Shelley Capito

Mrs. CAPITO

Mrs. CAPITO. Thank you, Mr. Chairman, and ranking member and the conference committee, for what I think is a victory today. I think this reauthorization bill is one of the most important responsibilities we have. It's a jobs bill. It will bring efficiencies to our funding stream for very important projects, and it will remove a lot of uncertainty. As a member of this committee, I'm really, really pleased that we were able to come to a compromise. The efficiencies and the streamlining, when the chairman brought the committee to Yeager Airport, that was one of the resounding complaints about current funding in the transportation sector is it takes too long, it's too expensive, and time is money. And we can do a lot better job with more efficiencies and make our dollars go farther. And with hard deadlines and some exemptions, I think that this bill will do that. There are a couple of provisions in here that I regret were not included, and most specifically, the provision on the coal ash provision. I mean, we're looking at a time where we have scant resources. We have to make smart decisions about how to weave the balance between our environment and our economy; and the coal ash provision would have provided, I think, the certainty to the construction industry and to those surrounding, also, the coal industry that smart use and responsible use of coal ash would be in our future. Unfortunately--and I believe it occurred in the Senate that that provision was not included in our bill, and I'm deeply disappointed by that. But we will, as an energy State and as energy representatives, we'll live to fight another day. Additionally, I would like to say, as a member of the Financial Services Committee as well, the reason that the flood bill is on this bill is extremely important, again, to lend the certainty to lenders, Realtors, homebuilders, and really, the consumer that we can get that housing market moving again; and the certainty provided by the reauthorization of the flood bill in here will provide us with that. But I simply want to say that I think that in a bicameral, bipartisan way we moved together to show folks in West Virginia and across this Nation that we can work together to create the jobs that we need in the sectors that we need, and I look forward to supporting the bill.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the accomplishment of a constituent of mine, Mrs. Linda Scritchfield, and to praise her 25 years of service as Site Manager for the Ravenswood Senior Center. Linda, whose first day as Site Manager was January 1, 1987, will work her final day on June 29, 2012. When Linda took over the Senior Center, it was located in an old locks building on the banks of the Ohio River and offered few activities. Under Linda's guidance, the seniors started looking for land in order to build a new center. They held multiple fundraisers, and with the help of Jackson County Commission on Aging, grants, and the city of Ravenswood, the new center opened in November 1997. Linda was instrumental in raising funds for the services that the senior citizens of Ravenswood enjoy. The new center has a dining area, computer room, billiards room, library, pool area and offices. A therapeutic pool was opened a few years later. The center also provides services for veterans along with offering wigs for cancer patients, flu shot clinics, water aerobics, and open swim classes. Although Linda has helped the Senior Center make great strides over the years, Linda says her biggest accomplishments in life are the personal relationships she formed with the seniors. They have made such an impact on her life, and she hopes that she has been able to do the same for them. I thank Linda for her years of service and Ravenswood is fortunate to call Linda one of its own.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the accomplishments of Colonel Robert D. Peterson, an outstanding West Virginian who served in our nation's military. Col. Peterson is responsible for overseeing the 300 navigable miles of the Ohio River basin. Col. Peterson employs over 800 staff members to maintain 35 reservoirs, and nine locks and dams. I want to personally congratulate Col. Peterson for his continued success. Col. Robert D. Peterson is an outstanding soldier, friend, husband and father. He is a 1985 graduate from the prestigious academy of West Point, graduating with a Bachelors of Science and from the U.S. Army War College with a Masters Degree in Strategic Studies. Col. Peterson was awarded the Bronze Star, three Army Commendation Medals, two Army Achievement Medals, the Armed Forces Expeditionary Medal, Master Parachutist Badge, and the Bronze Order of the deFleury Medal. The awards of Col. Peterson are just a fraction of what he has truly accomplished. Col. Peterson has successfully managed 35 flood projects that prevented over $11.3 billion in damages while allowing over 30 million visitors to support these regions. In the Huntington District, he has made the most of 3,000 volunteers, doing over $2 million worth of service. He has also been responsible for 94 tons of commercial traffic with 35,000 lockages valuing at 18.6 billion dollars. He has issued 800 permits for mining, highway construction, flood emergency and more. Of these permits he was responsible for placing the Boy Scout Jamboree within our beautiful state of West Virginia. He has worked and encouraged the support for projects overseas within Afghanistan and Iraq. Col. Peterson's efforts have allowed these regions to thrive. Col. Peterson's work has greatly enhanced the state of West Virginia and the world around him. Congratulations to Col. Peterson on his numerous accomplishments.

Mrs. CAPITO

Mrs. CAPITO. I want to thank my colleague from West Virginia (Mr. McKinley) for his solid work on this issue. I want to say to my colleague from California, who said that this issue is going to hold the transportation conference bill hostage, it's absolutely not a fair statement. I'm on the transportation conference committee. We're working day and night, in a bicameral, bipartisan way, to reach a compromise on a jobs bill, and this coal ash provision is very important. Many Americans are unfamiliar with this, but 40 percent is used as raw material to build our highways and our bridges. I was just visiting the Sutton Dam in Braxton County in West Virginia. My colleague talks about the Hoover Dam. We celebrated its 50-year birthday of its construction. It's built with coal ash, and it's just as effective today as it was 50 years ago. It is an essential and safe material to be used in our infrastructure. According to the American Road and Transportation Builders Association, if we don't use coal ash in bridge and road construction, the cost would increase over $100 billion over 20 years. We simply can't afford this. Let's be smart about this. We can find the way, and we've known the way, as the Sutton Dam and the Hoover Dam have shown us. I think we can find a way to safely reduce the costs of construction in our roads and bridges by using coal ash. We have unemployment of over 8 percent for 30 consecutive months. We need a transportation bill. We need a smart transportation bill that's going to put America back to work and rebuild our infrastructure. Mr. McKinley's legislation, and this motion, takes the right approach by giving the States the authority to deal with this. I hope my fellow conferees will work to ensure that this important provision remains in the bill, that we pass the gentleman's motion to instruct. This will not be an obstruction to us passing the transportation bill, and I look forward to passing that bill on the floor in a bipartisan way.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the accomplishment of a hero from the Second Congressional District of West Virginia, Second Lieutenant Theodore Remington Woo; a highly honored West Virginian soldier who served in two wars for his country. He was the first soldier of Chinese descent to die in combat for the state of West Virginia. He was awarded the Bronze Star, Distinguished Service Cross Citation, Purple Heart, Combat Infantryman's badge, Korean Service Medal, United Nations Service Medal, National Defense Service Medal, Korean Presidential Unit Citation, and the Republic of Korea War Service Medal. Theodore Remington Woo's accomplishments of his life exceed his collection of medals. I am honored to have requested his name stand forever within the 20 64 53.27wb bridge on Interstate 64 in his home of Kanawha County, West Virginia. The bridge will be located only minutes away from where his high school once stood. Second Lieutenant Woo grew up in a patriotic family with several relatives being named after American presidents. He and his brother George, who went on to become a House Delegate, played along the Kanawha River and helped out in their family restaurant, The Canton. Second Lieutenant Woo was a student at West Virginia University before he enlisted in the Army. Woo then served with the 93rd Division of the Third Army in France, Germany, and Czechoslovakia where he received the Bronze Star for ``Meritorious Achievement in Ground Operations Against the Enemy in European Theater of Operations.'' After World War II, he reenrolled in West Virginia University, but was needed during his senior year to train at Fort Knox as an infantry leader until 1951. Second Lieutenant Woo then served in the Korean War as Platoon Leader in Company E, 2nd Battalion, 5th Calvary Regiment in the 1st Calvary Division. A story of heroism echoed through our nation when he and his men destroyed an enemy bunker while dodging overwhelming mortar and small arms fire. Out distancing his leading elements, he was forced to retreat the hill to regroup. Despite being wounded in the arm, he continued to lead and retake the hill. Upon capturing the hill, Second Lieutenant Woo was tragically killed during counter attack while evacuating the wounded. Woo's courage and devotion will be forever recognized and serve as a symbol of our commitment to peace. West Virginians are truly honored to count Second Lieutenant Woo, a real American hero, among us.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, I would like to thank the sponsor of the bill, my colleague from Florida, for her work and her courage in bringing this forward. I rise in support of H.R. 4970. Quickly, I'd like to tell a story about a situation in my hometown where a young boy was in the car with his mother. She was being beaten by her boyfriend, or her friend. She pulls the car over. He steps out of the car to try to flag somebody down to help his mother. He's 11 years old. He's hit and killed in the middle of a domestic violence situation. Tremendously tragic. We know that sexual and domestic violence can happen to anyone at any age, race, income group, religion, or gender. Worldwide, one in four women is abused. In 2001, in my own home State, 13,000 domestic violence offenses were reported to law enforcement; and half of these offenses were between family members and household members, like that young man on the interstate that night. To be safe in your community, women first need to be safe in their own homes. We have made great progress, I think, with the Violence Against Women Act that was enacted in 1994; but this current reauthorization builds on the successes of the last decade and will prevent more women and families from suffering. These women are our mothers, our daughters, our sisters, our friends, and our colleagues. VAWA is working to break the cycle of violence in this country. And by speaking and lending a hand to our neighbors, our friends, our family members, we can break the cycle and take a vocal stand against abuse. We've heard how this bill has been bipartisan in the past. It can be bipartisan right now. It can be bipartisan today. We can work out the difference. We can do the right thing. That's what we're here for, for that little boy on that interstate that night.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the 250th anniversary of the city of Romney. In 2012, the city will celebrate its 250th birthday with a year-long celebration. Romney is the oldest town in the oldest county in West Virginia. On December 23, 1762, Virginia's Governor signed the act that created Romney. When Virginia was divided during the Civil War, Romney was located in what became West Virginia. The city was located in an area that was important to both the North and the South during the Civil War and is rumored to have changed hands 56 times as a result. Romney is home to the West Virginia Schools for the Deaf and the Blind as well as Davis History House, Hampshire County Courthouse, the Taggert-Hill House, the Wilson-Woodrow-Mytinger House, and the oldest office building in the state. I'm pleased to have this unique city in my district!

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the accomplishments of Mary Skeens, as she is inducted into the West Virginia Affordable Housing Hall of Fame. Mary was raised in southeastern Kentucky, but has chosen West Virginia as her home to carry out her life's work in affordable housing. Mary is currently the Executive Director of Community Works in West Virginia, a statewide housing network with a membership of 27 nonprofit housing providers serving the State's moderate to low-income home buyers. Since becoming its Executive Director, Mary has expanded the organization's lending capacity by becoming a qualified Seller/Servicer of loans to Neighborhood Housing Services of America. In addition, Mary has created a Campaign for Excellence, a leadership program designed to empower nonprofit housing managers; and developed an Affordable Housing Internship Program in partnership with West Virginia University, Marshall University and West Virginia Wesleyan University. As a matter of fact, I currently employ one of the first interns in this valuable program. Prior to joining Community Works, Mary worked for the Federation of Appalachian Housing Enterprises, known as FAHE, and held various positions at the West Virginia Housing Development Fund with the HOME Program and in the Commercial Business and Development Department. Mary has remained active in many state and local organizations that serve affordable housing solutions such as the West Virginia Interagency Housing Council, NeighborWorks America Rural Initiative Advisory Committee, Board Member of Rea of Hope Fellowship Home for Women and as Board Member and past-Chair of the West Virginia Affordable Housing Trust Fund. Mr. Speaker, the purpose of the West Virginia Affordable Housing Hall of Fame is to recognize and honor men and women who have made significant and lasting contributions to affordable housing in West Virginia. Mary Skeens is truly a leader in affordable housing and community investment, and deserving of this honor. I thank Mary for her years of service to the improvement of housing for all West Virginians. West Virginia is fortunate to call Mary one of its own.

Mrs. CAPITO

Mrs. CAPITO. I thank my friend from Texas for yielding me the time. I wanted to come down and talk today. I support the rule, but I really support H.R. 9, the Small Business Tax Cut bill. This tax relief will go to 28,000 small businesses in West Virginia. I'm from a small State. Small businesses, I heard earlier, the statistics, create 70 percent of the jobs. In my State, it's probably 90 percent of the jobs are small business owners. Entrepreneurship and small businesses are going to drive us to recovery, not more spending and more debt. I heard the gentlelady talk about restaurants. That's who this is aimed at. Our top three small businesses in West Virginia would be health care and the service industry and the food industry. I've spent the last 2 weeks traveling in my district and listening to the concerns of families and job creators. They're very frustrated, very frustrated by the high price of gasoline, rising health care costs, and new regulation upon new regulation. It's making it difficult for our job creators to operate and to grow the jobs. A recent study by the U.S. Chamber found that 80 percent of small businesses reported that taxation, regulation, and legislation from Washington make it harder for them, for their businesses, to hire more employees. This tax cut will have an immediate effect, I believe, on the economy and certainly in my State. Just several weeks ago the Senate, the House, and the White House, we worked together to pass the JOBS Act; and I've already gotten very positive feedback from several people that they're, number one, glad that we're looking at the real problem in this country, which is the lack of jobs and job creation and, number two, that we did something together, that we worked together to try to get ourselves out of this slow recovery that we're in right now. I hope we can work in the same bipartisan spirit and pass this tax cut to give our job creators the ability to hire somebody else, buy new equipment, expand their businesses, choose another location, all the things that I think this tax cut bill will provide.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the accomplishment of a constituent of mine Mrs. Rebecca Poe; specifically her twenty-six years of service as Executive Director of the Randolph County Senior Center along with her other accomplishments as Randolph County director for North Central Community Action, campaign chairman for United Way of Randolph County, President of the Elkins Rotary Club and her service on the board of Elkins Rehabilitation & Care Center. Rebecca, whose first day as Executive Director of the Randolph County Senior Center was July 1, 1985, will work her final day on April 27, 2012. When Rebecca took over the Senior Center it was a small operation with a staff of seven people. Today it has a staff of about 120, including both full-time and part-time positions. Under Rebecca's guidance the Senior Center home care program began in 1988 with a nurse and coordinator. Today the program has 140 clients and features two full time nurses and a support staff. In 1989 under Rebecca's guidance, the Senior Center made use of a seven-county regional grant to upgrade the nutrition program for their seniors. The Country Roads Transportation program began in 2006 to transport riders of any age. Although Rebecca has helped the Senior Center make great strides over the years, she insists that the center and the many people she's gotten to know there over the years have made just as big an impact on her. Mr. Speaker, as the nation's baby boomers move into their senior years, we certainly need more people like Rebecca Poe and the outstanding level of care to our aging population. I thank Rebecca for her years of service and Randolph County is fortunate to call Rebecca one of its own.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the lifetime accomplishments of Colonel John K. Carney. Col. Carney, originally from Braxton County, West Virginia, passed away less than one month ago on March 17, 2012. He was a World War II veteran and worked more than 38 years in government service. Col. Carney began his military career in 1941 serving for the United States Air Force. Throughout his tenure, he supervised an array of management and logistics programs for the Air Force both in the United States and abroad. His overseas assignments included tours in South America, Trinidad, and Saudi Arabia, in addition to two tours in the Philippines. His final six years in the military were spent in the Pentagon at Air Force Headquarters. Here, he worked in the Office of the Secretary of Defense where he headed joint service planning and negotiating groups leading to the consolidation of major logistics functions within the Department of Defense. After 24 years of military service with the Air Force, Col. Carney retired in 1966. It was at this time when he began a second career with the General Services Administration. While working with the GSA, he pursued the development of a government-wide national supply system, which entailed a series of negotiations between the Department of Defense and other federal agencies. He retired a second time in 1980 from his position as Director of Supply Policy. Along with his dedication to his work, Col. Carney was committed to his community and family life as well. While living in Springfield, Virginia, he played an integral role in the founding of St. Bernadette Catholic Church. It was in Springfield where he and his wife raised their six children, sixteen grandchildren, and nineteen great- grandchildren. Mr. Speaker, the level of devotion to both family and country by Col. Carney is one deserving of great honor and respect. I wish to thank Col. Carney for his years of service and Braxton County is fortunate to remember him as one of their own.

Mrs. CAPITO

Mrs. CAPITO. I rise today to bring attention once again to this administration's assault on our domestic energy production. For the past 3 years, I've been saying many times from this very podium that the EPA is overstepping its bounds and regulating where it cannot legislate and costing us American jobs. Last Friday evening, the U.S. District Court for the District of Columbia overruled the EPA's veto of the Spruce Mine's Clean Water Act permit. The decision stated--and this is a quote from the judge--that the EPA's veto was ``unprecedented'' and it had acted in a manner that was ``arbitrary, capricious, and not in accordance with the law.'' Could there be a clearer sign that we've been subjected to an overreach of Executive power? This decision is a win for West Virginia, but we have a long way to go because the administration's so-called energy policies have led to higher gas prices and higher heating prices. We're blessed to have abundant natural resources in this country, particularly in my State of West Virginia, but this becomes irrelevant if this administration continues to hold these domestic resources hostage. All-of-the-above means following the law.

Mrs. CAPITO

Mrs. CAPITO. I want to thank the chairman. I really want to thank the whole Financial Services Committee for working together on this bill, the JOBS bill, Jumpstart Our Business Startups. Our unemployment in this country is over 8 percent. We've got to find and make every means available to create jobs and to give those great ideas to be able to grow from small businesses to large businesses. We want to make sure that our entrepreneurs are able to find the funding to be able to grow those seeds of a business that then could flourish and grow. When we talk about some of the things that have started in this country as start-ups most recently, we might look at something like AOL or something like Apple or even FedEx when Fred Smith wrote that famous paper in business school that I think didn't get a very good grade but now has resulted in our FedEx. If they hadn't been able to find the funding to begin, many of them I think today would say that because of the regulatory structure, because of the inability to find funding, that they wouldn't even be able to get started today and grow to the thousands of jobs that they have. This has great potential. It's bipartisan. I support the JOBS Act.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, today we're considering a bipartisan legislative package called the JOBS Act, Jumpstart Our Business Startups. This is what our constituents want us to do, and they want to see us get it done. The JOBS Act is a legislative package designed to move our economy and restore opportunities for America's primary job creators, our small businesses, start-ups, and entrepreneurs. These measures create capital formation, will spur the growth of start-ups and small businesses, and pave the way for more small-scale businesses to go public and create more jobs. As I said, this has broad bipartisan support. Of the six bills, only 32 Members voted ``no'' on all six of these bills as they moved through the House and the committee. In his State of the Union, the President asked us to send him a bill that helps small businesses and entrepreneurs, and that's exactly what the JOBS Act does. We're presented with an opportunity to act in a truly bipartisan fashion that will promote job growth across our Nation. So we should join together, I believe, as Republicans and Democrats, House and Senate, to give the President the piece of legislation so he can sign it into law.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, I rise today in support of the STOCK Act, Stop Trading on Congressional Knowledge Act, which strengthens current House rules banning Members of Congress from profiting financially from their position. It is absolutely unacceptable for those in any branch of government--the legislative, the judiciary, or the executive branch--to profit from nonpublic information. Insider trading is not only unethical; it is illegal no matter who you are. But if it takes a stronger, tougher bill to set the record straight, then so be it. The American people elected us in good faith to lead, and we must do everything in our power to protect that trust. The bill enhances transparency, something we've continually strived for in this 112th Congress, and I am proud to support the bill. I hope my colleagues will join me in passing this into law.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, the natural gas industry is very important to my constituents in West Virginia. Given the exciting opportunities that my state has as a result of the Marcellus Shale, I particularly appreciate the opportunity to discuss ancillary industries that West Virginia has the opportunity to develop as a result of its shale resources. I applaud Congressmen Reed and Critz for organizing a Special Order on the Shale's ancillary industries. America's current energy policy is highly flawed. My constituents can see its flaws when they are forced to pay higher prices at the gas pump. Newly found shale resources have given us a major opportunity to take advantage of home-grown natural resources like natural gas diversifying our energy portfolio and making us less dependent on foreign sources of energy. Our combined recoverable oil, natural gas and coal resources is the largest in the world. The United States must seize the opportunity to tap into these resources; however the Administration remains intent on enforcing a moratorium on energy production and transportation. In 2009, the oil and natural gas industry supported 24,400 jobs in West Virginia. It is projected that the next decade could see an increase in 18,000 to 26,000 jobs due to Marcellus investment and production. In addition to the economic boost that this nation can receive by utilizing its own energy resources, we also have the opportunity to strengthen existing industries and to also develop new ones. There are abundant resources present in the Marcellus Shale, including natural gas, oil, propane, and ethane. These resources can be used to heat our homes, power our vehicles and fleets, and to serve as a feedstock for chemical production. As my colleagues from Ohio and Pennsylvania know, our states are currently competing against one another to attract chemical plants known as ``crackers''. A single cracker would result in billions of dollars in investment, tens of thousands of construction jobs, and thousands of permanent jobs. It would also create jobs across the region and across the economic spectrum. A cracker would increase the local tax base, allowing local school districts to have more funds available to improve the education offered to our children. Attracting a cracker to the region will benefit all of our states and the country as a whole, but my hope is that West Virginia is successful at gaining this exciting opportunity. I believe that West Virginia has everything that a company desiring to build a cracker could want. West Virginia has a strong budget picture, an improving tax climate, a ready and able workforce, and a strong history in the chemical industry. I want my constituents to know that I am working with other leaders from West Virginia to attract a cracker. A cracker would give West Virginians what they want the most: good paying jobs that will allow them to put food on the table and live the American dream. Additionally, production in the Marcellus Shale gives us the opportunity to revive our industrial base. This is especially the case in regions that have historically been dominated by the steel and chemical industries. In order to actually produce the sources available in the shale we must first have steel and industrial equipment. The new demand for these materials will hopefully allow previously shuttered facilities to reopen, new facilities to be built, and existing facilities to increase production. All of this will create jobs. We are blessed in West Virginia to have abundant, natural resources that power our country. The Marcellus Shale will undoubtedly play a major role in the future of the energy industry, moving us toward energy independence and creating jobs in ancillary industries as well as the energy industry. Of course we must develop these resources in a responsible manner that ensures our grandchildren have clean air and water. It is essential that a proper regulatory structure is in place, one that balances exploiting this tremendous resource with environmental concerns. However, it is not necessary for the federal government and bureaucrats in Washington to balance these concerns. I fully support States being able to regulate the natural gas industry without undue interference from Washington bureaucrats. I am confident that states have the ability to regulate this industry, West Virginia showed that it had the ability to do so when it passed comprehensive legislation regulating shale gas production. I urge my colleagues to continue fighting to ensure that we are able to take advantage of our domestic resources to create the jobs that Americans so desperately need.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, reserving the right to object, I want to get a chance to react. The gentleman can proceed. I withdraw my reservation.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I want to thank the gentleman from Georgia (Mr. Westmoreland) for his leadership on this topic. He has been very dedicated to finding a solution here. He's worked with both sides of the aisle to find a way to get to the transparency and accountability that we need to have in terms of the examination process with our community banks, and I know he has been a tireless advocate for the communities in his district. We actually went to Mr. Westmoreland's district, to Newnan, Georgia, and had a legislative hearing, and we learned about the bank closures and the financial examination procedures. Regulators were all there. Financial institutions were there. But I think the one thing that struck me more than anything in the course of the conversation was, when a bank fails--and a lot of times a community bank is the only community bank, local bank, local ownership, know the people down the street. When that bank fails, it really guts the community in a way that's hard to describe. The larger banks are there; branches are there. But, still, losing that community anchor in a community bank can be a devastating thing, not just for individuals and families but also for the shop owner, the car dealer, the individual farmer, the folks that rely on the relationship banking that you get so spectacularly through a community bank. You lose that and, unfortunately, never to come back again in a lot of cases. I think that he's very concerned about that, and the people of Newnan, Georgia, in that district, are very concerned. This study I think will help us to see what's really going on here, pull the curtain back, look at the practices and the examination procedures. I know that Senator Levin made some technical changes in this, and I would like to thank Mr. Westmoreland for working with the Senator. Now, maybe that should be a life lesson for us here in terms of what's going on today, but I think we've reached a good consensus and a good agreement. We will hear the results of this study in our subcommittee and in our full committee to find out if we need to work with the regulators to change the regulations, make it so that what the banking institutions are hearing on the ground from their regulators is actually what is moving forward in their written reports that are sent to Washington, et cetera, et cetera. One of the things that we are challenged with here in Congress certainly is creating jobs and creating a climate where banks are going to lend and creating a regulatory climate where banks are going to lend and want to lend to small businesses. This issue that Mr. Westmoreland has highlighted I think will help us with that and, hopefully, will undo some of the needless shackles that some of our examiners are placing on our smaller institutions or on our community banks to be able to get back lending, and then our small businesses and job creators can then get back to the business of creating jobs so we can grow our economy. I would like to again thank everybody for their efforts, and I look forward to the passage of this bill.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, Americans have made their lists for the holidays. Drum roll, please. Number 10, pass the doc fix for doctors who treat Medicare patients; Number 9, continue the payroll tax holiday for American workers; Number 8, approve the Keystone pipeline in the name of creating jobs; Number 7, extend and reform employment benefits; Number 6, repayment of subsidies and reduce all fraud, waste, and abuse; Number 5, prevent the EPA from destroying jobs by onerous boiler MACT regulation; Number 4, allow businesses to expense their costly purchases; Number 3, include spectrum auctions for more broadband services; Number 2, do all of this without adding to the deficit; and Number 1, please create American jobs. To my colleagues, don't be a grinch. Please help grant America's holiday wishes. And to the President, make this your list, check it twice. America wants and needs jobs for the holidays.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to commend William Thompson of his service to the U.S. Office of Personnel Management and to congratulate him on his upcoming retirement. Mr. Thompson began his career in 1971 with the U.S. Marine Corps after his service with the Marine Corps in 1975. He returned to college and became a co-op student with the Social Security Administration in 1977 and stayed until 1980. He worked for the State of West Virginia for 18 months before going to work for the U.S. Defense Investigative Service in 1982 and subsequently became what is known today as U.S. Office of Personnel Management. Mr. Thompson's role has been Special Agent in charge of conducting Federal Security Clearance Investigations. For his dedication of 37 years, I offer Mr. Thompson my most sincere congratulations and best wishes for a well-deserved retirement.

Mrs. CAPITO

Mrs. CAPITO. I thank the chairman of the committee, for recognizing me. I would like to speak in support of the gentleman from Connecticut's legislation, H.R. 1965, which would amend the securities law to establish certain thresholds for shareholder registration. We all recognize that capital is tight for lenders and for businesses, and this bill, along with several others that were passed out of the Financial Services Committee, will address the issue of capital formation and allow institutions much needed resources to stimulate our economy. More capital equals more jobs, equals more people back to work, equals a growing economy. Cost of public companies to register with the SEC can be very, very burdensome, and this cost is augmented when it's applied to smaller institutions. They don't have the resources to be able to meet the demands that larger companies do. So this bill would allow banks and bank holding companies access to more capital for that very precious and much needed impetus of job creation. By raising the threshold from 500 to 2,000, it would permit easier deregistration, and the expenses that are tied up with registering would then go to stimulating our economy. More lending, more lending for a florist, a restaurant. I noticed in Charleston, a long-time restaurant that had been out of business was reopened under new ownership just this morning. And that's good news, and that's the kind of capital that small businesses need to be able to create jobs and stimulate the economy. I believe this is a good piece of legislation whose effect on the economy will far outweigh any risks that it could propose, and I heartily endorse the gentleman from Connecticut's legislation, H.R. 1965.

Mrs. CAPITO

Mrs. CAPITO. Thank you. I want to thank my colleague for sponsoring this Special Order. I know we're running close to being out of time, but this is such an incredibly important topic for us as daughters, as granddaughters, as nieces and sisters. We spend a lot of time going to senior centers. I do in my district. I believe, as my colleagues have mentioned tonight, one of the resounding themes of our seniors right now is they're afraid, they're concerned, they're worried. They don't know what the future's going to be because of all the rhetoric surrounding Washington. The statistics that we've heard, a lot of them tonight, some of the ones that I've heard is that on top of more seniors living longer, we're going to have, the number of disabled elderly persons is projected to rise by one-third by 2030. As of January 1, 2011, each day 10,000, baby boomers turn 65. The numbers just aren't going to fit. We've talked about the Republican plan to reform Medicare, to not touch those benefits of our present seniors, but to reform it for future seniors, for the baby boomers to come that are going to be turning 65 and going to have to rely on and need to rely on Medicare. I'd like to talk about something in a personal way. We have a personal story, a lot of us. I'm in the sandwich generation. My parents are both in their eighties, and they're really having a pretty rough spell of bad health. And what it's done for my brother and sister and me, is we've had to spend--and we lovingly do this--but spend many, many hours trying to figure out how to meet their health care needs, try to figure out how to pay for all of their obligations and the worry of talking with doctors, trying to make sure they're comfortable. This is a real worry for all families across the Nation. In our country, 66 percent of these caregivers are women, and I think that's why we, as women of the House, particularly Republican women of the House, wanted to discuss seniors and care. So, with this sandwich generation, with the rising incidence of Alzheimer's, which touches every family--and my family is no exception--it brings a different type of need to this country on how we're going to address these very difficult medical issues. But if we don't address them--and we've heard this tonight--if we don't address them, if we just let them lie, let them stay the way they are, the way they are right now today, they will not be there. They cannot exist. One of the ways I think that we can really help our seniors is to have an economic program in place to grow our economy so that their 401(k)s that they look at monthly, that they rely on for income, are growing rather than just dissipating and shrinking, which is another huge problem for our seniors. Many of our seniors planned very, very well for their retirement. They've kind of thought of them as their golden years, the times when they're going to be able to travel or visit more with their grandchildren and have the ease of life of the day-to-day obligations being met. And with the downturn in the economy, with the lack of growth in our economy, our seniors aren't able to do that. They put their heads on the pillow at night, and they're concerned about whether they're not only going to meet their obligations for their health care, but the gas, the food, and the payment for all of their needs. We need to realize that we have plans. We have plans for our seniors. We know how important Social Security and Medicare are to our seniors. Maintaining it and making sure it's there for future generations is absolutely critical. I want to thank my colleague for inviting me here this evening and getting a chance to talk about something that I care deeply about, and that is our Nation's Greatest Generation.

Mrs. CAPITO

Mrs. CAPITO. I would like to thank the gentleman from Pennsylvania for having this Special Order to discuss two really important issues: America's energy supply and our transportation infrastructure. And I'm really pleased that we have a bipartisan group here. We started like this several years ago. We all kind of closed ourselves into a room, Members only, to discuss our Nation's great needs. Many of us share the same types of States, West Virginia, Pennsylvania, Indiana, where we know energy production. We know the jobs that it creates, we know how valuable it is to our country, but we also know that certain parts of our country are more reliant on certain sources of energy, particularly a State like mine, and Pennsylvania and Indiana, as well, I believe, with coal and other fossil fuels. And so in concern of disadvantaging certain parts of our country because of our abundance of energy and our reliance on certain resources, we got together to try to solve some problems. And so H.R. 1861, I think, goes a long way. Mr. Murphy has talked a lot about what this means in terms of our reliance on foreign sources of oil, he's talked a lot about the direct translation of energy into jobs. We share a portion of our States bordering one another where we can see the energy sector exploding around the Marcellus shale. I'm from the northern part of West Virginia that borders on the Pennsylvania area where the shale is most prevalent, and just to see the creation of not just jobs in that industry, but jobs in the car lots, jobs in the county courthouse, jobs in the local restaurants and hotels, is exciting for a downtrodden area of our country. And so we know that further exploration on our Outer Continental Shelf will explode in terms of jobs. So he has a bill. I also have a bill out that has a little bit narrower focus, and it is H.R. 2983, and I've nicknamed it the REBAR bill. As we all know, good nicknames for bills are always catchy. My bill has the same premise, which is maximizing our energy resources in the Outer Continental Shelf to generate billions of dollars. Mine has a more narrow focus because of the 9.1 percent unemployment situation that we find ourselves in right now and in the near future. I focus mostly on, or exclusively on, really, infrastructure development in terms of roads and bridges, and then our water and inland waterways. West Virginia also borders the Ohio River. We've got aging infrastructure. Some of our locks are over 100 years old. The Inland Waterways Trust Fund cannot possibly meet the demands of the need that is apparent on our waterways. We also have large estimates of $930 billion for roads and bridges. We all know the gas tax is not going to meet this demand. We have been funding the trust fund for our highways for years. In recent years it has been to the tune of billions of dollars every year to meet the shortfall. States can't plan, companies can't hire, and equipment makers can't produce. There's all kinds of stalling that's gone on because of the uncertainty in our Highway Trust Fund. We've set up a structure where you have a bill that lasts for 6 years so that you can plan, so that you can look at the future of all of our transportation needs. But if we don't fund that, we're not going to go anywhere, and we're not going to create the jobs that are going to be immediately created by a good and robust infrastructure bill. The President talks about infrastructure. Many Members talk about infrastructure. But the next question doesn't get asked: How are we going to pay for this? And that's what I think is particularly creative about this bill, and I would say along the same lines as the bill that I had put in for consideration. So I think it's something that obviously crosses party lines. The urgency is there. The win/win situation for a bill such as this is apparent on energy production, job creation, and infrastructure development. Those are the three pillars of a--I'm going to say it's a three-pronged stool. These are the three pillars that grow from this act. I think we should act on this. I think we've got critical mass in this House to be able to push something like this through. As a member of the bipartisan energy group, I'm going to keep working with my fellow colleagues here today to see that we push this forward and that the American people understand the great importance and the great future that this will hold in terms of the growth of our country.

Mrs. CAPITO

Mrs. CAPITO. I thank my colleague on the Rules Committee from South Carolina. I would like to ask the gentleman from Massachusetts who's been talking a lot about the jobs bill and the President's jobs bill, and my question to him is: If it's such a great jobs bill, why does it only have three cosponsors on the bill? I don't think that says much for the emphasis on your side of the aisle or in this whole House behind the President's jobs bill. But today I want to rise in support of the rule of H.R. 2273, and I want to congratulate my colleague from West Virginia (Mr. McKinley) for his very dutiful work in this area. To me, this legislation is in response to the EPA's ideological war on Appalachian jobs. The EPA is intent on regulating coal as a hazardous material. It is a wrongheaded move, given that the material has been used in household construction for years. This bill simply allows States to regulate coal fly ash under their long existing solid waste disposal programs. This bill is environmentally and economically responsible because it allows the EPA to set enforceable minimum standards but leaves ultimate regulations and enforcement to the States, where it belongs. If the EPA is permitted to regulate coal ash as a hazardous material, it could have a devastating effect on my State's economy. We generate 97 percent, maybe up to 99 sometimes, of our electricity from coal naturally, because we're a very large coal producer. Regulating this as a hazardous waste would result in less coal use and would throw thousands of coal miners out of their jobs. Electricity prices would skyrocket, which would hurt manufacturers and households. I just think that we're talking about jobs. Let's talk about creating jobs, but let's not destroy 316,000 jobs in the process of this regulatory regime that we've seen over the last several years. We know from the EPA's own statements that they don't really consider job loss or economic loss when they put forward these onerous provisions, so we cannot afford to let the EPA put more Americans out of work. I support the rule and the underlying legislation.

Mrs. CAPITO

Mrs. CAPITO. I am opposed to the amendment offered by the gentlelady, my ranking member. We work really well together, I think, on the subcommittee. We obviously have differences, and this is one. The portion of the bill that she's talking about is actually the portion that I created. It was really a creation of a couple of months ago. Probably in April, I began to think to myself: The President hasn't made an appointment to the marque bureau to protect consumers, and he's had almost an entire year to do this. The handwriting was going to be on the wall in terms of trying to get a Senate confirmation. Certainly, you're not going to get one in 4 days, which is what he tried when he nominated somebody on Monday, finally. So the thought for me is that we have enormous powers vested in one individual. The bill was written to have them. The minority leader was down here saying the oversight that is provided by Senate confirmation is the Congress's stamp of approval of the direction this individual wants to take this bureau. Yet, we have a situation where we have a President who's waited an entire, let's see, 361 days before making an appointment, and we're in a position where we're going to have an acting or recess appointment with a very powerful position without any input or oversight in the nominating process that moves forward and is vested in the United States Senate. I just think that's a problem. I think that the President had had due time to accomplish this, and we're going to say to the Treasury Secretary, We're going to give it to you. Quite frankly, I think the Treasury Secretary is pretty busy right now dealing with debt limit issues and trying to solve other problems that we have in front of us financially. Our economy, we have 9.2 percent unemployment. We've got to get the wheels turning here, and I'm sure that's where the Secretary is putting his energy, appropriately so. I just think that this is an agency that's starting with one hand tied behind their back because of the fault of the chief executive who has not appointed a person that could seek and get Senate confirmation, and I think that without that person, with the oversight of a Senate confirmation, taking the reins of this very powerful bureau that's just been created, we would be getting off on the wrong foot. I would oppose the gentlelady's amendment. I yield back the balance of my time.