personal sacrifices of war do not end cause they had been moved, unknown

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.105 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4566 CONGRESSIONAL RECORD — HOUSE June 16, 2010 to Army intelligence, been moved away EDWARDS had represented them for Okay, so when are you guys going to be from that cliff that we know as Pointe many years and had done an out- through over here in Korea? Most of du Hoc. It was Len Lomell who found standing job, and I was going to be the them were going to be out within the those guns, and while nearly 100 Ger- new kid on the block going to Fort next 8 months. And I said, Where do mans were standing just a few yards Hood. And so I went to my office and I you want to go when you get out, ex- away, took thermite grenades and put said, the districts are changing, we’ve pecting all kinds of exotic places. No, those grenades in two different trips got to go visit soldiers, we’ve got to be sir, we want to go to either Afghani- back to those guns, put thermite gre- with soldiers. stan or Iraq. My wife and I both were a nades in those gear mechanisms of I got the opportunity through the little taken aback by that. And so my those guns and, in doing so, decommis- Speaker’s Office before I had hardly wife asked the question, Why would sioned all of them. spent any time at all in Fort Hood to you want to go there? And they gave The great historian Steven Ambrose go to Korea to visit soldiers who were an answer that is one of the definitions said that, next to Eisenhower, Len stationed in Korea, many of whom I think of the United States Army, Lomell had more to do with the victory were part of the soldiers contingency they said, Sir, we’re warfighters; that’s of D-day than any living person in this that would return to Fort Hood. I grew where the war is. That’s what we do for world. up as a small child with what was ear- a living. We are the Army. I have to wonder would the world be lier today commemorated as the Ko- Now, you hear that from a 19-year- different today had it not been for that rean War. To me it was just a map of old kid that probably a year and a half great Army soldier Len Lomell and all the peninsula of Korea that I watched ago had been playing on some practice the soldiers who served with him and lines move up and down, but I know field someplace in central Texas and all the soldiers who served before him from people who came back what a ter- you say to yourself, what magic is it and those great ones who have served rible fight that was. And I know that that we get people like this to come after him. that is still, to this day, to this very out and do this job and do it willingly Madam Speaker, we can never repay moment we stand in history, a dan- and with such patriotism and such fer- our soldiers such as Len Lomell, or the gerous place on the Earth. vor for doing the job they’re trained When we got there, we were given the young soldier I met at Fort Hood, or for? opportunity, my wife and I, to go up on Robert L. Howard, who died in my Just recently, less than a few weeks the demilitarized zone, the DMZ, where hometown of Waco this past December ago—and I shared this at the birthday ultimately, as a result of the cease fire and was buried just 4 months ago in Ar- party for the Army last night—my wife that took place in Korea, they have set lington Cemetery after earning the and I got a very nice honor of being up—both sides, you’re kind of across a Congressional Medal of Honor, the Dis- part of a small delegation of Members line looking at each other. In fact, as tinguished Service Cross, the Silver of Congress who were invited to go to recently as 4 or 5 years ago, there have the Memorial Day ceremony at Nor- Star and eight Purple Hearts in his five been fatalities on that line. There is tours of duty in Vietnam. mandy Beach where our soldiers came the opportunity for another war to ashore and accomplished the impos- b 1545 break out, theoretically, any minute of sible. In fact, we stood on Pointe du any day, 24 hours a day and has been We cannot repay the 82,000 U.S. Army Hoc, as Mr. EDWARDS was describing to soldiers serving in Iraq today or the since the end of the Korean War back you, and we looked at those cliffs and 57,000 soldiers serving in Afghanistan, in the fifties. So it was kind of a chal- we looked at the repair being done to but let us always honor them, not just lenge just to go up there. preserve that national treasure of our Then when I got there, there were all with our words and resolutions such as heroic effort. this one today, but with our deeds and these young-faced American soldiers. We got to see that beach both at high My oldest son is a football coach and a our budgets every day. and low tide, and we got to see the dis- baseball coach, and as I looked at these Our Nation has a moral obligation to tance those soldiers had to run under young men and women that I was being provide quality housing and health heavy, heavy, heavy automatic weapon introduced to; they looked just like the care for our troops and their families fire and artillery fire just to get to kids that were at the graduation cere- and first-class education for their chil- that bluff that they had to climb to get mony just a few months earlier that dren. Our Nation has a moral obliga- to the fight. You looked at it and you my son coached and taught. tion to stand up for America’s veterans When it came time for lunch, they said, I don’t think I could have done it. because they have stood up for us. gave me an opportunity to sit down at That is what I thought: I don’t think I A grateful Nation wishes our Army a this table with this bunch of young could have done it. And then you real- happy 235th birthday. May God bless men and women. I tell you this because ize that that’s the same kids, like the all our soldiers—past, present and fu- it was kind of unusual, my first time to same kids I talked to in Korea. They ture—for risking their lives to protect ever sit down with just ordinary sol- were young people who were members our divine gift of freedom. diers and talk to them. And you don’t of the United States Army; they had a Mr. DJOU. Madam Speaker, I yield really know what they’re going to say; job to do and they did it. such time as he may consume to my you’re kind of curious. Well, the first They told us a story about a soldier colleague from Texas (Mr. CARTER). thing I found out was there was one kid who landed there, fought his way Mr. CARTER. I thank my friend from there from Killeen Ellison; he played across the beach to the bluff, fought Hawaii for yielding, and I thank him football for my son when my son his way up the bluff to get off of that for the opportunity to speak on behalf coached at Killeen Ellison. There was deadly beach only to be wounded in the of this important honor we are bestow- another kid there that played baseball face—took off the right side of his face ing upon the Army by congratulating for my son when he coached at Round with a machine gun bullet. They them on their 235th birthday. Rock High School. So I realized that wrapped him up on the top of the bluff The first time that I ever realized I these were just like those kids that had and said you need to go back down on was going to be given the honor to rep- just graduated. the beach for an aid station. And his resent the United States Army was I went around the table, and this was comment was, I just fought my way off when they had a redistricting in Texas all a bunch of 18- and 19-year-old sol- of that beach. And they said, no, you’ve and I realized that my new district was diers. They came from small-town and got to be evacuated. Going back down going to have Fort Hood in it. To be big-town America. They could have to be evacuated he was shot four more quite honest, it was an overpowering been your friend, your neighbor, your times, the last of which took off the challenge to be called upon to rep- cousin, could have been your brother or left side of his face. And his comment resent over 50,000 American soldiers your sister. And there they were, that he made when he came back to and all those who work with those sol- standing up there, potentially in Normandy as a 90-year-old man—and diers. I was a little bit taken aback, harm’s way on our behalf, where it’s they said he looked fine, he said they quite frankly. Mr. EDWARDS, as he cold and windy and kind of scary. did a fine job on me and I looked good. pointed out, who has been so helpful to So that was my first contact. And I I have children, I have grandchildren me in the transition of Fort Hood, Mr. asked the question, kind of naively, and I have great grandchildren, and I

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.106 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4567 did what I did for them. And I can say ance that this country should give from Texas as well as our friend from that I always wondered if I really them. the State of Hawaii for managing this ought to come to this beach because I I am somebody who was turned away important resolution. was only here for 9 hours. True, I did on induction day when I went for my Madam Speaker, it is ironic that we get five Purple Hearts while I was here, physical on Holabird Avenue in Balti- just got through considering a resolu- but I wondered if I was worthy to come more for various physical reasons; but tion which commemorated the 60th an- back and say I landed here, because I as fate would have it, I am now niversary of the Korean War. Four of had to be evacuated. chairing the Veterans’ Affairs Sub- our colleagues were veterans of that That special something that makes committee on Disability Assistance terrible conflict: Congressman RANGEL, up the United States Army can’t be de- and Memorial Affairs. Congressman SAM JOHNSON of Texas, Congressman JOHN CONYERS of Michi- scribed to us in detail. But when you b 1600 walk among those 10,000 crosses and gan, and Congressman Howard COBLE We were in the middle of a hearing stars of David in that cemetery and of North Carolina. The Korean War yesterday on the state of the Veterans you realize that those heroes laying be- took 30,000 of our soldiers’ lives. Let us Benefits Administration when I had neath that ground are exactly like not forget their sacrifice as we honor the honor of welcoming General David those heroes who stand on the wall in the celebration of the 235th birthday of Huntoon, who is, this July, taking over the defense of liberty in Iraq and Af- the U.S. Army. the position of superintendent at West It was my honor to have served as a ghanistan today, our soldiers today are Point, which is in my district, New exactly like those of the Greatest Gen- member of the U.S. Army during the York’s 19th Congressional District, in Vietnam conflict, Madam Speaker. I eration: they sacrifice everything. the Hudson Valley. He is replacing I’m proud to represent the 31st Con- recall the time of the Revolutionary General Hagenbeck, who has served gressional District, which is the home War and of George Washington, with there for longer than I’ve been in this some 12,000 soldiers who were not very of Fort Hood. Every soldier at Fort Congress. Hood has been deployed multiple well trained. They had to go up against It is a very proud tradition at the some 30,000 British Redcoats, which times, and they never complain; they Army’s academy. It was founded short- just do the job. We Americans, wher- was the most powerful military organi- ly after the Revolutionary War at the zation at that time, but we had to fight ever we are, in this House that we are point of the Hudson River called so blessed to be able to serve or around it. We won the war, giving credit to World’s End. It’s where the Hudson General George Washington and to the world, should stop every day, when takes a 90-degree bend to the west and we have the opportunity, and say those who were able to assist him. then, once again, 90 degrees straight to Madam Speaker, as a matter of his- thank you to the United States Army the north. It is the point where the tory of the U.S. Army, during World for the quality of human beings they Revolutionary Army stretched a chain War II, some 100,000 Japanese Ameri- have produced to defend our Nation across the river to stop the British cans were incarcerated in concentra- and for the patriotic spirit that is part fleet from sailing up and influencing tion camps. Despite all the discrimina- of what makes up the psyche of Amer- the battles that were taking place fur- tion, all the hatred, and all the racism ica. ther north in the Hudson Valley. that was heaped upon the Japanese Nothing is more precious to us than To this day, West Point produces our Americans, they volunteered and orga- the United States Army. Nothing is officer corps, including my nephew, nized the 100th Battalion, 442nd Infan- more honorable to me than being given who graduated a couple of weeks ago try brigade, which was sent to Europe. the opportunity to represent over 50,000 from West Point. The corps is shortly These two military organizations be- American soldiers. And so this day I going to be leading troops in battle— came among the most decorated ever am very happy to say to our United some older than they, some younger in the history of the U.S. Army. States Army, happy birthday, U.S. than they—but the enlisted corps will As I recall distinctly of the 100th Army. We are proud of you. God bless be looking to our new officers in the Battalion, 442nd Infantry, some 18,000 you and keep you safe. Army for leadership. individual decorations were given to Mr. ORTIZ. Madam Speaker, I yield 3 I was honored to be at a gathering of the men who served, these Japanese minutes to my good friend and col- appointees who I had helped to gain ad- Americans. Some 9,000 Purple Hearts league from New York (Mr. HALL), a mission. Of course, they had to pass were awarded, some 560 Silver Stars member of the Energy and Global the admissions standards to West Point and 52 Distinguished Service Crosses— Warming Subcommittee. And as al- and to the other service academies as and ironically, only one Medal of ways, he does a great job. well. I heard a colonel from the admis- Honor. Well, we corrected that. As a re- Mr. HALL of New York. I thank the sions office at West Point say that the sult of again reviewing the value and chairman for yielding. best thing that they could do as offi- the courage of these Japanese Amer- I rise in support of House Concurrent cers in the Army is to listen. They lis- ican soldiers who fought during that Resolution 286, introduced by my col- ten to their soldiers whom they lead, time, 19 additional Medals of Honor leagues from Texas, and also the co- and they lead through service. were awarded because of what they had chairs of the Army Caucus, Mr. ED- So, once again, I would like to con- done during the war. I just wanted to WARDS and Mr. CARTER. gratulate and to honor the Army on note that as a matter of history. I would just like to follow on Mr. this 235th birthday. I urge support of I want to commend the gentleman CARTER’s remarks about the modesty the resolution by all of my colleagues, from Texas (Mr. EDWARDS) for his au- of the veteran who, upon returning to and I offer my hopes and prayers that thorship of this resolution. I sincerely the Normandy beaches, wondered all of our young officers and enlisted thank my good friend, Congressman whether he was worthy after only people—and the more senior ones and ORTIZ, for allowing me to say a few spending 9 hours there on D-day, the more experienced ones as well—will words in celebrating the 235th birthday whether he deserved to come back come back home safely. of the U.S. Army. there again. Mr. DJOU. Madam Speaker, I have no Mr. ORTIZ. Madam Speaker, at the I have spoken to Army veterans who further requests for time, and I yield same time we are honoring these sol- were wounded and needed help but say back the balance of my time. diers, we cannot forget their families, I don’t want to go to the VA and ask Mr. ORTIZ. Madam Speaker, I yield 3 because they have sacrificed as well. for help because maybe there’s some- minutes to the chairman of the Sub- I have known 29 soldiers who have body wounded worse than I was and committee on Asia and the Pacific of been killed in the Afghanistan and Iraq they need the help more, they need the the Foreign Affairs Committee, my wars. At one of these funerals that I at- money more than I need it. That mod- good friend and colleague from Amer- tended, I met a young soldier who was esty and sense of self-sufficiency is ad- ican Samoa (Mr. FALEOMAVAEGA), my escorting a body to my district, and he mirable, but something that we on the good friend with whom I have had the gave me this poem that I will always Veterans Services Committee try to privilege of working for many years. carry with me and that I will never forget past and try to convince all vet- Mr. FALEOMAVAEGA. I do want to get. These are the people whose birth- erans that they have earned the assist- thank my good friend and colleague day we are celebrating today.

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.108 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4568 CONGRESSIONAL RECORD — HOUSE June 16, 2010 It is entitled, ‘‘Soldier.’’ pend the rules and agree to the concur- Buchanan Gohmert Marchant ‘‘I was that which others did not rent resolution, H. Con. Res. 286. Burgess Gonzalez Markey (CO) Burton (IN) Goodlatte Markey (MA) want to be. The question was taken. Butterfield Gordon (TN) Marshall ‘‘I went where others feared to go and The SPEAKER pro tempore. In the Buyer Granger Matheson did what others failed to do. opinion of the Chair, two-thirds being Calvert Graves (GA) Matsui ‘‘I asked nothing from those who in the affirmative, the ayes have it. Camp Graves (MO) McCarthy (CA) Campbell Grayson McCarthy (NY) gave nothing, and reluctantly accepted Mr. ORTIZ. Mr. Speaker, I object to Cantor Green, Al McCaul the thought of eternal loneliness the vote on the ground that a quorum Cao Green, Gene McClintock should I fail. is not present and make the point of Capito Griffith McCollum ‘‘I have seen the face of terror, felt order that a quorum is not present. Capps Grijalva McCotter Capuano Guthrie McDermott the stinging cold of fear, and enjoyed The SPEAKER pro tempore. Pursu- Cardoza Gutierrez McGovern the sweet taste of a moment’s love. ant to clause 8 of rule XX and the Carnahan Hall (NY) McHenry ‘‘I have cried, pained, and hoped; but Chair’s prior announcement, further Carney Hall (TX) McIntyre most of all, I have lived times others proceedings on this motion will be Carson (IN) Halvorson McKeon Carter Hare McMahon would say were best forgotten. postponed. Cassidy Harman McMorris ‘‘At least someday I will be able to The point of no quorum is considered Castle Harper Rodgers say that I was proud of what I was, a withdrawn. Castor (FL) Hastings (FL) McNerney soldier.’’ Chaffetz Hastings (WA) Meek (FL) This is their birthday, the United f Chandler Heinrich Meeks (NY) Childers Heller Mica States Army. ANNOUNCEMENT BY THE SPEAKER Chu Hensarling Michaud Mr. FALEOMAVAEGA. Mr. Speaker, I rise PRO TEMPORE Clarke Herger Miller (FL) today in strong support of H. Con. Res. 286, Clay Herseth Sandlin Miller (MI) The SPEAKER pro tempore. Pursu- celebrating the 235th birthday of the United Cleaver Higgins Miller (NC) ant to clause 8 of rule XX, proceedings Clyburn Hill Miller, Gary States Army. will resume on motions to suspend the Coble Hinchey Miller, George First, I would like to thank Chairman SKEL- Coffman (CO) Hinojosa Minnick rules previously postponed. TON and Ranking Member MCKEON of the Cohen Hirono Mitchell Votes will be taken in the following Committee on Armed Services for bringing the Cole Hodes Mollohan order: Conaway Holden Moore (KS) resolution to the floor today. I also want to House Concurrent Resolution 242, by Connolly (VA) Holt Moore (WI) commend my good friend, Congressman CHET Conyers Honda Moran (KS) the yeas and nays; EDWARDS of Texas, for introducing this resolu- Cooper Hoyer Moran (VA) House Resolution 1422, by the yeas tion as well as all of the other cosponsors for Costa Hunter Murphy (CT) and nays; and Costello Inslee Murphy (NY) their rapid and strong support. House Resolution 1414, de novo. Courtney Israel Murphy, Patrick The freedoms that this great country was Murphy, Tim Remaining postponed votes will be Crenshaw Issa built on were not formed out of peace and di- Critz Jackson (IL) Myrick plomacy, but out of necessity for war. The taken later in the week. Crowley Jenkins Nadler (NY) Cuellar Johnson (IL) Napolitano United States Army has ensured the safety The first electronic vote will be conducted as a 15-minute vote. Remaining Culberson Johnson, E. B. Neal (MA) and continuance of the freedoms won since Neugebauer electronic votes will be conducted as 5- Cummings Johnson, Sam the Revolutionary War that declared our inde- Dahlkemper Jones Nunes pendence from Great Britain. In 1775, the minute votes. Davis (AL) Jordan (OH) Nye Davis (CA) Kagen Oberstar Continental Army was formed representing the f Davis (KY) Kanjorski Obey thirteen American colonies consisting of a few Davis (TN) Kaptur Olson HONORING THE NAACP ON ITS thousand soldiers. Today, according to the DeFazio Kennedy Olver 101ST ANNIVERSARY Department of Defense, there are over 2 mil- DeGette Kildee Ortiz Delahunt Kilpatrick (MI) Owens lion personnel serving in our Armed Forces The SPEAKER pro tempore. The un- DeLauro Kilroy Pallone while 675,000 are either active duty or reserve finished business is the vote on the mo- Dent Kind Pascrell in the U.S. Army. tion to suspend the rules and agree to Deutch King (IA) Pastor (AZ) the concurrent resolution (H. Con. Res. Diaz-Balart, L. King (NY) Paul I would like to take this opportunity to sin- Diaz-Balart, M. Kingston Paulsen cerely give my thanks to all the men and 242) honoring and praising the National Dicks Kirk Payne women who have served and are serving in Association for the Advancement of Dingell Kirkpatrick (AZ) Pence the U.S. Army. As a Vietnam veteran, I appre- Colored People on the occasion of its Djou Kissell Perlmutter 101st anniversary, on which the yeas Doggett Klein (FL) Perriello ciate the dedication and service of all those Donnelly (IN) Kline (MN) Peters who have volunteered. The United States mili- and nays were ordered. Doyle Kosmas Peterson tary is an essential component of our country’s The Clerk read the title of the con- Dreier Kratovil Petri success and we owe them a debt of gratitude. current resolution. Driehaus Kucinich Pingree (ME) Duncan Lamborn Pitts Given that the average age of a soldier in the The SPEAKER pro tempore. The Edwards (MD) Lance Platts U.S. Army today is 22 years old, I would like question is on the motion offered by Edwards (TX) Langevin Poe (TX) to recognize the young men and women of the gentleman from Tennessee (Mr. Ehlers Larsen (WA) Polis (CO) this country for devoting themselves to main- COHEN) that the House suspend the Ellison Larson (CT) Pomeroy Ellsworth Latham Posey taining the freedoms and rights enumerated by rules and agree to the concurrent reso- Emerson LaTourette Price (GA) our founding fathers since 1776. lution. Engel Latta Price (NC) The United States Army personnel, as well The vote was taken by electronic de- Eshoo Lee (CA) Putnam vice, and there were—yeas 421, nays 0, Etheridge Lee (NY) Quigley as all branches of the military, deserve not Fallin Levin Radanovich only our respect, but our recognition. Our not voting 11, as follows: Farr Lewis (CA) Rahall United States military today is the strongest [Roll No. 365] Fattah Lewis (GA) Rangel and fiercest volunteer force dedicated to pro- YEAS—421 Filner Linder Rehberg Flake Lipinski Reichert tecting and defending our great nation. For Ackerman Barton (TX) Bonner Fleming LoBiondo Reyes this reason I would like to recognize all U.S. Aderholt Bean Bono Mack Forbes Loebsack Richardson military personnel serving in our homeland Adler (NJ) Becerra Boozman Fortenberry Lofgren, Zoe Rodriguez and throughout the world. Akin Berkley Boren Foster Lowey Roe (TN) Alexander Berman Boswell Foxx Lucas Rogers (AL) For their service, valor and commitment, we Altmire Berry Boucher Frank (MA) Luetkemeyer Rogers (KY) must honor the United States Army. I urge my Andrews Biggert Boustany Franks (AZ) Luja´ n Rogers (MI) colleagues to pass H. Con. Res. 286. Arcuri Bilbray Boyd Frelinghuysen Lummis Rohrabacher Mr. ORTIZ. I yield back the balance Austria Bilirakis Brady (PA) Fudge Lungren, Daniel Rooney Baca Bishop (GA) Brady (TX) Gallegly E. Ros-Lehtinen of my time. Bachmann Bishop (NY) Braley (IA) Garamendi Lynch Roskam The SPEAKER pro tempore (Mr. Bachus Blackburn Bright Garrett (NJ) Mack Ross GARAMENDI). The question is on the Baird Blumenauer Broun (GA) Gerlach Maffei Rothman (NJ) Baldwin Blunt Brown, Corrine motion offered by the gentleman from Giffords Maloney Roybal-Allard Barrow Boccieri Brown-Waite, Gingrey (GA) Manzullo Royce Texas (Mr. ORTIZ) that the House sus- Bartlett Boehner Ginny

VerDate Mar 15 2010 05:20 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.109 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4569 Ruppersberger Simpson Tonko Brown, Corrine Gonzalez Marchant Salazar Slaughter Towns Rush Sires Towns Brown-Waite, Goodlatte Markey (CO) Sa´ nchez, Linda Smith (NE) Tsongas Ryan (OH) Skelton Tsongas Ginny Gordon (TN) Markey (MA) T. Smith (NJ) Turner Ryan (WI) Slaughter Turner Buchanan Granger Marshall Sanchez, Loretta Smith (TX) Upton Salazar Smith (NE) Upton Burgess Graves (GA) Matheson Sarbanes Smith (WA) Van Hollen Sa´ nchez, Linda Smith (NJ) Van Hollen Burton (IN) Graves (MO) Matsui Scalise Snyder Visclosky T. Smith (TX) Vela´ zquez Butterfield Grayson McCarthy (CA) Schakowsky Space Walden Sanchez, Loretta Smith (WA) Visclosky Buyer Green, Al McCarthy (NY) Schauer Speier Walz Sarbanes Snyder Walden Calvert Green, Gene McCaul Schiff Spratt Wasserman Scalise Space Walz Camp Griffith McClintock Schmidt Stark Schultz Schakowsky Speier Wasserman Campbell Grijalva McCollum Schock Stearns Waters Schauer Spratt Schultz Schrader Stupak Cantor Guthrie McCotter Watson Schiff Stark Waters Schwartz Sullivan Cao Gutierrez McDermott Watt Schmidt Stearns Watson Scott (GA) Sutton Capito Hall (NY) McGovern Waxman Schock Stupak Watt Scott (VA) Tanner Capps Hall (TX) McHenry Weiner Schrader Sullivan Waxman Sensenbrenner Taylor Capuano Halvorson McIntyre Welch Schwartz Sutton Weiner Cardoza Serrano Teague Hare McKeon Westmoreland Scott (GA) Tanner Welch Carnahan Harman McMahon Sessions Terry Whitfield Scott (VA) Taylor Westmoreland Carney Harper McMorris Sestak Thompson (CA) Wilson (OH) Sensenbrenner Teague Whitfield Carson (IN) Hastings (FL) Rodgers Shadegg Thompson (MS) Wilson (SC) Serrano Terry Wilson (OH) Carter Hastings (WA) McNerney Shea-Porter Thompson (PA) Wittman Sessions Thompson (CA) Wilson (SC) Cassidy Heinrich Meek (FL) Sherman Thornberry Wolf Sestak Thompson (MS) Wittman Castle Heller Meeks (NY) Shimkus Tiahrt Shadegg Thompson (PA) Wolf Castor (FL) Hensarling Mica Shuler Tiberi Woolsey Shea-Porter Thornberry Woolsey Chaffetz Herger Michaud Shuster Tierney Wu Sherman Tiahrt Wu Chandler Herseth Sandlin Miller (FL) Sires Titus Yarmuth Shimkus Tiberi Yarmuth Childers Higgins Miller (MI) Skelton Tonko Young (FL) Shuler Tierney Young (AK) Chu Hill Miller (NC) NAYS—3 Shuster Titus Young (FL) Clarke Himes Miller, Gary Johnson (IL) Paul Young (AK) NOT VOTING—11 Clay Hinchey Miller, George Clyburn Hinojosa Minnick NOT VOTING—13 Barrett (SC) Hoekstra Melancon Coble Hirono Mitchell Bishop (UT) Inglis Wamp Coffman (CO) Hodes Mollohan Barrett (SC) Ellsworth Simpson ´ Brown (SC) Jackson Lee Cohen Holden Moore (WI) Bishop (UT) Hoekstra Velazquez Brown (SC) Inglis Davis (IL) (TX) Cole Holt Moran (KS) Wamp Cleaver Melancon Himes Johnson (GA) Conaway Honda Moran (VA) Davis (IL) Moore (KS) Connolly (VA) Hoyer Murphy (CT) 1636 b Conyers Hunter Murphy (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. PAULSEN changed his vote from Cooper Inslee Murphy, Patrick The SPEAKER pro tempore (during Costa Israel Murphy, Tim ‘‘nay’’ to ‘‘yea.’’ Costello Issa Myrick the vote). Less than 2 minutes remain So (two-thirds being in the affirma- Courtney Jackson (IL) Nadler (NY) in this vote. Crenshaw Jackson Lee Napolitano tive) the rules were suspended and the b 1645 concurrent resolution was agreed to. Critz (TX) Neal (MA) Crowley Jenkins Neugebauer The result of the vote was announced So (two-thirds being in the affirma- Cuellar Johnson (GA) Nunes tive) the rules were suspended and the as above recorded. Culberson Johnson, E. B. Nye A motion to reconsider was laid on Cummings Johnson, Sam Oberstar resolution was agreed to. The result of the vote was announced the table. Dahlkemper Jones Obey Davis (AL) Jordan (OH) Olson as above recorded. f Davis (CA) Kagen Olver A motion to reconsider was laid on Davis (KY) Kanjorski Ortiz the table. HONORING THE DEPARTMENT OF Davis (TN) Kaptur Owens DeFazio Kennedy Pallone f JUSTICE ON ITS 140TH ANNIVER- DeGette Kildee Pascrell SARY Delahunt Kilpatrick (MI) Pastor (AZ) CONGRATULATING URBAN PREP DeLauro Kilroy Paulsen The SPEAKER pro tempore (Ms. LEE CHARTER ACADEMY—ENGLE- Dent Kind Payne WOOD CAMPUS of California). The unfinished business Deutch King (IA) Pence is the vote on the motion to suspend Diaz-Balart, L. King (NY) Perlmutter The SPEAKER pro tempore. The un- the rules and agree to the resolution Diaz-Balart, M. Kingston Perriello finished business is the question on Dicks Kirk Peters (H. Res. 1422) honoring the Department Dingell Kirkpatrick (AZ) Peterson suspending the rules and agreeing to of Justice on the occasion of its 140th Djou Kissell Petri the resolution (H. Res. 1414) congratu- anniversary, on which the yeas and Doggett Klein (FL) Pingree (ME) lating Urban Prep Charter Academy for Donnelly (IN) Kline (MN) Pitts Young Men—Englewood Campus, the nays were ordered. Doyle Kosmas Platts The Clerk read the title of the resolu- Dreier Kratovil Poe (TX) Nation’s first all-male charter high tion. Driehaus Kucinich Polis (CO) school, for achieving a 100 percent col- The SPEAKER pro tempore. The Duncan Lamborn Pomeroy lege acceptance rate for all 107 mem- Edwards (MD) Lance Posey bers of its first graduating class of 2010, question is on the motion offered by Edwards (TX) Langevin Price (GA) the gentleman from Tennessee (Mr. Ehlers Larsen (WA) Price (NC) as amended. COHEN) that the House suspend the Ellison Larson (CT) Putnam The Clerk read the title of the resolu- rules and agree to the resolution. Emerson Latham Quigley tion. Engel LaTourette Radanovich The SPEAKER pro tempore. The This is a 5-minute vote. Eshoo Latta Rahall The vote was taken by electronic de- Etheridge Lee (CA) Rangel question is on the motion offered by vice, and there were—yeas 416, nays 3, Fallin Lee (NY) Rehberg the gentlewoman from California (Ms. Farr Levin Reichert not voting 13, as follows: WOOLSEY) that the House suspend the Fattah Lewis (CA) Reyes rules and agree to the resolution, as [Roll No. 366] Filner Lewis (GA) Richardson Flake Linder Rodriguez amended. YEAS—416 Fleming Lipinski Roe (TN) The question was taken. Ackerman Bartlett Boccieri Forbes LoBiondo Rogers (AL) The SPEAKER pro tempore. In the Aderholt Barton (TX) Boehner Fortenberry Loebsack Rogers (KY) opinion of the Chair, two-thirds being Adler (NJ) Bean Bonner Foster Lofgren, Zoe Rogers (MI) Akin Becerra Bono Mack Foxx Lowey Rohrabacher in the affirmative, the ayes have it. Alexander Berkley Boozman Frank (MA) Lucas Rooney RECORDED VOTE Altmire Berman Boren Franks (AZ) Luetkemeyer Ros-Lehtinen Mr. ANDREWS. Madam Speaker, I Andrews Berry Boswell Frelinghuysen Luja´ n Roskam Arcuri Biggert Boucher Fudge Lummis Ross demand a recorded vote. Austria Bilbray Boustany Gallegly Lungren, Daniel Rothman (NJ) A recorded vote was ordered. Baca Bilirakis Boyd Garamendi E. Roybal-Allard The SPEAKER pro tempore. This is a Bachmann Bishop (GA) Brady (PA) Garrett (NJ) Lynch Royce 5-minute vote. Bachus Bishop (NY) Brady (TX) Gerlach Mack Ruppersberger The vote was taken by electronic de- Baird Blackburn Braley (IA) Giffords Maffei Rush Baldwin Blumenauer Bright Gingrey (GA) Maloney Ryan (OH) vice, and there were—ayes 420, noes 0, Barrow Blunt Broun (GA) Gohmert Manzullo Ryan (WI) not voting 12, as follows:

VerDate Mar 15 2010 06:16 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.042 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4570 CONGRESSIONAL RECORD — HOUSE June 16, 2010 [Roll No. 367] Neugebauer Roskam Stark committee addressing the question of Nunes Ross Stearns AYES—420 Nye Rothman (NJ) Stupak the United-Continental merger, I was Oberstar Roybal-Allard Sullivan unavoidably detained and I missed the Ackerman Davis (KY) Jones Obey Royce Sutton Aderholt Davis (TN) Jordan (OH) vote of H. Con. Res. 242, honoring and Olson Ruppersberger Tanner Adler (NJ) DeFazio Kagen praising the National Association for Ortiz Rush Taylor Akin DeGette Kanjorski Owens Ryan (OH) Teague the Advancement of Colored People on Alexander Delahunt Kaptur Pallone Ryan (WI) Terry the occasion of its 101st anniversary. If Altmire DeLauro Kennedy Pascrell Salazar Thompson (CA) I had been present, I would have voted Andrews Dent Kildee Pastor (AZ) Sa´ nchez, Linda Thompson (MS) Arcuri Deutch Kilpatrick (MI) Paul T. Thompson (PA) an enthusiastic ‘‘aye.’’ Austria Diaz-Balart, L. Kilroy Paulsen Sanchez, Loretta Thornberry f Baca Diaz-Balart, M. Kind Payne Sarbanes Tiahrt Bachmann Dicks King (IA) Pence Scalise Tiberi TRIBUTE TO MANUEL SEMAN AND Bachus Dingell King (NY) Perlmutter Schakowsky Tierney LUISE PANGELINAN VILLAGOMEZ Baird Djou Kingston Perriello Schauer Titus Baldwin Doggett Kirk Peters Schiff Tonko (Mr. SABLAN asked and was given Barrow Donnelly (IN) Kirkpatrick (AZ) Peterson Schmidt Towns permission to address the House for 1 Bartlett Doyle Kissell Petri Schock Tsongas Barton (TX) Dreier Klein (FL) minute.) Pingree (ME) Schrader Turner Mr. SABLAN. Madam Speaker, some Bean Driehaus Kline (MN) Pitts Schwartz Upton Becerra Duncan Kosmas Platts Scott (GA) Van Hollen families have an out-size influence in Berkley Edwards (MD) Kratovil Poe (TX) Scott (VA) Vela´ zquez their community. With 12 children, 40 Berman Edwards (TX) Kucinich Polis (CO) Sensenbrenner Visclosky grandchildren, 30 great grandchildren Berry Ehlers Lamborn Pomeroy Serrano Walden Biggert Ellison Lance Posey Sessions Walz and 2 great-great grandchildren, Bilbray Emerson Langevin Price (GA) Sestak Wasserman Manuel Seman and Luise Pangelinan Bilirakis Engel Larsen (WA) Price (NC) Shadegg Schultz Villagomez have clearly had an impact. Bishop (GA) Eshoo Larson (CT) Putnam Shea-Porter Waters But their influence was more than nu- Bishop (NY) Etheridge Latham Quigley Sherman Watson Blackburn Fallin LaTourette Radanovich Shimkus Watt merical. The Villagomezes were among Blumenauer Farr Latta Rahall Shuler Waxman the first great entrepreneurs to emerge Blunt Fattah Lee (CA) Rangel Shuster Weiner from the ashes of World War II in the Boccieri Filner Lee (NY) Rehberg Simpson Welch Boehner Flake Levin Reichert Sires Westmoreland Northern Mariana Islands. Bonner Fleming Lewis (CA) Reyes Skelton Whitfield Manny’s family had farmed and Bono Mack Forbes Lewis (GA) Richardson Slaughter Wilson (OH) fished, selling their produce to Japa- Boozman Fortenberry Linder Rodriguez Smith (NE) Wilson (SC) nese retail stores before the war. But Boren Foster Lipinski Roe (TN) Smith (NJ) Wittman Boswell Foxx LoBiondo Rogers (AL) Smith (TX) Wolf afterwards Manny and Luise became Boucher Frank (MA) Loebsack Rogers (KY) Smith (WA) Woolsey business people themselves. They Boustany Franks (AZ) Lofgren, Zoe Rogers (MI) Snyder Wu began with a small grocery store in Boyd Frelinghuysen Lowey Rohrabacher Space Yarmuth Brady (PA) Fudge Lucas Rooney Speier Young (AK) Chalan Kanoa, then added a second in Brady (TX) Gallegly Luetkemeyer Ros-Lehtinen Spratt Young (FL) Garapan. They invested in real estate, Braley (IA) Garamendi Luja´ n went into construction, sold scrap and Bright Garrett (NJ) Lummis NOT VOTING—12 grew their fortunes. They invested, Broun (GA) Gerlach Lungren, Daniel Barrett (SC) Davis (IL) Inglis Brown, Corrine Giffords E. Bishop (UT) Ellsworth Melancon too, in their children’s education, Brown-Waite, Gingrey (GA) Lynch Brown (SC) Hirono Olver though they had only a sixth grade and Ginny Gohmert Mack Cassidy Hoekstra Wamp Buchanan Gonzalez Maffei third grade education between them. Burgess Goodlatte Maloney b 1654 And they taught their children busi- Burton (IN) Gordon (TN) Manzullo ness, bringing them into the stores at Butterfield Granger Marchant So (two-thirds being in the affirma- an early age. Buyer Graves (GA) Markey (CO) tive) the rules were suspended and the Luise passed away, surrounded by Calvert Graves (MO) Markey (MA) resolution, as amended, was agreed to. Camp Grayson Marshall loved ones, at the Kiyu compound in Campbell Green, Al Matheson The result of the vote was announced Fina Sisu a few years ago. But Manny Cantor Green, Gene Matsui as above recorded. Villagomez lives on, farming as he did Cao Griffith McCarthy (CA) A motion to reconsider was laid on as a child, still traveling occasionally, Capito Grijalva McCarthy (NY) the table. Capps Guthrie McCaul satisfied with the fruits of a life of hard Capuano Gutierrez McClintock f work and devotion to family and faith. Cardoza Hall (NY) McCollum Carnahan Hall (TX) McCotter ELECTING CERTAIN MINORITY f Carney Halvorson McDermott MEMBERS TO CERTAIN STAND- ANNOUNCEMENT BY THE SPEAKER Carson (IN) Hare McGovern ING COMMITTEES Carter Harman McHenry PRO TEMPORE Castle Harper McIntyre Mr. PENCE. Madam Speaker, by di- The SPEAKER pro tempore. All Castor (FL) Hastings (FL) McKeon rection of the House Republican Con- Chaffetz Hastings (WA) McMahon Members are reminded not to traffic Chandler Heinrich McMorris ference, I send to the desk a privileged the well while another Member is Childers Heller Rodgers resolution and ask for its immediate under recognition. Chu Hensarling McNerney consideration. Clarke Herger Meek (FL) The Clerk read the resolution, as fol- f Clay Herseth Sandlin Meeks (NY) Cleaver Higgins Mica lows: b 1700 Clyburn Hill Michaud H. RES. 1447 ISRAEL UNDER SIEGE Coble Himes Miller (FL) Coffman (CO) Hinchey Miller (MI) Resolved, That the following named mem- (Mr. POE of Texas asked and was Cohen Hinojosa Miller (NC) bers be, and they are hereby, elected to the given permission to address the House Cole Hodes Miller, Gary following standing committees: Conaway Holden Miller, George COMMITTEE ON AGRICULTURE—Mr. Rooney. for 1 minute.) Connolly (VA) Holt Minnick COMMITTEE ON HOMELAND SECURITY—Mr. Mr. POE of Texas. Madam Speaker, Conyers Honda Mitchell Graves of Georgia. Israel has the absolute right to defend Cooper Hoyer Mollohan COMMITTEE ON TRANSPORTATION AND INFRA- itself. It is under siege. In the north, it Costa Hunter Moore (KS) Costello Inslee Moore (WI) STRUCTURE—Mr. Graves of Georgia. has the terrorist group Hezbollah; in Courtney Israel Moran (KS) The resolution was agreed to. the south, it has the terrorist group Crenshaw Issa Moran (VA) A motion to reconsider was laid on Hamas, both firing missiles into that Critz Jackson (IL) Murphy (CT) Crowley Jackson Lee Murphy (NY) the table. Nation. Recently, six ships tried to Cuellar (TX) Murphy, Patrick f break a blockade going into Gaza. Culberson Jenkins Murphy, Tim Israel defends its borders and searches Cummings Johnson (GA) Myrick PERSONAL EXPLANATION ships to make sure that aid going to Dahlkemper Johnson (IL) Nadler (NY) Davis (AL) Johnson, E. B. Napolitano Ms. JACKSON LEE of Texas. Madam Gaza is not from Iran and it is not Davis (CA) Johnson, Sam Neal (MA) Speaker, because I was chairing the weapons.

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.044 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4571 But this was not humanitarian aid prematurely took the lives of six peo- tive officer, said in a statement. ‘‘In the past workers that assaulted the Israeli com- ple. We are talking about Wood Coun- three days, we have deployed more than 1,600 mandos, where 10 of them were hurt. It ty, Fulton County, Ottawa County, volunteers to help with clean-up efforts. I’m truly at a loss for words.’’ turns out that their goal was, of across Sandusky County, and adjacent The closed centers were at Grace United course, to have an international inci- counties. Methodist Church at 601 East Boundary St. dent. The reason being, after these Madison Walters has been tragically in Perrysburg and at the Mainstreet Church ships were stopped and then allowed to orphaned while her family, Mary and at 705 North Main St. in Walbridge. proceed into Gaza, the humanitarian Ryan Walters and their 4-year-old son, United Way officials said that if people aid was denied and refused by Hamas. Hayden, were all killed. We also re- still wish to volunteer and think their spe- Obviously, an international incident member Ted Kranz, Kathy Hammitt, cialized skills can be used in restoration ef- that had gone bad for Hamas. and Bailey Bowman. Over $100 million forts, they should call 2–1–1 and give their personal information for reference. Recently, myself and the gentleman of estimated damage occurred. Lake General volunteers are needed in Ottawa from Michigan (Mr. PETERS), along High School was leveled. So many busi- and Fulton counties, however. In Fulton with 128 Members of Congress have nesses, homes, farms affected. County, volunteers can go to Shiloh Chris- tried to make it clear to the White While this is a story of pain, it is also tian Union Church, 2100 County Road 5, be- House that the United States should a story of hope and human goodness, as tween 9 a.m. and 6 p.m. today while the loca- stand with our ally Israel, that we waves of thousands of volunteers have tion will change to the Swancreek Township should make it clear to Israel, to come to try to help and assist those Hall, 5565 County Road D for the weekend. America, and the rest of the world that facing such destruction. I would like to Ottawa County has a volunteer reception center at Genoa High School. Israel has the absolute right to defend submit two articles for the record that Bill Walker, the emergency management itself in this situation and support the detail examples of this compassion. director for Erie County who has been help- blockade and support their actions of And it shows to us again the signs of a ing out in Ottawa County, said the cleanup the flotilla. This should be clear to all great Nation that binds together, and there would likely continue into next week. concerned throughout the world, espe- neighbor helping neighbor. ‘‘There’s still a lot of work to do,’’ he said. cially Hamas and Hezbollah. I urge the administration, in the ‘‘But it’s way better than what it was.’’ And that’s just the way it is. strongest manner possible, to declare Amid the cleanup efforts, emergency offi- our region a Federal disaster area so cials also worked to ensure the area is pre- f pared for future storms. They tested sirens necessary aid can flow to those whose DISCLOSE ACT EXEMPTIONS yesterday across Wood County and one siren lives have been so dramatically af- in Lake Township failed to sound. The siren, (Mr. DANIEL E. LUNGREN of Cali- fected in a region already suffering outside the fire station on Ayers Road, was fornia asked and was given permission from economic recession. fixed within a few hours. to address the House for 1 minute and [From toledoblade.com, June 11, 2010] Police Chief Mark Hummer said the siren had electrical problems and may have been to revise and extend his remarks.) HELP, HOPE FROM VOLUNTEERS LIFT SPIRITS struck by lightning. Mr. DANIEL E. LUNGREN of Cali- IN TORNADO-WRECKED TOWNS; MORE THAN It was not known whether any other sirens fornia. Madam Speaker, there is uncer- 1,600 PEOPLE TURN OUT TO LEND A HAND failed to work during the testing that lasted tainty on this floor as I speak as to (By Claudia Boyd-Barrett) about three minutes and started at noon. whether or not we are going to bring up Millbury resident Tim Miller has lost his The Lake Township site where the siren the DISCLOSE Act this day in the house, and he wants to say thank you. wasn’t working is the closest location to an Rules Committee or on this floor this Not to the tornado which left him and his area of Millbury that was among the hardest week. The reason appears to be that a family homeless last weekend, but to the hit in the township. special exemption has been given to hundreds of people—most of whom he doesn’t Lake Township fire Chief Todd Walters just a select number of groups, starting know—who have come to help pick up the said the siren was tested a week ago and was pieces. working when the tornado hit on Saturday with the National Rifle Association, Thursday, on what remained of his back night. Other sirens that were activated but also not including the Gun Owners deck and next to a hole in the ground that Thursday in Lake Township were at the Mu- of America; including the Humane So- was once his house, Mr. Miller perched a nicipal Building in Millbury, Walbridge be- ciety, but not including other agricul- handwritten sign addressed to the volun- hind the police department, and on East tural groups in America. teers. It read ‘‘Thank You Everyone.’’ Broadway in news conference yesterday In other words, we are saying that ‘‘I have to,’’ Mr. Miller said. ‘‘All these morning, the township’s police and fire free speech is free for some but not all. people come out and help you out, you’ve chiefs encouraged people to prepare for fu- And as I looked at this exemption gotta thank them somehow.’’ ture storms by having a battery-operated With volunteers and emergency crews con- radio, as well as food and water in a safe area that’s been given, you have to have tinuing to pour into Wood, Fulton, and Ot- of the house, on hand at all times. over a million members. You have to tawa counties Thursday, recovery and clean- According to the National Weather Serv- have members in all 50 States. You up efforts were moving full-speed. ice, there is a chance of showers and thun- have to have existed for more than 10 In Lake Township, site of some of the derstorms today and through the weekend, years. It is obvious we have now gone worst devastation, Police Chief Mark Hum- but severe weather conditions have not been from too big to fail to too big to file. In mer said he expected the bulk of the cleanup predicted. other words, if you have got enough to be done by Saturday. After that, there Also yesterday, Ohio Department of Trans- will be small debris to pick up and rebuilding portation Director Jolene Molitoris toured juice here, you are not going to be in- efforts will begin, he said. the storm-ravaged areas and spoke with offi- cluded. But if you do, you are going to Volunteers included schoolchildren, adults cials involved in the recovery efforts. She be excluded, and you are going to be al- taking time off work, retirees, nonprofit pledged continued help by ODOT crews in lowed in this election period to fully groups, and businesspeople. clearing roads and making them safe for use your First Amendment rights. Among them, a dozen employees from the emergency personnel and the public. That’s not what the Constitution’s all Shelly Co. in Findlay and children from a lit- Ms. Molitoris said she was inspired to see about. tle league baseball team ferried hundreds of the progress made by the various govern- hamburgers, hotdogs, and refreshments to ment agencies on the ground and by volun- f residents and other volunteers in the Lake teers. TRIBUTE TO THE VICTIMS OF THE Township area. ‘‘Everybody is a team and there’s a power NORTHWESTERN OHIO TORNADOES Nine-year-old Ryan Kerr was one of the in working together,’’ Ms. Molitoris said. ‘‘It volunteers. He said he wanted to help ‘‘be- reminds us of what it means to be Ohioans.’’ (Ms. KAPTUR asked and was given cause I feel really bad about all the people In another sign that things are slowly re- permission to address the House for 1 losing their homes.’’ And, he added, ‘‘it’s covering, the Lake Township Police Depart- minute and to revise and extend her re- fun.’’ Recruitment of volunteers has been so ment moved to a former Ohio Highway Pa- marks.) successful that the United Way announced it trol substation on Lemoyne Road. Emer- Ms. KAPTUR. Madam Speaker, I rise would close two of its volunteer reception gency dispatchers for the Lake Township to recognize and pay tribute to the centers today. With so much of the general Fire Department and EMS will continue to cleanup work done, there is only need for work out of the Northwood police dispatch men and women and children who lost specialized volunteers, the agency said. center, however. their lives and were wounded in the ‘‘The community’s response has been abso- Meanwhile, others were recovering on a tornadoes that ravaged northwestern lutely tremendous,’’ Bill Kitson, United Way more personal level. After losing the house Ohio on June 5 and 6. And that disaster of Greater Toledo president and chief execu- they had moved into just three weeks ago to

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.118 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4572 CONGRESSIONAL RECORD — HOUSE June 16, 2010 the tornado, Melody Kisseberth and her Mr. BURTON of Indiana. Madam THE NEW NATIONAL SECURITY fiancee, Steve Avers, said they are gradually Speaker, last night I watched the STRATEGY: JUST WORDS? coming to terms with their ordeal. President on television, and I was real- The SPEAKER pro tempore. Under a ‘‘I was devastated for days, but now I’m ly disappointed because, instead of trying to see the bright side,’’ Ms. Kisseberth previous order of the House, the gentle- said, as she picked up the debris along with really addressing the problem of the woman from California (Ms. WOOLSEY) dozens of volunteers. ‘‘I realized we need to gulf spill, he was once again talking is recognized for 5 minutes. be thankful because there’s a lot of people about a government move to take over Ms. WOOLSEY. Madam Speaker, the worse off than us.’’ part of our country. National Security Strategy released by We have seen the government move the White House late last month has [From toledoblade.com, June 15, 2010] to take over or control the auto indus- plenty to recommend. This administra- RELATIVES PULL TOGETHER FOR GIRL try, the financial industry. We have tion, on paper and in its rhetoric and ORPHANED AFTER TORNADO seen the government or the adminis- proclamations, clearly has a broader (By the Blade staff) tration force through the health care view, beyond the use of military force, The extended family of a 7-year-old left or- bill which the vast majority of Ameri- of how to keep Americans safe. phaned and homeless by the June 5 torna- cans don’t want. And last night, in- The strategy puts a premium on di- does said Monday they are ‘‘pulling to- stead of really focusing on dealing with plomacy and multilateral cooperation gether’’ to protect the little girl. the problem in the gulf that’s going to as key tools of advancing our security Madison Walters’ mother, Mary Walters, 36, and her 4-year-old brother, Hayden, were cost maybe 150,000 jobs and make us interests. It discusses clean energy and killed shortly after a powerful tornado more dependent on foreign oil, what a reduced dependence on foreign oil. It struck the family home in Millbury, Ohio, the President did, he started talking recognizes the threat, within a na- ripping off the second story. about the cap-and-trade bill, which will tional security context, of global cli- Her father, Ryan Walters, 37, who was raise taxes on energy production, and mate change. It expresses a commit- critically injured, died Sunday at Mercy St. every family in America will suffer to ment to nuclear nonproliferation and Vincent Medical Center in Toledo. the tune of about $3,000 or $4,000 a year. pledges support for fledgling democ- Madison was released Sunday from the This is a time, Mr. President, if I racies. It includes, under the rubric of same hospital after days of treatment for were talking to him, I would say to national security, human rights, global broken bones. Her aunt, Amy Sigler, said the child is being cared for by family members. deal with the problem in the gulf in- health, and development aid. Madam ‘‘She is doing well and is surrounded by her stead of talking about taking over Speaker, it even emphasizes the impor- loving family,’’ Mrs. Sigler said. more of the private sector and raising tant national security implications of Barbara Walters, Mr. Walters’ mother, said our taxes. investing in education and human cap- she was not surprised at her son’s passing, f ital right here at home. but the family had hoped for a better out- Frankly, it sounds a lot like the come. She said the couple left a will ‘‘with COMMENDING THE PRESIDENT’S smart security platform that I have specific instructions’’ for Madison. OVAL OFFICE ADDRESS been advocating for the last several The family declined to give specifics about (Mr. RANGEL asked and was given years. I’m glad the folks at the other which family members she will live with, cit- ing a desire for privacy. permission to address the House for 1 end of Pennsylvania Avenue are get- Mr. Walters will be buried Friday with his minute.) ting there, also. wife and son in Lake Township cemetery, Mr. RANGEL. I really didn’t intend And yet, Madam Speaker, I can’t rec- Barbara Walters said. to talk, but I just wonder whether my oncile all of those promising ideas with Mrs. Sigler described her brother-in-law, a colleague was listening to the same the ongoing prosecution of two wars, long-distance runner, as an ‘‘exemplary’’ fa- President, a President who I thought which are bankrupting our country ther and husband who dedicated many volun- was responding to all Americans when morally and fiscally, without reducing teer hours to help manage the computer sys- he said that the government has a re- terrorism threats or contributing to tems at Mainstreet Church in Walbridge. sponsibility to make certain that the She said faith in God is helping the family our national security. cope with their grief. private sector upholds their commit- The situation on the ground in Af- ‘‘God’s grace is amazing,’’ she said. ‘‘We ment to people, to make certain that ghanistan remains very tenuous. While know we’re going to see him again.’’ they do what I would hope that you Americans, other NATO forces, and ci- Mr. and Mrs. Walters apparently were would want. vilians continue to shed blood, insur- asleep in an upstairs bedroom of their Main We have to get away from this whole gents and militants continue to thrive. Street house when the tornado struck. Their idea that government’s bad. Ask any- As we prepare to move in on the children were asleep in the same part of the body that has Medicaid and Medicare. Taliban’s home base of Kandahar, all house, family members said. And this President was an exciting, evidence indicates that we weren’t suc- The house appears to have been in the direct path of at least one tornado, and was fresh air for all Americans to know cessful at the more modest task of flattened to the foundation. that we will never forget those people driving them out of Marja this very Mrs. Sigler, who lives in nearby North- in Louisiana. winter. Besides, according to General wood, said she tried to call her sister to warn The whole idea of cleaning the at- McChrystal, the Kandahar offensive her about the approaching storm. She had mosphere and making this planet a isn’t even ready to start on time. watched news reports of violent thunder- better place to live, maybe that’s re- At the same moment, we have an un- storms moving across northwest Ohio, and pugnant to your way of thinking, but reliable partner in President Karzai, a knew the family was asleep. ‘‘The phone just believe me, it’s not for Democrats. It’s partner who has now dismissed two of rang and rang,’’ she said the day after the his top aides who had the best working storm hit. ‘‘I knew as soon as it hit and she for Democrats, Republicans, and for didn’t call that something was wrong.’’ the civilized world to understand that relationship with the United States. The storm was one of northwest Ohio’s we are prepared to make this a better And General Petraeus is on Capitol Hill worst. planet than the one in which people this week to tell the Armed Services The others killed include Ted Kranz, 46, have destroyed it. Committees that the last 15 to 18 who died after part of his Case Road home So I just hope that we check and see months have been about installing the fell on him after he left his basement to who you were listening to last night, ‘‘inputs’’ in Afghanistan, and that now, check on a generator; Wauseon resident because I really thought it was excit- finally, we are ready to reap some Kathy Hammitt, 56, who was en route for ing, invigorating, and gave us a lot of ‘‘outputs.’’ home along State Rt. 795 after visiting her Well, with all due respect, Madam husband at a nearby hospital, and Bailey comfort that the President really Bowman, a 20-year-old mother of a 2-year-old cared. Speaker, and respect to the General, boy, who was killed as she tried to seek shel- f we are all pleased that he is fine after ter at the Lake Township police building. briefly passing out in the Senate hear- SPECIAL ORDERS f ing room earlier this week, but in all The SPEAKER pro tempore. Under due respect, I think the American peo- DEAL WITH THE GULF the Speaker’s announced policy of Jan- ple feel as though they have been pro- (Mr. BURTON of Indiana asked and uary 6, 2009, and under a previous order viding inputs for more than 81⁄2 years was given permission to address the of the House, the following Members now. It’s particularly difficult to ac- House for 1 minute.) will be recognized for 5 minutes each. cept this explanation when we’ve seen

VerDate Mar 15 2010 05:47 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.048 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4573 $275 billion fly out of the Federal Madam Speaker, when people die, and The majority of the pollution, Treasury to pay for inputs in Afghani- that’s a horrible thing, we don’t close Madam Speaker, is not the result of stan. It’s long past time when we can down the entire airline industry for 6 the explosion itself but the delay in expect to see results, or outputs. months. That wouldn’t make sense. handling the explosion and the con- But, tragically, there will be no But shutting down the offshore drill- tainment thereof. In other words, there meaningful outputs until we make a U- ing for 6 months or more is going to be was no plan to contain the oil for at turn and reverse the strategy 180 de- the second disaster in the Gulf of Mex- least 37 days, and then it was too late grees. The outputs will come when, and ico. And it’s expanding the economic to try to contain the oil near the rig. only when, our Afghanistan policy ac- destruction caused by this explosion Now the government is overreacting tually adheres to the core principles of- and this oil spill. It will put 50,000 peo- by saying our solution to the explo- fered in the administration’s National ple or more out of work in the entire sion, to the containment, to the pollu- Security Strategy. gulf region. It affects my State of tion is: stop deepwater drilling, kill So my urgent plea to the White Texas and Louisiana and Mississippi American jobs, kill the American en- House is to embrace its own advice. If the most. ergy industry. And that will have a dis- they are serious about a new approach b 1715 astrous effect on our country. to defending and protecting America, We do need a plan for future disasters let’s not wait until July 2011. Bring our It’s interesting. Although the oil to include, who is in charge of this troops home now. spill affects Louisiana and Mississippi, leak? Who is in charge of the contain- Alabama, these are the States, along f ment? Who is in charge of the cleanup? with Texas, who want to continue And the only plan we have today is to REPORT ON RESOLUTION PRO- deepwater drilling because they know shut down deepwater drilling, and now VIDING FOR FURTHER CONSID- it’s necessary for jobs, the economy, the administration is using this as a ERATION OF H.R. 5297, SMALL and making sure that America is inde- political ploy to implement more taxes BUSINESS JOBS AND CREDIT pendent of foreign oil. on the American energy industry ACT OF 2010 What is the reason for putting these which will be called the cap-and-trade workers out of business? Why has the Mr. ARCURI, from the Committee on national energy tax. Of course, that is Federal Government seen fit to elimi- Rules, submitted a privileged report passed on to the American citizens. nate these jobs? Actions have con- (Rept. No. 111–508) on the resolution (H. So a new crippling natural energy sequences, and in this case, inaction Res. 1448) providing for further consid- tax will result in regulations on carbon also has its consequences. eration of the bill (H.R. 5297) to create dioxide emissions, the very substance Seventeen percent of the Nation’s do- the Small Business Lending Fund Pro- we as humans exhale, and it’s unfortu- mestic crude oil comes from deepwater gram to direct the Secretary of the nate that the moratorium on the drill- drilling in the Gulf of Mexico. Now Treasury to make capital investments ing has already caused devastating where is the country to obtain energy in eligible institutions in order to in- economy losses in the Gulf of Mexico, for the loss of this oil? There is no crease the availability of credit for especially in my State. plan, no answer from the administra- small businesses, and for other pur- So we would ask that the Federal tion about this question. A 6-month poses, which was referred to the House Government rescind its ban and allow moratorium will in effect send these Calendar and ordered to be printed. deepwater drilling in a safe manner. expensive rigs to Brazil and Indonesia. And that’s just the way it is. f It costs about $500,000 a day to operate f The SPEAKER pro tempore. Under a one of these deepwater offshore drilling previous order of the House, the gen- rigs. UPDATE ON GOLDMAN SACHS tleman from Kansas (Mr. MORAN) is These rigs are not going to sit there The SPEAKER pro tempore. Under a recognized for 5 minutes. and wait for the Federal Government previous order of the House, the gentle- (Mr. MORAN of Kansas addressed the to make a decision, and just like what woman from Ohio (Ms. KAPTUR) is rec- House. His remarks will appear here- happened in the 1970s and 1980s with ognized for 5 minutes. after in the Extensions of Remarks.) the American manufacturing industry, Ms. KAPTUR. Madam Speaker, f when it left America, it has never re- please allow me to update my col- turned. And these oil rigs in the deep- leagues and citizens across the country SECOND DISASTER IN THE GULF water, when they leave American wa- on some recent news about Goldman The SPEAKER pro tempore. Under a ters, they will not return ever. They Sachs, one of the white shoe Wall previous order of the House, the gen- will find some other safe haven to drill Street outfits that got bailed out by tleman from Texas (Mr. POE) is recog- for crude oil. the American taxpayer 2 years ago. nized for 5 minutes. The loss of our domestic source of oil We’ve learned that the Securities and Mr. POE of Texas. Madam Speaker, in the Gulf of Mexico will make us fur- Exchange Commission and Department when the Deepwater Horizon oil rig ex- ther dependent on foreign oil. It means of Justice are looking into Goldman ploded in the Gulf of Mexico, there was the United States will now have to im- Sachs, but there is more you should no plan to handle that disaster. The port more oil from countries that don’t know. Federal Government was missing in ac- like us, like the Middle East, like those Today, it was revealed that this priv- tion. Now the Feds have a moratorium good friends in Venezuela. It will in- ileged firm also wholly owned a mort- on deepwater offshore drilling. crease the cost to all Americans, and gage servicing company back from 2007. The administration plan, based upon that will increase tanker traffic bring- So it claims it had no knowledge of the President Obama’s speech last night, ing oil through the Gulf of Mexico. housing meltdown, but in fact, it can be summed up quite well in the Los There is a greater risk from leakage of owned a loan servicing company. Angeles Times, and I quote, ‘‘Obama’s oil tankers than there is from any Back in 2007, Goldman Sachs scooped speech: There is a pipe spewing a leakage from an offshore rig, but we up Litton Loan Servicing in Houston, gazillion gobs of oil into the gulf, so will have to bring in at least 300 more Texas. Litton specialized in collecting let’s build more windmills.’’ Yes, tankers just to make up the 17 percent money from borrowers in California Madam Speaker, that seems to be the difference, and those tankers, of and Florida. Goldman now services plan of the administration: Close down course, will bring foreign oil, not around 320,000 loans worth around $50 deepwater drilling and maybe build American oil, to the United States. We billion according to the Financial windmills. need to tap our own domestic sources Times. Why would we shut down this indus- of oil. Litton does not seem to be quite on try in the Gulf of Mexico? And what is It took 37 days for there to be an at- the up-and-up. In fact, it was just re- the purpose of this plan? The morato- tempt to have the top-kill procedure. cently forced to settle a class-action rium is preventing drilling in the Gulf Why did it take so long to make this lawsuit in Los Angeles for over half a of Mexico for the next 6 months or even decision? We’re still looking for the an- million dollars, and the Financial longer. When we have a plane crash, swer to that question. Times reports that the Better Business

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.119 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4574 CONGRESSIONAL RECORD — HOUSE June 16, 2010 Bureau has listed almost 800 com- the Members of Congress. They wait its rivals—packaged into complex securities plaints on Litton. Worse, Litton has for us in the hallways. They get on the that plunged in value once the housing bub- only put up about 29 percent of their elevators with us if we refuse to meet ble burst, leading to huge losses among in- loans into permanent modifications, vestors. with them. They pay their lobbyists Goldman’s knowledge of the perilous state leaving the rest of the consumers who here lots of money. of the U.S. property market, and its alleged tried to get one trying to find money So you keep doing what you’re doing, reluctance to share it with investors, is at to make up the difference they imme- Mr. Angelides. You keep digging. I’m the centre of civil fraud charges filed by the diately owe Litton, and oh, of course, glad you declined to meet with them. Securities and Exchange Commission—which then they will owe the accrued late And you know, according to the peo- the bank denies—and were the focus of an 11- fees. ple who spoke with the New York hour grilling of Goldman executives by Sen- Goldman Sachs says little about this, Times, many of them said they spoke ate investigators in April. of course. This is business as usual for on the condition of anonymity because Founded in 1988 by Larry Litton Sr in them, but bad business as usual it ap- Houston after the Texas real estate bust, they were not authorized to discuss the Litton developed expertise in collecting pay- pears. commission’s inner workings. So I’m ments on high-risk mortgages that were near However, the customers of Litton are glad to see that there are some Ameri- default. The company was purchased in 1996 not the only ones receiving poor serv- cans out there who are trying to get to by Credit-Based Asset Servicing and ices from Goldman Sachs. The Finan- the truth, trying to get to the heart of Securitization (C-Bass), which bought trou- cial Crisis Inquiry Commission created the matter, trying to get justice for bled loans from banks and used Litton to re- by Congress is getting similar treat- the American people in the housing structure them. ment. Despite saying that they will co- market where the deck is so strongly Because of its focus on distressed borrowers, Litton was one of the first companies operate fully, Goldman Sachs is not co- stacked against ordinary citizens who operating fully with the Financial Cri- to experiment with reducing interest pay- should hold one piece of paper they call ments for customers who had fallen behind sis Inquiry Commission. In fact, a sub- their mortgage, and yet the note for to keep them from losing their homes. Such poena had to be issued last week to get that is locked up somewhere upstream, ‘‘loan modifications’’ have become common documents from Goldman Sachs. held on Wall Street or one of its sub- practice. The New York Times quotes the sidiaries. And most Americans who are Litton’s focus on modifying loans, coupled chairman of the commission, Mr. Phil getting thrown out of their houses with its relationship with C-Bass, gave it an Angelides of California, as saying the across this country and being forcibly edge over rival servicers. following: ‘‘Goldman Sachs has not, in Because C-Bass bought bonds that were removed don’t even have enough legal backed by pools of mortgages, Litton had the our view, been cooperative with our re- advice to know that they should be quests for information or forthcoming right to modify those loans once they asking the judge to produce the origi- soured. with respect to documents, informa- nal note in those proceedings, not a Xe- According to Moody’s Investors Service, tion, or interviews.’’ roxed copy. Litton has retained the right to modify loans Should that surprise any of us? It The American people: get yourself in 95 percent of the securities backed by certainly shows that Goldman Sachs legal assistance back home from your loans it services. In contrast, other servicers does not respect the law, nor the Con- have been blocked and even sued by inves- fair housing agencies, your counseling gress, nor the executive branch, nor tors, who claim loan modifications violate agencies. You have a right to your own the American citizens, whose hard- the original contract terms. mortgage, and no one should take it earned dollars have poured into Gold- ‘‘Litton has been more aggressive than away from you if you have a leg to man leading it to record profits, huge some of the other servicers,’’ said Alan stand on. And the judge should be on White, an assistant professor at the bonuses, and no results for ordinary your side if you ask for that original Valparaiso University School of Law. ‘‘It’s people. note. part of their culture.’’ Worse, it makes one wonder what That approach has at times incurred the [From FT.com, June 16, 2010] Goldman Sachs has to hide. Otherwise, wrath of consumers. Concerned about rising why send irrelevant information to the U.S CONSUMERS RAGE AGAINST GOLDMAN complaints against the company, the Hous- commission and withhold other infor- UNIT ton chapter of the Better Business Bureau mation? Yet Goldman continues to (By Suzanne Kapner and Francesco conducted an investigation in 2005. ‘‘They drag its feet in responding, and the Guerrera) were arrogant,’’ said Dan Parsons, president commission had to subpoena. As ever-darker clouds have gathered over of the Houston chapter. ‘‘It was all about Goldman Sachs could and should do Goldman Sachs in recent months, its execu- how much money they could make.’’ tives have relied on a consistent line of The bureau voted to revoke the company’s better. They could lead Wall Street in defence. membership but Litton resigned before it corporate citizenship. We now know As regulators, congressional investigators could act. that Goldman Sachs could easily re- and activist shareholders have accused Wall Larry Litton Jr, current chief executive of duce the principal on every loan at Lit- Street’s most successful investment bank of the servicer, told the Financial Times the ton, write off all the late fees, and give putting its interests ahead of those of its cli- resignation was prompted by a failure of the 320,000 citizens some relief from the ents, Goldman’s response has been: we deal bureau to fully grasp its business strategy. housing crisis that Goldman, along with sophisticated investors who ought to He added that Litton had long been an advocate of restructuring consumer debt. with the rest of Wall Street’s biggest know how to look after themselves, not pow- erless individuals. ‘‘We do it because it’s a good financial de- investment banks—or I should say ‘‘We don’t have banking branches . . . we cision for investors, but also because it’s a speculators—had in creating. provide very few mortgages and don’t issue good outcome for consumers,’’ Mr Litton How much do you want to bet that credit cards or loans to consumers,’’ is how said. they won’t? Anyone want to hedge a Lloyd Blankfein, Goldman’s chief executive, When C-Bass ran into financial trouble in bet with a credit default swap or a syn- summarised the bank’s modus operandi in a 2007, Goldman snapped up Litton. Goldman thetic collateralized debt obligation? I recent appearance before a U.S. Senate sub- said it has extensive procedures in place to bet Goldman would be willing to sell committee. ensure that information from Litton is not you one, but you know, what they’re Yet, in one small corner of its domain, used inappropriately. Goldman interacts directly with ordinary A person familiar with the situation said really doing is they’re trying to send Americans. Through its wholly owned sub- Mr Litton did not report directly to Mr their lobbyists to try to meet with sidiary Litton Loan Servicing, which is fac- Blankfein or Goldman’s senior management, members of the commission that Mr. ing a wave of complaints from consumers, but interacted with lower-level mortgage ex- Angelides heads. Goldman collects payments on 320,000 loans, ecutives. The New York Times reports that, mainly in California and Florida, with an un- After buying Litton, Goldman took pains ‘‘Lobbyists representing Goldman in paid principal balance of $50bn. to operate the company separately from its Washington tried to arrange one-on- When Goldman acquired Litton in Decem- trading and advisory business and does not one meetings with a handful of those ber 2007 for $430m, the deal attracted little use Goldman branding on Litton’s marketing materials. Such distance is in keeping with commissioners, including Mr. attention. Compared with Goldman’s $45bn in annual revenue, Litton is tiny. Goldman Goldman’s desire to be seen as a Wall Street Angelides, but he declined to meet with says Litton services half of 1 per cent of U.S. firm that deals with high finance only. them.’’ mortgages. Many Litton customers did not realise the Congratulations, Mr. Angelides. The high-risk mortgages serviced by Lit- mortgage servicer was owned by Goldman. Guess what, they do the same thing to ton were like the many loans Goldman—and Marla Vasquez, a disgruntled customer in

VerDate Mar 15 2010 05:47 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.123 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4575 California, said she learnt about the SEC in- [From the New York Times, June 7, 2010] Lloyd C. Blankfein, Goldman’s chairman vestigation from a radio broadcast. ‘‘It sur- FINANCIAL PANEL ISSUES A SUBPOENA TO and chief executive, testified at the commis- prised me Goldman owns a company like GOLDMAN SACHS sion’s first public hearing in January, with this,’’ she said. (By Sewell Chan and Gretchen Morgenson) the top bankers Jamie Dimon of JPMorgan Chase, John J. Mack of Morgan Stanley and Washington.—The commission inves- Brian T. Moynihan of Bank of America. [From FT.com, June 16, 2010] tigating the causes of the financial crisis said on Monday that it had subpoenaed Gold- After the hearing, the commission sent SUBPRIME CONSUMERS HIT AT GOLDMAN man Sachs and harshly accused the invest- written questions for Mr. Blankfein and made requests for records in April and May. (By Suzanne Kapner) ment bank of trying to delay and disrupt its inquiry. Mr. Thomas, a California Republican who Goldman Sachs is facing a wave of com- ‘‘Goldman Sachs has not, in our view, been served 28 years in the House, said the re- plaints from consumers over the business cooperative with our requests for informa- quests to Goldman were ‘‘not inordinate’’ practices of its mortgage servicing unit, a tion, or forthcoming with respect to docu- compared with similar queries sent to a half- subsidiary that collects payments on hun- ments, information or interviews,’’ Phil dozen other banks. All of the other institu- dreds of thousands of loans worth tens of bil- Angelides, the chairman of the Financial tions complied, he said. lions of dollars. Crisis Inquiry Commission, told reporters on In contrast, Mr. Thomas said, Goldman Goldman bought Litton Loan Servicing—a a conference call. gave a ‘‘basically incomplete’’ response, even Houston, Texas, specialist in collecting The deputy chairman, Bill Thomas, ac- as it deluged the commission with so much money from high-risk borrowers—in Decem- cused Goldman of stonewalling, and said, irrelevant information that it amounted to ber 2007, a year after the bank decided to re- ‘‘They may have more to cover up than ei- ‘‘mischief-making’’ that was both ‘‘delib- ther we thought or than they told us.’’ duce its exposure to the U.S. housing mar- erate and disruptive.’’ But even as Goldman appeared to be unco- ket. Mr. Angelides, a former California treas- operative, it tried over the last month to set urer and candidate for governor, said, ‘‘We The deal gave Goldman a new way to earn up personal meetings with members of the did not ask them to pull up a dump truck to fees from subprime borrowers and provided it commission, two people briefed on the dis- our offices and dump a bunch of rubbish.’’ He with a street-level view of conditions in the cussions said. added, ‘‘This has been a very deliberate ef- U.S. housing market as the financial crisis Lobbyists representing Goldman in Wash- fort over time to run out the clock.’’ deepened. ington tried to arrange one-on-one meetings The two men also seemed to acknowledge It also put the Wall Street bank in the un- with a handful of commissioners, including that the sheer volume of data was beyond usual position of facing hundreds of com- Mr. Angelides, but he declined to meet with the commission’s capacity to analyze. ‘‘We plaints from mainstream consumers, who al- them, according to the people, who spoke on should not be forced to play Where’s Waldo? lege that Litton unfairly charged them the condition of anonymity because they on behalf of the American people,’’ Mr. money. Without admitting wrongdoing, Lit- were not authorized to discuss the commis- Angelides said. ‘‘This is not right.’’ ton agreed last year to pay $532,000 to settle sion’s inner workings. Mr. Thomas, turning to the proverb about Mr. Angelides and Mr. Thomas both said a class-action lawsuit in Los Angeles, accus- looking for a needle in a haystack, said, ‘‘We that Goldman had inundated the panel with ing it of charging late fees during a 60-day expect them to provide us with the needle.’’ data—about five terabytes, equivalent to grace period on loans it acquired from other The two men said that after the subpoena several billion printed pages—and dragged servicers. was issued on Friday, Goldman had moved to its feet on answering detailed questions schedule interviews with several executives, ‘‘Litton saw a great opportunity to make a about derivatives, securitization and other including Mr. Blankfein; David A. Viniar, lot of money by collecting servicing fees on business activities. troubled loans,’’ said Dan Parsons, president In particular, the commission sought the chief financial officer; Gary D. Cohn, the of the Houston chapter of the Better Busi- records on collateralized debt obligations president and chief operating officer; and ness Bureau, a non-profit group that pro- based on mortgage-backed securities, and Craig W. Broderick, the chief risk officer. motes responsible business practices. ‘‘But the names of Goldman’s customers in trans- The 10-member commission was slow to get when Litton takes over a loan, the borrower actions of derivatives. In a chronology it started. It recently replaced its executive di- tends to be worse off.’’ provided, the commission also indicated that rector, B. Thomas Greene, with Wendy M. Edelberg, an economist on loan from the Larry Litton Jr, chief executive of the it was interested in Goldman’s dealings with Federal Reserve, who had been the research Goldman unit, declined to comment on spe- the American International Group, the in- director. Mr. Greene, a former chief assistant cific complaints and said any fees resulted surance giant that collapsed in 2008, and in attorney general for California, remains on from normal procedures. He added that it the bank’s so-called Abacus transactions, the commission’s staff as senior counsel. was ‘‘inevitable’’ Litton would face com- which are at the heart of a civil fraud suit plaints as it deals mainly with distressed brought by the Securities and Exchange f borrowers. ‘‘Do I wish complaint levels were Commission. The SPEAKER pro tempore. Under a The commission’s unusual public criti- lower?’’ he said. ‘‘Absolutely, we take com- previous order of the House, the gen- plaints very seriously.’’ cism—it has issued 12 subpoenas, none ac- companied by stinging accusations of ob- tleman from North Carolina (Mr. The Better Business Bureau lists nearly 800 struction—underscored the anger in Wash- JONES) is recognized for 5 minutes. complaints in the U.S. against Litton during ington at the outsize profits and influence of (Mr. JONES addressed the House. His the past three years, more than have been Goldman, which had emerged nearly un- remarks will appear hereafter in the filed against most similar-sized servicers. In scathed from the financial crisis. It also re- Extensions of Remarks.) Houston, only three companies—Comcast, flected the fallout from Goldman’s Telecheck and Continental Airlines—re- unyielding strategy of standing its ground in f ceived more complaints Mr Parsons said. the face of inquiries and attacks. THE OIL SPILL Consumer Affairs, a website that tracks A spokesman for Goldman, Michael consumer problems, said it had received 390 DuVally, said, ‘‘We have been and continue The SPEAKER pro tempore. Under a complaints against Litton in the past year, a to be committed to providing the F.C.I.C. previous order of the House, the gen- 60 percent rise over the prior 12 months, and with the information they have requested.’’ tleman from Indiana (Mr. BURTON) is more than triple the number logged against The lashing by the commission further recognized for 5 minutes. some similar-sized competitors. Many com- complicated Goldman’s public image. In Mr. BURTON of Indiana. Madam April, the bank was accused of securities plaints against Litton come from consumers Speaker, my good friend Congressman who say they entered into ‘‘trial’’ mortgage fraud in a civil suit filed by the S.E.C., which POE of Texas just a few minutes ago modification programmes that reduced their contended that it created and sold a mort- payments, only to find out later that they gage investment that was secretly devised to talked about the oil spill down in the had been denied a permanent modification fail. Gulf and referred to the action or inac- and owed more money than they would have That investment and others like it were tion of the administration in dealing if they had not entered the programme. the subject of a Senate investigation that with it. He quoted something from the also exposed Goldman to withering criti- Litton’s loan modification application cism. And federal prosecutors in Manhattan L.A. Times that I thought was kind of states borrowers are liable for past due have begun looking into the mortgage prac- interesting and a little humorous that amounts, including unpaid interest, if they tices of banks, including Goldman. my colleagues might like to hear are denied a permanent modification. Late The commission, created by Congress, is again, and it quotes the LA Times as fees are supposed to be waived if permanent required to deliver a report by December, but saying: ‘‘Obama’s speech: There’s a modifications are granted. According to gov- with only $8 million and some 50 employees pipe spewing a gazillion gobs of oil into ernment data through April, Litton’s rate to draw on, it has at times seemed out- the Gulf, so let’s build more wind- for converting loans from trial to permanent matched by the targets of its inquiries. modifications was 29 percent, compared with ‘‘I suspect they’re spending more on their mills.’’ rates of more than 80 percent for some com- lawyers than our whole budget,’’ Mr. Thomas Now, I know that sounds a little hu- petitors. conceded. morous, Madam Speaker, but that

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A16JN7.050 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4576 CONGRESSIONAL RECORD — HOUSE June 16, 2010 sounded like what the President’s need to create jobs. The unemployment this hole. This is not about a question speech was all about last night. There rate in this country is at 10 percent or of whether the Federal Government is was no real solutions in dealing with very close to it, and if you include the going to step in and come on with some the problem. Everybody’s concerned people who are unemployed and look- magic silver bullet. This is an all- about it. Everybody feels empathy and ing for work who are no longer count- hands-on-deck approach. Everyone sympathy for the people in the Gulf, ed, we’re looking at 13, 14, 15 percent should be involved. And it will require the thousands of people who have lost that are unemployed. scientists and geologists and people their jobs and who are out of work, the So we need to address the economic from other oil companies from around environmental problem that’s been cre- problems, and we need to be dealing the world to help figure this thing out. ated. But what people want is they with that in a positive way and not The permits should have probably want a solution to the problem. going on with more taxes and more never been issued in the first place It has now been 57 days, 57 days since spending as the administration has without having the necessary cleanup this tragedy occurred. And what did talked about. plans in place, but it is here and it is the President do? He has suspended oil What I’d love to see if I had my now and we need to get it done. drilling in the Gulf for 6 months. Now, druthers right now, Madam Speaker, is I had the opportunity a week or so that’s going to result in as many as somebody like Ronald Reagan who ago to join some NOAA researchers, 150,000 people losing their jobs, and for could come in and cut taxes and cut those are oceanographic experts, on a the oil people that work on those der- spending and stimulate economic 9-hour mission in a P–3 plane over the ricks out there in the Gulf, that’s growth like he did, and as a result, we gulf to really understand what was 150,000 jobs that it not only affects had 20 years of economic growth. going on, what the currents were them, it affects almost six times that Right now what we’re looking at is doing. Obviously, from the southeast number of people who have ancillary more unemployment, and now they’re Florida side, we’re concerned about the jobs that work in the restaurants, that talking about, because of the way the current which may bring it through work on the beaches down there, all Gulf is being handled, the possibility of the Florida Straits and up through the the things that are going on down in more double-digit unemployment. Gulf Stream. We saw through the re- the Gulf. So you’re looking at the po- search that was done. There is this pos- tential of half a million to a million b 1730 sibility of course, and the sooner we jobs being affected adversely because This is something that we can’t tol- can cap the oil, the better. we haven’t dealt with the problem. erate right now. We need to be positive, We all know that if this oil does There have been other countries we need to move ahead, and the Presi- come to the east side of Florida, as it right after the spill took place that of- dent is not moving in that direction. has to the panhandle, it will impact fered to send skimmers, ships over here And a perfect commentary is what was Florida homeowners and businesses— to help skim up the oil on the surface in the Los Angeles Times, not a con- not to mention the environment—for of the ocean. We have had other coun- servative newspaper. And you heard generations to come. We need to do it tries that offered other help, and it’s liberal commentators all across the now, and we need to take whatever ac- all been turned down. The Jones Act country last night saying the President tion is necessary to finish that job. should have been suspended, but it was is not addressing the problem, and he is The other thing I would like to say not suspended, and as a result, the oil way late in the first place, and in the to my constituents—and obviously this crisis, the spill goes on and on and on. second place, and in the third place. is a national issue—but no one should It is extremely important that we ad- So I would like to end by saying once have to suffer because of BP’s reckless- dress the problem as quickly as pos- again, I think the Los Angeles Times ness, and taxpayers cannot and will not sible. I’m not an engineer. I don’t know was right on the money when they said be stuck with footing even a dime of what the answer is. But today we had a of Obama’s speech, There’s a pipe spew- the bill for this debacle. BP has to be meeting with people who had talked to ing a gazillion gallons of oil in the gulf, fully responsible for the full cost of the BP oil company and had talked to and what’s he talking about? More plugging the leak, cleaning up the other oil engineers, and there are taxes, more spending, and more wind- spill, and making every person, every things that are going on right now that mills. business who is harmed whole again. I they believe will address the problem, appreciate the fact that today there f hopefully in the next 2 or 3 or 4 weeks was discussion about $20 billion being or at least another month or month- The SPEAKER pro tempore. Under a put in escrow that can be drawn down and-a-half, but at least they’re moving previous order of the House, the gen- for businesses and local groups that on the problem now with auxiliary tleman from Oregon (Mr. DEFAZIO) is have to clean up this mess to pay for wells being drilled down into the bot- recognized for 5 minutes. it, but this may play out for a genera- tom of the Gulf to choke off the spill. (Mr. DEFAZIO addressed the House. tion. Let me repeat myself: BP is re- All I’d like to say tonight, in addi- His remarks will appear hereafter in sponsible for the full cost down to the tion to what’s already been said, is the Extensions of Remarks.) last dime. that we have a tragedy down there that f In Florida, we have always been con- should not be compounded by what the cerned about offshore drilling because problem has advocated, and that was OIL SPILL UPDATE we have a multibillion-dollar tourism he advocated last night that we come The SPEAKER pro tempore. Under a industry that depends on our pristine up with an energy bill, i.e., the cap- previous order of the House, the gen- waters, beautiful beaches, and coral and-trade bill. And the cap-and-trade tleman from Florida (Mr. KLEIN) is rec- reefs. Right now, every restaurant tax bill will tax all energy producers ognized for 5 minutes. owner in places like Deerfield Beach, that emit CO2 emissions into the at- Mr. KLEIN of Florida. Madam Speak- which is part of my district, every mosphere. And if translated, that er, I rise today to continue my regular hotel worker in West Palm Beach, means that companies around this real-time updates to my south Florida every entrepreneur with a small sou- country will have to pay hundreds of constituents on the BP oil spill in the venir shop or a fishing charter is con- thousands and maybe millions of dol- Gulf of Mexico. I believe it’s my re- cerned and they’re holding their breath lars more for their utility bills which sponsibility to keep the families, as to whether this water spill will af- will be passed on to the consumer in homeowners, and businesses along the fect them, affect their businesses, their the form of higher prices, and the aver- 75 miles of my coastline in my district jobs, and their livelihood. I have seen age family is going to be affected to fully informed so they can be prepared the fear on their faces, and meeting the tune of about $3,000 to $4,000 a year for all possibilities. with them has only strengthened my if cap-and-tax is passed. First things first. Obviously, the spill resolve to make sure we do not leave This is a time to deal with the crisis itself has to be capped. I certainly call our children with this terrible fate. in the Gulf, not a time to start talking on BP to deploy every possible re- We cannot let another generation about the cap-and-tax bill which is source, every expert, every technology, pass without making a serious move to going to cost jobs at a time when we every available opportunity to plug not only clean up this mess, but to

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.125 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4577 make sure that we have a plan in place a decade of rapid globalization, econo- Commerce-Justice-Science bill, to di- for other types of energy. The issue mists say companies are seeing dis- rect the Department to launch such an with deepwater drilling is not just a advantages of offshore production, initiative working with the Governors question of—of course we need more including shipping costs, complicated of this country. I hope the administra- energy and we need more oil, but to do logistics, and quality issues. Political tion and my colleagues in the Congress it in places where there is no plan in unrest and theft of intellectual prop- will embrace this initiative and reach place to clean it up for BP or anyone erty pose additional risk. I applaud out to large American companies about else is unacceptable. Caterpillar’s effort and call on every bringing the jobs home to America. A So I think this is also an opportunity other American company to follow its major repatriation program will allow to not only clean this up and deal with lead. us to create new jobs, promote U.S. ex- this issue, but also to recognize this is I believe that every American com- ports, and demonstrate that America a moment in time that should be our pany has a moral obligation to try to can still be a highly competitive manu- put-a-man-on-the-Moon moment, or create jobs in America. American com- facturer in a global market. the Manhattan Project, where every panies with overseas factories take f American says, you know something? ample advantage of American law en- CALLING ON PRESIDENT OBAMA Yes, we’re going to have oil and, yes, forcement, the American justice sys- TO STAND UNEQUIVOCALLY there are others—there is a lot of nat- tem, and countless other resources pro- WITH ISRAEL ural gas and a lot of opportunities out vided by the American taxpayer. In there, but why not more solar? I live in doing so, they have an obligation—a The SPEAKER pro tempore. Under a a State, we call it the Sunshine State. burden—to contribute and to support previous order of the House, the gen- Why aren’t we building the jobs and American job creation. tleman from New Jersey (Mr. SMITH) is having the types of technology which When an American company oper- recognized for 5 minutes. Mr. SMITH of New Jersey. Madam we’re not only creating for Florida, but ating factories overseas needs law en- Speaker, I rise today to call on the for the United States and the rest of forcement help, they turn to the FBI, President to give Israel the unequivo- the world? Whether it’s hydrogen or not the Chinese secret police. When an cal, robust, and vigorous support it de- nuclear or any other possibilities, American company is the victim of cyberattack or intellectual property serves. there are lots of opportunities, and we Since the May 31 Gaza flotilla inci- theft, they turn to the American Gov- should use this moment as a time to dent, Israel has been under media at- ernment for support and assistance, also recognize we shouldn’t be depend- tack, and even in the past few days not to the Chinese Government, which ent on fossil fuels. many articles and international news- is spying and stealing from them and So as we look at this historic dis- papers take a grossly anti-Israel slant. arresting Catholic bishops and Protes- aster, we should also look at this as an Make no mistake about it, the purpose opportunity for the future. And I be- tant pastors. That’s why I believe that, of the flotilla was to provoke an inci- lieve that now is the time to not only if asked, American companies will sup- dent, thereby to set up an inter- bring the best and the brightest to port their home country in creating national media campaign against clean up this mess. It is also an oppor- new jobs. Israel. The flotilla was an aggressive Many of the world’s largest compa- tunity to bring our best and brightest and hypocritical attempt to manipu- nies are American, but much of this minds together to end our dependence late world public opinion and to isolate manufacturing and call-center work on foreign oil over the next 10 years Israel. Thankfully, it has not worked and become a world leader in the kind has shifted overseas over the last two in the United States, where Rasmussen of clean, affordable alternative energy decades. This trend is fueled primarily polling shows that despite the anti- that will create good jobs right here in by the opening of international mar- Israel bias of so much media coverage, the United States. kets, cheap labor, and affordable ship- less than 20 percent of Americans think f ping. that the Israeli Government is to Although free trade has yielded sig- blame for the deaths that resulted from ON THE REPATRIATION OF nificant benefits to our economy and AMERICAN MANUFACTURING JOBS the incident. consumers, the U.S. has done a poor Madam Speaker, the facts of the inci- The SPEAKER pro tempore. Under a job of encouraging domestic manufac- dent were clear within 48 hours, and previous order of the House, the gen- turing investment. Now is the time for it’s high time our government sent a tleman from Virginia (Mr. WOLF) is American companies to reevaluate much more powerful and unambiguous recognized for 5 minutes. their business models and return home. message, that the United States fully Mr. WOLF. Madam Speaker, I rise to Our competitive dollar makes the U.S. supports Israel’s action to intercept discuss a critical issue for American an excellent location to export to the flotilla. The administration should families: job creation. international markets. Rising oil and emphasize that Israel’s action was With unemployment still hovering gas prices have added to the cost of legal, that it was right, and that the around 10 percent, this country must international air and shipping, which U.S. stands with Israel without any ifs, focus on new and innovative ways to has helped level the playing field for ands, or buts, or so long as, or any create jobs in America. I believe that U.S. domestic producers. More impor- other qualifiers. we must be aggressive and creative in tantly, we have a highly skilled and ef- It’s a matter of record that on May 25 our approach to job creation. That’s ficient workforce in the U.S. that is the Israeli Government offered to off- why I’ve been urging both the Federal ready to help companies start pro- load at its port of Ashdod the humani- Government and my home State of Vir- ducing at home. tarian aid the flotilla carried and to ginia to work to repatriate jobs that Finally, I believe that a repatriation have the U.N. personnel deliver it to are going overseas, to bring them back initiative is important because it fo- Gaza. On that same day, the Israeli to America. We must launch a system- cuses the U.S. on competing inter- Government also stated it would not atic program, led by all the Governors nationally for these jobs rather than permit the flotilla to break its block- of each State, to identify American States competing with other States for ade of Gaza, which is not only legal companies that are doing business existing American jobs. Instead, this under international law; but I believe abroad and incentivize the repatriation will lead to net job growth throughout it’s also just, given the rampant mari- of jobs back to America. This is nec- the United States. time arms smuggling, the 7,000 rocket essary and feasible. Over the last 4 months, I’ve been urg- attacks Hamas has launched on Israel Earlier this year, The Wall Street ing Secretary of Commerce Locke and from Gaza since 2005, and the unlimited Journal reported that a major Amer- other officials in the Department to aid that can flow to Gaza through prop- ican manufacturer, Caterpillar, was launch a national repatriation initia- er checkpoints. considering expanding its manufac- tive in conjunction with its export ini- Madam Speaker, the Turkish group turing inside the U.S. rather than over- tiative. As a result, I will be urging the that organized the flotilla has docu- seas. According to the article, repatri- Appropriations Committee to include mented ties to Hamas, which is recog- ation is gaining momentum; and after language in this year’s bill, the 2011 nized by the U.S. Department of State

VerDate Mar 15 2010 05:47 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.128 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4578 CONGRESSIONAL RECORD — HOUSE June 16, 2010 as a foreign terrorist organization. to political speech. They had this in undue burden on its operations in ex- Radicals with ties to other terrorist laying the premise for the decision pressing itself and would intimidate groups were aboard the ships. The flo- that they came to because the Supreme membership. Now, some people scoffed tilla launch was marked by violent, Court realized that the First Amend- at it and said, Well, it’s the National anti-Semitic rallies. Flotilla partici- ment’s protection for political speech Rifle Association talking again. pants spoke to al Jazeera of mar- had been under assault by various But what happened? tyrdom and sang intifada songs. All pieces of legislation passed by this We have found that the majority lis- this shows the grotesque hypocrisy of body, not that it was done for evil pur- tening to the National Rifle Associa- those who would portray the flotilla poses or intentionally to undercut the tion has created a specific exemption participants as somehow being harm- Constitution of the United States; for that group and for others similarly less peace activists. Nothing could be rather, it was done in a good-faith ef- situated, but not for others. That is the further from the truth. fort to try and deal with political cam- crux of the question: Do we have a situ- Madam Speaker, the response of the paigns and with the position of money ation in which now we say not only too Israeli Government was extraor- in political campaigns. big to fail but, for some, too big to file? dinarily restrained and responsible. The Supreme Court decided back in It is an affront to the First Amend- Israeli troops boarded the ships in the the 1970s, in Buckley vs. Valeo, that ment, and my hope is that we will not flotilla carrying paint ball guns, but money is speech, meaning that the bring this bill to the floor, because, of when the crew beat them with iron money you have you can use as you see all things, we should be most protec- rods, stabbed and lynched them and fit to further your speech. You can tive of the speech of our fellow citizens threw one of them off the deck, they print pamphlets; you can buy a mega- when they engage in political debate. got the order to defend themselves phone; you can buy a radio ad; you can f with their side arms. This, too, was buy a television ad; you can hire some- NATIONAL SECURITY AND right. Every government permits its body to represent your interest to ap- DEPENDENCE ON OIL troops to defend themselves when they pear in an ad for you. In other words, are attacked. the Supreme Court recognized that, in The SPEAKER pro tempore. Under I call on President Obama to give the way that we communicate, often- the Speaker’s announced policy of Jan- Israel our government’s full support times, it takes the use of money to fur- uary 6, 2009, the gentleman from Cali- and to make unmistakably clear our ther that communication. fornia (Mr. GARAMENDI) is recognized government’s position that Israel, in So they made a decision at that point for 60 minutes as the designee of the its response to the Gaza flotilla, was in time that, by terms of the First majority leader. fully in the right. Whether or not the Amendment, you could not stop one DISCLOSURE Israeli Government decides to adjust from using one’s money to express Mr. GARAMENDI. Madam Speaker, I the blockade, our government must one’s point of view. Then they went to rise today to engage in a colloquy with make it perfectly clear to all that we the point of asking, But how does that my colleagues on the Democratic side will never permit an anti-Israel media apply when you are giving money to a of the aisle, who will be along shortly, campaign to isolate America’s most candidate? but before I launch into the issue of na- faithful and trusted friend in the Mid- In those instances, the Court said tional security and of our dependence dle East. that the government might be able to on oil, I would like to just address what my colleague from California was f put some restrictions on speech—that is the use of money—but only if it is talking about, give an example of why b 1745 for the purpose of avoiding the corrup- disclosure is important, and would like The SPEAKER pro tempore. Under a tion of the process. That is the only to recognize the fact that it was the previous order of the House, the gentle- basis upon which the government can Republican Party mantra for nearly 20 woman from Florida (Ms. ROS- put some limitations, or parameters, years that the solution to campaign fi- LEHTINEN) is recognized for 5 minutes. around political speech. nance reform was disclosure. Now, ap- (Ms. ROS-LEHTINEN addressed the In the Citizens United case, they had parently, they want to stand up and House. Her remarks will appear here- to decide: As people individually and as say they don’t want disclosure after after in the Extensions of Remarks.) associated with others—and the First having, for 20 years, said they want dis- f Amendment talks about freedom of as- closure. sociation—what are they allowed to do, Go figure. THE FIRST AMENDMENT OF THE permitted to do, protected under the The fact of the matter is, in Cali- UNITED STATES CONSTITUTION First Amendment, when they expend fornia, in an election held just 2 weeks The SPEAKER pro tempore. Under a funds to express a point of view during ago, disclosure under the State law has previous order of the House, the gen- a period of time that is close to an played a critical role in stopping Pa- tleman from California (Mr. DANIEL E. election? cific Gas & Electric from ripping off LUNGREN) is recognized for 5 minutes. That is why the Court said that First the ratepayers of California and has Mr. DANIEL E. LUNGREN of Cali- Amendment freedoms are at their played a critical role in stopping Mer- fornia. Madam Speaker, I take these 5 height when the speaker is addressing cury Insurance Company from doing minutes to speak on a subject that is of matters of public policy, politics and the same to their customers. utmost importance but that does not governance and has its fullest and most The California law required disclo- regularly get discussed here on the urgent application to speech uttered sure. PG&E spent over $40 million in, floor, which is the First Amendment to during a campaign for political office, what I think, was blatant, false adver- the Constitution, that part of it which because that is the point in time when tising, and at the bottom of each one of deals with freedom of speech—that is, you might have the most influence on those ads, they had to read, ‘‘Paid for with freedom of political speech. your fellow citizens. by Pacific Gas & Electric.’’ Similarly, Now, obviously, the First Amend- Now, what does this have to do with with Mercury Insurance Company, the ment of the Constitution does not what we are doing here on the floor? public took one look at those ads, merely protect political speech, but in Well, there is a bill that has been in- which they saw repeatedly, and said, the decision by the U.S. Supreme troduced, called the DISCLOSE Act— Oh, that’s who’s behind it. Well, I’m a Court, known as Citizens United vs. Democracy is Strengthened by Casting ‘‘no’’ vote. Federal Election Commission, the Su- Light on Spending in Elections Act. We Disclosure works, my Republican col- preme Court noted that the First are led to believe by the majority that leagues. It’s what you wanted for more Amendment has its fullest and most all this does is promote disclosure. Yet, than 20 years, and now that you’re urgent application to speech uttered in fact, what it does under its very about to get it, you don’t want it. Well, during a campaign for political office. terms is chill political speech, so much I think not. In other words, they said, if you look so that the National Rifle Association NATIONAL SECURITY AND DEPENDENCE ON OIL at the essence of the First Amendment came out with a large complaint about Let me go to the subject at hand that protection, it goes, first and foremost, the bill, saying that it would have an we are to talk about this evening,

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.130 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4579 which is really the issue of national sewell. My colleagues on the Republican Committee. This bill is called the curity. side mentioned that, just 37 days ago, SPILL Act. It fixes our outdated liabil- For more than 40 years now, America they started the relief. That’s not true. ity laws, and it ensures that we can has talked about energy independence, They actually started the relief pro- hold those who caused this spill ac- about literally breaking our addiction gram on the very day of the blowout. It countable for the damage that they to oil. America is addicted to oil. We took a while to get it going, and it is have done, but we know that’s not consume more than 25 percent of all going to take even longer to get it enough either. the world’s oil supply. Yet we have a done. b 1800 very small portion of the reserves. We So where are we going to go with are literally sending overseas $1 billion this? So I’ve cosponsored the bill to impose a day, with much of it going to coun- I’ve been joined by a couple of my a moratorium on new drilling off the tries that are actively supporting peo- colleagues today, and I would like to western coast of our country. The sus- ple who don’t agree with us and people ask my colleague from California, Con- pension is a great step forward to en- who are actually—well, perhaps—sup- gresswoman JUDY CHU, to give us her suring that a disaster like this never porting terrorist organizations. Cer- thoughts on this situation. happens again. And even then, it’s still tainly, our national security is depend- Ms. CHU. Thank you, Congressman not enough. Indeed, the only solution ent upon going after the terrorists, and GARAMENDI, and thank you for bringing to this disaster, the only thing that truly makes sense, is to finally end no one is going to do it more aggres- this very, very important order to the this country’s addiction to oil. sively than the Obama administration, floor tonight. I would like to focus for a moment on For decades, oil companies and lob- which has increased the antiterrorist the oil spill and its impact on the vic- byists killed energy reform to keep activities of this Nation far more than tims. their profits. For decades, our depend- during the Bush period—but back to Kim Tran doesn’t know how he will ence on oil has hurt our economy and oil. pay this month’s car insurance, and he put the security of our country and our If we doubt for a moment that our has got no idea how he will take care of environment at risk. For decades, we Nation’s security is at risk with the his mortgage, but what he is most in knew that offshore drilling was just a current way in which we produce oil, the dark about is when he will be able disaster waiting to happen. Well, the you only need to take a look at the to get back in the water and start news is that it has happened. And the Gulf of Mexico. In the last 20 years, working again. Gulf oil spill shows that it’s time to there have been more than 38 blowouts, Kim is a deckhand on a commercial take back control of our energy poli- none of them as large as what we now fishing boat which is stationed near cies—with clean power made right here see with the Deepwater Horizon situa- Buras, Louisiana, in Plaquemines Par- in America. tion. Nonetheless, it is, in fact, a com- ish. He is part of a close-knit commu- We will never be able to undue this mon occurrence, which has averaged nity of Vietnamese and Cambodian spill. As much as we wish it didn’t hap- more than one and a half per year over shrimpers whom the gulf oil spill has pen, we can’t pretend it never did. If we the last 20 years. hit particularly hard. Many of them do, Kim Tran’s worries about his car So is it safe? came to the gulf coast in the 1980s as and house payments will only be after- Well, not so much. We just heard war refugees from Vietnam. They did thoughts because his town of Buras, that saying from our Republican col- well. It is estimated that the Viet- and countless others like it along the leagues that the moratorium imposed namese Americans own between one- Gulf Coast, will just disappear. But we by the President is somehow wrong. third and one-half of all of the fishing will not let that happen. Hello? When two Air Force jets crashed vessels on the gulf coast. Join me and make sure that these within a month several years ago, the After Katrina, they were one of the fishermen, these people, these families United States Air Force did what it first groups to rebuild, but figuring out haven’t suffered in vain. And let’s calls a ‘‘stand-down.’’ They grounded how to recover from the recent man- make sure we clean up this spill, hold the entire fleet until they found out made disaster has been difficult. You those who caused it accountable, and what was wrong. They corrected the see, for many of these fishermen, lan- make sure it never happens again. To- problem and went on their way. That is guage is a barrier as bottomless as the gether, we will end our addiction to oil exactly what President Obama has Deepwater Horizon’s well. Because and create a better, cleaner future for done. He did a stand-down of additional English isn’t essential for fishing, our country. drilling in the Gulf of Mexico because, many have never learned it, so they Mr. GARAMENDI. Representative hey, there is a problem. This is an ex- rely on interpreters to help them cross CHU, thank you very much for your traordinary blowout, one that is now the language barrier. It takes 14 words statement and also mentioning the end exceeding everybody’s estimate. The to translate the word ‘‘dispersant’’ into of new oil leases off the West Coast. We result: Oil on the beaches, dead birds Vietnamese—and don’t even get me call it the West Coast Ocean Protection and, according to The Wall Street started on what to do with acronyms Act. And it would prohibit new leases Journal today, hmm, ‘‘Oil Spill Deliv- like ‘‘EPA.’’ off the West Coast of the United ers Recovery Setback.’’ This is specifi- So not only have these fishermen lost States. This is a $32 billion a year in- cally looking at the real estate indus- their normal sources of work, but they dustry along the West Coast—Cali- try along the gulf coast. They cite five have been locked out of the cleanup ef- fornia, Oregon, and Washington—that or six projects here that may be jeop- fort, too. Many have even had problems is dependent upon the pristine nature ardized because of the oil spill. filing basic claims for lost income. of that coast. In addition to that, the This is a national security issue in These Vietnamese fishermen are just West Coast has a much different envi- the sense of how we get our oil, in the one group affected by the tragic gulf ronment than the Gulf of Mexico. It’s sense of our addiction to oil. It is time oil spill. Indeed, this spill has dev- downright dangerous out there. High for us to recognize that. Because we astated lives up and down the gulf waves, high wind, and earthquakes, and have, in the past, consumed all of the coast. It is the biggest environmental a lot of other things that we’d say, Oh, easy oil, we are now going to the most disaster in our Nation’s history. that’s not a good place to be drilling. difficult, the most dangerous, and the Yet Congress is working hard to re- It’s not enough to talk about the most risky places in the world, cer- pair the damage that has been done. West Coast. I see my colleague from tainly to the deep waters. The Deep- I’ve joined in the effort to secure $85 New York here, and I know that he, water Horizon blowout is, perhaps, as million in emergency funding to assess too, along with the residents of New much as 60,000 barrels a day. This is a and respond to damages from the oil York, are terribly interested in what is very serious problem, and it deserves spill. This money improves the Federal happening and in our natural energy our attention. response and guarantees compensation policies and our move away from oil. Last night, the President spoke to to out-of-work fishermen, but we know Congressman TONKO, if you would, the problem and committed his admin- that is not enough. please join us. istration and this Nation to everything I am proud also to sponsor a very, Mr. TONKO. Representative necessary to clean up and to plug the very important bill on the Judiciary GARAMENDI, thank you for bringing us

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.132 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4580 CONGRESSIONAL RECORD — HOUSE June 16, 2010 together in this very thoughtful way. easily understood. That’s where I pendent party in charge of it and let It’s great to join you and Representa- would like to see the priorities. And the money go to those that have been tive CHU and others who will be partici- today, after pressure from the Presi- seriously harmed by this, as well as the pating in this hour of dialogue where dent and many of us in Congress, I wildlife and the damages there. we really look in a very laser-sharp, fo- think the company has heard the mes- By the way, we really ought to pass cused way at this very tragic occur- sage. They have been given this force- a bill to increase the liability limit. rence in the Gulf. Obviously, I think ful statement, and they are now re- And I know that bill will be moving it’s important to recognize the com- sponding to the pressure by suggesting through here. mitment made by the President and his they are setting up an account that Joining us from—well, my neighbor administration to make certain that will respond to some of these needs. in California, Congresswoman BARBARA we do everything we can possible to They are setting up an account that LEE, who about 2 years ago, you experi- make certain that we stay on this case will deal with the compensation fund enced an oil spill on the shores of your of cleanup and capping. for oil workers who are out of work be- district. Certainly, shutting off that leak of cause of the catastrophe. Representative LEE, thank you for that oil well is incredibly important Now, one can only imagine what joining us. and the cleanup in that Gulf area that would have been the outcome, how Ms. LEE of California. Yes, Congress- man GARAMENDI, we did experience a impacts the Gulf States is absolutely much less impacting the outcome devastating oil spill 3 years ago, and essential. And to have the President would have been, if they had embraced that’s why many of us know from per- recognize that we have deployed some the same order of integrity when it sonal experience and from a history of 30,000 workers that will be in the midst came to the technology they should trying to find a way to help our coun- of that activity, helping, is important; have utilized with the drilling oper- try become energy independent and end to know that over 5,000 vessels have ation. You know, they asked to go 5,000 this addiction of oil. We have worked been solicited and that our National feet deeper. They want to drill a mile on this issue for many, many years. So Guard numbers—over 17,500 forces—out deeper. But the impact of the damage, I am very pleased that you’ve taken there making a difference is important. without the right technology and dis- the lead in sponsoring a bill, which I But let’s really look at the some of the cipline and regulation, meant hundreds situation here. am proud to cosponsor, H.R. 5213, of miles of spread. From that 1 mile which would really create a ban, mind I really get concerned and joined deeper, hundreds of miles of impact be- with some Members in this House to you. We need more than moratorium. cause of that lack of integrity. We need a ban on offshore oil and nat- advance correspondence to the BP And so I am here with you this ural gas drilling from platforms in Fed- CEO, stating very clearly with my col- evening in spirit and in voice to say eral waters, particularly near Cali- leagues that their priorities spoke vol- that we need to stay on this dilemma, fornia, Oregon, and Washington, which umes as to where they rest as a cor- we need to stay on this catastrophe, poration. To have suggested that pay- your bill addresses. I think what we until all of the essentials are done—the have seen in the Gulf really explains ments be made to investors as a high clean up, the capping, the reforms that priority, be established as a high pri- why we’re doing this, first of all, on the are essential—and making certain that West Coast, but this needs to be done ority; to suggest that dollars going to the dollars, the resources are coming marketing go to revamping their nationwide. from the source—the source of the pol- The fact is, offshore drilling poses image, enhance their image, while we lution here—in this case, BP. too great a risk to our coastal commu- sit there and look for ways to cap this So, thank you, Representative nities, economies, and our ecosytem. leak, while we continue to make cer- GARAMENDI, for bringing us together, This has been made painfully clear by tain that we need resources to clean up and it’s great to join you and our col- the recent British Petroleum oil spill the Gulf, that didn’t seem to be a very leagues here this evening. disaster in the Gulf of Mexico. Every high priority with this company. And Mr. GARAMENDI. Representative day, we have seen more and more dam- so it was, I think, very appropriate for TONKO, thank you once again for being age to our Gulf Coast, with really no us to respond in very forceful measure both eloquent and right on the target end in sight. Over the course of weeks, to address this strong language in a of the issue that’s out before us. When estimates of the damages have risen letter to the organization, to BP man- you talk about the nature of the spill, from, I think it was $14 billion, now to agement, and state that what you real- this map is a recent one from the US $34 billion. Who knows how many bil- ly need to do is re-prioritize to make Geological Survey and NOAA—actu- lion this is going to end up being. As certain that what comes as the most ally, NOAA. And if you look at the size millions of gallons of oil flow into the important, essential bit of work here of that spill, it looks like it’s getting Gulf each day, I can’t imagine what as you invest dollars—and they best about the same size as Louisiana itself, this will be like in a few months, let ought to—as you do that, the priority and of course, the Gulf Coast along alone in the years to come. has got to be to cap that leak, to clean here is seriously threatened and the ex- Over 50,000 claims have been filed by up the Gulf, to make certain that we traordinary wildlife and habitat of the small businesses for economic losses make whole the individuals, the Mississippi Delta is at risk and already and thousands more workers have lost States, the communities that surround seriously hurt by it. their jobs. Every day, new fishing areas that given region; to make certain that You mentioned BP—and maybe, are closed off, new coastline is con- businesses are allowed to function maybe, but I’m not convinced that BP taminated, and more communities are again. When we think of the impact on has actually gotten the message that affected. BP must be held accountable, agriculture, on tourism, on the seafood their first task is to clean up. Their $50 and they must pay for this tragedy. industry, to name a few, the impact on million PR campaign, I’ve seen some of The fragile ecosytem, which once sus- our ecosystem, on the environment, on the ads. If they had spent that $50 mil- tained over 400 species of wildlife, are the wildlife, it is painful to watch the lion on the proper blowout protector so ravaged that experts cannot even news accounts of this continuing saga and actually had put in the most mod- begin to assess the damage. However, of a tragedy. And so their priorities ern protection at the well head and not they all agree on this—that the long- were misplaced and totally insensitive cut the corners, as is becoming increas- term health and environmental effects to the needs of people and industries ingly obvious, in the drilling tech- of this spill will plague the region for and certainly the wildlife in this given niques and in securing the well itself, generations to come. We cannot con- region. they wouldn’t have to be spending mul- tinue to put our economy and our envi- I had stated clearly at a press con- tiple billions of dollars cleaning up. ronment and the health of our children ference where we aired this letter that They absolutely must put that on the line. We must stop the drilling. it was important for them to not be so money into a trust fund. BP is not to Just a few decades ago, California ex- concerned about their image but rather be trusted to adequately distribute perienced a similar spill. That oil spill deal with the basics. And I said, Before that money to the people that have was so toxic and ruinous that it led to you shore up your image, clean up our been harmed. So the President is right. the creation of the Environmental Pro- shores. I think it’s straightforward and Create the trust fund. Put an inde- tection Agency and the declaration of

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.134 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4581 the first Earth day by the Santa Bar- didn’t realize until you started talking This fund will not be controlled by BP, bara City Council. We understand just about the escalation and the estimate but instead by an independent third how devastating these chemicals can of the amount of oil that spilled—my party in order to ensure all legitimate be both to our Nation’s ecosytem and staff put this together actually about 4 claims are paid out in a fair and timely to our economy. It’s time we start weeks ago—and they said by Father’s manner. making decisions for our future. This is Day it would be the worst spill ever. At But we also need to be committed to a terrible, tragic wake-up call. We can- 60,000 barrels, it was actually the worst a long-term plan for restoration that not continue to endanger our natural spill after about the first 3 weeks. So in goes beyond responding to the crisis of treasures or economic prosperity for a any case, we have got a real serious the moment. So the President has paltry reward in the form of a decade problem there. asked the Secretary of the Navy and or so of oil and natural gas protection. I notice that I have fortunately been former Mississippi Governor Ray The Deepwater Horizon explosion was joined by three Representatives from a Mabus to develop a long-term gulf really not an isolated incident. Accord- wide, diverse part of America. From coast restoration plan as soon as posing to the Minerals Management Serv- the west coast, in the great metropoli- sible. And the plan will be designed by ice, there were 38 blowouts, mind you— tan area of Los Angeles, Congress- States, local communities, tribes, fish- 38—in the Gulf of Mexico between 1992 woman WATSON, if you would care to ermen, businesses, conversationalists, and 2006. Just yesterday, the CEO of join us. and other gulf residents. And BP will ExxonMobil admitted that when spills Ms. WATSON. Yes. I want to thank pay for the impact this spill has had on happen, we are, ‘‘not well-equipped to you, Congressman GARAMENDI, for your the region. handle them.’’ I don’t know what they leadership. As a Californian, I am so We also are taking steps to ensure a do with the billions of profits that they proud of the leadership you are taking disaster like this does not happen make. But if we aren’t prepared, then here. Former Lieutenant Governor, again, and that’s why the President has we really shouldn’t be drilling. you know our State so well, and your established a national commission to Perhaps the greatest tragedy behind charts are depicting the problems that understand the causes of this disaster the BP oil spill disaster is that it real- not only the gulf coast has, but we’ve and offer recommendations on what ad- ly did not need to happen. Today, we had our disasters as well. And I just ditional safety and environmental have the power to learn from history want the public to understand our com- standards need to be put in place. The and to chart a new path. In order to mitment. President has issued a 6-month morato- safeguard the natural beauty, wildlife, From day one, the Obama adminis- rium on the deepwater drilling. He is and ocean-based economies of Cali- tration has been committed to con- mindful that this creates difficulty for fornia, Oregon, and Washington, Con- taining the damage from the BP oil the people who work on these rigs, but gressman GARAMENDI’s bill really does spill and extending to the people of the for the sake of their safety and for the set the standard. We’ve got to move gulf the help they need to confront sake of the entire region, we need to forward with a permanent moratorium what is the worst environmental dis- know the facts before we allow deep- or permanent ban on offshore oil drill- aster America has ever faced, and we water drilling to continue. ing in Federal waters off the West will continue to fight this spill with ev- And while the President urges the Coast. erything we have for as long as it commission to complete its work as The environmental disaster that takes. That is a commitment that is quickly as possible, he expects them to we’re witnessing in the Gulf is a symp- made from the top and all the way do that work thoroughly and impar- tom of a much larger problem; that is through every level of government. We tially. We have already begun to take our perilous dependency, as I said ear- will make BP pay for the damage that action at the Minerals Management lier, on, really, dirty fossil fuels. We their company has caused our country, Service to ensure more effective over- must work to end that addiction today and we will do whatever is necessary to sight and end the close relationship be- or really risk sacrificing our environ- help the gulf coast and its people re- tween oil companies and the agency ment for the future. The best and most cover from this massive tragedy. that regulates them. The President has responsible way forward is one in This has already been the largest en- asked Michael Bromwich, a former which our coastlines remain free of off- vironmental cleanup effort in our coun- Federal prosecutor and inspector gen- shore oil and gas drilling and our de- try’s history. We now have nearly eral, to lead this effort and to build an mand for fossil fuels is diminished 30,000 personnel who are working organization that acts as the oil indus- through the use of renewable energy across four States to contain and clean try’s watchdog, not its partner. sources and the deployment of energy- up the oil, thousands of ships and other So we must look towards the future, efficient technologies. vessels are responding in the gulf, and Mr. GARAMENDI. We must look at our It’s time to take a stand, and it’s the President has authorized a deploy- energy future, and we must get off this time to declare that enough is enough. ment of over 17,000 National Guard addiction to oil. You know, the globe is We must be committed to a cleaner, members along the coast. And because speaking to us. We’ve gone too deep greener future—and that future starts of these response efforts, millions of this time. And at the core of this Earth with putting and end to offshore drill- gallons of oil have already been re- there is a lot of static and volatile mo- ing. I think the President is right on moved from the water through burn- tion, and we’re seeing it bubble up. And point. I think we need to move forward ing, skimming and other collection when we look around this globe, and we and support Congressman GARAMENDI’s methods. Over 5.5 million feet of boom see the volcano explosion in Iceland bill. And we need to really recognize have been laid across the water to that grounded planes for weeks, when that the horrific tragedy that we’re block and absorb the approaching oil. we look at the earthquake down in seeing today is really a sign of what We have approved the construction of Haiti, and we see other effects on the could happen tomorrow, and use this as new barrier islands in Louisiana to try globe natural, we’re getting the mes- a defining moment to regroup and to to stop the oil before it reaches the sage. become clearer about our future in shore. We’re working with the affected So we must take action to look at terms of our energy independence. our planet, to notice the environ- Thank you, again, Congressman States to implement creative approaches to their unique coastlines, mental tragedies that really under- GARAMENDI, for your leadership. and we will offer whatever additional score the need for this Nation to em- b 1815 resources and assistance they may brace a clean-energy future. I look for- Mr. GARAMENDI. Thank you very need. ward to having conversations on this much, Representative LEE. And thank Now the President is meeting and has floor with all of my colleagues. And you for all the work you did dealing met with the chairman of BP and will with you leading those conversations, with that problem in the San Francisco inform him—and has—that he is to set we will make plans that will sustain a Bay when the ship hit the bridge. We aside whatever resources are required future for those yet unborn, and that is had our own little spill over there. to compensate the workers and busi- the purpose of looking towards new en- I had pulled this placard up with the ness owners who have been harmed as a ergy sources that don’t violate the sur- pictures of the oil and the birds. And I result of his company’s recklessness. face of our planet or go down so deep

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.135 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4582 CONGRESSIONAL RECORD — HOUSE June 16, 2010 they disturb the powers underground. I a $500,000 acoustical shutoff switch on longs to our children and grand- thank you so very much. every offshore rig would be unreason- children. Mr. GARAMENDI. Thank you so very ably expensive, even though such a Well, it is time to put a stop to this. much for your eloquent comments on shutoff switch would have prevented As far as I am concerned, there should what has happened, what we must do. all of this oil from spewing out. Now be a moratorium until we can assure I notice that sitting next to you is a it’s costing BP billions of dollars. It’s the American public and our children Representative from the other side of costing our country billions of dollars and grandchildren that this can’t hap- the American continent, Representa- in tourism, to the fishing industry, and pen again because the government is tive MORAN from the Commonwealth of it’s costing the lives of thousands and going to be the sheriff in the future. Virginia. thousands of people because they cut The Obama administration is going to Mr. MORAN of Virginia. Mr. corners. They weren’t even willing to put in the people that care about our GARAMENDI, thank you for having this spend $500,000—a half million dollars on environment that are going to regulate Special Order. We in Virginia—not all a shutoff switch. this oil drilling and are going to ensure of us, but many of us—watch with sad- And then they feel badly. They think that this kind of catastrophe never ness at what happened to the Cali- they are being beaten up on by the happens again because we are not going fornia shores, and we don’t want it re- Congress. Well, let me share some of to show the kind of negligence and peated in Virginia. Even though the the reasons why they’ve lost their greed that drove this situation to Governor and the Republican Party credibility. For one, they started out occur. have pushed and pushed with these telling us that it was about 1,000 bar- So I thank you, Mr. GARAMENDI. silly mantras, Drill, baby, drill, and rels a day that were leaking. I think Again, let me conclude by ending Drill here, and drill everywhere, we’re the gentleman will remember that. Of where I started, that we feel bad for not going to let it happen. If we had course there are 42 gallons in a barrel, what happened to California. We feel not been diligent, we might have some which would mean that every day, worse for what is now the worst eco- drilling rigs off the shore of Virginia about 200,000 gallons of oil were being logical disaster in the gulf, but we have today, but we don’t. And they’re not emitted. Well, it wasn’t 1,000. Then to make sure that we learn from this going to go there until there is sub- they went up to 5,000, which means and we never, ever let something like stantial modification of the industry that—well, with 5,000 instead of 42,000 this happen again. practices with regard to offshore drill- gallons of oil a day, it was 210,000. But Mr. GARAMENDI. Mr. MORAN, how ing. the 5,000, even though the scientists at correct you are: never let this happen Let’s bear in mind that what we are the Minerals Management Service say, again. It is not just drill, baby, drill. talking about is our Nation’s oil. It’s We think it’s much larger than this, What we have seen is spill, baby, spill. not oil that’s owned by these oil com- the scientists continued to be ignored. There have been 38 blowouts in the gulf panies or by the private sector. It’s And now we find that every second, 18 between 1992 until 2009. You used the owned by us, the taxpayer. It’s public gallons of oil is being emitted from words irresponsible actions, corners land. It’s owned by our children and this spill. being cut, and decisions being made our grandchildren. And instead of being Now, think about that. Most of us, to that led to this blowout. You men- put to our benefit and their benefit, be- fill our tank, the gas tank in our car, it tioned the $500,000 that could have been cause of neglect, carelessness, irrespon- takes about 18 gallons. All of that is spent and should have been spent on an sible decisions, it is destroying the going out into the gulf every second, acoustical switch. ecology of the gulf and could well de- which means that we’ve got more than I was talking to one of our colleagues stroy the ecology of the Everglades 1,000 a minute. We’ve got 65,000 gallons here who was a former Federal pros- along the Florida shore, and could even an hour, and we have 1.6 million gal- ecutor, and the colleague said to me, if go up the east coast. We have no idea lons every day. It’s hard for the mind there is evidence that two of the BP ex- how extensive this damage is going to to comprehend that, but 1.6 million ecutives worked together to cir- be, nor how expensive it will be to gallons of oil is coming out into the cumvent a law or regulation, it may clean it up. But we’re now getting an gulf every day. And this has gone on very well be criminal conspiracy. To idea of why it happened. for, what, 50 days. that end, the Obama Justice Depart- And I would say to the gentleman Now, what has to happen in the fu- ment has initiated a criminal probe of and to the Speaker that we ought to be ture is there needs to be a time-out. No BP’s actions with regard to this spill. mindful, first of all, that this was not more deepwater drilling until, number We know that this is not the first time under President Obama’s watch. It was one, we have the technology on hand. BP has been involved in a serious acci- not under any kind of Democratic pol- The Minerals Management Service has dent that has cost lives: 11 at this drill- icy. It was under the administration of been assured that this cannot happen ing rig; at their refinery in Texas, an- a President who owned an oil drilling again. other large number of employees were company, an oil exploration company, both injured and killed. It is time for 1830 a Vice President who was the CEO of b this industry to get its act together. Halliburton, who made money from We had a 30-day open window when I know that the gentleman from New manufacturing and installing drilling they had the ability to determine York (Mr. TONKO) has been involved in rigs—in fact, continued to own thou- whether permits should be issued. this for very long. If you would pick sands of shares of Halliburton while Under the Bush administration, it was this up and carry us for a little while. they made enormous profits not only automatic. They didn’t take any of Mr. TONKO. Representative from drilling rigs but from the wars in that time. GARAMENDI, listening to Representa- Iraq and Afghanistan. So while these But in the future, we need trained tive MORAN from Virginia reminds us two folks sit back, the damage is being personnel. We need tested equipment. of the investment in technology that inflicted upon people who bore no fault We need all of the technology to be on should accompany this situation. but, in fact, became dependent upon hand. And all of that research that There should have been the checks and this industry. And our hearts go out should have been done, it needs to be balances, and there should have been not just to those who lost their lives paid for by the oil companies. The tax- the investment; as he suggested, a but to those who have lost their liveli- payers shouldn’t have to pay for that drop-in-the-bucket investment com- hoods. research. The taxpayers shouldn’t have pared to the damages now associated Now, when we trace back how this to pay for the training. And the tax- with this catastrophe. I know the peo- particular drilling rig exploded, we find payers, obviously, shouldn’t pay for the ple I represent in the 21st Congres- that there were a number of points equipment. All of it needs to be tested sional District watch with sadness as along the way where it could have been because it is the taxpayers’ oil. It is they see the news accounts that show avoided. Back in 2003, the Interior De- the taxpayers’ land, and it has been ex- us the day-to-day responses with re- partment—the Bush administration’s ploited and a lot of people have made gard to this disaster. Interior Department—agreed with BP billions of dollars by drilling off our We have heard a lot of talk about al- and other oil companies that installing land, drilling the oil that really be- ternatives and technology that needs

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.136 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4583 to be embraced to carry us into a clean tially large, wildlife veterinary hos- Lastly, I want to change the issue be- energy economy. My region in the cap- pitals. The one in my district, you cause one of it is about money. There ital region of New York State is ripe could even bring a small whale in there is money that comes into the Federal with that sort of opportunity. It is in- and operate on it. Louisiana has no Treasury from offshore oil drilling. It vesting in high-tech opportunities for such network, no such program, and no produces $23.2 billion; $23.2 billion. Out clean energy jobs, in innovation, en- such allocation of resources. of that, Congress has authorized the ergy intellect, energy ideas, energy Another big disability, big difference expenditure of about $5 billion in five technology that will enable us to move between the two, liability caps. Lou- programs: American Indian tribes get forward with a progressive agenda. isiana has a cap on liability. California some of that money; historic preserva- The fact that we have been held back has no cap on damages. Louisiana has a tion gets some of that money; lands by slogans and mantras such as ‘‘drill, cap on damages. When you and I and and water conservation fund which is baby, drill’’ have held back the our colleague, JACKIE SPEIER, who has essentially land more than water, it is progress. Even the likes of T. Boone joined us here, were all members of the on land not offshore, get some of that Pickens has said we can’t drill our way State legislature, I authored legisla- money; the reclamation fund gets some out of the energy crises of this country tion that you sponsored to put a strict of the money; and there are two funds or the world. We need to embrace that liability on oil spills in California, a re- that go back to the States. new technology. We need to bring markable law. There is strict liability But out of the $23 billion fund, $5 bil- about the type of jobs that will allow that has no cap on damages under lion, less than 20 percent, is spent. for a clean energy economy to take State law. Where does the rest of it go, into the hold, and to make certain that we in- Louisiana, being a friend of the oil United States Treasury. And guess vest in those subsidies that will take companies, puts caps on damages. They what, all of that money made from off- us into renewables like utilizing our are not asking for that cap right now, shore oil drilling and not a penny spent sun and our wind and our soil and our they are asking it to be raised. on the ocean. We have a big source of water to create and respond to the en- The big difference number three be- income that the United States Govern- ergy generation that we require. I tween California and Louisiana, both ment can use to start with renewable think that is so very important. offshore oil drilling States, is civil and resources, start investing in the Mr. GARAMENDI. If I might inter- criminal penalties. California sets up oceans, and create an ocean fund and rupt you for a second, well, maybe involved civil and criminal penalties, a ocean governance plan so it isn’t chaos more than a second. whole section of law. Louisiana has no at sea, it is a planned, organized, smart We prepared a little diagram here, civil or criminal penalties. way to use the ocean, just like we have and let’s consider this a quiz for the Louisiana, come on. If you are going learned smart ways to use the land. American public. to cry now where is the Federal Gov- I commend you on your bill and on Which of these energy sources gets ernment when you have a problem, your work, and thank you for inviting the most Federal subsidies? Would it be why haven’t you risen to the occasion? me to be here tonight. solar, maybe the algae, the new tech- California has had that law in place Mr. GARAMENDI. Congressman nologies of algae-producing fuel? How since 1990. Your law was enacted in 1991 FARR, thank you very much. about wave action? Or maybe it is with no teeth. It is about time you I am going to go back and answer the wind? Or maybe it is the oil industry? took responsibility for putting some question about where did the Federal Which ones? teeth into your State law. subsidies go in just a moment, but I see Mr. TONKO. I think we are going to Lastly, what both States have is a our colleague, Representative JACKIE have a sad answer there. Coastal Zone Management Act created SPEIER, arrived with the next genera- Mr. GARAMENDI. I am going to let by the Federal Government. There is a tion that is going to have to live with people ponder that for a few minutes nifty provision in that act. It is called our decisions that we are making right while I turn to the gentleman from consistency provision. What that now with regard to climate change and California (Mr. FARR) who has been a means is the State can review any pro- the extraordinary consumption of car- champion of protecting the ocean for posal to do offshore oil drilling, wheth- bon-based fuels. many, many years. er it is in Federal waters or State wa- Ms. SPEIER. Thank you, Congress- Mr. FARR. Thank you, Congressman ters. And as long as you have an adopt- man GARAMENDI, and thank you for GARAMENDI. It was such a pleasure ed plan and that plan can explain why your leadership in this area and for serving with you in the California leg- you should condition that oil drilling, recognizing the next generation. islature when we adopted a lot of legis- or even deny that oil drilling in Fed- Marianne Larson will be part of that lation dealing with handling oil. eral waters, you have the power at the next generation that is going to be ask- Tonight I would like to share with State level to do that. We in California ing the question: Did we do enough? you essentially a tale of two States, have used that power and prevented The question I have tonight that I States that are both oil-producing the Federal Government from expand- would like to pose is when will we see States, States that both have offshore ing its offshore oil drilling. enough damage to say enough is oil drilling, and those two States are We are going further now with the enough. How many oil spills do we need California and Louisiana. bill that Mr. GARAMENDI has because before we take decisive action to end Mr. Speaker, the comparison here is we realize that drilling for oil off coast our dependence on fossil fuels? one that essentially I really want to is high risk and low gain. You really Just last week, probably not heard ask Governor Jindal: Ask not what the don’t get a lot out of it. And the risk because we have been focused on the Federal Government can do for Lou- we can see in spades from what is hap- BP oil spill, but last week we saw yet isiana, but what Louisiana should be pening in the gulf right now. another spill in Salt Lake City, Utah. doing for its own constituency, as Cali- So Louisiana, don’t cry for what the Any oil spill is one too many, and the fornia has done for its constituency, Federal Government is not doing, cry era of our planet being constantly con- knowing that we have an oil economy, for yourself as to what you are not taminated by crude oil must come to somewhat of an oil economy in the doing to help your own constituency, an end. State, and certainly an offshore oil put teeth in the laws that would allow The preventable accident in the gulf economy. you to deny those offshore oil drilling claimed 11 lives, tragically, and is now The comparison is this. Both States rigs, to put conditions on those off- the worst environmental disaster in have an oil response. California has a shore oil drilling rigs, to allow you to this country’s history, and the biggest strong law on oil response. Louisiana have the money to clean up the mess environmental cleanup that we have has a very weak law on oil response. and help the wildlife, to put teeth in ever undertaken. It serves as a terrible Why? That is something that Lou- the penalties and to raise those caps. reminder of our country’s dangerous isiana ought to correct. The California So we want to see our coastal States dependence on foreign oil. As long as statute has stations throughout Cali- have a strong law. And most of all, we we remain addicted to that oil, foreign fornia, places to clean up wildlife. It is think if you really look at it, we and domestic, spills are inevitable. The paid for, it is implemented. It is essen- shouldn’t be drilling offshore at all. question we have to ask ourselves: How

VerDate Mar 15 2010 05:47 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.138 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4584 CONGRESSIONAL RECORD — HOUSE June 16, 2010 many more do we want to somehow Mr. GARAMENDI. Duh. Why didn’t States they can somehow track it back live with? Live with the damage to our the Republicans vote for that? It to George W. Bush. ecosystem, live with the damage to the makes eminent sense. And what I heard was that Mr. Bush people that are afflicted by it, the jobs Ms. SPEIER. Well, it’s the same rea- had used a drilling rig at some point in that are lost, the tourism that is lost. son that they sat in this Chamber a his life, and therefore it’s Bush’s fault They have been with us for over a cen- year-and-a-half ago and chanted over that there was a failure, or something tury, these oil spills, and they will be and over again, ‘‘Drill, baby, drill.’’ It to that extent, a failure on this BP with us for centuries more unless we was like a high school football field. drilling rig. It’s time to really stop. It’s break that addiction to oil. And they couldn’t say it loud enough getting a little old for the American b 1845 or long enough or repeat it often public, for them to hear constantly enough. that no matter what goes wrong in the We must replace oil in our energy Mr. GARAMENDI. I wasn’t here at Obama administration it’s George W. supply with clean fuel. And it’s right that time. I got a special election last Bush’s fault. I think this is getting a here. We have it. We know what it is. November. You are telling me that it little old and getting a little bit, it You pointed to some of them in that was just less than a year ago? seems to be sort of a fantasy that chart. And the stunning figure that I Ms. SPEIER. About 18 months ago. seems to be prevailing. just heard that I would like to share Mr. GARAMENDI. About 18 months We have got a great disaster in the with you tonight, Mr. GARAMENDI, is ago they sat here and they said, ‘‘Drill, gulf, and nobody’s denying we have a that, by just retrofitting 75,000 homes baby, drill’’? I heard the same thing to- great disaster in the gulf. Today I in this country, we would save the night. They said, End the moratorium heard a man who actually knows some- equivalent of all the oil that has on deepwater drilling. Drill. And I am thing about drilling in the gulf. I spewed into the gulf by BP. Just retro- going, You want another oil spill? haven’t heard anyone stand up that has fitting 75,000 homes. Thirty-eight in the last 18 years in the talked on the majority side tonight Now, we have passed in this House and said, By the way, I have drilled legislation, the Home Star bill, which gulf plus this big one. That’s not the these, and let me tell you what has will spur the retrofitting of 3.3 million solution. The solution lies in moving to a new homes and create over 600,000 jobs. The happened in the gulf. But TRENT FRANKS came before us energy saved from these retrofits, if energy source, the green technologies, today and showed us what has hap- the Senate passes that measure, would the renewable energy, so that it is the pened in the gulf—it is very inter- save more than 44 times the wasted en- sun that gives us the power in the fu- esting—and why the cap failed that ergy floating in the gulf and would do ture so that that young lady doesn’t they first started, and why the wells so at one-fortieth of the cost. have to face the extraordinary impact Mr. GARAMENDI. You know, that’s that climate change will bring. We that are being drilled to intersect this really, really interesting. And if I re- have to move away from carbon-based well, the relief wells should be success- call the vote, when that was on the fuels. ful. And, you know, if you want to floor, the Republicans voted against Would you agree with that? know how you do something, you ought that. They didn’t vote for one of the Ms. SPEIER. Oh, I absolutely agree to talk to somebody that’s actually most important conservation programs with that. And I think that we have done it. And TRENT, a Member of this we have that not only would save all got to just face some very fundamental body, has actually done it. that energy, but help each home- facts. If you continue to drill at 18,000 So we will find out, whenever we get owner’s utility bill. Go figure. feet, you are asking for trouble. this spill stopped, we will find out what You mentioned this. We’ve got to go Mr. GARAMENDI. Let’s see, that fel- happened in the gulf to cause this back here because I’ve got to answer low Murphy was right. Everything that thing to blow out. And it may be this question. Please help me with this. can go wrong will go wrong. And BP human error. It may be the company’s Who gets the most subsidies; solar, didn’t plan for what could go wrong. In error. It may be shortcuts they took. It algae, wave, wind, or oil? fact, they ignored it. They put together may be the inspector’s error. It could Ms. SPEIER. The answer is? an application that just ignored the be just about anybody’s error. We don’t Mr. GARAMENDI. The answer is oil. possibility of the worst case. In situa- know. If you take a look, 2002 to 2008, where tions like this, we must force the in- Now, the truth is we don’t have to did the subsidies go? Well, the oil industry to assume the worst case will know yet because the presumption is dustry got over $70 billion of taxpayer happen. We have seen it. No more. overwhelming that it’s BP’s responsi- money in direct tax subsidies, $72 bil- Mr. Speaker, thank you so much for bility, and they admit it. It’s their re- lion. The green renewable energy got the time. I yield back. sponsibility. But blame-gaming is not $12.2 billion over that same period of f going to stop the oil from flowing into time, 2002 to 2008. And in addition to the gulf. Putting our resources to- CONGRESS MUST ACT TO DEFEND that, the ethanol industry got $16.8 bil- gether at every level from every source THE GULF lion. is part of what you do when you have So we really, if we took this money, The SPEAKER pro tempore (Mr. a national emergency. I don’t care this subsidy, $70 billion over a 6-year BRIGHT). Under the Speaker’s an- whether that national emergency has period and shifted it over to this side, nounced policy of January 6, 2009, the the name Katrina or Rita or Ike or any particularly up here to the renewable gentleman from Texas (Mr. CARTER) is of the other names, or Carla or any of energy—this is solar, wind, advanced recognized for 60 minutes as the des- the other names of hurricanes that biofuels like algae and the rest—where ignee of the minority leader. have swept across our gulf and at- would we be? Where would that young Mr. CARTER. Mr. Speaker, I thank tacked all Gulf States at some point in lady’s future be? Renewable energy of you for this hour. It’s going to be an in- time, or it has the name—what’s the all kinds. You shift the subsidies teresting couple of weeks on this issue name of this well? I can’t even remem- around. of this oil spill, because we are going to ber anymore. Anyway, just call it the Is that possible? Can we do that? get two conflicting points of view. I ac- BP well in the Gulf of Mexico that blew What do you think? tually heard, I believe, that somehow out. Blame game’s not solving the Ms. SPEIER. Of course we can do it. this oil spill is now George W. Bush’s problem. It’s all about whether we have the will. fault. It reminds me of the game, the What’s the problem? When it’s the We can even allow Big Oil to continue Kevin Bacon game that your job is no hurricane, the wind’s blowing and to have some little subsidies, or equal- matter what actor or movie you lay things are getting torn down, and we ize the subsidies that we are providing out before the public, you have got to need to put our resources together to there and take that other money, take bring it back in seven cycles to Kevin help the people and the industries that $6 billion, retrofit 3.3 million homes in Bacon. And it seems that everything are attacked by that hurricane. Today this country, create hundreds upon that goes on in the United States, that we have animals, we have sea life, we hundreds of thousands of jobs, and we the majority party seems to somehow have wildlife, sea life, human life that would be better off. think whatever goes on in the United is threatened by this BP oil spill.

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.139 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4585 And our first job, and the job not Congress on May 4 about the serious- say, well, we don’t know what that only of British Petroleum but of those ness of this event. sand island you’re going to build is going to do to the overall environment of us who have the responsibility of b 1900 protecting this country, which would of south Louisiana. What does it mat- be the President of the United States, May 11, Louisiana requests emer- ter? The oil is going to come in there the executive department, this Con- gency permission from the Federal and wreck it. So let’s just dig up the gress, and everybody involved, should Government to dredge barriers to con- sand. No, we had to wait. have immediately poured massive, struct berms. Now, when I was about 18 On the 29th of May, British Petro- massive support into doing something years old, I worked in south Louisiana, leum did its top-kill plan to try to stop about this oil well and stopping this and the whole ecology and economy of the oil, and it failed. The 2nd of June, spill. And we should have done it Louisiana is directly affected by what the Obama administration finally ap- through the people who have the intel- they call the marshlands. There are lit- proved Louisiana’s plan to dredge and ligence and the technology to tell us erally thousands of people who make tells BP to pay $360 million for five new just exactly what we are dealing with. their living because the marshlands in berms. The Justice Department an- I wouldn’t recommend you call a Louisiana thrive to be breeding nounced a criminal investigation into great white hunter in Africa to tell grounds and producing grounds for nu- the explosion and the spill. Let’s see, him how to put down this oil spill. I merous amounts of seafood products. that’s all of May and 11 days in April wouldn’t recommend that you call a And in fact, I would venture to say when nothing of significance took surgeon in Brooklyn, New York, and that there’s not anybody who eats sea- place. ask him to put down this oil spill. And food in the United States, and have June 14, the Senate Democrats write I wouldn’t recommend you talk to a done so for any length of time at all in BP calling on the company to set up a community organizer and ask him how their life, has eaten seafood that was $20 billion independent administrative to put down this oil spill. I would rec- produced as a result of the overall envi- escrow fund to compensate victims of ommend that you immediately, when ronment of the Louisiana coastal re- the spill. June 15, that was yesterday, Presi- this happened, approach those people gion, which is 99 percent marsh. dent Obama makes the Oval Office who have the expertise to deal with Now, marsh is different from the speech on the oil spill and uses the cri- this oil spill and do it. And quite hon- beach. The beach is bad. If you’ve got a beautiful beach like they had at Pensa- sis to push climate change legislation. estly, I think we have to say that the And if you heard what our colleagues President of the United States told us cola, that gorgeous white sand, or anywhere in Alabama or Mississippi or were talking about in the previous 1 the buck stops with him, so he’s the hour before this Congress, they were person who should have started this anywhere in Florida, tar balls on the beach and this nasty sludge coming talking about that we need to have ball rolling when this whole thing these alternative fuels to replace oil started coming down on us. into the beach is going to be icky and yucky and nasty. And if you get it all and replace petroleum products, in I have got a little chart up here, the fact, all carbon products, coal, oil, nat- over your feet, you have to clean it off gulf spill timeline. And we are going to ural gas. They talked to you about sub- with alcohol, and it can burn you and look at that for just a minute to see sidies and other things, but they show tear you up. how well we did in deciding that we you on their chart, and you see this But if that stuff comes into the were, as a government, going to join one right here, it is algae, and next marsh, it can kill and will kill plant the oil and gas industry in coming up year we’re going to replace all the en- life, animal life, and ocean life. with a solution to British Petroleum’s ergy produced by oil with algae if you So when the Governor of Louisiana, disaster that they had created in our will put the resources in algae. No, be- who was so unfairly criticized here to- blessed Gulf of Mexico. In fact, I think cause it won’t. I have the State with the largest night by the opposition, when the Gov- If you say, look at these wind farms, amount of Gulf of Mexico coastline of ernor said, look, guys, at least author- this is going to replace all the energy any State in this Union. And it would ize some dredging to put some sand we needed to charge our electric cars be close, Florida would be a close sec- barriers between us, between our so we don’t even have to run on any ond. And they may have more. I don’t marsh and that terrible spill that’s kind of petroleum product. And that’s know. But certainly the State of Texas headed our direction, and yet it wasn’t all we need is to subsidize that and has a lot. So let’s look at this thing for until the 27th of May that the Federal pour money into it, and it will replace just a second. Government granted Louisiana a par- it in the next 2 years. So why am I April 20, 2010, and today is June 16. tial permission to dredge sand up to using the term the next 2 years? Be- So looking back to April 20, the explo- build sort of an island-like barrier so cause the President of the United sion occurred. Eleven people were maybe that oil will hit the sand and States has put a moratorium on drill- killed. Right there we knew we had a not come in where all the plants and ing in the gulf, and 17 percent of our problem. The first oil leak was offi- the wildlife and the sea life lives and consumption on oil and oil products, cially recognized and revealed by the thrives and functions. which includes plastic and other by- administration in Washington on April But that was only 27 days too late, products of oil and natural gas, 17 per- 24. So 4 days later, the administration and the 28th of May, the President cent of that a year comes from deep- acknowledged and revealed to us that went down on a second visit to the Gulf water drilling in the Gulf of Mexico. there was an oil leak. States, and this is what he told us: The So, in 2 years, that’s 34 percent of our On April 28, the Secretary of the In- buck stops with me. fuel consumption nationwide that’s terior, Mr. Salazar, traveled down to I agree with him. The buck stops going to have to be accounted for by the BP command center in Houston. with the President of the United somebody in some alternative form if April 29, the Homeland Security Sec- States, and now we are hearing people we’re going to give up on oil and gas. retary Napolitano announced a spill of scream about a national disaster, Are any of the alternatives that are national significance, and President which it is, and the President of the even close to replacing 34 percent of Obama made his first public remarks United States’ job was to lead, and lead our energy consumption in this coun- about the disaster. That’s 9 days after means go out and if you have to, roll try? No. Will there be? Maybe. But the it occurred. April 30, the President de- up your sleeves and suck oil out of the reality is, we get up in the morning, ployed his senior administration offi- water. You certainly need to get people and we start our cars, and we drive to cials to the gulf region and makes a re- out there that are taking it seriously work. And generally we’re burning gas- quest for remarks about what’s going enough to follow the instructions of oline or diesel, all of which are prod- on, and the Louisiana National Guard the man on the ground, Governor ucts of the petroleum industry. And if was activated to assist. That’s a start. Jindal, who said it’s not a solution, but you’re not going to use gas or diesel, That’s a first start. it sure would help if there’s a barrier then you better hook a sail up to your The President visits the gulf on May between us and that oil. And he car and hope the wind is blowing to- 2. It looks like 13 days after the event. shouldn’t have had to wait for the Fed- wards work or you’re not going to Cabinet officers briefed the Members of eral Government to hem and haw and work.

VerDate Mar 15 2010 04:52 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.141 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4586 CONGRESSIONAL RECORD — HOUSE June 16, 2010 So the reality is, to just cave in on tonight before the Congress and the we’ve had an offer of that for some an industry because of a terrible dis- American people, House of Representa- time. So I was shocked. aster is like saying, oh, my God, a 747 tives, to review probably what is one of I sent to Secretary Napolitano yes- went down with 600 passengers, shut the worst ecological disasters, natural terday a letter and I outlined the infor- down the air industry for the next 6 disasters our country has ever experi- mation I got. I lead the Transportation months. But here’s the reality: The re- enced, and actually to come here and Committee in the House on the Repub- ality is this 6-month shutdown of the to review some of the timeline of what lican side, but I said, Madam Sec- Gulf is actually going to be a 5-year has taken place. You’ve touched on a retary, this is unbelievable that no one shutdown of the Gulf because once they number of important issues. has even availed themselves of the pull those rigs out of the Gulf, we’re First of all, as someone who comes American flag vessels who are ready, not going to get them back it’s esti- from the State of Florida—we’re part who have equipment. We should not be mated for 3 to 5 years. So the 6-month of the Gulf Coast—I have to extend our endangered in Florida or in other moratorium in effect shuts down 17 deepest, heartfelt sympathies to those States in having that oil up on our percent of our energy production in that lost lives, both on the rig, and now shores. We have the capability that has this country for 5 years, potentially for we heard today from some of our col- not even been utilized to date. So this 5 years. leagues, in an extensive review that we was my letter, my plea to the Sec- It is time to be realistic and say, participated in on our side of the aisle, retary, and I’m shocked and dis- what’s the big problem right now? And from some of those from the adjoining appointed. it’s the oil spill. Why is it a problem? States, how their economy is suffering The other thing, too, is there seems Because oil is floating around on our and how the proposed moratorium to be a conflict. Last night, we heard pristine Gulf of Mexico. It is moving that’s being arbitrarily imposed may the President say that we have been in from State to State. It is eventually make this disaster even worse. It’s charge, he’s in charge as the Com- going to come ashore in someplace, and hard to imagine it being worse, but mander in Chief. Under the Oil Spill why aren’t we doing everything we can again, we empathize with those who Recovery Act that we passed in 1990 to bring people over here from any- have lost lives, who have been injured, after Exxon Valdez, it’s pretty clear where that will help and say we’ll help? and now have seen their livelihood dra- the chain of command, but Thad Allen, I’m going to add one more thing. On matically impaired by this natural dis- who is in charge of this, former Coast June 16, President Obama met with BP aster. Guard commandant now in charge of executives in the White House—that’s What we’ve got to do, though, is the spill cleanup, he said, but we do not today—and he got his $20 billion to go we’ve got to step back. We’ve got to have the capability, the United States into escrow. But the reality is where look at what took place, and then Government does not have the capa- have we been, where has our leadership we’ve got to look at some remedial ac- bility—he said that over and over been of this country, the President of tion. Judge CARTER, gentleman from again, that the private sector has this the United States and the administra- Texas, raised some excellent points. capability. Here again we have U.S. tion, when this oil was spilling out of This is now 60 days, almost two full flag vessels that can do the cleanup that well? Why didn’t we answer the months, into this disaster that took haven’t gotten a call, still waiting. The phone when the Dutch said 3 days after place on April 20. We have not had the Jones Act they could have waived and the spill started, we’ve got a fleet of proper response. That’s evident. allowed those who volunteered assist- skimmers that will come over to help The gentleman talked about the need ance with skimmers and other equip- you skim oil? Why didn’t we respond? to bring skimmers and other craft in. ment, that has not come in. In fact, why didn’t we say, world, we He spoke about waiving the Jones Act, So while there are folks in this ad- help you every chance you ask us to which President Bush did I think in 4 ministration who say they’re in help you, give us a hand; anybody days afterwards. We haven’t really charge, there is some disconnect here who’s got resources that can soak up called for a waiving of the Jones Act, in getting the equipment, getting the oil, please bring them to the United but we would support it. It probably resources out there. In fact, the private States and help us out? should have been done. There have sector has been in charge, and this is That kind of leadership had to come been offers of foreign vessels. the first time the President has met from the President of the United I was absolutely dumbfounded; on with these folks. I was dumbfounded, States, and the waiving of the antique Saturday, I received an urgent e-mail too, today—and I think Judge CARTER act called the Jones Act had to be done from those who are involved with was in that meeting and other Mem- by the President of the United States. American-flagged vessels, one of the bers on our side of the aisle—when we So as we talk about this disaster, leading maritime ship owners, domesti- heard the gulf coast delegation say let’s start by saying what’s our real cally flagged, U.S. flag, who contacted they have requested but not yet met problem? And our real problem is this me on Saturday. The message just with the President of the United leaking oil, and we’ve got to clean it floored me. Mr. MICA, our industry, States. It’s hard to believe the Presi- up. Before anything else, we’ve got to American flag industry, doesn’t mind dent would not meet with the elected clean it up, but instead, we act to at- waiving the Jones Act. The Jones Act Representatives of the gulf coast tack the drilling industry and shut does protect American jobs and Amer- States to sit down. down 17 percent of our energy re- ican labor. Again it’s great to have And then time and again we heard in sources a year at a minimum because those flagged vessels. Waiving it is the review that took place today of re- it’s very, very good and popular to at- done on rare occasions and in emer- quests, simple requests for berms to tack the oil industry. But in reality, gencies, as President Bush did. stop the oil coming into the marshes, tomorrow morning, when you crank up simple requests to act now, sooner 1915 your engine, say to yourself, what kind b rather than later. And we’ve seen the of fuel is driving me to work today and I was informed that we have flagged results of now that oil is making its where does it come from? Jones Act-compliant vessels, American way towards the Florida shores and I am very pleased to see that I’m flag vessels waiting—this particular doing even more damage. So if in fact joined by two of my colleagues, and I’m company, one of the largest maritime the President is in charge, we need to going to call on Mr. MICA from Florida companies in the United States, Amer- free these vessels, employ every means to talk about this very, very disastrous ican flag, has been waiting for a call. possible to keep this disaster from situation and a bill that he has that of- They’ve been waiting for a call from going further. fers some solutions. the Department of Homeland Security, One other thing I disagree with the Mr. MICA. Thank you so much. We from the Coast Guard, any Federal President on. I know it’s important to affectionately refer to the gentleman agency, or BP, to come in and pro- act, and he did act in imposing a mora- from Texas as Judge CARTER, but a dis- vide—they have vessels that can help torium, but I think what they’ve got to tinguished Member of Congress, a part and could be helping in the cleanup do—and I believe he revised that mora- of the leadership of the Republican even before we exempted vessels, for- torium to not affect the 3,500 shallow team, and thank you also for coming eign vessels to come in on this, and water drilling sites, but it is closing

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.142 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4587 down the deepwater drilling sites. she was the Governor, she was tough on And we’ve got to employ everyone we Some of those are exploration sites. In the oil companies. No one passed any- can, every piece of equipment, be it do- fact, they probably should be closed thing by her. She cracked down on mestic or foreign, keep that from com- until we have assurances that future them, made sure they towed the line. ing in. deepwater drilling can be done. My And what was interesting is Governor This is a doable job. When Governors point here is that by closing all of Palin told what they did is, she said ask to take steps, the solution doesn’t them down with a blanket moratorium, this never would have happened, this need to be caught up for weeks in ap- we are putting more people out of kind of approval, in her State because provals from agencies. It shouldn’t be work, taking a horrible situation and there would have been more scrutiny. why we can’t do something. It should making it worse. We will have even The plan that BP offered, in addition be, how can we get this accomplished? more people unemployed. to this 59 pages of the 500 cleanup plan, We’ve got people around the coast So I think the logical, reasonable ap- it looks like BP merely mirrored the whose livelihood now depends on this. proach would be to send inspectors in, Alaska plan; in fact, it told how they We can’t let this disaster that’s al- hire, retain whatever we need, or if were going to deal with cleaning up ready done great damage to our econ- they have government officials to go in walruses, seals and polar bears, none of omy—we have incredible loss of life and see that the deepwater drilling which I’ve seen in the Gulf of Mexico. that we’ve seen, and, again, we that is taking place where they actu- So, again, the Minerals Management empathize with those who have lost ally have the well in production— Service was asleep at the switch. loved ones in this tragedy, but we can’t which I think is about half of the ap- What’s finally startling is two make a horrible tragedy even worse. So things: one, I had our Transportation proximately 30 deepwater wells that reasonableness on this approach. Infrastructure Committee get a copy of are out there. We don’t want to make I thank Judge CARTER, my colleague, the President’s budget. This is the the situation worse economically for the gentleman from Texas. I see we Obama budget—not doctored or any- those that have lost their job, seeing also have another outstanding member thing. I have the exact pages and cover their business close down or, again, see of our Transportation and Infrastruc- copy of the budget. And in February of thousands of people put out of work by ture Committee, Mr. OLSON, also a gen- this year, before this oil spill, the the wrong approach. tleman from Texas. I thank you for President submitted a budget to our So a reasonable approach. First, we coming out tonight, sharing with the T&I Committee, Transportation and get every piece of equipment, whether Congress, the House of Representatives Infrastructure, that oversees the Coast it’s U.S. or foreign flag, there. This can and our colleagues, some of the facts Guard to slash the Coast Guard, our be cleaned up. This is a doable job with and information that need to get out to first responders, by 1,100 positions. In U.S. vessels that have been waiting to the public so that we can get this mess addition, he wanted to decommission hear that call from the administration. behind us. Thank you so much, and I and take out of service ships, heli- And then secondly, let’s also be reason- yield back. copters, aircraft, all which are nec- able in the moratorium. I have been a essary for our first responders. b 1930 strong advocate of keeping the U.S. I remember when FRANK LOBIONDO, Mr. CARTER. Before you yield back, independent and free as much as we who is my ranking member on the would you tell us a little bit about could, drill where it’s safe. My State of Coast Guard Committee within our your Oil Spill Liability Trust Fund Im- Florida I helped on a 100-mile setoff Transportation Committee, when we provement Act that you have proposed. years and years ago. I thought that was heard about this, we sent out this press Mr. MICA. Well, I will tell you right reasonable. But you know, it may or release—this was in February, after the now that we are open to suggestions. may not make a difference because this President had recommended cutting We are looking at trying to be reason- was only 45 miles off the coast of Lou- our first responders. We said—well, we able in whatever we do. To just impose isiana, as we see. said it’s outrageous, but we said this is unlimited caps on liability could be a The other thing we need to do is have a recipe for disaster. This is dated Feb- very serious and damaging measure. a good backup system. We shouldn’t be ruary 25, after we got this. Then star- First of all, let me say I believe that rubber-stamping approvals of any com- tling in this also, if you look a little BP must be held accountable, fully ac- pany, whether it’s BP or anyone else. bit further in the budget—not under countable. Certainly, that company BP, in February of 2009, gave this—and our purview, but our staff found this— has the resources. They must be re- this is a copy of it—this is the plan for that the Minerals Management Service sponsible for the cleanup. Even though their exploring that site and their that the President talked about last there is a limit under the current 1990 doing an exploration well, a develop- night and how we need to clean that up statute of $75 million, they must be ment well. This plan was submitted in and everything, in his budget that he held accountable, far beyond that, for March of 2009, over a year ago, and this proposed to Congress, he proposed economic damages. is the one-page approval. I got a copy slashing the Environmental Review What we don’t want to see is that we of this before our Transportation Com- Agency within that, or activities with- make the terms for liability so high mittee hearing just before it took in that, agency by $2 million; pretty that only a few multinational corpora- place. This is the one-page, carte dramatic cut for someone who has to tions will ever be in the oil business. blanche approval. I don’t think some of review, again, what the private sector Small producers in Texas and through- the people in the Minerals Manage- submits, their plan, slashing that plan. out the gulf—there are thousands of ment Service even read this 59-page re- I thought this was just unbelievable. people in business—do a good job day quest. And we’ve heard hearings lately And finally—this is in February. In in and day out. 3,500 of 3,600, I believe, as to the failures of BP to outline a March, the President came out—and active rigs in the gulf are in shallow good, solid proposal. this is the story in The New York water, but they shouldn’t be penalized This proposal is the basic plan for Times—and said that we have to in- by the failure of government or by the drilling that BP submitted. It also re- crease drilling in the gulf. This is it. I failure of a big corporation. Let’s hold fers to a much bigger document, and didn’t make it up. It’s The New York their feet to the fire. that’s the actual 500-plus-page docu- Times: ‘‘Obama to open offshore areas So we are going to work with the ment that details all of the spill clean- to oil drilling’’—and it says right here, Democrats. We are going to work with up procedures that BP would employ. the gulf. So first he’s slashing first re- the administration. We are going to try That was also rubber-stamped with sponders, then he’s next proposing to craft something that is fair and rea- this approval, this one-page approval. slashing the agency that does the envi- sonable, that holds people accountable So this was done by the Obama admin- ronmental reviews. The review, again, and that holds their feet to the fire. istration with people sleeping at the the oil companies present that to the The current fund that we have switch or not paying attention. Minerals Management Service, they re- shouldn’t be just a slush fund or front What’s shocking, and I heard former- view it—I showed you the rubber financing of the cleanup for BP or for Governor Palin telling the country stamp, April 6, that they approved it. any big company. That was actually this—and people should listen to Gov- And then finally, again, the main set up for orphan spills or for a com- ernor Palin on this—Sarah Palin, when thing now is cleaning this mess up. pany that may not have the assets but

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.146 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4588 CONGRESSIONAL RECORD — HOUSE June 16, 2010 that was responsible for a spill. We very proud to be part of a Congress I asked him last week, How long can want that fund to continue to work, that instantly reacts to a crisis situa- you hang out? and we may need to put more funds in tion. Mr. OBERSTAR should be com- He said, Three weeks max. it to make certain that we have cov- mended for that reaction. That is what How much is it costing you? erage for the future. Again, what we we are asking for the entire govern- Well, the rigs are a little different. don’t want to do is put in place insur- ment to do. Let’s react positively. One’s down around $500,000 a day. The ance and liability limits that are so Let’s work as a team. Let’s quit blam- other one is at $1 million a day. $1 mil- high that very few people can meet ing previous administrations. Let’s do lion. those requirements. the job to clean this mess up. If this baby goes on, if this morato- So we are crafting that legislation. I thank you very much. rium goes on for 6 months, that is We want to do it in a bipartisan man- My good friend from Texas lives in going to be $180 million that that com- ner. The law does need to be altered. the heart of All Country USA. Houston, pany is going to just have to absorb. We should learn, and we should benefit Texas, is, to my way of thinking, the Yet you know what they’re going to do. by this horrible experience, and we center of the universe for the oil indus- Guess what? They’re going. They’re should make it better and make cer- try, and my good friend PETE OLSON is going overseas. He has been talked to. tain that it doesn’t happen again. one of the members of our Houston del- My constituent has been talked to, and Again, thank you for your leadership egation who is very knowledgeable in he has had interest from Australia, and for asking me to participate to- this area. He has some legislation, and from Brazil, from western Africa, and night. there may be other things that he from eastern Africa already. He is con- Mr. CARTER. I thank the gentleman wishes to talk about, so I yield to my sidering their options very seriously for what he has had to say. friend PETE OLSON, the Member from because he can’t afford to be paying I want to tell you that my wife is Sugar Land and all points south, to $500,000 or $1 million per day as long as Dutch, so I took a little offense at the talk to us about how he feels about this moratorium goes on. This is going fact that we had an offer of help of a what is going on today. to have a devastating effect on our do- fleet of skimmers from the Dutch. It is Mr. OLSON. Well, thank you for mestic production of energy. my understanding we gave no response. hosting this Special Order tonight on One of the great problems we have in Maybe that’s different. I don’t know. such a critically important issue for America—and it is something we All I know is that I’m like Will Rogers. the American people. should have fixed years ago—is our de- All I know is what I read in the news- I would like to thank my colleague pendence on foreign oil. We all remem- papers. Now I’m even more upset since from Florida for coming by and for giv- ber 1979 when the Shah fell, when Iran I’ve found out we have American- ing his perspectives on how this dis- was taken over by the Ayatollah Kho- flagged ships waiting in the harbor aster is affecting Florida. meini and when the Arab world cut off ready to help, and nobody has asked for I’m going to have a theme tonight, our fuel supply. I was a 16-year-old in their help. The leadership that runs Judge. I was in the Navy for 10 years— Houston, Texas, and I had just gotten this country, the executive branch of a naval officer. We’re trained to lead. I my driver’s license. So my job was to mean, in my aircraft, I was a crew of the government, ought to be ashamed take the car up when it got down to 12—five officers, seven enlisted folks. I of themselves. about a quarter of a tank of gas. I’d Mr. MICA. Will the gentleman yield? was the patrol plane commander, so take it up and get in that gas line de- Mr. CARTER. I yield back. those 11 individuals depended upon me pending on what the last number of my Mr. MICA. In conclusion, I do want to take them out, to do the mission, license plate was—odd or even on an to say that I work very closely with and to come back home safely. To sum odd or even day—and I loved it. I was Mr. OBERSTAR, the Democrat chair of it up in two words, the philosophy is standing there with my radio and with the T&I Committee. When we found ‘‘leaders lead.’’ Well, guess what? We my window rolled down. Now that I’m out that the $1.6 billion fund has a $150 are not seeing leadership out of Wash- an adult, I realize what a disaster that million cap for emergency use, we ington. came together last week. I offered leg- We’ve had a very difficult situation. was. It’s not gone. I mean it’s still out islation specifically to deal with that. We’ve had the largest oil spill in Amer- there today. Again, we have to act in a responsible ican history, and there are thousands As the judge knows, we’ve got serious manner for the country. We passed of jobs affected by it already: the food challenges in the Middle East. I mean that. The House concurred with us. We processing industry; the fishing indus- Mr. Ahmadinejad in Iran is scary. I have provided some temporary relief. try across the coasts of Louisiana, Mis- mean he is trying to get a nuclear Again, I’m not going to let the $1.6 sissippi, and Alabama; the tourist in- weapon. He was here in our country a billion or the $150 million be a piggy dustry. We’re hitting the summer sea- couple of weeks ago at the United Na- bank for BP or for any responsible par- son. This is when people go on vaca- tions. He sat down with George ties, but we want to make certain that tions. We’re past Memorial Day. From Stephanopoulos and literally—this is all of the resources are there on an what I hear, the hotels are about half the leader of Iran—told him that emergency basis to the administration, full. It has had a significant impact on Osama bin Laden is here in Wash- to the Coast Guard, to whomever, so no the people of the gulf coast. ington, D.C. Let me say that again. one can say that Congress didn’t act in Yet what does the administration do? Judge, I think Osama bin Laden is here a timely fashion. We were alerted that Do they lead? No. Again, in a knee-jerk in Washington, D.C. This guy is trying some of the funds were running low in reaction to this terrible tragedy, they to get some nuclear weapons. He cer- that emergency portion of the $1.6 bil- imposed a 6-month moratorium on tainly has some oil, and he has friends lion, which is put out in advance. deepwater drilling—all of it stopped. out there—the Saudis and others—who So I talked a little bit before about Again, it’s a disaster for our economy would cut him off if something hap- the legislation we are looking at on li- and for our Nation. Let me go over pens. ability caps, and that is what we have some of the specifics with you as I What has happened, as you know, done in a bipartisan fashion today. We know my good friend knows. too, Judge, just as well, is that this ad- did that, and we are prepared to do There are 150,000 jobs that are going ministration has hurt our relationship even more on the caps, whatever it to be lost because of this moratorium. with our great ally Israel. In 18 takes and whatever resources and as- That’s 11⁄2 times my hometown of months, our relationship with Israel sets of the government and of the pri- Sugar Land, which the judge men- has gone from being one of our strong- vate sector we can bring to bear to tioned. That’s like wiping out Sugar est allies to someone the world looks bring this horrible disaster under con- Land and going down to Rosenberg or at and asks, Is the United States really trol. Richmond and taking them off the with them? That has created another Thank you again for your leadership, map. This is 150,000 jobs. dangerous situation where countries both of our Texas Members—Mr. There are 33 rigs currently out there. out there are going to start taking CARTER and Mr. OLSON. I’ve talked to a constituent in my dis- chances and taking shots at our best Mr. CARTER. In reclaiming my time, trict who has an ownership interest in friend. Again, what happens at the end let me say right off that I am very, two of those rigs. of the day if we stand up for Israel?

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.148 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4589 Maybe we get another oil embargo. We focus on that. That’s the problem, and The President, as you recall, met this can’t afford that. Yet this administra- the administration is not focused on past week with the families, the fami- tion’s actions by imposing this 6- that. Again, leaders lead. lies of the 11 rig workers that were month moratorium on deepwater drill- What do we see out of the White killed in the explosion. Many of them, ing in the gulf are going to help that House today? Coerced British Petro- from the press reports, told him, cause. leum to a $20 billion slush fund, a pri- Please, Mr. President, don’t do this I don’t know where to start some- vately funded slush fund for govern- moratorium. Don’t do this to my hus- times. As my colleagues have men- ment to use and spend as they see fit. band, who most of these people were tioned, we introduced a bill yesterday, Now, BP has made some mistakes, and born and raised in small towns in Lou- a very simple bill. It’s one page—half a the investigation is not complete, but isiana, like Homer, and they planned page. It basically says, Let’s end the there is a lot of evidence and indica- on living their lives there, raising their moratorium, Mr. President. We had a tion that they have made some mis- children there, raising grandchildren meeting today with Mr. Salazar. The takes, have cut some corners and have there. And they see what’s at stake Secretary of the Interior came over done things that haven’t been con- here. They don’t want a moratorium, today. sistent with standard operating proce- even though their family members I asked him, Do you believe that you dure. have made the ultimate sacrifice. were given all of the accurate analysis b 1945 It’s my hope that the administration on the economic impact of this morato- And they should agree to reimburse listens to the American people, looks rium on deepwater drilling? Did you the Americans who have been affected at the numbers of 150,000 jobs that are know all of the facts? Did you know by that. going to be lost. Just the fact that that 150,000 Americans are going to But for the government to force upon we’re going to lose all of our—most of lose their jobs and that those rigs in them a $20 million concession that the our domestic offshore production of oil, the gulf are most likely going to go government’s going to handle and dole and we’re going to take that overseas overseas and start developing oil in for- out as they see fit is just not what’s in to foreign nations. And one other thing eign nations? They’re not coming back our country’s interest. We see what is the second largest income tax source any time soon. this administration has done if we give for the Federal Government is offshore It’s a minimum—a minimum from them large amounts of money. The drilling. About $6 billion a year, bye- what I’ve heard from the people in my first big vote I had as a Member of Con- bye. It’s just incredibly frustrating as a district—of 5 years before those rigs gress, almost $900 billion in economic freshman Member of Congress that will even consider coming back because stimulus package. Guess what? Has it we’re going through this, Judge. We they will have paid all that money to stimulated the economy like the ad- need to fight to make sure that this go over there. They’re going to sit ministration, like the President, said it moratorium is repealed, because it’s in there. They’re going to make money. would? Has it kept our job rate below 8 America’s best interest. They’re going to decrease our national percent; our unemployment rate? No. Mr. CARTER. Reclaiming my time reserves here in America, and they’re We’re hovering about 10 percent. What for a moment, I asked TRENT FRANK, going to increase our dependence on do we spend it on? You know the an- who is an experienced offshore driller, foreign oil. swer to that, Judge. Two-thirds of the as we all know. I said, TRENT, what Again, Judge, leaders lead. What has money has been spent on public sector kind of salaries do these guys make? the administration done? jobs and one-third on private sector He said, The ordinary laborer—which Well, you know, as you talked about jobs. I’d submit—and this isn’t taking in my day, at least, we used to call earlier, Governor Jindal asked for some much of a chance—that’s not how you those guys roughnecks or roust- sand, for about 24 miles of sand to grow an economy. And yet the admin- abouts—$60 an hour. And the high-tech place in between some of the istration has now coerced British Pe- guys, the guys that can drive a drill bit marshlands that were going to be im- troleum to give them $20 billion as down 5,000 feet under the water and an- pacted by the oil spill. It took our gov- they see fit. other multithousands of feet and hit a ernment 3 weeks to approve that. Finally, and I’ve got the President’s 12-inch hole where this oil is coming Why? Why? he asked. speech here, about the last third of it out of, with that kind of skill, they’re Well, we had to do some studies. You didn’t have anything to do with the paid a lot more. know, the Environmental Protection Gulf of Mexico. It had something to do Now the question I would have for Agency had to look and make sure with a much bigger agenda. He was the administration, if you take the that, if we put that sand in front of the talking about why this substantiated drilling away and all those people are berms, we weren’t going to do some and justified the administration’s pur- looking for a job to replace that in- things to hurt the birds and the wild- suit of a hydrocarbon emission law—a come, where is the guy who developed life behind that. cap-and-tax, as we call it up here in the his skills through experience at the You’re going to hurt the wildlife be- House. I mean, again, why are we talk- low-paying job on a well? So maybe hind that, and you’re going to damage ing about this when we’ve got oil spill- he’s got a high school education, and those birds when that oil gets in there. ing out of the Gulf right now. And the he learned his job on the job. Where is Put the sand up. Prevent that from answer is: because the administration he going to find $60 an hour to support happening. Let’s deal with that prob- has an agenda that doesn’t have any- his family on? It doesn’t exist. lem. Amazing. thing to do with the oil coming out. It Mr. OLSON. Will the gentleman The Jones Act. You talked about has everything to do with changing yield? that. We’ve got great allies out there America, making us uncompetitive in Mr. CARTER. I yield. who want to help us, who have come to a global market, increasing our costs Mr. OLSON. Judge, I think the Presi- us and who have said, Please, we can of energy for every American con- dent gave us the answer to your ques- help you. What did we do? No thanks. sumer, and getting a big tax increase tion there. In his speech yesterday, We’ve got this law that requires Amer- with all these payments, allotments this is what he said. ‘‘Already, I have ican unions, our unions, to man the that the corporations, companies, issued a 6-month moratorium on deep- ships. We don’t need your help. small businesses across America have water drilling. I know this creates dif- Katrina, 2005. President Bush was to pay. And it’s quite frustrating. ficulty for the people who work on asked, you know, to waive the Jones I mean, when I go back home, Judge, these rigs, but for the sake of safety Act. He stepped up and did it. Why? Be- and I am sure you get this, What’s and for the sake of the entire region, cause it was right for America. He was going on in D.C.? And, Who’s leading? we need to know the facts before we focused on the problem, which was help An the answer is, Nobody is leading allow deepwater drilling to continue.’’ Louisiana and New Orleans recover right now. Again, leaders lead. And Mr. CARTER. Reclaiming my time, from that hurricane. that’s why I introduced that law that in wrapping this up, there’s a lot of The problem here is real simple, you mentioned earlier to just repeal things that the Republicans—we get Judge. We’ve got oil spewing out of a the moratorium. Get the American accused of an awful lot of things hole in the Gulf of Mexico. We need to people back working on those wells. around here. We’re going to ignore

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.149 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4590 CONGRESSIONAL RECORD — HOUSE June 16, 2010 those accusations. Mr. BLUNT has a But many have wondered, Why was fought fiercely to be left alone. Lob- bill. The Oil Spill Response and Assist- the President easy on British Petro- bying records show that BP is no free- ance Act, by Mr. ROY BLUNT from Mis- leum for so long? Lately, he talked market crusader but instead a close souri, H.R. 5336, requires the Secretary about kicking rear ends and all this friend of Big Government whenever it of Energy to develop and deploy tech- stuff, but this is over a month and a serves the company’s bottom line. nology for the use in the event of half later. So I was very interested in While BP has resisted some govern- breach or explosion at or at a signifi- this article, apparently from the Wash- ment intervention, it has lobbied for cant discharge of oil from a deepwater ington Examiner. And the K Street tax hikes, greenhouse gas restraints, port, offshore facility, or tank vessel, Column appears on Wednesday by Tim- the stimulus bill, the Wall Street bail- including caps, fireproof booms, re- othy Carney. I’m just going to read the out, the subsidies for oil pipelines, mote-operated submersibles, 24-hour article because I found this very inter- solar panels, natural gas and biofuels.’’ response time, double liability limits esting and helped give me some insight The article continues on, ‘‘Now that for oil companies. into this relationship with British Pe- BP’s oil rig has caused the biggest en- Mr. BLUNT is addressing the issue. troleum. vironmental disaster in American his- Mr. SCHOCK has an Offshore Safety and But the article says, ‘‘As British Pe- tory, the left is pulling the same bogus Response. We have legislation. Let’s do troleum’s Deepwater Horizon oil rig trick it did with Enron and AIG. When- our job. And let’s continue. Let’s end was sinking on April 22, Senator John ever a company earns universal ire, de- that moratorium and continue to drill. Kerry, Democrat of Massachusetts, was clare it the poster boy for the free mar- And be safe. on the phone with allies in his push for ket. As Democrats fight to advance cli- f climate legislation, telling them he mate change policies,’’ AKA global would soon roll out the Senate climate warming when it’s not warming. Back FEDERAL GOVERNMENT’S bill with the support of the utility in- to the article, ‘‘they are resorting to RESPONSE TO THE OIL SPILL dustry and three oil companies, includ- the misleading tactics they used in The SPEAKER pro tempore. Under ing BP, according to the Washington their health care and finance report: the Speaker’s announced policy of Jan- Post.’’ posing as the scourges of the special in- uary 6, 2009, the gentleman from Texas Let me explain here why this is terest and tarring reform opponents as (Mr. GOHMERT) is recognized for 60 min- called climate legislation. In the last the stooges of big business. Expect BP utes. couple of years, it became clear that to be public enemy number one in the Mr. GOHMERT. Thank you, Mr. there was significant evidence to indi- climate debate. There’s a problem. BP Speaker. I want to follow up on what cate that global warming was not oc- was a founding member of the U.S. Cli- my friends were discussing because this curring. We’ve had indication one of mate Action Partnership, a lobby dedi- oil spill is so important. And when our the heads of the movement that is cated to passing a cap-and-trade bill. colleagues across the aisle control the claiming it was, actually admits there As the Nation’s largest producer of White House, the Senate, the House of has been no evidence that the planet natural gas, BP saw many ways to Representatives, the most we can do is has been warming since 1995. And the profit from climate legislation, notably use this honored place here to bring evidence has been the last few years it by persuading Congress to provide sub- out some points so that, hopefully, is probably cooling. I read an article in sidies to coal-fired power plants that America will respond, let their Mem- the wee hours this morning that South switch to gas. In February, BP quit the bers of Congress know what can be Africa is getting the first snow in dec- United States Climate Action Partner- done, what should be done, and why. ades. ship without giving much of a reason And then perhaps we will get the ap- So, anyway, but apparently, the glob- beyond saying the company could propriate action from the majority. al warming movement realized this was lobby more effectively on its own than But I know there have been a lot of a problem. And I read another article in a coalition that is increasingly people that have been perplexed over sometime back around this time that dominated by power companies. They the President waiting for so long to sit indicated, you know what? We’ve been made out particularly well in the down with the chairman of British Pe- saying carbon dioxide trapped the House climate bill, while natural gas troleum. I know our President has said warmth in, but it may be, since the producers suffer.’’ he has been involved and been in con- planet may be cooling, maybe it makes trol and been in charge since day one. the Sun’s rays bounce off the carbon b 2000 We have heard that over and over. And dioxide. And so maybe CO2 is to blame And I am still reading from the arti- I know my colleague, former Judge for the cooling. So they realize if the cle: ‘‘But 2 months later, BP signed off CARTER, like me—maybe it’s the judge planet is cooling, and you want to on Kerry’s Senate climate bill, which in us—but even though the President blame CO2, you’re going to have to was hardly a capitalist concoction. One has said he wasn’t going to believe— change the name, because global warm- provision BP explicitly backed, accord- something like he wasn’t going to be ing doesn’t work if the climate is actu- ing to Congressional Quarterly and able to believe whatever he said, so he ally getting cooler. So they have start- other media reports: a higher gas tax. didn’t even meet with him. Well, as my ed calling it climate legislation rather The money would be earmarked for fellow former judge knows, the best than global warming legislation. So building more highways, thus inducing way to find out if you can believe them that’s why it’s referred to this way, more driving and more gasoline con- is bring them. Look them in the eye. and that’s why senators like Senator sumption. Ask them questions. Find out if their KERRY down the hall are referring to it ‘‘Elsewhere in the green arena, BP answers are credible. Find out by the as climate legislation. has lobbied for and profited from sub- questions you ask whether they make But, anyway, going back to the arti- sidies for biofuels and solar energy, two sense, whether they’re conflicting. And cle, it says, ‘‘Kerry never got to have products that cannot break even with- you find out whether you can trust his photo op with BP Chief Executive out government support. Lobbying somebody just by getting them in and Tony Hayward and other regulation- records show the company backing talking to them. To make the state- friendly corporate chieftains. Within solar subsidies including Federal fund- ment that, for whatever reason, but if days, Republican cosponsor Lindsey ing for solar research. The U.S. Export- it was you can’t trust what he says, Graham, Republican from South Caro- Import Bank, a Federal agency, is cur- then get him in and talk to him, for lina, repudiated the bill following a rently financing a BP solar energy heaven’s sake. I guess if you’re used to spat about immigration, and Demo- project in Argentina. condemning police officers before you crats went back to the drawing board. ‘‘Export-Import has also put up tax- know the facts, then, as we know from But the Kerry-British Petroleum alli- payer cash to finance construction of court cases, the best indication of fu- ance for an energy bill that included a the 1,094-mile Baku-Tbilisi-Ceyhan ture activity is often past history. It cap-and-trade scheme for greenhouse pipeline carrying oil from the Caspian needs to rise to the level of being habit. gasses pokes a hole in a favorite claim Sea to Ceyhan, Turkey—again, prof- But we’re beginning to see a pattern of President Obama and his allies in iting BP. Lobbying records also show developed here. the media that BP’s lobbyists have BP lobbying on Obama’s stimulus bill

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.150 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4591 and Bush’s Wall Street bailout. You So we had had a climate change from the solution to the oil flowing into the can guess the oil giant wasn’t in league 90 to 20 in a 10-hour period, including a gulf is not bringing in the Dutch ships with the Cato Institute or Ron Paul on dust storm and rain. And we know that and other ships that have volunteered those.’’ climate change is George W. Bush’s to come help by awaiting the Jones Continuing to read from the article, fault. Now did he do that? Because that Act. It’s not even releasing American the last couple of paragraphs: ‘‘BP has certainly was the most spectacular cli- flagships to go out there, which is no more Democratic lobbyists than Re- mate change I have ever seen in my en- violation of the Jones Act. publicans. It employs the Podesta tire life. But, unfortunately, we all No. The solution to the oil spill is Group, cofounded by John Podesta, know in Texas, we have those climate cap-and-trade, cap-and-tax. Let’s see if Obama’s transition director and con- changes all year long. Is that the Re- we can’t come up with a whole new tax fidant. Other BP troops on K Street in- publicans’ fault and the Bush adminis- scheme for the American people. Let’s clude Michael Berman, a former top tration’s fault? Good Lord, where were see if we can’t drive up the cost of the aide to Vice President Walter Mondale; they in 1964? I think he was probably in energy for their homes and for their Steven Champlin, former executive di- junior high school or something. I businesses. Let’s see if we can’t put the rector of the House Democratic Cau- don’t know. What do you think, Mr. American farmer out of business. Be- cus; and Matthew LaRocco, who GOHMERT? cause you talk to a farmer about cap- worked in Bill Clinton’s Interior De- Mr. GOHMERT. Well, reclaiming my and-tax, and he will tell you, his food partment and whose father was a time, it appears that apparently former and fertilizer—or the food and fiber he Democratic Congressman. Former Re- President George W. Bush must have produces and the energy it takes to run publican staffers, such as Reagan alum- had an awful lot of activity to have his farm equipment is all going to be nus Ken Duberstein, also lobby for BP, that kind of effect on global warming destroyed by this scheme to make but there’s no truth to Democratic por- even back then. But then I find it in- money another way with cap-and-tax trayals of the oil company as an arm of teresting, because I know my friend re- programs. Well, I mean, look at how much the GOP.’’ calls seeing the articles as I did. In Reading the last paragraph: ‘‘Two fact, I recall in college being told that money the former Vice President of the United States, Al Gore, has made in patterns have emerged during Obama’s we were probably at the very begin- participating in cap-and-tax issues in Presidency: 1) Big business increas- ning—some said we absolutely were at foreign areas, like the European Union. ingly seeks profits through more gov- the very early stages of a new ice age So get back to the oil spill, Mr. Presi- ernment, and 2) Obama nonetheless that would end the world, end all peo- dent. I yield back. paints opponents of his intervention as ple on the world with ice. Mr. GOHMERT. Well, I was just Well, I just didn’t believe it because industry shills. BP is just the latest ex- going to mention, former Vice Presi- as a Christian, you know, the Bible ample of this tawdry sleight of hand. dent Gore. He has got a global warming doesn’t teach that the world ends with Once a government pet, BP now a capi- problem of his own now, so I will prob- an ice age, and so I just knew that talist tool.’’ ably just leave reference to him out en- So I would like to yield time to my couldn’t be right. But the people all tirely. Apparently his planet is warm- friend from Round Rock, the George- around me were saying, Oh, yeah, we’re ing right now. town area, and ask if that makes sense at the beginning of a new ice age. It’s But it is interesting, too, when I now that you know the full story and the global cooling. It’s going to ulti- heard the President talking previously perhaps explains why the President mately have the whole planet frozen about this cozy relationship between was so slow to get after British Petro- solid, and then who knows what life regulators and the Big Oil—here it is leum. I yield. forms will emerge, if any, after the big back again to the cynicism, and part of Mr. CARTER. I thank my friend from ice age. Now I remember that, and I re- it I think is all those days as a judge— Texas for yielding. And let me say, member the discussions and discussing you know, it hit me. And I asked my that was a real eye-opener. I knew it with classmates and things, and I office to check. And sure enough, they from having read some of the things just could not buy back in the seven- found a press release from the Depart- previously that BP certainly was ties that we were at the beginning of a ment of Interior dated June 18, 2009, claiming big green activities both in new ice age. and I’m glad my friend was enlight- their ads on television and in other So I come into this thing a bit skep- ened, as I was, to find out just how places, and I do remember reading, I tical. And as I have said many times, cozy British Petroleum and the White believe in the National Journal, some there is an adage here in Washington House and the global warming advo- articles about their activities on behalf that no matter how cynical you get, cates here on Capitol Hill and the of climate change. But it didn’t really it’s never enough to catch up. And this White House have been. There is appar- sink in until this very minute when is exactly the kind of thing that makes ently a very cozy relationship, which you read this to me. And I am going to you see that. It just creates too much obviously made it difficult for him to bring something up that’s a little cynicism. want to condemn BP because they were tongue-in-cheek humor. But I have a Mr. CARTER. If the gentleman will the oil company that was jumping out question I wanted to ask because now yield for a moment, I would argue that there and saying, We support all this you have talked about the difference we enhance our cynicism quite a bit by global warming stuff. between what we talked about, which the article that you just read con- Well, let me read you this press re- was global warming and climate cerning the relationship between the lease. It’s from the Department of the change. Obama administration, the Democratic Interior. It says, Department of the In- When I went to school in Lubbock, Party, and British Petroleum prior to terior press release. Date, June 18, 2009. Texas, back in the sixties, I remember the leak, the massive disaster in the And the headline is, Secretary Salazar specifically a day when a bunch of bud- gulf. So you have to be a cynic when Names Sylvia V. Baca Deputy Assist- dies and I went out to play a round of you see the kind of ‘‘whose blank am I ant Secretary for Land and Minerals golf. It was 89 or 90 degrees. We were in going to kick’’ attitude out there. And Management. Minerals Management a pair of golf shirts and Bermuda of course everybody knew who we were should ring a bell with what’s going on shorts, and we started out playing a talking about’s blank that was going today. And then it has the city, ‘‘Wash- round of golf. Before we got through to get kicked, and that was going to be ington, D.C.—Secretary of the Interior with nine holes, a dust storm came up, British Petroleum, as if they were the Ken Salazar today named Sylvia V. and we could hardly see the ball, and evil empire, you know, the black Baca, a senior public and private sector we could hardly hit it. Then it began to knights or whatever you want to call manager in energy and environmental rain, and it rained mud for about an them. When you realize that they were policy and programs, as Deputy Assist- hour through the dust storm. Then as partners on the same piece of legisla- ant Secretary for Land and Minerals the dust seemed to calm and go away, tion that he talked about for at least Management. The appointment does the temperature began to drop, and by one-third to almost one-half of the not require Senate confirmation.’’ Be- the time we got to the club house, the speech that the President made last cause see, if it required Senate con- temperature was 20 degrees. night to the American people because firmation, as my friend knows, then

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It just hit me, and I ‘‘Sylvia brings more than two decades ‘‘Among her achievements, Baca for- sent a message to my staff and said of management experience dealing mulated consensus-based Federal land find out where those two people are with natural resource and environ- and resource management policies and who the inspector general said were mental stewardship issues in both the facilitated policy resolution for public largely responsible or likely respon- public and private sectors and at all land and mineral disputes with com- sible for the price adjustment language levels of government, Secretary peting interest groups. She earlier being pulled out that cost our country Salazar said. Sylvia understands the served as the Deputy Assistant Sec- billions of dollars while they were value of partnerships and the dynamics retary for Land and Minerals Manage- there in 1998 and 1999. They came back of consensus building on difficult ment, and was the Acting Director of and said we have a press release that is issues, and her professionalism and de- the Bureau of Land Management.’’ talking about one of them, and this is tailed knowledge of Interior’s land and I’m going to stop reading here be- the press release that I just have read energy responsibilities will make her a cause what brought her to my atten- from. valuable member of our leadership tion for the first time I ever heard her So it is interesting. There is a cozy team. name was when the inspector general, relationship between this administra- ‘‘Baca, who currently is general man- who had investigated a few years ago tion, and it goes beyond this, and I am ager for Social Investment Programs how in the world we ended up on our deeply troubled. I know whether you and Strategic Partnerships at BP offshore leases having the price control are in Congress, but especially Presi- America Inc. in Houston, has held sev- adjustment language pulled out in 1998 dent of the United States, we rely so eral senior management positions with and 1999, he mentioned that Ms. Baca much on our staff and those people the company since 2001, focusing on en- was probably principally in the best po- around us to help us get information, vironmental initiatives, overseeing co- sition to talk about why it was pulled and we often depend on what they give operative projects with private and out. us. That is why I like to see it in print, From the hearing, it certainly ap- public organizations, developing verified. peared that they were informed: We al- health, safety, and emergency response But the President said in his speech ways put this price adjustment lan- programs, and working on climate last night, We are running out of places guage in there. For some reason there change, biodiversity, and sustain- to drill. Well, yes, because if you go were two people, Ms. Baca and another, ability objectives. back a year and a half ago you will find who were involved apparently in seeing ‘‘As Director of Global Health, Safe- this same Secretary Salazar took it was pulled out. And it has cost this ty, Environment, & Emergency Re- checks that the government had al- country’s Federal Treasury billions of sponse for BP Shipping Ltd. in London, ready received at the end of 2008 for dollars now that has gone to those who Baca led a worldwide team to develop leases in the middle of the United signed those leases in which she or innovative and proactive energy and States area and returned the checks somebody she knew about was pulling and said it was his decision and this ad- the environment initiatives. Among the language out regarding the price her accomplishments, she oversaw ministration’s decision that they were adjustment. not going to allow those leases to go health, safety and environmental out- When I asked the inspector general forward that were let at the midnight comes for an $8 billion shipbuilding what Ms. Baca said about this when he hour as the Bush administration was program, resulting in the youngest, questioned her, he said he had never leaving. That was grossly unfair to greenest and most technically ad- questioned her because she left govern- what occurred, because the informa- vanced fleet in the world. The project ment service at the end of the Clinton tion that some of our folks in natural has received numerous awards for its administration and he couldn’t talk to resources had found was that actually safety and environmental advance- her now that she was in private busi- ments. ness and in the private sector. I that was a 7-year process. He called it a midnight hour, that is when the b 2015 couldn’t believe he wouldn’t at least give her a call. checks came in, but no company is just ‘‘As vice president for Health, Safety Anyway, it turns out that cozy rela- going to rush in and say, Here is a and Environment, BP North America tionship that the President talked check; I don’t know what the land in Los Angeles, Baca served as policy about is very real. It was present in the looks like. They have to do some test- adviser on environmental initiatives, Clinton administration. It left during ing, see what they think they might such as climate change, biodiversity, the Bush administration, but came want to offer in the way of a bid. So sustainable development, land restora- back in June of 2009 as their own press that was a long 7-year process. And it tion, and air and water programs. Baca release from the Department of the In- was terminated. presented BP’s Climate Change Pro- terior indicates. So when the President says we are gram before congressional committees I yield to my friend. running out of places to drill, yeah, I and served as a board member on the Mr. CARTER. I want to congratulate guess so, when you keep declaring all California Climate Action Registry, my colleague for doing some mighty of these areas off limits, on shore, in National Resources Council of Amer- interesting research. It is good that we the shallow gulf, all of these shallow ica, NatureServe, and the University of laid this kind of research out before and inland areas. People are not aware, Colorado Natural Resources School of this House and before the American but every time they declare a wilder- Law. She developed collaborative part- public. ness area, they put that land off limits nerships with key constituents, trade One of the things that people get con- to drilling. When they declare a wilder- associations, regulators, and other cerned about up here is who is shooting ness area like this body has, and it is stakeholders on environmental legisla- straight. As far as Ms. Baca is con- on the Mexico-Arizona border, that tive and regulatory issues.’’ cerned, it looks right now like this ad- means there is no Border Patrol cars or It gets better. ministration decided to put their helicopters or anything that can be on ‘‘From 1995 to 2001, Baca served as money on the wrong horse. When we the ground in that area in the wilder- the Assistant Secretary for Land and start talking about Minerals Manage- ness area. So there is probably not a Minerals Management at the Depart- ment, that is starting to ring a bell month goes by that we don’t declare ment of the Interior, where she was the with the American people because our more and more land unavailable for principal policy adviser to the Sec- interesting father and son inspection any mineral production. retary of the Interior for environ- team that you have talked about on Mr. CARTER. That comment about mentally responsible stewardship of the floor of the House, isn’t that part the no vehicles also prevents those who public lands and resources. She was re- of Minerals Management? are in charge of enforcing our border sponsible for the development of na- Mr. GOHMERT. It certainly is part of from following the drug dealers as they tional policy and management direc- Minerals Management Service. I have take their caravans of bad product

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They can bring mechanical things not going to do it, I am going to get a cousin, funeral attended yesterday, and let them work there, but the Bor- somebody in your job that will get it and there’s nothing like that kind of der Patrol cannot pursue them. Those done. Do it. Then get it for final signa- heartache. areas look like roadways, and it is ture to me. I will be finishing the 9th But then the next tragedy is what’s from the illegals coming through the hole on the golf course such and such being done to this country, what’s wilderness areas. time; get it to me before I start the being done to our ability to be energy I want to mention one other thing. I 10th tee. He could jump out of the cart independent and to force us to be more know our President has said he has and sign that Jones Act suspension and dependent on countries that don’t like been doing everything from day one. not even be interrupted from a round of us, that help our enemies. There’s trag- He has been in control. He has been in golf. It could easily have been done all edies in line behind those, most tragic charge, and we are doing absolutely ev- these days ago. the loss of life and the injuries and the erything we can. But then we find out Just like Hurricane Katrina hit on hurt, but what they have done to our many weeks after this explosion that August 29, and just think about this. future is also really devastating. And actually the Netherlands and other As incompetent as this administration we have got to take a step forward. countries have offered their ships, their has repeatedly said the Bush adminis- And our friend from the Navy, PETE expertise to come help us. The Nether- tration was, just think about if an in- OLSON, made it clear, when you’re the lands, probably the best nation in the competent administration as totally leader, you’ve got to lead; it’s not world for building dikes and building worthless and incompetent as the Bush something you can vote ‘‘present’’ on. sand barriers and things, they volun- administration was, could get the You’ve got to take charge. People are teered to come over here. The problem Jones Act suspended within 3 days looking at you, and I know when I was is that would violate a union-pushed after Hurricane Katrina hitting, just in the Army, it certainly made an im- law back in the 1920s. I believe it was think what these guys could have done. pression on me when a superior com- in the 1920s when it came. It says, if it Since they are so much more com- missioned officer got in my face and is not an American ship, it can’t oper- petent and qualified, think how much said, Captain, no decision is a decision, ate and do the things that the Dutch quicker they could have done it since it and that’s exactly right. No decision were willing to do for us. took the Bush administration nearly 3 for day after day after day after day I am sure the President is just a vic- days. was a decision not to move forward, tim of whoever put that information in Mr. CARTER. JOHN MICA from Flor- not to embarrass British Petroleum be- his teleprompter, but the fact is that ida was with us earlier tonight, and he cause they were being so helpful on the everything has not been done. We had a gave us an interesting revelation. global warming bills, not to embarrass hearing where we had Coast Guard peo- There is an American flagship firm British Petroleum because we’ve got ple, and the people from Louisiana with cleanup capabilities that has in- people in this administration that have made clear, they have been trying formed our government they stand came straight from BP and helped the to do things since it started and they ready and willing, if they are asked, to Clinton administration, made billions keep being hampered by this adminis- start helping clean up. of dollars for the oil companies at the tration giving BP the responsibility to cost of the Federal Treasury back dur- make all decisions. That didn’t make a b 2030 ing the Clinton administration. All lot of sense until you read this article The Jones Act has nothing to do with that coziness that President Obama and find out just how cozy that rela- this. These are American-flagged ships, talked about, we’re seeing it here, and tionship has been between BP and the and they are still waiting for a re- it’s understandable. He wouldn’t want majority leaders in the Senate and in sponse from the White House, and you to be too harsh until the country didn’t the Congress and at the White House. don’t have to waive any Jones Act. All give him any choice on such a close But since I know the President be- you’ve got to do is say, come on, boys, ally on these global warming bills like lieved, I am sure he wouldn’t have said get in there and start cleaning up. My BP. it, believed he is doing everything—ac- Lord, if they know how and they’ve got I appreciate so much my friend’s as- tually, Presidents can suspend the the equipment, why don’t we have any- sistance, but I did want to kind of Jones Act on their own. I know it was body on the face of this globe that’s change gears here and talk a little bit mentioned by my friend from the Hous- willing to do it out there in the Gulf for a few minutes about something ton area, but just to bring the fact cleaning that water up? very close to my heart, and I know, my home and give some specific informa- So it really is almost comical. With friend’s heart. He mentioned the words tion, Hurricane Katrina hit the coast all the criticism of the Bush adminis- ‘‘my Lord’’ and I know he and I believe of mainly Louisiana on August 29, 2005. tration over Katrina and Rita and in the same Lord, but the book that Two days later, on September 1 of 2005, some of the hurricanes, natural disas- we’re pointed to discusses Israel, our President Bush suspended the Jones ters that occurred, this man-made dis- friend and our ally Israel, and it con- Act so foreign ships could come in and aster has had this administration’s tinues to grieve me much to see the assist in the hurricane cleanup. As I hands hog-tied for 2 months, and it’s a way this administration continues to understand it, I heard that they were a hog tying of their own doing. snub Israel. very good help. They came in imme- Mr. GOHMERT. Well, it makes most This episode with the flotilla that diately, and so we have a track record of us just furious that BP appears to was obviously an effort to force Israel’s of foreign countries that can come in have gotten in such a hurry that with hand because they knew, Israel had and help us. President Bush continued all the talk and all the help that Sen- made clear, we’re going to have to de- the suspension until September 19, ator KERRY and the global warming bill fend ourselves, and that means check- 2005. So 19 days was enough to allow and this administration on global ing any shipment to see if you’re bring- those ships to come in and the foreign warming and all the bills they were ing in anything that can be used to equipment to come in and help us clean trying to get done, it makes it so out- blow up more Israelis, into the Gaza up the disaster areas there on the coast rageous when it appears they got in a Strip. They made it very clear. That in 2005. hurry, they got sloppy, lots of safety was very predictable, because when you Now, the process requires signoff problems. And this thing happens be- study the course of human history and from Customs and Border Protection, cause it devastates not just—the worst government’s history, you know that from Department of Energy, and the tragedy is the loss of life, and then when the strongest ally of a small Maritime Administration, but that can there are at least 17 others that were country shows the world that there is

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.154 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4594 CONGRESSIONAL RECORD — HOUSE June 16, 2010 space between us and our smaller ally, have to pay if you hurt my little broth- Some have referred to Israel as the it is going to induce, many times, their er. That’s the kind of friend we need to miner’s canary for the world, that enemies to make a move. This was en- be to Israel so that Iran knows and when they’re under assault, that the tirely predictable. You didn’t see a flo- Ahmadinejad knows, and it sounds like world is going to be next. That may be tilla move toward Israel during the he honestly does believe that he could true, but we have got to take it seri- Bush administration. They knew there use nuclear weapons to hasten the end, ously, and we have got to support our was no space between Israel and this to hasten the return of the mighty to friend Israel, and I yield to my friend country under President Bush. They rule and apparently even believes Jesus for comment. see a lot of space, and it is dangerous, would come and help fight to put the Mr. CARTER. And the first thing I and I would just, Mr. Speaker, hope mighty in charge of the whole caliph- should say is, Amen to everything and pray and plead that this would ate. But he needs to find out that if he you’ve had to say, and I want to thank stop. hurts our friend, that not only is there you for saying it. I have a letter that we’re circulating not going to be a caliphate, there will You know, it’s become a strange getting signatures on asking the not be an Iran. world when our closest ally in the Mid- Speaker and Majority Leader REID to We need to make this clear: You dle East, Israel, sends its Prime Min- please invite Prime Minister don’t go start anything with Israel. ister over here and he’s taken in Netanyahu to come stand right there But in the meantime, while Israel’s through the back door, the service en- at that podium and speak to a Joint leaders are being snubbed by an admin- trance, to the White House. He’s told Session of Congress so that Iran and all istration here, the centrifuges are just no photo ops, and he is basically slight- of Israel’s enemies will see both sides spinning, and the IAEA says they have ed by the person we have elected to be of the aisle standing and applauding enough nuclear material for two nukes. the leader of the free world. the Prime Minister, the leader of our You read Ahmadinejad’s quotes, he And then fast forward to just a cou- close ally Israel; so they will know makes it very clear: It’s not just Israel. ple of weeks ago, when the leader of there may be games being played some Israel apparently in his mind is the lit- the Palestinian movement comes in places around here in Washington, but tle Satan, and we’re the big Satan. here, and we see photo ops, living room And some of his quotes, he said here when push comes to shove, we’re going meetings, and a big chunk of money at the conference in Tehran, called to defend our friend, our ally in Israel. headed to the Palestinians promised by ‘‘The World without Zionism,’’ We have shared belief systems in the the President of the United States. value of human life. Both Israel and Ahmadinejad stated, quote, God will- b 2045 the United States believe women, for ing, with the force of God behind it, we example, are not property, that they’re will soon experience a world without It’s embarrassing how much of a not someone to have honor killings of the United States and without Zion- change of policy we have towards our ism. if you think they’ve embarrassed your only—or at least our longest surviving Well, as the New York Times, they family. They’re a country that does ally in the Middle East. I was in New also quoted him as saying, This occu- York the day before yesterday, and one not believe that because you practice pying regime Israel is to be wiped off some other religion, it’s okay to kill of the people I met with said, Have you the map. ever thought about the fact that if you. It is a country that believes, as It is one thing when some little pee Israel didn’t exist, how many Ameri- Voltaire and Cicero said, apparently, wee punk with no weaponry says I’m cans would have to be stationed some- that I may disagree with what you say, going to kick your rear-end or somewhere in the Middle East to try to keep but I will defend to the death your thing like that. It’s another when a Na- that cauldron from exploding all over right to say it. tion has enough enriched uranium to the entire world? Remember what the Now I know we’re moving away from make two nuclear weapons, says I’m Prime Minister of England told us that, and there are maybe some people going to wipe you off the face of the right here before this House, the reason in this country, not maybe, there are earth, you will no longer exist when you have to respond is because it’s people in this country that say basi- we’re done, and he continues to make your turn, you’re the only real super- cally, you disagree with me, I’m not material for a nuclear weapon to do only not going to defend your right to that. power left in the world. say it, I’m going to get your job taken I really thought that this Nation That responsibility we’re taking and away from you; I want to take all your would be a bit like the Roman empire, we know about it, but when we have assets; I want to kill any chance you not that we’re an empire; we are not those who have stood by our side and will ever have of making a living; I imperial. That’s why they still speak worked with us to try to make things want to embarrass your family. That’s French in France and German in Ger- go—like Israel, like great Britain—why some of the stuff we’ve had, but that’s many and Japanese in Japan, because would a change of administration be so a minority in this country. we’re not imperialists. We fight for lib- insulting to an ally like Israel? I was Israel has the same belief system in erty wherever it needs to be fought for. struck dumb by the whole thing; I the value of human life that we do, and But this is a Nation that all of the sud- think you were too. And I think you’ve we should embrace that relationship den after 9/11, we realized we may not done an excellent job of describing the and make sure that the world knows take decades and decades and decades possible consequences of the position that that relationship is intact and to meet our end because we know every we seem to be taking in this adminis- that, if necessary to defend itself—I Nation eventually ends, and I would tration against Israel. I think all have this resolution, and we’re circu- not stay in Congress if I didn’t believe Americans of whatever heritage should lating that. We’re getting lots of signa- we could turn things around and this be seriously concerned about what’s tures on that from Members of Con- country could go for a couple hundred going on. gress. I’m hoping more and more Mem- more years. I thank you for allowing me to par- bers of Congress will be signing on so But the problem is, after 9/11, we saw ticipate in this evening, and I yield that we can get this bill to the floor we’re very vulnerable, and if he gets a back my time to you, Mr. GOHMERT. and the Speaker will feel pressured by nuclear weapon—and this is common Mr. GOHMERT. I appreciate my people’s reactions, pushing on their knowledge, otherwise I wouldn’t be out friend, Judge CARTER, and I appreciate Representatives and their Senators to there saying it—but he takes a nuclear your insights in this discussion. get them to come on board and sign, so weapon on a boat into New York Har- I would like to finish tonight by we can let the world know, these are bor, Houston, New Orleans, and it reading a couple of things of historical our friends, and we’re not going to for- takes out a tremendous amount of our nature because I know our President sake them. energy capabilities; Chicago and New has said we’re not a Christian Nation. I And like a big strong brother would York, big financial hubs; LA, Wash- understand that; I’m not going to de- tell the enemy of his little brother, if ington, wouldn’t take but a handful of bate that. But I know our history, I you’re going to attack my little broth- nukes and we’re in big trouble. We may know where we came from, and I know er, you’re going to have to go through not be able to respond. We’ve got to that people in the United States are me because I’m going to make sure you take this stuff seriously. really victims of who it was that

VerDate Mar 15 2010 05:13 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.156 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE June 16, 2010 CONGRESSIONAL RECORD — HOUSE H4595 taught them and, therefore, only know SPECIAL ORDERS GRANTED Flood Elevation Determinations [Docket ID: FEMA-2010-0003] received June 3, 2010, pursu- so much as what they’re taught. By unanimous consent, permission to So I’d like to read this proclamation ant to 5 U.S.C. 801(a)(1)(A); to the Committee address the House, following the legis- on Financial Services. from George Washington, October 3, lative program and any special orders 7915. A letter from the Chief Counsel, De- 1789. This was during his first year as heretofore entered, was granted to: partment of Homeland Security, transmit- President of the new United States. He (The following Members (at the re- ting the Department’s final rule — Changes said—and these are Washington’s quest of Ms. WOOLSEY) to revise and ex- in Flood Elevation Determinations [Docket words, his proclamation, ‘‘Whereas it is tend their remarks and include extra- ID: FEMA-2010-0003; Internal Agency Docket the duty of all nations to acknowledge No. FEMA-B-1096] received June 3, 2010, pur- neous material:) suant to 5 U.S.C. 801(a)(1)(A); to the Com- the providence of Almighty God, to Ms. WOOLSEY, for 5 minutes, today. obey His will, to be grateful for His mittee on Financial Services. Ms. KAPTUR, for 5 minutes, today. 7916. A letter from the Chief Counsel, De- benefits, and humbly to implore His Mr. DEFAZIO, for 5 minutes, today. partment of Homeland Security, transmit- protection and favor.’’ ‘‘And also that Mr. KLEIN of Florida, for 5 minutes, ting the Department’s final rule — Suspen- we may then unite in most humbly of- today. sion of Community Eligibility [Docket ID: fering our prayers and supplications to (The following Members (at the re- FEMA-2010-0003; Internal Agency Docket No. FEMA-8129] received June 3, 2010, pursuant the great Lord and Ruler of nations quest of Mr. POE of Texas) to revise and to 5 U.S.C. 801(a)(1)(A); to the Committee on and beseech Him to pardon our na- extend their remarks and include ex- tional and other transgressions, to en- Financial Services. traneous material:) 7917. A letter from the Secretary, Depart- able us all to render our national gov- Mr. POE of Texas, for 5 minutes, June ment of Health and Human Services, trans- ernment a blessing to all the people, to 23. mitting the thirtieth annual report on the promote the knowledge and practice of Mr. JONES, for 5 minutes, June 23. implementation of the Age Discrimination true religion and virtue.’’ Mr. WOLF, for 5 minutes, today and Act of 1975 by departments and agencies In fact, he mentioned in 1790, in his June 17. which administer programs of Federal financial assistance, pursuant to 42 U.S.C. letter to the Hebrew congregation in Mr. SMITH of New Jersey, for 5 min- Newport, Rhode Island, that, ‘‘may the 6106a(b); to the Committee on Education and utes, today. Labor. children of the stock of Abraham who Ms. ROS-LEHTINEN, for 5 minutes, 7918. A letter from the Office Manager, De- dwell in this land continue to merit today. partment of Health and Human Services, and enjoy the good will of the other in- Mr. MORAN of Kansas, for 5 minutes, transmitting the Department’s ‘‘Major’’ habitants; while everyone shall sit in June 21, 22, and 23. final rule — Medicaid Program; Final FY 2008, Revised Preliminary FY 2009, and Pre- safety under his own vine and fig tree Mr. DANIEL E. LUNGREN of California, liminary FY 2010 Disproportionate Share and there shall be none to make him for 5 minutes, today. afraid. May the Father of all mercies Hospital Allotments and Final FY 2008, Re- scatter light, not darkness, upon our f vised Preliminary FY 2009, and Preliminary FY 2010 Disproportionate Share Hospital In- paths and make us all in our civil voca- ENROLLED BILL SIGNED stitutions for Mental Disease Limits [CMS- tions useful here and in His own due Lorraine C. Miller, Clerk of the 2300-N] (RIN: 0938-AP66) received June 10, time and way everlastingly happy.’’ House, reported and found truly an en- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the This is a book that was put together rolled bill of the House of the following Committee on Energy and Commerce. by William Federer, ‘‘Prayers and 7919. A letter from the General Counsel, title, which was thereupon signed by Federal Energy Regulatory Commission, Presidents: Inspiring Faith From Lead- the Speaker: ers of the Past.’’ So these are direct transmitting the Commission’s final rule — quotes. I will just finish with a couple H.R. 3951. An act to designate the facility Standards for Business Practices and Com- of the United States Postal Service located munication Protocols for Public Utilities things from Lincoln. at 2000 Louisiana Avenue in New Orleans, [Docket No.: RM05-5-017; Order No. 676-F] re- This is from August 12, 1861, the first Louisiana, as the ‘‘Roy Rondeno, Sr., Post ceived June 3, 2010, pursuant to 5 U.S.C. year that Abraham Lincoln was Presi- Office Building.’’ 801(a)(1)(A); to the Committee on Energy and dent. This is his own words: ‘‘Whereas, Commerce. f when our own beloved country, once, 7920. A letter from the Principal Deputy by the blessings of God, united, pros- ADJOURNMENT Assistant Secretary, Legislative Affairs, De- perous and happy, is now afflicted with partment of State, transmitting Transmittal Mr. GOHMERT. Mr. Speaker, I move No. DDTC 10-051, certification of a proposed faction and civil war, it is peculiarly that the House do now adjourn. technical assistance agreement to include fit for us to recognize the hand of God The motion was agreed to; accord- the export of technical data, and defense in this terrible visitation, and in sor- ingly (at 8 o’clock and 50 minutes services, pursuant to section 36(c) of the rowful remembrance of our own faults p.m.), the House adjourned until to- Arms Export Control Act; to the Committee and crimes as a nation and as individ- morrow, Thursday, June 17, 2010, at 10 on Foreign Affairs. uals, to humble ourselves before Him a.m. 7921. A letter from the Principal Deputy and to pray for His mercy, to pray that Assistant Secretary, Legislative Affairs, De- we may be spared further punishment, f partment of State, transmitting Transmittal No. DDTC 10-050, certification of a proposed though most justly deserved; that the EXECUTIVE COMMUNICATIONS, technical assistance agreement to include inestimable boon of civil and religious ETC. the export of technical data, and defense liberty may be restored.’’ Under clause 2 of rule XIV, executive services, pursuant to section 36(c) of the And this in closing, Abraham Lin- communications were taken from the Arms Export Control Act; to the Committee coln’s own words, his first inaugural, Speaker’s table and referred as follows: on Foreign Affairs. March 4, 1861: ‘‘Intelligence, patriot- 7922. A communication from the President 7912. A letter from the Secretary, Amer- ism, Christianity, and a firm reliance of the United States, transmitting a supple- ican Battle Monuments Commission, trans- mental consolidated report, consistent with on Him who has never yet forsaken mitting report of a violation of the the War Powers Resolution, to keep Congress this favored land, are still competent Antideficiency Act, as required by section informed about deployments of U.S. Armed to adjust in the best way all our 1341(a) of Title 31, United States Code in the Forces equipped for combat, pursuant to present difficulties.’’ Commission’s Salaries and Expenses account Public Law 93–148; (H. Doc. No. 111–122); to It was true then, it’s true now. and Trust Fund Account; to the Committee the Committee on Foreign Affairs and or- I yield back. on Appropriations. dered to be printed. 7913. A letter from the Chief Counsel, De- 7923. A letter from the Administrator, partment of Homeland Security, transmit- Agency for International Development, f ting the Department’s final rule — Final transmitting the Agency’s semiannual re- Flood Elevation Determinations [Docket ID: port from the office of the Inspector General LEAVE OF ABSENCE FEMA-2010-0003] received June 3, 2010, pursu- for the period ending March 31, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. app. (Insp. Gen. Act) section By unanimous consent, leave of ab- on Financial Services. 5(b); to the Committee on Oversight and sence was granted to: 7914. A letter from the Chief Counsel, De- Government Reform. Mr. DAVIS of Illinois (at the request partment of Homeland Security, transmit- 7924. A letter from the Assistant Secretary of Mr. HOYER) for today. ting the Department’s final rule — Final for Civil Rights, Department of Agriculture,

VerDate Mar 15 2010 05:47 Jun 17, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K16JN7.158 H16JNPT1 jbell on DSKDVH8Z91PROD with HOUSE H4596 CONGRESSIONAL RECORD — HOUSE June 16, 2010 transmitting the Department’s fiscal year efforts for FEMA-3300-EM in the District of the Committee on Transportation and Infra- 2009 annual report prepared in accordance Columbia, pursuant to 42 U.S.C. 5193; to the structure. with Section 203 of the Notification and Fed- Committee on Transportation and Infra- 7944. A letter from the Chief Counsel, De- eral Employee Antidiscrimination and Re- structure. partment of the Treasury, transmitting the taliation Act of 2002 (No FEAR Act), Public 7934. A letter from the Administrator, Department’s final rule — Securities Held in Law 107-174; to the Committee on Oversight FEMA, Department of Homeland Security, TreasuryDirect received June 3, 2010, pursu- and Government Reform. transmitting notification that funding under ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7925. A letter from the Assistant Attorney Title V, subsection 503(b)(3) of the Robert T. on Ways and Means. General, Department of Justice, transmit- Stafford Disaster Relief and Emergency As- 7945. A letter from the Chief, Publications ting the Semiannual Management Report to sistance Act, as amended, has exceeded $5 and Regulations, Internal Revenue Service, Congress for October 1, 2009 through March million for the cost of response and recovery transmitting the Service’s final rule — Di- 31, 2010, and the Inspector General’s Semi- efforts for FEMA-3299-EM in the State of versification Requirements for Certain De- annual Report for the same period, pursuant Colorado, pursuant to 42 U.S.C. 5193; to the fined Contribution Plans [TD 9484] (RIN: to 5 U.S.C. app. (Insp. Gen. Act), section 5(b); Committee on Transportation and Infra- 1545-BH04) received May 21, 2010, pursuant to to the Committee on Oversight and Govern- structure. 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. 7935. A letter from the Secretary, Depart- Ways and Means. 7926. A letter from the Director, Environ- ment of Transportation, transmitting the 7946. A letter from the Chairman, Defense mental Protection Agency, transmitting the regulatory status of each recommendation Nuclear Facilities Safety Board, transmit- Agency’s annual report for FY 2009 prepared made by the NTSB to the Secretary that is ting the Board’s Twentieth Annual Report to in accordance with Section 203 of the Notifi- on the Board’s ‘‘most wanted list’’, pursuant Congress on health and safety activities; cation and Federal Employee Antidiscrimi- to 49 U.S.C. 1135(d) Public Law 108-168, sec- jointly to the Committees on Armed Serv- nation and Retaliation Act of 2002 (No FEAR tion 6; to the Committee on Transportation ices and Energy and Commerce. Act), Public Law 107-174; to the Committee and Infrastructure. f on Oversight and Government Reform. 7936. A letter from the Program Analyst, 7927. A letter from the Director, Congres- Department of Transportation, transmitting REPORTS OF COMMITTEES ON sional Affairs, Federal Election Commission, the Department’s final rule — Amendment of PUBLIC BILLS AND RESOLUTIONS transmitting the Commission’s semiannual Area Navigation Route Q-15; California report from the office of the Inspector Gen- [Docket No.: FAA-2010-0028; Airspace Docket Under clause 2 of rule XIII, reports of eral for the period October 1, 2009 through No. 10-AWP-1] received June 3, 2010, pursuant committees were delivered to the Clerk March 31, 2010, pursuant to 5 U.S.C. app. to 5 U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper (Insp. Gen. Act), section 5(b); to the Com- Transportation and Infrastructure. calendar, as follows: 7937. A letter from the Program Analyst, mittee on Oversight and Government Re- Mr. PERLMUTTER: Committee on Rules. Department of Transportation, transmitting form. House Resolution 1448. Resolution providing 7928. A letter from the Director, Office of the Department’s final rule — Amendment of for further consideration of the bill (H.R. Personnel Management, transmitting the Of- Class E Airspace; Manila, AR [Docket No.: 5297) to create the Small Business Lending fice’s semiannual report from the office of FAA-2009-1184; Airspace Docket No. 09-ASW- Fund Program to direct the Secretary of the the Inspector General for the period October 39] received June 3, 2010, pursuant to 5 U.S.C. Treasury to make capital investments in eli- 1, 2010 through March 31, 2010, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- gible institutions in order to increase the U.S.C. app. (Insp. Gen. Act) section 5(b); to tation and Infrastructure. availability of credit for small businesses, the Committee on Oversight and Govern- 7938. A letter from the Program Analyst, and for other purposes (Rept. 111–508). Re- ment Reform. Department of Transportation, transmitting ferred to the House Calendar. 7929. A letter from the Chairman, Railroad the Department’s final rule — Amendment of Retirement Board, transmitting the semi- Class E Airspace; Mountain View, AR [Dock- f annual report on activities of the Office of et No.: FAA-2009-1181; Airspace Docket No. PUBLIC BILLS AND RESOLUTIONS Inspector General for the period October 1, 09-ASW-36] received June 3, 2010, pursuant to 2009 through March 31, 2010, pursuant to 5 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public U.S.C. app. (Insp. Gen. Act) section 5(d); to Transportation and Infrastructure. bills and resolutions of the following the Committee on Oversight and Govern- 7939. A letter from the Program Analyst, titles were introduced and severally re- ment Reform. Department of Transportation, transmitting ferred, as follows: 7930. A letter from the Acting Director, Of- the Department’s final rule — Amendment of fice of Sustainable Fisheries, NMFS, Na- Class E Airspace; Batesville, AR [Docket By Mr. CHAFFETZ: tional Oceanic and Atmospheric Administra- No.: FAA-2009-1177; Airspace Docket No. 09- H.R. 5535. A bill to establish a pilot pro- tion, transmitting the Administration’s final ASW-34] received June 3, 2010, pursuant to 5 gram for the expedited disposal of Federal rule — Fisheries of the Exclusive Economic U.S.C. 801(a)(1)(A); to the Committee on real property; to the Committee on Over- Zone Off Alaska; Pollock in Statistical Area Transportation and Infrastructure. sight and Government Reform. 610 in the Gulf of Alaska [Docket No.: 7940. A letter from the Program Analyst, By Mr. FLAKE: 0910131362-0087-02] (RIN: 0648-XV80) received Department of Transportation, transmitting H.R. 5536. A bill to amend the Internal Rev- June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); the Department’s final rule — Establishment enue Code of 1986 to allow individuals to des- to the Committee on Natural Resources. of Class E Airspace; Marianna, AR [Docket ignate that up to 10 percent of their income 7931. A letter from the Acting Assistant No.: FAA-2009-1167; Airspace Docket No. 09- tax liability be used to reduce the national Administrator for Fisheries, NMFS, National ASW-33] received June 3, 2010, pursuant to 5 debt, and to require spending reductions Oceanic and Atmospheric Administration, U.S.C. 801(a)(1)(A); to the Committee on equal to the amounts so designated; to the transmitting the Administration’s final rule Transportation and Infrastructure. Committee on Ways and Means, and in addi- — Antarctic Marine Living Resources; Use of 7941. A letter from the Program Analyst, tion to the Committee on the Budget, for a Centralized-Vessel Monitoring System and Department of Transportation, transmitting period to be subsequently determined by the Importation of Toothfish; Re-export and Ex- the Department’s final rule — Amendment of Speaker, in each case for consideration of port of Toothfish; Applications for Krill Class E Airspace; Beatrice, NE [Docket No.: such provisions as fall within the jurisdic- Fishing; Regulatory Framework for Annual FAA-2009-0697; Airspace Docket No. 09-ACE- tion of the committee concerned. Conservation Measures [Docket No.: 10] received June 3, 2010, pursuant to 5 U.S.C. By Mr. WU: 0907141130-0112-02] (RIN: 0648-AX80) received 801(a)(1)(A); to the Committee on Transpor- H.R. 5537. A bill to amend the Internal Rev- June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); tation and Infrastructure. enue Code of 1986 to clarify the treatment of to the Committee on Natural Resources. 7942. A letter from the Program Analyst, emergency service volunteers as independent 7932. A letter from the Section Chief, Department of Transportation, transmitting contractors; to the Committee on Ways and NNCP, RMD, FBI, Department of Justice, the Department’s final rule — Amendment Means. transmitting the Department’s final rule — and Establishment of Restricted Areas and By Mr. LAMBORN (for himself, Mr. FBI Records Management Division National Other Special Use Airspace, Avon Park Air AKIN, Mrs. BACHMANN, Mr. BARTLETT, Name Check Program Section User Fees Force Range; FL [Docket No.: FAA-2008-1261; Mrs. BLACKBURN, Mr. BROUN of Geor- [Docket No: FBI 118] (RIN: 1110-AA29) re- Airspace Docket No. 09-ASO-18] received gia, Mr. CONAWAY, Mr. FLEMING, Mr. ceived June 3, 2010, pursuant to 5 U.S.C. June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); GOHMERT, Mr. JORDAN of Ohio, Mr. 801(a)(1)(A); to the Committee on the Judici- to the Committee on Transportation and In- MANZULLO, Mr. NEUGEBAUER, and Mr. ary. frastructure. LINDER): 7933. A letter from the Administrator, 7943. A letter from the Program Analyst, H.R. 5538. A bill to amend the Communica- FEMA, Department of Homeland Security, Department of Transportation, transmitting tions Act of 1934 to prohibit Federal funding transmitting notification that funding under the Department’s final rule — Amendment of for the Corporation for Public Broadcasting Title V, subsection 503(b)(3) of the Robert T. Restricted Area R-2502A; Fort Irwin, CA after fiscal year 2012; to the Committee on Stafford Disaster Relief and Emergency As- [Docket No.: FAA-2010-0471; Airspace Docket Energy and Commerce. sistance Act, as amended, has exceeded $5 No. 10-AWP-7] (RIN: 2120-AA66) received June By Mr. CHAFFETZ (for himself, Mr. million for the cost of response and recovery 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to CONYERS, Mr. SMITH of Texas, Mr.

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ISSA, Mr. BACHUS, Mr. HENSARLING, By Mr. MCNERNEY: H.R. 4402: Mr. LUJAN. Mr. ROYCE, Mr. GOODLATTE, Mrs. H. Res. 1446. A resolution recognizing the H.R. 4514: Mr. CONNOLLY of Virginia, Ms. BIGGERT, Mr. ROONEY, and Mrs. residents of the City of Tracy, California, on WATSON, Ms. EDDIE BERNICE JOHNSON of LUMMIS): the occasion of the 100th anniversary of the Texas, Ms. EDWARDS of Maryland, Mr. H.R. 5539. A bill to apply the Freedom of city’s incorporation, for their century of ELLISON, Mr. BISHOP of Georgia, Mr. SCOTT of Information Act to the Federal National dedicated service to the United States; to Virginia, Mr. THOMPSON of Mississippi, Mr. Mortgage Association and the Federal Home the Committee on Veterans’ Affairs. LEWIS of Georgia, Ms. MOORE of Wisconsin, Loan Mortgage Corporation during any pe- By Mr. PENCE: Mr. WATT, Mr. SCOTT of Georgia, Mr. RUSH, riod that such entities are in conservator- H. Res. 1447. A resolution electing certain Mr. HASTINGS of Florida, Mr. CLYBURN, Mr. ship or receivership; to the Committee on Fi- minority members to certain standing com- CLEAVER, Ms. RICHARDSON, and Ms. CLARKE. nancial Services. mittees; considered and agreed to. consid- H.R. 4524: Mr. MILLER of North Carolina. By Mrs. BLACKBURN: ered and agreed to. H.R. 4534: Mr. MOORE of Kansas. H.R. 5540. A bill to make 2 percent across- By Mrs. MYRICK (for herself and Mrs. H.R. 4599: Mr. HIGGINS. the-board rescissions in non-defense, non- CAPPS): H.R. 4645: Mr. TAYLOR and Mrs. MALONEY. homeland-security, and non-veterans-affairs H. Res. 1449. A resolution supporting the H.R. 4662: Mr. MILLER of North Carolina. discretionary spending for each of the fiscal observance of Thyroid Cancer Awareness H.R. 4684: Mr. LOEBSACK, Mr. WALDEN, Mr. years 2010 and 2011; to the Committee on Ap- Month and recognizing and applauding the SCHAUER, Ms. ZOE LOFGREN of California, Mr. propriations. work of national and community thyroid HUNTER, Mr. ROONEY, Mr. PITTS, Mrs. BONO By Mrs. BLACKBURN: cancer organizations; to the Committee on MACK, and Mr. CARNAHAN. H.R. 5541. A bill to make 1 percent across- Energy and Commerce. H.R. 4693: Mr. SNYDER. the-board rescissions in non-defense, non- H.R. 4737: Mr. HIMES. homeland-security, and non-veterans-affairs f H.R. 4890: Mr. ENGEL. discretionary spending for each of the fiscal ADDITIONAL SPONSORS H.R. 4914: Mr. GARAMENDI, Mr. DEFAZIO, years 2010 and 2011; to the Committee on Ap- and Mr. HALL of New York. propriations. Under clause 7 of rule XII, sponsors H.R. 4925: Mr. HONDA. By Mrs. BLACKBURN: were added to public bills and resolu- H.R. 4962: Mr. BISHOP of New York. H.R. 5542. A bill to make 5 percent across- tions as follows: H.R. 4999: Mr. COFFMAN of Colorado, Mr. the-board rescissions in non-defense, non- FLAKE, Mr. BILIRAKIS, Mr. CRENSHAW, Mr. H.R. 25: Mr. GRAVES of Georgia. homeland-security, and non-veterans-affairs MCCARTHY of California, Mr. DENT, Mr. H.R. 43: Ms. RICHARDSON and Mr. ALEX- discretionary spending for each of the fiscal CULBERSON, Mr. REHBERG, Mr. ALEXANDER, ANDER. years 2010 and 2011; to the Committee on Ap- Mr. GRIFFITH, Mr. BOUSTANY, Mr. FLEMING, H.R. 482: Mrs. DAHLKEMPER. propriations. Mr. PETRI, Mr. POE of Texas, Mr. BRADY of H.R. 571: Mr. MURPHY of Connecticut. By Mr. FILNER: Texas, Mr. MACK, Mrs. BONO MACK, Mr. SIMP- H.R. 613: Mr. ROSS. H.R. 5543. A bill to amend title 38, United SON, and Mr. DANIEL E. LUNGREN of Cali- States Code, to repeal the prohibition on col- H.R. 673: Ms. HERSETH SANDLIN, Mr. fornia. COSTELLO, and Mr. HOLDEN. lective bargaining with respect to matters H.R. 5044: Mr. DOGGETT. H.R. 678: Ms. MOORE of Wisconsin, Mr. and questions regarding compensation of em- H.R. 5113: Ms. BERKLEY. THOMPSON of Pennsylvania, and Mr. ployees of the Department of Veterans Af- H.R. 5115: Mr. KILDEE. RELINGHUYSEN fairs other than rates of basic pay, and for F . H.R. 5124: Mr. MORAN of Virginia. other purposes; to the Committee on Vet- H.R. 855: Mr. CAPUANO and Mr. CARSON of H.R. 5126: Mr. DUNCAN, Mr. GOHMERT, Mr. erans’ Affairs. Indiana. BOOZMAN, Mr. PUTNAM, Mr. BOSWELL, Mr. By Ms. NORTON: H.R. 949: Mr. MCNERNEY and Mr. MATHE- GRAYSON, and Mr. REHBERG. H.R. 5544. A bill to promote the develop- SON. H.R. 5141: Mr. WESTMORELAND and Mr. LEE ment of the Southwest waterfront in the Dis- H.R. 950: Mr. MICHAUD. of New York. trict of Columbia; to the Committee on Over- H.R. 1021: Mr. HELLER. H.R. 5143: Mr. DEFAZIO. sight and Government Reform. H.R. 1023: Mr. HERGER. H.R. 5162: Mr. PUTNAM, Mr. BOSWELL, Mr. By Ms. NORTON: H.R. 1032: Mr. WITTMAN and Mr. MELANCON. GRAYSON, and Mr. REHBERG. H.R. 5545. A bill to deauthorize a portion of H.R. 1079: Mr. OLVER. H.R. 5174: Mr. DOYLE and Mr. HIGGINS. the project for navigation, Potomac River, H.R. 1392: Mr. WALDEN. H.R. 5208: Mr. KING of Iowa. Washington Channel, District of Columbia, H.R. 1428: Mr. ARCURI. H.R. 5210: Ms. NORTON. under the jurisdiction of the Corps of Engi- H.R. 1657: Mr. DEFAZIO. H.R. 5214: Mr. ENGEL and Ms. TSONGAS. neers; to the Committee on Transportation H.R. 1691: Mr. HEINRICH. H.R. 5234: Mr. COURTNEY. and Infrastructure. H.R. 1708: Ms. CHU. H.R. 5244: Mr. HARE. By Mr. ROSKAM: H.R. 1751: Ms. EDWARDS of Maryland and H.R. 5268: Mr. MCGOVERN and Mr. GUTIER- H.R. 5546. A bill to provide for the estab- Mr. SABLAN. REZ. lishment of a fraud, waste, and abuse detec- H.R. 1925: Mr. GARAMENDI, Mr. CROWLEY, H.R. 5307: Mr. TANNER and Mr. VAN tion and mitigation program for the Medi- and Mr. BISHOP of New York. HOLLEN. care Program under title XVIII of the Social H.R. 2024: Mr. LEE of New York. H.R. 5337: Mr. DEUTCH. Security Act; to the Committee on Energy H.R. 2049: Mr. PITTS. H.R. 5377: Mr. MARCHANT, Mr. MCCLINTOCK, and Commerce, and in addition to the Com- H.R. 2104: Ms. MATSUI. Mrs. BACHMANN, Mr. HALL of Texas, and Mr. mittee on Ways and Means, for a period to be H.R. 2112: Mr. CARSON of Indiana and Mr. KINGSTON. subsequently determined by the Speaker, in YARMUTH. H.R. 5404: Mr. SABLAN. each case for consideration of such provi- H.R. 2138: Mr. PALLONE. H.R. 5423: Mr. GORDON of Tennessee. sions as fall within the jurisdiction of the H.R. 2149: Mr. FILNER. H.R. 5425: Mr. GOODLATTE. committee concerned. H.R. 2349: Mrs. DAHLKEMPER. H.R. 5428: Mr. MCINTYRE. By Mr. ROYCE: H.R. 2381: Mr. TONKO. H.R. 5429: Mr. GARAMENDI and Mr. STARK. H.R. 5547. A bill to terminate the authori- H.R. 2408: Mr. SIRES. H.R. 5434: Mr. FILNER, Ms. LEE of Cali- ties of the Trade and Development Agency; H.R. 2480: Mr. TIM MURPHY of Pennsyl- fornia, Mr. HINCHEY, Mr. GALLEGLY, and Mr. to the Committee on Foreign Affairs. vania. HOLT. By Ms. HARMAN (for herself and Mr. H.R. 2575: Mr. MURPHY of Connecticut. H.R. 5475: Mr. REHBERG. KING of New York): H.R. 2866: Mr. CAPUANO. H.R. 5477: Mr. BRALEY of Iowa. H.R. 5548. A bill to amend the Homeland H.R. 2906: Mr. MAFFEI and Mr. TIM MURPHY H.R. 5479: Mr. SABLAN. Security Act of 2002 and other laws to en- of Pennsylvania. H.R. 5501: Mr. GINGREY of Georgia, Mr. hance the security and resiliency of the H.R. 2941: Mr. CHANDLER. GRAVES of Georgia, Mr. CANTOR, and Mr. cyber and communications infrastructure of H.R. 3025: Mr. BISHOP of New York and Mr. WOLF. the United States; to the Committee on HOLDEN. H.R. 5503: Mr. GUTIERREZ. Oversight and Government Reform, and in H.R. 3174: Ms. FOXX. H.R. 5506: Mr. GRIJALVA and Mr. HOLT. addition to the Committees on Homeland Se- H.R. 3564: Mr. FRANK of Massachusetts. H.R. 5520: Mr. MICHAUD, Mrs. CAPPS, and curity, and Science and Technology, for a pe- H.R. 3683: Mr. DJOU. Mr. KUCINICH. riod to be subsequently determined by the H.R. 3721: Mr. HINCHEY. H.R. 5523: Mr. LEWIS of California, Mr. AL- Speaker, in each case for consideration of H.R. 3734: Mrs. CAPPS. EXANDER, Mr. DUNCAN, Mr. BOOZMAN, Mr. such provisions as fall within the jurisdic- H.R. 3813: Mr. HOLDEN and Mr. CRITZ. SHUSTER, and Mr. SHADEGG. tion of the committee concerned. H.R. 3974: Mrs. MALONEY and Mr. H.R. 5525: Mr. HENSARLING, Mr. HALL of By Mr. TERRY: CARNAHAN. Texas, Mr. PITTS, Mrs. BACHMANN, Mr. DAN- H.J. Res. 89. A joint resolution proposing a H.R. 4269: Mrs. MALONEY and Mr. CONNOLLY IEL E. LUNGREN of California, Mr. BURTON of balanced budget amendment to the Constitu- of Virginia. Indiana, Mr. MARCHANT, Mr. SHIMKUS, Mr. tion of the United States; to the Committee H.R. 4278: Mr. BOOZMAN. MCCLINTOCK, Mr. BISHOP of Utah, Ms. on the Judiciary. H.R. 4371: Mr. SCHRADER. FALLIN, and Mrs. BLACKBURN.

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H. Con. Res. 16: Mr. PETRI. H. Con. Res. 288: Mr. BERRY. H. Res. 1355: Mr. DOGGETT. H. Con. Res. 226: Ms. NORTON, Mr. H. Res. 308: Mr. MORAN of Virginia and Ms. H. Res. 1379: Ms. BORDALLO. RODRIGUEZ, and Mr. BLUNT. NORTON. H. Res. 1384: Mr. MARCHANT. H. Con. Res. 284: Mr. BURGESS, Mr. H. Res. 762: Mr. NADLER of New York. H. Res. 1398: Ms. NORTON. COURTNEY, Mr. GALLEGLY, Ms. MOORE of Wis- H. Res. 771: Mr. DONNELLY of Indiana and H. Res. 1401: Mr. SCHAUER, Mr. ENGEL, Mrs. consin, Mr. CLAY, Mr. BISHOP of Utah, Mrs. Ms. KILROY. MALONEY, Ms. LEE of California, and Mr. BLACKBURN, Mr. BURTON of Indiana, Mr. H. Res. 803: Mr. ELLSWORTH. GEORGE MILLER of California. CHAFFETZ, Ms. FALLIN, Mr. HALL of Texas, H. Res. 1110: Mr. HUNTER. H. Res. 1402: Ms. SLAUGHTER. Mr. KINGSTON, Mr. DANIEL E. LUNGREN of H. Res. 1207: Mr. CARNEY. California, Mr. MCCLINTOCK, Mr. MARCHANT, H. Res. 1219: Mr. ROYCE and Mrs. BONO H. Res. 1426: Mr. STARK. Mr. PITTS, Mr. POSEY, Mrs. SCHMIDT, and Mr. MACK. H. Res. 1431: Ms. CHU, Mr. LATHAM, Mr. SHIMKUS. H. Res. 1226: Mr. WALDEN, Mr. ROGERS of MCKEON, Mr. CLAY, and Mr. ISSA. H. Con. Res. 286: Mr. BOSWELL, Mr. SMITH Michigan, and Mrs. BLACKBURN. H. Res. 1433: Ms. SPEIER, Mr. FRANK of Mas- of Nebraska, Mr. TURNER, and Ms. HARMAN. H. Res. 1264: Mr. ROTHMAN of New Jersey. sachusetts, and Ms. MOORE of Wisconsin. H. Con. Res. 287: Mr. NEUGEBAUER, Mr. H. Res. 1326: Ms. LORETTA SANCHEZ of Cali- H. Res. 1439: Mr. KIND, Mr. MORAN of Vir- BROUN of Georgia, Mr. HARPER, Mr. SES- fornia. ginia, Ms. PINGREE of Maine, and Mr. SIONS, and Mr. PENCE. H. Res. 1350: Mr. FORTENBERRY. CAPUANO.

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